Court : Andhra Pradesh
Decided on : Nov-24-2006
Reported in : 2008ACJ932; 2007(3)ALD740; 2007(4)ALT642; [2007(114)FLR665]
..... caused by the proclainer when it hit an explosives dump, when the deceased admittedly was not in the proclainer at the time of the accident he would be a third party vis ..... act has no jurisdiction to make the appellant liable to pay compensation to respondents 1 and 2.8. i find considerable force in the contention of learned counsel for the appellant. though, the accident involving the deceased occurred out of and during the course of his employment with the third respondent, as the result of an explosion ..... --vis the proclainer. the policy issued by the appellant to the third respondent covers the risk of the driver, cleaner and non fare paying passengers only. so the appellant is answerable to any claims made under the act .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-16-2006
Reported in : 2007(1)ALD628; 2007(1)ALT398
..... sale deeds on 17-6-1997. the company got the plans prepared as per the rules framed under the relevant enactments like petrolium act, explosives act, the municipal corporation act etc., and the company submitted an application dated 22-11-1996 along with the plans to the collector, guntur for granting 'no ..... installed an underground tank of 22,000 litres capacity of petrol and installed the petrol dispensing pump. the company also obtained licence under the explosives act on 18-11-1997 and the petitioner also obtained registered certificate from commercial tax department and central sales tax. it is further stated that ..... the municipal corporation, guntur, revenue divisional officer, mandal revenue officer, superintendent of police, district forest officer, district medical and health officer and chief controller explosives etc., to inspect and send their reports regarding desirability of granting 'no objection certificate' and that the said authorities inspected the site and sent reports .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-27-2006
Reported in : 2007(2)ALD265
..... their workmen, servants, agents and customers and for the passage of lorries, carts and all other vehicles. the lessees shall have to take all precautionary measures against explosion of fire or other accident and they shall comply with all regulations as imposed by public authorities in that behalf. it is pertinent to note that as per clause ..... chief judge, city small causes court at hyderabad, which was also dismissed on 30th july, 2001. against which, the present civil revision petition is filed under section 22 of the act.6. the only question that arises for consideration is as to whether the respondent leased out the open land in favour of the petitioner-company for getting ..... years, but no such option was exercised after an expiry of 20 years and the lease has already expired and therefore, termination notice was issued under section 106 of the transfer of property act, and a notice for eviction is also pending in o.s. no. 1660 of 1996, on the file of v additional judge, city civil .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-25-2006
Reported in : (2007)8VST252(AP)
..... by the tribunal. the revision is filed accordingly.4. before the revision is considered, it would be appropriate to have a look at section 22 of the sales tax act. section 22 of the act prescribes that a dealer or the authority prescribed may prefer a revision against the order on the ground that the appellate tribunal either decided the ..... substantiated.5. the petitioner has, however, relied on a judgment of the supreme court reported in deputy commissioner of agricultural income-tax and sales tax, ernakulam v. indian explosives ltd. [1985] 60 stc 310. the facts in this case were altogether different. the supreme court noted:it was not disputed that goods were imported by the respondent ..... to various members of association had to be decided after the import.7. going by the judgment of the supreme court and also the mandate of section 22 of the sales tax act, we are of the view that no substantial questions of law are involved in these revisions. we are also of the view that the tribunal .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-29-2006
Reported in : 2007(3)ALD708; 2007(3)ALT631
..... can workout the rights only after obtaining the decree and the person who did not enter the property by agreement of sale is not entitled for protection under section 53-a of the act simply on the ground that he obtained an agreement of sale from the vendors. in the light of the above circumstances, i do not find any merits ..... as the defendant did not get the possession of the property under exs.b-2 and b-3 agreements of sale, he is not entitled for protection under section 53-a of the act, therefore, the plaintiffs are entitled for declaration of title and recovery of possession as prayed for. if the defendant has any right to be pursued under the ..... the agreements of sale are enforceable to the extent of the shares of the executants:in surindersingh v. kapoor singh : (2005)5scc142 , the supreme court held:section 12(3) of the specific relief act is a beneficial provision so far as the purchasers are concerned. in the instant case, in view of the findings of fact arrived at by the high .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-29-2006
Reported in : 2007(4)ALT46; [2007(114)FLR667]
