Court : Andhra Pradesh
Decided on : Jan-20-2003
Reported in : 2003(2)ALD895; 2003(3)ALT96
ORDERE. Dharma Rao, J.1. This writ petition is filed aggrieved of the order No. SB/686/3/95-SO(HZ) passed on 5.7.1995 by the Security Officer (HZ), IBS, Hyderabad in appeal preferred by the petitioner against the orders of the Vigilance and Security Officer, dated 26.6.1995.2. Originally, the Security Officer, after conducting an enquiry imposed the punishment of removal from service with immediate effect by his order dated 15.2.1995 which was modified by the Vigilance and Security Officer by order dated 26.6.1995 as one into reinstatement into service as Security Officer, with minimum of scale in the Revised Pay Scales and without arrears. On appeal, the impugned order was passed.3. The petitioner was on leave from 1.7.1994 to the date of order and submitted medical certificate issued by the private medical practitioner, though notice was sent to the petitioner, he refused to receive the notice and a charge sheet was served. Accordingly, after completing the regular enquiry, he was re...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-20-2003
Reported in : 2003(2)ALT449
ORDERT. Meena Kumari, J.1. This writ petition is filed seeking a writ of Certiorari calling for the records and setting aside the order dated 6-8-2002 of the A.P. Administrative Tribunal in O.A.No. 172 of 2002 upholding the impugned proceedings dated 30-12-2000 of the 2nd respondent and consequently to direct the respondents to promote the petitioner to the post of Assistant Conservator of Forests on par with his juniors w.e.f. 30-12-2000.2. It is the case of the petitioner that he was initially appointed as Forest Range Officer in Visakhapatnam Circle on 7-11-1997. He stood at Sl.No. 151 in the seniority list for promotion to the post of Assistant Conservator and the promotions have already been made upto Sl.No. 150. While so, the 2nd respondent herein issued proceedings Rc.No. 1089/99/M1 dated 30-12-2000 promoting his juniors who figure in between Sl.Nos. 152 to 216 in the seniority list, without assigning any reasons for ignoring the case of the petitioner. Therefore, he filed O.A. ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-13-2003
Reported in : III(2003)BC398
..... that a promise to pay whatever amount might be found due by an arbitrator on taking amounts, is not a promise to pay debt within the meaning of section 25 of the contract act. there cannot be any controversy or dispute in relation to the prepositions of law enunciated in the decisions referred to supra. however, in the present case, the evidence ..... it is now contended that ex. a.1 is not supported by consideration. in m. g. gurubasappa's case (supra) it was held that the presumption under section 118 of the negotiable instruments act, 1881, arises only when there is an executed promissory note or a negotiable instrument and when the document executed is not a promissory note, such presumption will not .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-10-2003
Reported in : 2003(2)ALD426; 2003(4)ALT105
..... is also another suspicious circumstance.19. therefore, though i have held that the will has been validly proved in accordance with section 63 of the indian succession act and section 69 of the indian evidence act, as defendant nos. 1 and 2 failed to remove ail the suspicious circumstances, ex.b1.will cannot be accepted as ..... mandated in all adoptions. the performance of datta homam and registration of adoption deed are not mandatory. (see sections 11 and 16 of hindu adoptions and maintenance act). indeed, as per proviso to section 11 of the act, the performance of datta homam shall not be essential to the validity of the adoption. in madhusudan das ..... , suryadevara pullayya v. suryadevara satyanarayana, : 2001(3)ald338 , the learned counsel however does notdispute that as per section 8 read with section 2(f) and schedule 2 and section 15(1)(b) of the hindu succession act, 1956 the plaintiff is the legal heir of husband of jejamma.7. sri g. dhananjaya, learned counsel for first respondent .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-10-2003
Reported in : 2003(2)ALD874; 2003(3)ALT530
..... deposition in the counter filed in the c.m.p., it must be taken as proved within the meaning of definition of the 'proved' in section 3 of the evidence act. therefore, i overrule the objections of the learned counsel for the first respondent and direct to mark the deposition of the first defendant made on 3 ..... to him and indeed first defendant filed another suit against the first plaintiff seeking eviction of the first plaintiff from the said property. therefore, section 39 of the transfer of property act would not assist the second defendant. therefore, the right of the plaintiff to receive maintenance or provision for marriage can be enforced by creating ..... contains an explanation for the admission and no prejudice is caused to him by receiving his deposition as evidence in this appeal. further, as per section 18 of the indian evidence act, 1872 a statement made by a party having proprietary interest in the subject-matter of appeal is an admission which suggests an inference to the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-10-2003
Reported in : [2004]270ITR275(AP)
