Court : Andhra Pradesh
..... . except that non-obstante clause does not preclude the insurer from taking the pleas available under section 149(2) of the said act. to demonstrate such right of insurance company is not barred, learned judge garnered strength from the observation of honourable apex court in successive cases and mentioned as follows:14. in national insurance company ltd. v ..... . swaran singh bench of the supreme court consisting of three judges has laid down the defences that are available to the insurer under sec. 149(1) and (2) of the act. the summary of the findings is given in pages 814 and 815, it is stated, insurer is entitled ..... 13) i have critically gone through the above judgment and i endorse the same view of learned judge of the kerala high court. the non- obstante clause should be understood to be of limited purpose in excluding other provisions of mv act and the provisions in other law in the matter of computation of compensation only and the said .....
Tag this Judgment!Court : Andhra Pradesh
..... ramesh ranganathan) this appeal is preferred by icici bank limited (hereinafter called the appellant).under section 37(1)(a) of the arbitration and conciliation act, 1996, (hereinafter called the act).aggrieved by the order passed by the chief judge, city civil court, hyderabad in arbitration op no.1031 of 2015 dated 22.06.2015. the appellant herein is the 2nd respondent in o ..... gujarat high court had rightly followed the conclusion recorded by the three-judge bench in bhatia international11, and held that the district court, vadodara did not have jurisdiction to entertain the petition filed under section 9 of the act because the parties had agreed that the law governing the arbitration will be the english law; the parties had agreed that, notwithstanding article .....
Tag this Judgment!Court : Andhra Pradesh
..... was right in refusing to quash the complaint under section 500 ipc. in vantipalli veera venkata satya harischandra prasad v. surapuraju ramesh and another , a learned single judge of our high court observed as under in paras 7 and 8:- the essential ingredients of defamation are: (1) making or publishing any imputation concerning any person ..... basis of the instructions of the head office cautioning the other branch manager of the bank about the complainant do not amount to defamation, a learned single judge of our high court observed as under:- 6. therefore, there is nothing on record to hold that the petitioner/accused had issued the said circular ..... whether the accused made any inquiry before he made the allegations; fourthly, whether there are reasons to accept the version that he acted with care and caution and finally whether there is preponderance of probability that the accused acted in good faith. in i.venkateswarlu v. state and another , a learned single judge of our high court .....
Tag this Judgment!Court : Andhra Pradesh
..... that he demanded bribe is totally false and fabricated as the matter was enquired by the sub-divisional police officer only, moreover, he was not an inquiry officer in this case and the question of demanding bribe to do official favour to the complainant does not arise. he further stated that he took a ..... applied his independent mind in filing the memo before the court and hence the permission was refused. learned special public prosecutor submits that the learned special judge has given valid and cogent reasons for dismissing the petition warranting no interference. learned public prosecutor has relied upon a decision of our high court reported ..... of the government according permission to withdraw from the case. learned public prosecutor submits that merely because the government issues the orders, the public prosecutor cannot act as stooge of the government and file a petition for withdrawal. learned public prosecutor submits that even if the public prosecutor files a memo, the powers .....
Tag this Judgment!Court : Andhra Pradesh
..... and not ryoti land was final and the civil courts jurisdiction to decide that question was barred under s.64-c of the act. the trial court as well as the sub-judge in appeal accepted the plaintiffs case on merits by holding that the suit land was a ryoti land and that the assignment ..... that trial court followed a judgment which is implicitly overruled and findings of the trial court with regard to jurisdiction is absolutely incorrect, and the learned single judge without examining the material dismissed the appeal on the sole point of jurisdiction. learned senior counsel further contended that the findings of the trial court with regard ..... for a ryotwari patta in respect of this land after the abolition of the sivaganga estate under the act and the additional settlement officer merely informed the plaintiff-madam that its petition would receive consideration when s.11 inquiry would be taken up. but subsequently, without reference to the plaintiff-madam the additional settlement officer passed .....
