Array ( [0] => ..... raised before the division bench was: whether daily batta charges is part of wages for the purpose of computing the compensation under the workmen s compensation act, 1923? answering the same, one of the judges of the division bench, justice r.v. raveendran (as he was then), observed thus: para 11: this definition is one falling under the category ..... of this court, the orders passed by the commissioner are liable to be set aside and are accordingly set aside. a) in the above case, it appears, learned judge was of the view that the batta was paid to cover the special expenses incurred by the driver and accordingly excluded the same from wages. 14. learned counsel for ..... what purpose, the batta was paid to the workman in that case and there was no discussion on that aspect. on the facts of that case, perhaps the learned judge took the view that the sum paid towards batta related to special expenses incurred by the workman. so distinguishing the judgment in mohd. mujataba khan s case (6 supra ..... [1] => ..... notice that after hansrajbhai and before sinitha, where correctness of the law laid down in hansrajbhai under section 163a came for consideration on reference made, was answered by the three judge bench expression in deepal girishbhai soni and others vs. united india insurance co.ltd., baroda [(2004) 5 scc 385 : air 2004 sc 2107]in the affirmative. while so ..... laid down in kheenyei supra herein thereby cannot be extended but for to decide under section 168 of the act which in a claim under section 166 of the act enables to determine extent of liability as laid down by the three judge bench of the apex court in nic vs. swaran singh (2004) 3 scc 297= 2004 acj 1) ..... filed o.p.no.174 of 2007 filed u/sec.166 of the motor vehicle act,1988 (for short, the act ) initially and later amended to section 166 of the act, on the file of the learned chairman, motor vehicles accidents claims tribunal-cum-iii addl.district judge at tirupati (for short, tribunal ),against the owner and insurer of the tractor ..... [2] => ..... `personal liberty'. however, in this case we must use a broader standard of reasonableness to evaluate the validity of the techniques in question. this wider inquiry calls for deciding whether they are compatible with the various judicially-recognised dimensions of `personal liberty' such as the right to privacy, the right against cruel ..... in court or out of court by a person accused of an offence, orally or in writing. .. 26. in selvi s case, a three judge bench of this court was considering whether involuntary administration of certain scientific techniques like narco-analysis, polygraph examination and the brain electrical activation profile (beap) tests ..... any information or material that is subsequently discovered with the help of voluntary administered test results can be admitted, in accordance with section 27 of the evidence act, 1872. the national human rights commission had published `guidelines for the administration of polygraph test (lie detector test) on an accused' in 2000. ..... [3] => ..... rs.2,00,000/- on the file of the learned chairman, motor accidents claims tribunal-cum ii addl. metropolitan sessions judge, hyderabad (for short, the tribunal ) under section 163-a of the motor vehicle act,1988 (for short, the act ), impugning the respective awards-dated 02.11.2009 in o.p.no.669 of 2007, since granted compensation of rs ..... notice that after hansrajbhai and before sinitha, where correctness of the law laid down in hansrajbhai under section 163a came for consideration on reference made, was answered by the three judge bench expression in deepal girishbhai soni and others vs. united india insurance co.ltd., baroda [(2004) 5 scc 385 : air 2004 sc 2107]in the affirmative. while ..... amendment was, thus, a deviation from the common law liability under the law of torts and was also in derogation of the provisions of the fatal accidents act. the act and the rules framed by the state in no uncertain terms suggest that a new device was sought to be evolved so as to grant a quick and ..... [4] => ..... 3 of the banjara hills from sri raja ram dev rao and sri pingle venkat ram reddy under registered sale deed 01.05.1954 after obtaining permission from i judge, city civil court, hyderabad in mc.no.237/2/1953-54 for residence of the prince. prince mouzzam jah bahadur on 14.09.1987 leaving behind his ..... petitioner/plaintiff are that once the gpa is mentioned as irrevocable from the contents the cancellation is unsustainable and said unilateral cancellation has no sanctity, even plaintiff never acted detriment to the interest of the defendant pursuant to the gpa even to cancel. it is the plaintiff that contested as gpa holder in the suits maintained ..... document supra discloses no reasons for cancellation and the cancellation is unilateral and illegal and unsustainable for the same is protected by section 202 of the indian contract act which no way enables the defendant to cancel the gpa and plaintiff issued notice dated 20.05.2011 questioning the defendant of the cancellation and seeking to ..... [5] => ..... sc/st are alleged to be committed, empowered to deal with the cases under section 190 of the code will also have the jurisdiction to deal with cases during the inquiry i.e., pre-trial stages including exercise of power under section 156 (3) of the code and thereafter he shall transmit all such cases to the special court situated within ..... section 209 of cr.p.c. and the case is numbered as s.s.c.no.54 of 2012 on the file of special sessions judge for sc/st (poa) act cases cum vii additional district and sessions judge, warangal. the stage of the case is that the schedule for the trail has been fixed. 