Court : Andhra Pradesh
Reported in : 2008(4)ALD422; 2008(3)ALT774; (2009)ILLJ439AP
..... in the prescribed manner of the nature of the change proposed to be effected, or within forty two days of giving such notice. (a.p. amendment act 32 of 1987). under proviso (a) thereunder, no notice shall be required for effecting any such change where the change is effected in pursuance of ..... continuing to govern the relation between the parties in the future, subject of course to subsequent alteration through a fresh settlement, award or valid legislation. (life insurance corporation of india v. d.j.bahadur : (1981)illj1sc ).25. settlements between employers and workmen, if not duly terminated, will operate as inviolable conditions ..... limited v. british india corporation limited 1965 ii llj 433, senior regional manager, hindustan petroleum corporation limited v. presiding officer, industrial tribunal-i, hyderabad : 2002(2)ald462 and management of divisional engineer, telecommunications v. venkataiah 2006(5) alt 606.7. on merits, learned counsel would submit that the corporation had earned .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(4)ALD484; 2008(3)ALT678
..... of provisional/permanent registration. following the decision in medical council of india (2002) 3 scc 696 : 2002 (2) alt 12.1 (dn sc). sanjeev gupta (2005) 1 scc 45 bench dismissed the writ petition observing as follows.under amendment act 34 of 2001 the cut-off date was to be specified by the ..... acquired the medical qualification from foreign medical institution or has obtained admission in foreign medical institution before the commencement of the indian medical council (amendment) act, 2001 shall not be required to obtain eligibility certificate under this sub-section but, if he is qualified for admission to any medical course ..... promoters & builders association of pune v. pune municipal corporation : (2007)6scc143 and ramesh mehta v. sanwal chand singhvi : air2004sc2258 ).19. in a recent judgment in national insurance company v. laxmi narain dhut : air2007sc1414 , after referring to joint registrar of co-operative societies v. t.a. kuttappan : air2000sc2378 , reserve bank of india v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(4)ALD34; 2006(3)ALT528
..... share capital from the government, a co-operative society registered under section 7 of the andhra pradesh co-operative societies act, 1964, if it amends its bye-laws where necessary to be in accordance with this act, and returns to the government its share capital, if any, and either enters into a memorandum of understanding ..... b) of sub-section (1) of section 5 of the banking regulation act, 1949.17. section 115-a under chapterxiii-a of the a.p. co-operative societies act contains various definitions including eligible cooperative bank as defined under the deposit insurance corporation act, 1961. section 115-b underchapterxiii-a of the a.p. co-operative ..... societies act which is made applicable to the a.p. macs act is a special provision applicable to the eligible co .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008ACJ1870; 2007(4)ALT607
..... durgarao (3 supra), rayapati venkateswar rao v. mantai sambasiva rao : (2002)ivllj339ap and national insurance co. limited v. rajesh heimandge (2 supra) does not lay down correct law.9. we have given serious thought to the arguments of shri naresh byrapaneni. the act is a piece of legislation enacted for payment of compensation by the employers to ..... hundred per cent or more.10. section 4, as it stood before its substitution by the workmen's compensation (amendment) act, 1984, reads as under:4. amount of compensation:(1) subject to the provisions of this act, the amount of compensation shall be as follows, namely:(a) where death results from the injury and the deceased ..... the disablement arising on account of the injury sustained, is not duly qualified to assess the loss of earning capacity, an explanation ii was added by amendment making it clear that in assessing the loss of earning capacity for the purpose of sub-clause (2), the qualified medical practitioner shall have due regard .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(3)ALD855; [2004]122CompCas625(AP); [2003]47SCL727(AP)
..... (hereinafter referred to as 'the act') seeking sanction of the scheme of arrangement/ compromise with the creditors of the respondent company in liquidation; whereas ca no. 665 of 2001 is filed opposing the sanction of the scheme, and ca no. 539 of 2002 is filed seeking sanction of a modified scheme of arrangement/compromise. as ..... amounts due, have also accepted the terms for their payment, as determined after discussion in court and thus they also accepted the scheme. the employees' state insurance corporation also accepted as the sponsor was agreeable to pay the amount in full immediately. on an objection raised that the sponsor has not satisfied the court ..... and the creditors and members; once the court approves it, it becomes a statutorily enforceable contract even on dissidents, with power in the court to modify, amend or correct or revise the contract the outer periphery or its limit on the power being that, after testing it on the anvil of probabilities, surrounding circumstances, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(1995)ACC558; 1996ACJ794