Tag this Judgment!Court : Andhra Pradesh
..... of doubt: in examining the question whether there is contempt of court or not, the court is both the accuser as well as the judge of the accusation. it behoves the court to act with as great circumspection as possible, making all allowances for errors of judgment. it is only when a clear case of contumacious conduct, not ..... such satisfaction may be derived from the circumstances of the case. (ram autar shukla v. arvind shukla15; bank of india v. vijay transport ).for the purposes of judging 'civil contempt', intention or mens rea is not relevant. the question is only whether the breach was on account of willful disobedience i.e, whether it was not casual ..... . m.p.khair industries ; bijay kumar mahanty v. jadu ).contempt of court, an unfortunate and misleading phrase, suggests that it exists to protect the dignity of the judges. nothing could be farther from the truth. the power exists to ensure that justice shall be done. the public at large, no less the individual litigant, have an interest .....
Tag this Judgment!Court : Andhra Pradesh
..... .a.no.811 of 2009 judgment: challenging the award dated 01.07.2008 in o.p.no.103 of 2007 passed by the chairman, mact-cum- additional district judge, guntur (for short the tribunal).the 2nd respondent in the o.p/bajaj allianz general insurance company limited preferred the instant macma. 2 a) on factual side, ..... payable under workmens compensation act, the insurance company is entitled to recover the excess compensation paid by it from the insured. c) no costs in the appeal. as a sequel, miscellaneous petitions ..... .p.no.103 of 2007 is set aside and matter is remanded to lower tribunal with a direction to compute the compensation under the provisions of workmens compensation act, 1923 against respondents in op. b) in case the appellant/insurance company had already paid compensation under the impugned award and it is more than the compensation .....
Tag this Judgment!Court : Andhra Pradesh
..... order that the clause(g) of the agreement, between the parties, is opposed to public policy and, therefore, it is hit by section 23 of the indian contract act, 1872. the learned judge also noticed that such contention was either not raised before the full bench and/or it was not considered by the full bench in the a.p. paper mills ..... the person with whom the person whose services are so lent or let on hire has entered into contract of service. this provision [section 2(9)(iii)]. was amended in 1968 and was made more exhaustive whereby any person employed for wages on any work connected with the administration of the factory or establishment or any part, department or branch thereof ..... the word employee, we find that it is exhaustive and it was amended from time to time by act no.44 of 1966, w.e.f.18-01-1968, then by act no.29 of 1989 w.e.f 20-10-1989 and then by act no.18 of 2010 w.e.f. 01-06-2010. we are concerned with only these three amendments .....
Tag this Judgment!Court : Andhra Pradesh
..... yogmaya devi were living as husband and wife and four sons were born to yogmaya devi from this wedlock has also been testified during the course of inquiry by chandra shekhar singh, rtd. district judge, bhagalpur, smt. (dr.) arun prasad, sheohar, smt. s. n. sinha, w/o sri s. n. sinha, adm and others. other documentary ..... marriage between yogmaya devi and narain lal in accordance with hindu rights. that would, however, not debar the state government from making an inquiry about the existence of such a marriage and act. on that in order to grant pensionary and other benefits to the children of yogmaya devi. on this aspect we have already adverted to ..... petitioner are highly iniquitous, palpably untenable, preposterous and reprehensible.12. as rightly contended by the learned counsel for the petitioner. under section 16 of the hindu succession act, 1956, the petitioner shall be treated on par with the children of late shanker jee through his first first wife. the objection of mr.madhu babu, son .....
Tag this Judgment!Court : Andhra Pradesh
..... apart from convicting and sentencing him for the offence under section 302 ipc, the learned sessions judge convicted him also for the offences under section 4(ii) of ap prohibition of ragging act, section 27(3) of arms act and section 201 ipc but no punishment was awarded for the said offences as he was ordered ..... she was admitted into college illegally. in this context, a perusal of marks list issued by senate of serampore college (university) relating to the students of act college, hyderabad for the examination paper registration, 2013 shows the particulars of complainant as follows: student id roll no.name medium papers completed bth/6765/10 14397 ..... ) denying the allegations the petitioner/accused who appeared in person, firstly argued that the 3rd respondent/complainant was not a student of andhra christian theological college (act college) in the sense that in the said college, christians alone will be admitted in different courses but though the complainant was not a christian, she .....
Tag this Judgment!