3. in the meanwhile, the scheduled castes and ..... of the opinion that keeping in view the objects and purposes of the sc/st act to provide speedy justice to the victims of social prejudices at a cheaper cost and at a nearer and convenient place at the pre-trial stages i.e., at the inquiry stages such cases can be dealt with by both the special court as well as ..... [6] => ..... the petitioner did not make out any grounds for seeking termination of the mandate of the arbitrator; while exercising jurisdiction under section 9 or 14 of the act, the district judge lacks authority to terminate the mandate of the arbitral tribunal, especially when the arbitrator is appointed with the consent of the parties; this fact has been ..... mascon multiservices and consultants pvt. ltd v. bharat oman refineries ltd (2008 (6) bomcr 611 = 2008 (110) bomlr 2784), the bombay high court held that an inquiry on facts, to find out whether the parties had waived the condition of termination of arbitration by efflux of time, is permissible; the strength of indication of waiver is ..... 1974) 3 scc 459); kumaon mandal vikas nigam ltd. v. girja shankar pant (2001) 1 scc 182); metropolitan properties co. (f.g.c.) ltd. v. lannon (1968) 3 wlr 694 (wlr at p. 707). the test for bias is whether a reasonable intelligent man, fully appraised of all the circumstances, would feel a serious apprehension of ..... [7] => ..... by a committee consisting of one board member and some outsiders. it was ratified by the wakf board. this was questioned before the high court. a learned single judge dismissed it on the ground that the order of the administrative committee of the wakf board was ratified by the board, and therefore, the appellant was not entitled to ..... that is open for examination by the high court in an application for a writ of certiorari. if the high court comes to the conclusion, as the learned single judge has done in this case, that the income tax officer had clutched at the jurisdiction by deciding a jurisdictional fact erroneously, then the assessee was entitled for the ..... described as preliminary to, or collateral to the merits of, the issue. if, at the inception of an inquiry by an inferior tribunal, a challenge is made to its jurisdiction, the tribunal has to make up its mind whether to act or not and can give a ruling on the preliminary or collateral issue; but that ruling is not conclusive. ..... [8] => ..... his children (1) shailu and (2) swaran kumar and the 3rd child pointed in ex.a-19 photographs is not his son. under section 165 of indian evidence act, the judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, ..... doubt that the petition filed was an election petition challenging the election of the successful candidate as having incurred disqualification under section 19(3) of the act and the district judge is not having any jurisdiction to decide the said dispute in view of the averments in the petition and in the absence of following the procedure ..... holding that the district collector has no jurisdiction to decide the question and it has to be decided by the district court under section 22 of the act. 19. another learned single judge of this court in koripathi sriranga gopala rao v. district collector, west godavari district, eluru (2006(4) ald 822), considered the issue of disqualification ..... [9] => ..... in question, he was a person accused of an offence. pointing out to the similar provisions of the sea customs act as in the present act and referring to the power of a customs officer, in an inquiry in connection with the smuggling of goods, to summon any person whose attendance he considers necessary to give evidence or ..... reached after consideration of several relevant decisions and deep deliberation on the issue, and cannot be ignored on the strength of certain observations in the judgment by three learned judges in nandini satpathy case which is, as will be pointed out hereinafter, clearly distinguishable. ? 22. another decision of the supreme court in ramanlal bhogilal shah v. ..... is untrue its utility for the officer gets lost. 13. as early as in 1968 this court had considered the scope of the statement made under section 171-a of the sea customs act in haroon haji abdulla vs. state of maharashtra [air 1968 sc 832 = 1968 (2) scr 641]. hidayatullah, j. (as he then was) made the following ..... [10] => ..... legislations giving special protection and benefits to vulnerable groups in the society. prof.madhava menon describes it eloquently: it is, therefore, respectfully submitted that social context judging is essentially the application of equality jurisprudence as evolved by parliament and the supreme court in myriad situations presented before courts where unequal parties are pitted in ..... cr.p.c. proceedings to claim maintenance even after divorce by wife but for specifically if at all under section 18 of the hindu adoptions and maintenance act, for divorced wife is not wife there under; on that ground he cannot avoid maintenance that too when the law is very clear in purposive interpretation ..... notice of the application to such person. explanation.