Court : Andhra Pradesh
Decided on : Jan-21-1998
Reported in : 2000ACJ350; 1998(3)ALD244; 1998(4)ALT26
..... loss of expectation of life, pecuniary loss by adopting the multiplier method and accordingly rs.48,000/- was awarded as a whole, taking into consideration the fact that the amended act has fixed rs.25,000/- as the minimum compensation in all cases of death of a human being, whetheran adult or a child, man or woman. in fact ..... 1939) which came into force on 16th february, 1939 and the latest one is the motor vehicles act, 1988 (act no. lix of 1988), which came into force on 1-7-1989. the 1988 act has also undergone amendment by the motor vehicles (amendment) act, 1994 (act no. 54 of 1994) which came into force with effect from 14-11-1994. therefore, the ..... atleast in india, there wasno statutory basis to assess the compensation in such claims for the negligence of others till the indian fatal accidents act, 1855 was enacted to come on the statute book on 27th march, 1855 (act 13 of 1855). therefore, the first law was born almost one and half centuries ago in relation to awarding of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-28-1998
Reported in : 1998(2)ALD403; 1998(1)ALT571; [1998]92CompCas607(AP)
..... defendant by filing a separate suit- but in order to avoid multiplicity of suits. rule 6-a of order viii c.p.c. was inserted by c.p.c. amendment act 1976, which came into effect from 1-2-1977. if the counter-claim is filed, it being in the nature of a suit, the original plaintiff has a ..... court, and a high court exercising jurisdiction under articles 226 and 227 of the constitution) in relation to the matters specified in section 17.'section 17 of the said act reads as under:'17. jurisdiction, powers and authority of tribunals:(1) a tribunal shall exercise, on and from the appointed day, the jurisdiction, powers and authority to ..... counsel further submitted at the bar lhat under section 1 of the recovery of debts due to (sic debts due to banks and financial institutions banks and financial institutions act, 1993 can only be entertained by the debts recovery tribunal and not the counterclaim made by the defendants in their written statements.3. while rebutting the aforesaid arguments, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-12-1998
Reported in : 1998(2)ALD118; 1998(2)ALT604
..... 22nd february, 1998 is the petitioner herein. admittedly, he was convicted for offences under sections. 450, 395, 397, 326, 324 r/w section 149 of the indian penal code and sentenced to undergo two years imprisonment. he was released from jail on 17-12-1994 after serving out the sentence, yet, he filed his nomination before ..... of powers under article 324(1) the election commission cannot do something impinging upon the power of the president in making the notification under section 14 of the act. but after the notification has been issued by the president, the entire electoral process is in the charge of the election commission and the commission is exclusively ..... and undergoing imprisonment for a period of two years in the affidavit and the proforma for furnishing information under section 8 of the representation of people act, 1951 (for short 'the act') he has signed and filed along with his nomination papers. the scrutiny of all the nominations filed was conducted on 29-1-1998. however, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-20-1998
Reported in : 1998(2)ALD460; 1998(2)ALT113
..... need not undergo eamcet test and a separate criterion has been prescribed for them.7. article 371d was inserted into the constitution in view of the constitution (32nd amendment) act, 1973, which came into effect from 1-7-1974. it may not be necessary for us to trace the history of the above constitutional enactment, for, the ..... of 50% shall be the payment seats. 10% payment seats (i.e. 5% of the total intake) in each branch shall be reserved for non-resident indians (nris)'8. everything revolves around the applicability of the presidential order or otherwise, as in the event of the presidential order being attracted to the admissions in the ..... a society which is registered as an association under the relevant law or a religious or charitable trust registered under the indian trust act or wakfs act or a.p. charitable hindu religious institutions and endowments act and impose several conditions as specified in rule 3. the committee under rule 4 comprising of director of technical education, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-10-1998
Reported in : 1998(2)ALD793; 1998(2)ALT641
..... the true meaning and purport of subsection (1) of section 47-a of the act, even before the amendment of section 47-a by a.p. amendment act 17 of 1986 which had come into force with effect from 16-8-1986. of course, after the amendment the registering authority is bound to keep the instrument pending if he has reason ..... been truly set forth in the instrument and refer the matter to the collector for determination of the market value and the duty payable thereon. even before the amendment, the registering authority is duty bound to refer the matter to the collector without any delay. the rule provides that the registering officer while reaching the opinion that ..... instrument to the collector for adjudication as to the market value of the property stated in the said document. the learned counsel referred to the principle that an amendment which is by way of clarification of an earlier ambiguous decision can be useful aid in construing the earlier provision. it is one of the known principles of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-12-1998
