Court : Andhra Pradesh
..... act provides for appeals. thus, the relevant provisions of the said chapter are extracted hereunder: 168. award of the claims tribunal (1) on receipt of an application for compensation made under section 166, the claims tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry ..... held that it cannot be decided in the absence of owners. for coming to the said conclusion, the division bench approved the decision of another learned single judge in the branch manager, the new india assurance company limited v. harijina babukka (1992 (2) alt 155). accordingly, it answered question nos.1 to ..... stage insofar as the statutory liability is concerned even in the absence of the owner. in harijina babukka's case (supra), a learned single judge of this court was considering the appeal preferred by the insurance company. in the said decision it was held that when the owner himself remained .....
Tag this Judgment!Court : Andhra Pradesh
..... or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the state; or (e) any other officer with experience as a judge of a civil court or a judicial magistrate, as the authority to hear and decide for any specified area all claims arising out of deductions from the wages, or ..... writ petition are as follows: first respondent herein moved the assistant commissioner of labour (for short lower authority ?), ananthapur, invoking the provisions of payment of wages act, 1936 (for short the act ?), complaining that petitioner herein has not paid the settled resignation amount, which is rs.35,977/- as per rules. the lower authority conducted enquiry and as ..... the employer or other person responsible for the payment of wages under section 3, or give them an opportunity of being heard, and, after such further inquiry, if any, as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this .....
Tag this Judgment!Court : Andhra Pradesh
..... the present appeal impugning the order dated 07.09.2009 in o.p. no.303 of 2006 on the file of the chairman, motor accident claims tribunal-cum-principal district judge, east godavari district at rajahmundry. 2) for the sake of convenience the parties are arrayed herein as they are arrayed in the tribunal. the 3rd respondent is the insurer of ..... in mind can be decided though it is a different matter as in national insurance company limited vs. swaran singh and others ((2004) 3 scc 297=2004-acj-1) three judge bench of the apex court categorically stated it is not only the third party claim against the driver, owner and insurer but also the liability inter se also has to ..... be decided by the tribunal equally of the vehicles involved more particularly from the wording of section 168 of the m.v.act. 5) in the result the compensation awarded by the tribunal is to be apportioned with equal liability by respondent nos.1 to 3 on one hand and respondent nos.4 .....
Tag this Judgment!Court : Andhra Pradesh
..... to his duties. in regional director, esi corporation v/s. francis de costa (1996) 6 scc 1), a three judge bench of the supreme court dealt with a case arising under the employeesstate insurance act, 1948. the employee therein was cycling to his place of work and met with an accident one kilometre away from the factory ..... cannot be said to be one arising out of and in the context of his employment for the purpose of granting him compensation under the workmen's compensation act, 1923, but treated otherwise for providing compassionate appointment to his dependant. the rejection of the petitioner's request under the impugned proceedings is therefore unsustainable on ..... same to only one of the dependents of the deceased employee and should ordinarily be made to lowest category post. further, an employer cannot be directed to act contrary to the terms of the policy governing compassionate appointment nor can such appointment be directed dehors the policy. as point out by the supreme court in .....
Tag this Judgment!Court : Andhra Pradesh
..... stage of such proceedings, trial or enquiry. in section 311 the significant expression that occurs is "at any stage of inquiry or trial or other proceeding under this code". it is, however, to be borne in mind that whereas the ..... the accused have been examined under section 313 of the code. the prosecution did not at any stage move the trial judge for recalling pw.34 for further examination. in these circumstances, the liberty reserved to the prosecution to recall pw.34 for ..... right of cross-examination to the complainant. these aspects were highlighted in jamatraj kewalji govani v. state of maharashtra (air 1968 sc 178). 30. right from the inception of the judicial system it has been accepted that discovery, vindication and establishment ..... chief metropolitan magistrate, hyderabad. these two cases are filed alleging offence punishable under section 138 of the negotiable instruments act, and trial in both the calendar cases have been concluded and at the stage of arguments, these two petitions .....
Tag this Judgment!Court : Andhra Pradesh
..... law and order leading to disorder would not be sufficient invoke the extraordinary power under such a detention law, unless the act in question was such as endangered or was likely to endanger public order. (emphasis is mine) a seven judge constitution bench of the supreme court in madhu limaye v. sub-divisional magistrate again dealt with the question and it was ..... observed: in our judgment the expression in the interest of public orderin the constitution is capable of taking within itself not only those acts which disturb the security of the state or .....
Tag this Judgment!Court : Andhra Pradesh
..... treat the claimant as a third party, the learned relied upon the decision of high court of karnataka in national insurance company limited v. rasheeda wherein the learned judge of karnataka high court interpreted the word any personemployed in section 147 to include a traveler in a private vehicle also apart from third party. a) on the ..... the appeal and exempt the insurance company from its liability. to buttress his argument that the act policy will not cover the risk of passengers in a private vehicle, he relied upon the division bench judgment of this high court reported in branch manager, united ..... passengers including the deceased at the time of accident and thus the deceased and others travelled in the vehicle as passengers and since the policy was only an act policy and no additional premium was paid to extend coverage to the passengers, the insurance company is not liable to pay compensation. he thus prayed to allow .....
Tag this Judgment!Court : Andhra Pradesh
..... an accident arising out of and in the course of his employment with the second respondent was perfectly justified and the conclusion to the contrary reached by the learned judge of the high court in the order impugned in this appeal deserves to be set aside. 18. let me consider the facts of the case on hand ..... round the shaft and injured. it was held that there was no evidence to support a finding by the county court judge, that the accident arose out of the workman's employment, within the workmen's compensation act. the following observations at page 68 are illustrative; "was the risk one reasonably incidental to the employment? and the question ..... and law. 10. it is a settled principle of law that the learned commissioner lacks inherent jurisdiction to entertain the application under the provisions of the w.c. act in the absence of employer-employee relationship between the opposite party no.1 and the deceased. to put it in a different way, establishment of employer and employee .....
Tag this Judgment!Court : Andhra Pradesh
..... that it provides three stages for hearing, after a review application is filed the first stage comes when the application for grant of review is placed before the judge or judges under rule 4, sub-rule (1). at that stage, if it appears to the court that there is not sufficient ground for a review, it should ..... dimensions". the original or pure theory of jurisdiction means, "the authority to decide", and it is determinable at the commencement, and not at the conclusion of the inquiry. the said approach has been given a go bye in anisminic case, as we shall see from the discussion hereinafter [see de smith, woolf and jowel] - ..... makes the decision rendered ultra-vires or a nullity or one without jurisdiction? if the decision is without jurisdiction, notwithstanding the provisions for obtaining reliefs contained in the act and the "ouster clauses", the jurisdiction of the ordinary court is not excluded. so, the matter assumes significance. since the landmark decision in anisminic ltd. vs. .....
Tag this Judgment!Court : Andhra Pradesh
..... . sean quinn were in the process of settling their disputes by mediation; the latest information, published on 01.07.2015, shows that a retired judge mr. justice joseph finnegan had agreed to act as a mediator in the long running dispute between the quinn family and ibrc; a copy of the publication was being annexed; the litigation in ..... any offence was committed or who committed the same; the scope is confined to see whether the court could then decide, on the materials available, that the matter requires inquiry by a criminal court; and it is expedient in the interest of justice to have it inquired into. (pritish (supra); m.s. sheriff v. state of madras ..... party against whom proceedings are to be taken before the magistrate. at that stage the court only considers whether it is expedient, in the interest of justice, that an inquiry should be made into any offence affecting administration of justice. (pritish (supra). an enquiry, when made under section 340(1) crpc, is really in the nature of .....
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