- for the purposes of this chapter,- (a) minor means a person who, under the provisions of the indian majority act, 1875 (9 of 1875 ); is deemed not to have attained his majority; (b) wife includes a woman who has been divorced by, or has obtained a ..... [11] => ..... decision making justifying the principle that reason is the soul of justice. i. judicial or even quasi-judicial opinions these days can be as different as the judges and authorities who deliver them. all these decisions serve one common purpose which is to demonstrate by reason that the relevant factors have been objectively considered. this ..... in ram chander vs. union of india, air 1986 sc 1173, this court was dealing with the appellate provisions under the railway servants (discipline and appeal) rules, 1968 condemned the mechanical way of dismissal of appeal in the context of requirement of rule 22(2) of the aforesaid rule. this court held that the word "consider" occurring ..... to give reasons for its order. this court made it very clear that the faith of the people in administrative tribunals can be sustained only if the tribunals act fairly and dispose of the matters before them by well considered orders. in saying so, this court relied on its previous decisions in capoor (supra) and ..... [12] => ..... prafulla kumar samal (1979) 3 scc 4), wherein on the scope of section 227 cr.p.c. and the powers of the special judge, it was observed that he shall not act as a trial judge, but should weigh evidence (material) and form an opinion only on the limited question of whether prima-facie case is made out. except ..... do official favour, thereby punishable for the offences shown in the charge sheet and the discharge petition deserves dismissal. 8. it is from this, the learned special judge dismissed the discharge petition by order dated 03.11.2015 with observations, after discussing the legal position elaborately and from the rival contentions with reference to the provisions ..... pardon was not in the discretion of the police authorities. 12. coming to the other decision placed reliance is of the madras high court in sirajuddin in air 1968 madras 117, which is none other than the expression covered in appeal before the apex court in sirajuddin s case (supra) that no way requires further repetition, ..... [13] => ..... submitted that appellant no.1/a1 meenuga yadaiah died pending appeal. though the said intimation is not received from central prison, cherlapally where a1 was lodged, the district judge, mahabubnagar vide his letter dis.no.420 dated 30.01.2017, submitted that as per the information received from the superintendent of jail, central prison, cherlapally, the ..... nature to cause death. for all these reasons, in our considered opinion, the act committed by the accused is a culpable homicide not amounting to murder and hence they are liable to be punished under section 304 part ii ipc. this point ..... there was an intention on the part of accused to cause bodily injury to the deceased but it cannot be inferred that they had requisite knowledge that their act would cause the death of the deceased. pw4 post-mortem doctor did not specifically state that injuries found by him were sufficient in the ordinary course of ..... [14] => ..... remarkable that as far back as 1880, long before the doctrine of promissory estoppel was formulated by denning, j., in england, a division bench of two english judges in the calcutta high court applied the doctrine of promissory estoppel and recognised a cause of action founded upon it in the ganges manufacturing co. v. surajmuli and ..... counsel for the petitioner places reliance on the judgments of hon ble apex court in union of india (uoi) and ors. v. indo-afghan agencies ltd (air 1968 sc 718), patel narshi thakershi and ors. v. shri pradyumansinghji arjunsinghji (air 1970 sc 1273), dharampal premchand limited v. union of india (2016 scc on ..... 03.2005 the mineral development corporation proposed for private participation, as such, the corporation cannot claim any exemption under section 2 (iii) of the forest conservation act, 1980. it is further submitted that the contention that the proposal was not forwarded through the mines and geological development was neither pleaded in the counter ..... [15] => ..... respondents/plaintiffs which had very wide repercussions on the election, which were to be held in the year 2003, should not have been granted by the learned judge. the impugned order is liable to be set aside on another ground that though suits not filed in a representative capacity, injunction granted by court restraining appellants ..... expressions of the apex court laying down as law of the land. though it is the general principle as laid down under the representation of the peoples act and in extending to other cases of election that election process once started, courts cannot ordinarily grant injunction interdicting the election process, the apex court s ..... by the two petitioners by name k.mallikarjuna rao and s.devender against as many as 53 respondents under section 23 of andhra pradesh societies registration act, 2001 (for short the act ), for the reliefs of declaration and perpetual injunction viz., a) declaring the electorate, nominated by respondent nos.1 and 2, during the period ..... ) Judges Inquiry Act 1968 Section 5 Powers of Committee - Sortby Recent - Court Andhra Pradesh - Judgments | SooperKanoon Skip to content