..... raddipalli chinnarao v. reddi lorurdu 1980 acj 470 (ap), wherein it was held . that in view of the provisions of section 96(2) of the motor vehicles act it is not open to the insurance company to question the quantum of compensation. section 110-c(2-a) reads as follows:where in the course of any inquiry, the claims tribunal is satisfied ..... fault liability, the legal heirs of the deceased would have been entitled to an amount of rs. 15,000/- in case the accident took place prior to amendment and rs. 25,000/- subsequent to amendment. having regard to number of decided cases in respect of the death of the boys of that age group, i find that a sum of rs. 50 ..... of rs. 1,00,000/-. the respondent no. 1 was the driver, respondent no. 2 was the owner of the tractor-trailer and the respondent no. 3 is the insurance company who is the appellant herein.3. the tribunal, after enquiry, found the driver of the vehicle guilty of rash and negligent driving and consequently awarded compensation of rs. 80 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2005)ACC166; 2006ACJ385; 2004(5)ALD84; 2004(5)ALT115
..... , lest, so specified.7. the sole applicant filed the said w.c. no. 84 of 2002, before the said commissioner, against the owner and the insurance company, under section 22 of the said workmen's compensation act, 1923 (w.c. act, 1923), for recovery of total compensation of rs. 2,00,000/-, with interest thereon, in respect of the injuries, and disabilities, ..... .21. the same reasonings and the same findings, as are set forth in the immediately preceding paragraph, will, mutatis mutandis, apply to the said explanation ii, wherein, by amendment act 46 of 2000, which came into force, on 8-8-2000, the said sum of rs. 2,000/- was substituted by a sum of rs. 4,000/-.22. ..... commissioner, erroneously, failed to award any interest, or, at that rate, etc. hence, this court has to award the same.33. by amendment act 14 of 1995, section 4a(3)(a) of the said w.c. act, 1923, was amended in the year 1995, inter alia, fixing, statutorily, the minimum rate of interest, which is irreducible, at 12%, per annum.34. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(2)ALT446
..... down by a condition that certain amount has to be deposited along with the appeal. in this case the question of right of appeal arose earlier to amendment or repealing of the act and the question is whether the appellants must have deposited the amount for filing the appeal as ordered or not. answering the said questions, the supreme ..... to 10,000/- is highly excessive. it is further contended by him that the injured and some others were travelling in the goods vehicle as passengers and therefore the insurance company is not liable to pay the compensation as the vehicle is meant for transport of goods only. the claims tribunal after considering the evidence on record gave a ..... arise for consideration in that case. in laxminarain v. balbir kaur the question of applicability of proviso to section 173 of the new act was considered and it was held that the liability of the insurance company has to be decided with reference to the law in force on the date of the accident. thus, it is manifest from .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009ACJ1541; 2008(1)ALD288; 2008(1)ALT31
..... relies on the judgments of two learned single judges of this court in k. maniyya v. k. sambasivarao : 1999(6)ald703 and united india insurance co. ltd. v. k. chandrasekharachari : 2006(4)ald474 , wherein it was held that the tribunal has no jurisdiction to enquire into the aspect of damages and that ..... no jurisdiction to award compensation towards 'loss of earnings' of the vehicle, in addition to repairs to it.11. sri k. venkata rao, learned counsel for the insured, while contending that the tribunal has no jurisdiction to award any compensation towards damages and loss of earnings to the corporation because of the damage caused to the bus, ..... claim damages for the vehicle involved in the accident. the civil court has no jurisdiction to award compensation after the amended provisions of section 165 and 166 of the act which have come into force after motor vehicles act of 1988 as there is express bar of entertaining by civil court and the civil court cannot entertain a claim .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996ACJ1213
..... down by a condition that certain amount has to be deposited along with the appeal. in this case the question of right of appeal arose earlier to amendment or repealing of the act and the question is whether the appellants must have deposited the amount for filing the appeal as ordered or not. answering the said questions, the supreme court ..... 10,000/- is highly excessive. it is further contended by him that the injured and some others were travelling in the goods vehicle as passengers and, therefore, the insurance company is not liable to pay the compensation as the vehicle is meant for transport of goods only. the claims tribunal after considering the evidence on record gave a finding ..... . in laxminarain v. balbir kaur 1992 acj 705 (p&h;), the question of applicability of proviso to section 173 of the new act was considered and it was held that the liability of the insurance company has to be decided with reference to the law in force on the date of the accident.thus, it is manifest from the .....
Tag this Judgment!