..... remuneration is less than rs. 6,500/-.unless the findings on these two crucial facts are recorded, the appellant could not have been brought under the purview of the act.11. the learned standing counsel for the respondents submits that despite notices to the appellant, the latter did not furnish the relevant information as to the nature of payment ..... working in the undertaking, assumes significance in this context. since no manufacturing activity is carried out by the appellant, it could have been brought under the purview of the act, if only, the number of employees exceeded '20'.8. it is a matter of record that the register of the employees contained the names of '16'. the dispute ..... l. narasimha reddy, j.1.this appeal is filed under section 82 of the employees state insurance act, 1948 (for short 'the act'.) the appellant is a chit fund company. the officials of the employees state insurance corporation, the respondents herein, caused inspection of the office of the appellant on 28 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-29-2006
Reported in : 2007(2)ALD808; 2007(2)ALT457
..... became the owner though formal sale deed was not executed and, therefore, he is entitled to protect his right of possession over the said property under section 53-a of the transfer of property act. admittedly, the suit filed by the tenant is still pending on the file of senior civil judge, gudivada. as the senior civil judge being ..... any notice calling upon the original owner venkata subbamma or nancharamma, who obtained the said property under registered will executed by the original owner. under section 53-a of the transfer of property act, no doubt, the tenant can take the defence for retention of his possession provided he has performed his part of the entire contract. but, ..... under section 54 of the act, once the sale deed is executed, the contract of sale of the said property does not create any interest or charge on such property. in the instant .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-29-2006
Reported in : 2007(3)ALD751; (2007)IIILLJ224AP
..... remuneration is less than rs. 6,500/-.unless the findings on these two crucial facts are recorded, the appellant could not have been brought under the purview of the act.11. the learned standing counsel for the respondents submits that despite notices to the appellant, the latter did not furnish the relevant information as to the nature of payment ..... working in the undertaking, assumes significance in this context. since no manufacturing activity is carried out by the appellant, it could have been brought under the purview of the act, if only, the number of employees exceeded '20'.8. it is a matter of record that the register of the employees contained the names of '16'. the dispute ..... l. narasimha reddy, j.1. this appeal is filed under section 82 of the employees state insurance act, 1948 (for short 'the act'). the appellant is a chit fund company. the officials of the employees state insurance corporation, the respondents herein, caused inspection of the office of the appellant on 28 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-29-2006
Reported in : 2007(3)ALD647
..... and anr. v. panchanan banerjee (dead) by legal representatives and ors. 1995 (2) aplj 86 (sc), wherein the supreme court while considering the scope of section 63 of succession act held that deprivation of the natural heirs by the testatrix should not raise any suspicion, because the whole idea behind execution of will is to interfere with the ..... for the testator by writing out the testator's name in his presence and by his direction, it would amount to due execution within the purview of section 63 of the act.9. in the present case, the attesters were examined and the will was proved through those attesters, therefore, the decision has no bearing on the facts ..... in the will can safely be used to corroborate the statement of propounder of the will that the will contains the handwriting and signature of her brother. section 69 of the act comes into operation when the attesting witnesses could not be found. the evidence of expert can be used to corroborate the statement of propounder of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-29-2006
Reported in : 2007(2)ALD614; 2007(2)ALT437
..... the sub-judge, rajam complained to the district judge, rajam on 27.10.1997 when he visited rajam. the act of the sub-judge, rajam in not presenting the bill even though the district judge, srikakulam accorded section with a view to cause harassment and loss to the staff members, for extraneous reasons.charge no. 6:the annual ..... . adinarayana, amin.8. sri p. prasadarao, head clerk.it is clearly envisaged in rule 24 of fundamental rules, that an increment to the govt. employees shall be sectioned as a matter of course unless such increments are withheld or postponed by the competent disciplinary authority. though there are no such orders, the sub-judge, rajam had deliberately ..... per the note prepared by the head clerk. so anything attributed to me in this regard is doubting my sincerity in discharging my duties.charge no. 6:i sectioned the increment of mr. n. chandrasekhara rao, process server (as the increments of others are also due, i asked the chief ministerial officer to prepare one bill .....
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