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Feb 07 2017 (HC)

The New India Assurance Company Ltd. Rep. by its Divisional Manager Vs ...

Court : Andhra Pradesh

..... raised before the division bench was: whether daily batta charges is part of wages for the purpose of computing the compensation under the workmen s compensation act, 1923? answering the same, one of the judges of the division bench, justice r.v. raveendran (as he was then), observed thus: para 11: this definition is one falling under the category ..... of this court, the orders passed by the commissioner are liable to be set aside and are accordingly set aside. a) in the above case, it appears, learned judge was of the view that the batta was paid to cover the special expenses incurred by the driver and accordingly excluded the same from wages. 14. learned counsel for ..... what purpose, the batta was paid to the workman in that case and there was no discussion on that aspect. on the facts of that case, perhaps the learned judge took the view that the sum paid towards batta related to special expenses incurred by the workman. so distinguishing the judgment in mohd. mujataba khan s case (6 supra .....

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Jan 27 2017 (HC)

K. Lokaiah and Others Vs. R. Mani Raju and Another

Court : Andhra Pradesh

..... notice that after hansrajbhai and before sinitha, where correctness of the law laid down in hansrajbhai under section 163a came for consideration on reference made, was answered by the three judge bench expression in deepal girishbhai soni and others vs. united india insurance co.ltd., baroda [(2004) 5 scc 385 : air 2004 sc 2107]in the affirmative. while so ..... laid down in kheenyei supra herein thereby cannot be extended but for to decide under section 168 of the act which in a claim under section 166 of the act enables to determine extent of liability as laid down by the three judge bench of the apex court in nic vs. swaran singh (2004) 3 scc 297= 2004 acj 1) ..... filed o.p.no.174 of 2007 filed u/sec.166 of the motor vehicle act,1988 (for short, the act ) initially and later amended to section 166 of the act, on the file of the learned chairman, motor vehicles accidents claims tribunal-cum-iii addl.district judge at tirupati (for short, tribunal ),against the owner and insurer of the tractor .....