Reported in : 1998(2)ALD699; 1998(2)ALT542
..... the above special qualification whereas the other respondents namely munivenkatappa, d. v.l.n.murthy and venkatapathi raju did not possess such special qualifications. section 8 of the amended act is in tune with the principles laid down by the supreme court in the case of 'sampath kumar wherein it is held that in the matter of appointment to ..... university. he'did l.l.b. and ll.m., from nagpur university and obtained first class. he served in several departments namely revenue, panchayat raj (engineering), factories, boilers and backward class welfare. the state of a.p. by its d.o.letter no.1383/spl.a/94, dated 26-12-1994 called upon the petitioner and other eligible ..... and appointed as deputy collector by an order dt:20-12-1965. between 1965 and 1982 he received several promotions. on 3-5-1992, he was promoted to the indian administrative services (ias) from the quota reserved to the stale services. he became eligible to be appointed as member of the apat. according to him, he possessed .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-12-1998
Reported in : 1998(2)ALD548; 1998(3)ALT67
..... important question of law arises for consideration in this case relates to the nature and scope and content of sections 14 and 17 of the indian arbitration act, 1940, as amended by a. p. amendment act 1 of 1990.9. we will first deal with the question of law that arises for consideration and then proceed to consider as to ..... an inseparable part of the total reasons for his award. ' 36. section 1(5) of the arbitration act, 1979, is some what similar and analogous to proviso to section 14 of the indian arbitration act, as amended by the a.p. amendment act 1 of 1990. in this decision it is held in categorical terms that the expression 'reasons' cannot be ..... has not been the law for nearly seven/eight decades. the apex court also noted the various reasons given by the indian law commission for not recommending to the government to introduce an amendment in the act requiring arbitrators to give reasons for their awards. the apex court felt that it is the matter of legislativepolicy which should .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-12-1998
Reported in : 1998(2)ALD816; 1998(2)ALT803
..... n. srinivasulu reddy, 1984 ls 129 in support of his contention. he further submits that the plaintiff, no doubt has sought for alternate relief of damages by amending the plaint, but he did not waive or give up the main relief, and therefore, he is entitled to the main relief only. even in the notices issued ..... of the defendants, plaintiff filed the suit for specific performance of agreement for sale.3. originally, the plaintiff did not ask for alternate relief, but later he amended the plaint by including alternate relief for refund of earnest money, together with interest.4. as dr. e.n. das died, his legal representatives defendants 4 to ..... specific performance, the court shall be guided by the principles specified in section 73 of the indian contract act, 1872. section 73 of the contract act deals with compensation for loss or damage caused by breach of contract. section 23 of specific relief act, 1963 deals with power of the court to grant specific relief including refund of earnest .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-17-1998
Reported in : 1998(3)ALD15; 1998(2)ALT731
..... section 2(9) appears to mean, 'any person employed for wages in or in connection with the work of a factory or establishment to which this act applies'. the amendment act of 1956 (act no.44 of 1956), however, brings on to the statute book the following:'and includes any person employed for wages on any work connected with the ..... the purchase of raw materials for, or the distribution or sale of the products of, the factory or establishment; but does not include- (a) any member of the indian naval, military of air forces; or (b) any person so employed whose wages excluding remuneration for overtime work exceed one thousand and six hundred rupees a month:...' 8 ..... the word in its proper spirit and manner as has been thought of by the legislature while engrafting the amendment act, 1956 in the statute book.9. the principal contention, raised in opposition to the applicability of the act is that the appellant firm's administrative office cannot be termed to be a 'shop' within the meaning .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-18-1998
Reported in : 1998(3)ALD97; 1999(106)ELT23(AP)
..... filing the bill of entry and assessment of duty under section 28. we have to make this clear because the taxing authorities tend to raise such doubts though the amendment was specifically made to have a clear cut off time to determine when the import ends. therefore, let it be declared that if the transfer of title deeds ..... crossed the customs frontiers of india then a sale or purchase of goods is deemed to have taken place in the course of import of the goods into the indian territory. crossing the customsfrontiers is defined under section 2(ab) according to which crossing the limits of the area of customs station where goods are ordinarily kept before ..... of title to goods were actually transferred. we doubt whether such matters can be satisfactorily determined by any court or tribunal. though difficulties in the way of working an act should not affect the plain meaning of the statutory language, they have a bearing when there is at least a doubt regarding its true meaning. in our opinion, .....
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