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S. Sudarshan and anr. Vs. State of A.P. and ors.

Court : Andhra Pradesh

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...

Godavari Polymers Pvt. Ltd. Vs. Agricultural Products Commissioner and ...

Court : Andhra Pradesh

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 .....

India Poly Fibres Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2004)(93)ECC422

..... appeal, filed by m/s. india poly fibres ltd., is whether the crimped uncut waste is classifiable under sub-heading 5503.19 of the schedule to the central excise tariff act as waste as claimed by them or under sub-heading 5501.20 of the tariff as polyster tow or staple fibre.2.1 shri v. lakshmikumaran, learned advocate, submitted that .....

The Executive Engineer and Administrative Officer, Tamil Nadu Housing ...

Court : Chennai

Reported in : 2004(1)CTC48; (2004)1MLJ381

..... court in its judgment rendered in state of punjab v. sadhuram, : (1997)9scc544 has held that after taking possession of the land, by operation of section 16 of the act, the right, title and interest of the erstwhile owners should extinguish and the government became absolute owner of the property free from all encumbrances. under the ..... presence of the owner or the occupant of the land to effectuate the taking of possession is not necessary. no further notice beyond that under section 9(1) of the act is required. when possession has. been taken, the owner or the occupant of the land is dispossessed. once possession has been taken the land ..... in accordance with law. as mentioned in the foregoing paragraphs, wide publicity was given with regard to the proposed acquisition viz., publication of the notification under section 4(1) of the act in the official gazette; publication in two leading dailies viz., 'the hindu' and 'thinathanthi' and publication at convenient places in the locality. in the .....

Oriental Insurance Co. Ltd. and ors. Etc. Vs. State of Bihar and anr.

Court : Patna

..... payment or settled by the insurer unless he has obtained a report on the loss that has occurred from a person who holds a licence issued under that section to act as a surveyor or loss assessor. the decision to reject the claim was in consonance with the report of surveyor and loss assessor/investigator. it does not ..... altogether.16. as a matter of fact the acts envisaged in section 406 or 409 or 420 or for that matter other cognate offences occurring in chapter xvii of the indian penal code cannot be part of duty of a ..... absence of any express provision simply because they are deemed to be public servants and accordingly there is no bar to their prosecution without such sanction. section 107 of the insurance act provides for previous sanction of the advocate general in the matter of proceeding against officers etc. of the insurance company but that is a different provision .....

Kerala State Co-operative Coir Marketing Federation Ltd. Vs. the Deput ...

Court : Kerala

Reported in : [2004(102)FLR273]; 2004(2)KLT126

..... of period of suspension under section 2(d) of the act. but there was an order passed by the management treating the period of suspension as break of service and that was not challenged by the employee, ..... period of suspension as period of service. when once it was treated as break in service it had to be presumed that he was out of service. section 3 of the act deals with the payment of subsistence allowance during the period of suspension. the suspension period has to be treated as in service, in view of the definition ..... marketing federation limited filed this o.p. challenging ext.p-1 order dated 13th november, 2002 passed by the deputy labour commissioner and authority under section 4 of the payment of subsistence allowance act, 1972.3. heard the learned counsel appearing for both sides.4. the main argument advanced by the learned counsel for the petitioner was that .....

P. Anand and Sons Vs. Commissioner of Sales Tax

Court : Allahabad

Reported in : [2006]146STC108(All)

..... also been annexed. on the basis of the aforesaid material, it has been argued that the initiation of proceeding under section 21 of the act was justified. relevant part of section 21 of the act is as follows:section 21. assessment of tax on the turnover not assessed during the year.--(1) if the assessing authority has reason to believe ..... turnover has escaped assessment.9. in the case of commissioner of sales tax v. tata engineering & locomotive co. reported in 1980 uptc 588, a notice under section 21 of the act was issued on march 25, 1976. learned standing counsel relied upon letter dated march 27, 1976 which referred to the telephonic talks and mentions 'kuch din ..... applying mind came to the conclusion that the turnover of the assessee has escaped assessment'. the court further held that it is settled that proceedings under section 21 of the act could be reopened on material on record. in the absence of any material or anything to show that the information was conveyed between 19th march .....

M. Venkateswara Rao Vs. Bollisetty Bapanaiah and anr.

Court : Andhra Pradesh

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 .....

Shailesh Kumar Singh Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2004CriLJ3030; [2004(1)JCR1(Jhr)]

..... from attending court and from attending to his work amounts to obstructing the course of justice and that amounts to criminal contempt as define in section 2(c) of the contempt of courts act. it is also submitted that it may even amount to interfering with the due course of a judicial proceeding and on that basis also it ..... the obstruction to the forward march of this great nation.11. we, therefore, drop this proceeding reserving liberty in the petitioner toinitiate a proceeding under the contemptof courts act after the criminal prosecutionis completed, if it is permissible in law. weissue an injunction restraining the partyrepresented by respondent no. 6 and ofwhich he is an officer bearer, ..... p.k. balasubramaiiyan, c.j.1.this is an application filed by a practicing advocate of this court under sections 11 and 12 of the contempt of courts act, 1971. according to the petitioner, on 21.8.2003 the party of which respondent no. 6 was the district president, had called for a ranchi bimdh. while .....

North West Karnataka Road Transport Corporation, Central Office Vs. De ...

Court : Karnataka

Reported in : 2005ACJ1591; ILR2004KAR962; 2004(3)KarLJ93

ram mohan reddy, j.1. the north west karnataka road transport corporation (for short, 'corporation') has preferred this appeal under section 173(1) of the motor vehicles act, 1988 (for short, 'act'), calling in question the judgment and award dated 30th july, 2003 passed in m.v.c. no. 71 of 1996 on the file of the civil judge (senior division) and .....