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Jan 20 2017 (HC)

Naveen Krishna Bothireddy Vs. State of Telangana and Another

Court : Andhra Pradesh

..... `personal liberty'. however, in this case we must use a broader standard of reasonableness to evaluate the validity of the techniques in question. this wider inquiry calls for deciding whether they are compatible with the various judicially-recognised dimensions of `personal liberty' such as the right to privacy, the right against cruel ..... in court or out of court by a person accused of an offence, orally or in writing. .. 26. in selvi s case, a three judge bench of this court was considering whether involuntary administration of certain scientific techniques like narco-analysis, polygraph examination and the brain electrical activation profile (beap) tests ..... any information or material that is subsequently discovered with the help of voluntary administered test results can be admitted, in accordance with section 27 of the evidence act, 1872. the national human rights commission had published `guidelines for the administration of polygraph test (lie detector test) on an accused' in 2000. .....

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Jan 19 2017 (HC)

United India Insurance Company Limited Vs. N. Jagannath and Others

Court : Andhra Pradesh

..... rs.2,00,000/- on the file of the learned chairman, motor accidents claims tribunal-cum ii addl. metropolitan sessions judge, hyderabad (for short, the tribunal ) under section 163-a of the motor vehicle act,1988 (for short, the act ), impugning the respective awards-dated 02.11.2009 in o.p.no.669 of 2007, since granted compensation of rs ..... notice that after hansrajbhai and before sinitha, where correctness of the law laid down in hansrajbhai under section 163a came for consideration on reference made, was answered by the three judge bench expression in deepal girishbhai soni and others vs. united india insurance co.ltd., baroda [(2004) 5 scc 385 : air 2004 sc 2107]in the affirmative. while ..... amendment was, thus, a deviation from the common law liability under the law of torts and was also in derogation of the provisions of the fatal accidents act. the act and the rules framed by the state in no uncertain terms suggest that a new device was sought to be evolved so as to grant a quick and .....

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Jan 19 2017 (HC)

Siddareddy Venkatanagaraja Reddy Vs. Mir Shahamat Ali Khan

Court : Andhra Pradesh

..... 3 of the banjara hills from sri raja ram dev rao and sri pingle venkat ram reddy under registered sale deed 01.05.1954 after obtaining permission from i judge, city civil court, hyderabad in mc.no.237/2/1953-54 for residence of the prince. prince mouzzam jah bahadur on 14.09.1987 leaving behind his ..... petitioner/plaintiff are that once the gpa is mentioned as irrevocable from the contents the cancellation is unsustainable and said unilateral cancellation has no sanctity, even plaintiff never acted detriment to the interest of the defendant pursuant to the gpa even to cancel. it is the plaintiff that contested as gpa holder in the suits maintained ..... document supra discloses no reasons for cancellation and the cancellation is unilateral and illegal and unsustainable for the same is protected by section 202 of the indian contract act which no way enables the defendant to cancel the gpa and plaintiff issued notice dated 20.05.2011 questioning the defendant of the cancellation and seeking to .....

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Dec 21 2016 (HC)

Boda Rakesh Naik Vs. The State Of Telangana, Represented by its Public ...

Court : Andhra Pradesh

..... sc/st are alleged to be committed, empowered to deal with the cases under section 190 of the code will also have the jurisdiction to deal with cases during the inquiry i.e., pre-trial stages including exercise of power under section 156 (3) of the code and thereafter he shall transmit all such cases to the special court situated within ..... section 209 of cr.p.c. and the case is numbered as s.s.c.no.54 of 2012 on the file of special sessions judge for sc/st (poa) act cases cum vii additional district and sessions judge, warangal. the stage of the case is that the schedule for the trail has been fixed. 3. in the meanwhile, the scheduled castes and ..... of the opinion that keeping in view the objects and purposes of the sc/st act to provide speedy justice to the victims of social prejudices at a cheaper cost and at a nearer and convenient place at the pre-trial stages i.e., at the inquiry stages such cases can be dealt with by both the special court as well as .....

