Court : Andhra Pradesh
Decided on : Dec-04-2003
Reported in : 2004(4)ALT472
..... administrative instructions issued from time to time and a rationale principle, the government prescribed three year term for a public prosecutor/ additional public prosecutor under section 24(3). in case of delay in appointing successor, the rules/ administrative instructions empowered the district collector to continue the public prosecutor/ additional public ..... :we fully appreciate the perspective presented by counsel. but before we come to that, let it be bluntly stated that if government does an act offending the public office filled by a government pleader what becomes the incumbent in the land of gandhi is a dignified renunciation of office, not ..... briefs through the 'writ' route. moreover, the legal position is plain. as explained earlier, a bunch of government pleaders is perfectly permissible consistently with section 2(7) and order 27, rule 4 civil procedure code. nor do the bihar rules regarding government pleaders help. they are purely administrative prescriptions and serve as .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-04-2003
Reported in : 2004(1)ALD546
..... therefore find any infirmity in the impugned order. if the petitioner is so advised, she has effective remedy under sub-section (3) of section 126 of the electricity act, 2003 by filing objections before the assessing authority who shall thereafter afford a reasonable opportunity and pass final orders.11. in view of the same ..... sri j. siddaiah submits that the impugned assessment notice is not in accordance with law. he specially invites the attention of this court to section 126 of the electricity act, 2003 ('the act' for brevity). he contends that even if the allegations of pilferage are true, the 1st respondent can only assess the value of pilfered energy ..... that the petitioner should pay half of the amount to seek restoration of power supply is conspicuous by its absence. presumably the respondents are aware of section 126 in the new act and they did not follow, rightly so, condition no. 39.6 of the revised terms and conditions of supply of electricity. i do not .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-04-2003
Reported in : 2004(1)ALD265
..... framed with an object of conservation and development of mines and minerals. mineral development as distinguished from grant of leases and licences, is dealt separately under the act also. section 18 endows the central government with a duty to take all steps for the purpose of conservation and development of minerals and for protection of environment by ..... 1960 as regards grant of leases for major minerals and the a.p. minor mineral concession rules, 1966 for leases in respect of minor minerals.8. section 9 of the act mandates that the holder of mining lease shall be liable to pay royalty in respect of any mineral removed or consumed by the lessee, at the rate ..... for under rule 54 of the mineral conservation and development rules 1988 (hereinafter referred to as 'the conservation rules') and the same is traceable to section 18(1) of the act.7. petitioner was granted mining lease in respect of limestone, which is classified as major mineral. the working of the mine is governed by the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-04-2003
Reported in : 2004(3)ALD158; 2004(2)ALT185
G. Bikshapathy, J. 1. All these writ petitions can be disposed of by a common order as they are directed against the same order of the A.P. Administrative Tribunal, Hyderabad (for short, the Tribunal) in O.A. No. 7069 of 1996 dated 30-7-1997.2. The case has a chequered career. The unofficial respondent in W.P.No. 29775 of 1997, Mr. A.S.N. Murthy, has been agitating for more than a decade with regard to his promotion and other consequential benefits. However, we need not go into all those details and suffice it to refer to the following relevant facts. He filed O.A. No. 7069 of 1996 claiming the following numerous reliefs:(i) to declare the retrospective seniority granted without eligibility to the Respondents 5 and 6 in the Deputy Tahsildar category with effect from 7-6-1982 and consequential promotions issued thereon to the categories of Tahsildar and further to District Supply Officer as illegal, arbitrary, null and void;(ii) to replace all unqualified Respondents 6, 7, 8, 9 and 10 c...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-04-2003
Reported in : 2004(3)ALD182; 2004(2)ALT655; III(2004)BC559
..... also pressed into service. issues were framed by the trial court and evidenced was led and the suit was dismissed. the trial court held that in terms of section 35 of the indian stamp act, the promissory notes could not be relied upon as they were insufficiently stamped. the books of accounts were also not relied upon by the trial court because .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-04-2003
Reported in : 2004(1)ALD783; 2004(5)ALT599; 2005(1)CTLJ535(AP)