..... assessee is the income out of the business of letting out the godowns. according to learned counsel, the assessee is entitled for registration under section 185(1)(a) of the act.12. we are unable to agree with the submissions made by learned counsel for the assessee. this court in clear and categorical terms held ..... , after an elaborate consideration of the matter, while considering the question as to whether the assessees therein are entitled for registration under section 185(1)(a) of the income-tax act, 1961 (for short 'the act'), observed that 'the expression 'business' contemplates continuous activity from year to year'. the court in the said judgment observed that ' ..... arise.' the court accordingly took the view that 'the income thus derived has to be assessed as income from the property in accordance with sections 22 - 27 of the income-tax act'.11. sri lakshmana sarma, learned counsel appearing on behalf of the assessee, however, submits that the assessee has entered into a partnership .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-10-2003
Reported in : 2003(2)ALD392; [2003]117CompCas340(AP); (2003)IILLJ798AP
..... it had, namely two sheds, were sold by apiic they chose to file applications before the official liquidator staking their claim under section 529-a of the act. section 529-a of the act, as already held, has no application to the employees of the subsidiary company. it gives right to workmen of holding company to ..... industry, the workmen would suffer retrenchment even if there is no specific order retrenching such workmen. a reading of provisions of section 25fff, sub-section (8) of section 25o and section 25f of the industrial disputes act would show that the relationship of 'master' and 'servant' between workman and employer in the event of industry being closed ..... treated as workmen. the terms 'workmen', 'workmen's dues' and 'workmen's portion' are explained by sub-section (3) of section 529 of the act, which reads as under.529(3). for the purpose of this section, section 529a and section 530,-- (a) 'workmen', in relation to a company, means the employees of the company, being workmen within .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-10-2003
Reported in : 2003(2)ALT328
..... view of this judgment of the earlier division bench of this court we have no doubt in our mind that section-17-a of the high court judges (salaries and conditions of service) act, 1954 as amended by act 7 of 1999 is ultra vires to the constitution to the extent of absurdity which has been pointed out hereinabove ..... judge who, being in service, on or after the commencement of the high court and supreme court judges (conditions of service) amendment act, 1986, dies, whether before or after retirement in circumstances to which section 17 does not apply, family pension calculated at the rate of sixty per cent of the pension admissible to him on the date of ..... was a writ petition filed by justice o. chinnapa reddy a former judge of the supreme court. the court struck down section 16-a of the high court and supreme court judges (conditions of service) amendment act, 1986 as being discriminatory. the question which arose before the division bench of this court was, 'whether the provision for grant .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-10-2003
Reported in : 2003(1)ALD(Cri)296; 2003(2)ALD(Cri)848; 2003(1)ALT(Cri)555; 2003(2)ALT(Cri)37; II(2003)BC435; 2003CriLJ1462
..... genuineness or otherwise of the allegations made in the complaint. 10. in maruti udyog ltd. (4 supra), the apex court has held that by virtue of section 139 of the act, the court has to draw a presumption that the holder of the cheque received it for discharge of a debt or liability until the contrary is proved and ..... the petitioners vehemently contended that the cheques were given as security and that there was no existing liability or debt and, therefore, prima facie the ingredients under section 138 of the act are not made out and, hence, he prays to allow the revision and discharge the accused. learned counsel for the 1st respondent contended that the cheques were ..... court. the accused filed a petition seeking to discharge them from the main case, as the averments in the complaint did not disclose the offence punishable under section 138 of the act. the said petition was dismissed on the ground that some disputed questions of fact and mixed questions of fact and law have to be decided in a .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-10-2003
Reported in : 2003(3)ALD540; 2003(2)ALT356
Bilal Nazki, J. 1. These five Writ petitions are in fact directed against a common order passed by the Andhra Pradesh Administrative Tribunal in O.A.Nos. 5025/99 and 6271/2001 dated 7-12-2001. All the Writ petitions raise same questions of law and fact therefore they are decided by this common judgment. 2. The detailed facts have been mentioned by the Tribunal in its order. Shorn of details:- The O.As were filed before the Tribunal challenging Note-1(i) and Note-6 of rule-3 of G.O. Ms. No. 505, dated 16-11-1998 as being violative of the fundamental rights being discriminatory in character. The Tribunal accepted the contentions and quashed Note-1(i) and Note-6 of Rule-3 of G.O. Ms. No. 505, dated 16-11-98. 3. Now, the only question which is to be answered by this Court is whether the Note-1(i) and Note-6 of rule-3 of G.O. Ms. No. 505 is unconstitutional, or not. Therefore, before going to the arguments on either side it will be necessary to reproduce the relevant portions of the G.O. Th...
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