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Mar 16 2016 (HC)

Gurcharan Singh Sahney and Others Vs. Harpreet Singh Chabbra and Other ...

Court : Andhra Pradesh

..... the petitioner did not make out any grounds for seeking termination of the mandate of the arbitrator; while exercising jurisdiction under section 9 or 14 of the act, the district judge lacks authority to terminate the mandate of the arbitral tribunal, especially when the arbitrator is appointed with the consent of the parties; this fact has been ..... mascon multiservices and consultants pvt. ltd v. bharat oman refineries ltd (2008 (6) bomcr 611 = 2008 (110) bomlr 2784), the bombay high court held that an inquiry on facts, to find out whether the parties had waived the condition of termination of arbitration by efflux of time, is permissible; the strength of indication of waiver is ..... 1974) 3 scc 459); kumaon mandal vikas nigam ltd. v. girja shankar pant (2001) 1 scc 182); metropolitan properties co. (f.g.c.) ltd. v. lannon (1968) 3 wlr 694 (wlr at p. 707). the test for bias is whether a reasonable intelligent man, fully appraised of all the circumstances, would feel a serious apprehension of .....

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Mar 04 2016 (HC)

Addagiri Gopal and Another Vs. The State of Andhra Pradesh, Represente ...

Court : Andhra Pradesh

..... by a committee consisting of one board member and some outsiders. it was ratified by the wakf board. this was questioned before the high court. a learned single judge dismissed it on the ground that the order of the administrative committee of the wakf board was ratified by the board, and therefore, the appellant was not entitled to ..... that is open for examination by the high court in an application for a writ of certiorari. if the high court comes to the conclusion, as the learned single judge has done in this case, that the income tax officer had clutched at the jurisdiction by deciding a jurisdictional fact erroneously, then the assessee was entitled for the ..... described as preliminary to, or collateral to the merits of, the issue. if, at the inception of an inquiry by an inferior tribunal, a challenge is made to its jurisdiction, the tribunal has to make up its mind whether to act or not and can give a ruling on the preliminary or collateral issue; but that ruling is not conclusive. .....

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Mar 01 2016 (HC)

Chennavelli Narsimulu Vs. Molgari Narayan Goud and Others

Court : Andhra Pradesh

..... his children (1) shailu and (2) swaran kumar and the 3rd child pointed in ex.a-19 photographs is not his son. under section 165 of indian evidence act, the judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, ..... doubt that the petition filed was an election petition challenging the election of the successful candidate as having incurred disqualification under section 19(3) of the act and the district judge is not having any jurisdiction to decide the said dispute in view of the averments in the petition and in the absence of following the procedure ..... holding that the district collector has no jurisdiction to decide the question and it has to be decided by the district court under section 22 of the act. 19. another learned single judge of this court in koripathi sriranga gopala rao v. district collector, west godavari district, eluru (2006(4) ald 822), considered the issue of disqualification .....

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Feb 29 2016 (HC)

Dalmia Cement (Bharat) Limited and Another Vs. The State of Andhra Pra ...

Court : Andhra Pradesh

..... in question, he was a person accused of an offence. pointing out to the similar provisions of the sea customs act as in the present act and referring to the power of a customs officer, in an inquiry in connection with the smuggling of goods, to summon any person whose attendance he considers necessary to give evidence or ..... reached after consideration of several relevant decisions and deep deliberation on the issue, and cannot be ignored on the strength of certain observations in the judgment by three learned judges in nandini satpathy case which is, as will be pointed out hereinafter, clearly distinguishable. ? 22. another decision of the supreme court in ramanlal bhogilal shah v. ..... is untrue its utility for the officer gets lost. 13. as early as in 1968 this court had considered the scope of the statement made under section 171-a of the sea customs act in haroon haji abdulla vs. state of maharashtra [air 1968 sc 832 = 1968 (2) scr 641]. hidayatullah, j. (as he then was) made the following .....

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