..... in apmip.case of the petitioners(i) wp no. 23777 of 200319. godavari polymers private limited is the petitioner. it is a company registered under the companies act. they manufacture poly ethylene (pe) pipes, sprinkler irrigation systems and other analogous products at its factory at hyderabad. according to the petitioner, these pe pipes ..... and evaluating the facilities for supply of sprinkler irrigation systems.(ii) wp no. 23940 of 200322. the first petitioner is a company incorporated under the companies act, 1956. the second petitioner is a partnership firm. they filed the writ petition seeking a declaration that the action of goap in not registering eoi by ..... must be exercised only by the authority to which it is committed. that authority must genuinely address itself to the matter before it; it must not act under the dictates of another body or disable itself from exercising a discretion in each individual case................42. judicial review of contractual power of the government is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-03-2003
Reported in : 2004(1)ALD(Cri)585; I(2005)BC167; 2004CriLJ2914
..... clear that first respondent is not denying his signature on the reverse of the cheque. so it would be an 'endorsement in blank' as defined in section 16 of the negotiable instruments act, 1881 (the act) which reads;'if the indorser signs his name only, the indorsement is said to be 'in blank' and if he adds a direction to pay ..... by a2 and a4 with the connivance of the petitioner, who is the manager of the bank and so, the petitioner and other accused are liable for punishment under sections 120-b, 420 and 406 of the indian penal code. the learned v addl. metropolitan magistrate, vijayawada took cognizance of the case and issued summons to the petitioner ..... the amount mentioned in the instrument to, or the order of, a specified person, the indorsement is said to be 'in full', and the person so specified is called the 'indorsee' of the instrument.' 5. section .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-02-2003
Reported in : 2004(1)ALD392; 2004(4)ALT204
..... the basis of the declaration and surrounding circumstances and that broader view needs to be taken in this regard. they justify the invocation of urgency clause under section 17(4) of the act on the ground that the land was required urgently, for the purpose of establishing industries. the challenge in this writ petition is to the acquisition of an ..... land is acquired exclusively for the benefit of the company is disputed. it is stated that mentioning the name of the company in the notifications under sections 4(1) and 6 of the act is a mistake and the same has been rectified by issuing errata. they contend that at once the acquisition of the land is for the ..... government, on one hand, and the company for whose benefit the land is acquired, on the other, has to be published in the official gazette, as required under section 42 of the act. it is alleged that no such publication has been made. the petitioner also challenges the action of respondents 1 to 3 in dispensing with the enquiry under .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-02-2003
Reported in : II(2004)ACC81; 2005ACJ559; 2004(1)ALD770; 2004(3)ALT570
..... ram case (supra) and submits that the motor vehicle involved in the accident was given on hire to apsrtc which is the 'owner' within the meaning of section 2(30) of the act and the original owner has insured the vehicle with the insurance company and as such, the apsrtc has not insured the vehicle and it is not the original ..... the judgment of the apex court in rajasthan state road transport corporation v. kailash nath kothari, : air1997sc3444 , wherein it was held as under:'the definition of owner under section 2(19) of the act is not exhaustive. it has, therefore to be construed, in a wider sense, in the facts and circumstances of a given case. the expression owner must include, ..... the sixth respondent (insurer) to avoid its liability to the claimants, because the appellant also is the deemed owner of the bus involved in the accident as per section 2(30) of the act, and is a party to the op. so, the liability of the 'owner' as to the person who has to pay the compensation to the claimants is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-02-2003
Reported in : AIR2004AP234; 2004(1)ALD757; 2004(2)ALT94
..... mined but only confers power to frame rules to regulate grant of quarry and mining lease and other matters connected therewith, parliament amended the principal act and inserted section 23c therein act which reads:23-c: power of state government to make rules for preventing illegal mining, transportation and storage of minerals :--(1) the state government ..... to the neighbouring state.18. the contention of the learned counsel for the petitioners is that the power delegated to the state government under section 15 of the act to make rules for regulating the grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals cannot be extended ..... judgment of the supreme court in m.p.p. kavery chetty (supra) has no application. parliament by virtue of central act no. 38 of 1999, has amended the act by inserting section 23c in the act, which confers power on the state government to make rules for preventing illegal mining, storage and transportation of minor minerals. .....
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