Court : Andhra Pradesh
Reported in : II(2004)ACC591; 2004ACJ529; 2004(1)ALD449; 2004(1)ALT100
..... supreme court awarded compensation to the husband. it requires to be noticed that while the provisions of the act including the definition of 'untoward accident' in section 123(c) thereof were noticed by the supreme court, the compensation was granted more on the foundation of a tortuous liability i.e., the failure of the railway administration and its staff in taking reasonable ..... .the writ petition is dismissed. no costs.'in raj kumari and anr. v. union of india, 1993 acj 846 (mp), while dealing with sections 82-a and 68 of the railways act, 1890, it was held:'normally, under sections 101 and 102 of the evidence act, the burden to prove such facts, on which the legal right or liability depends, is on such .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALD858; 2004(4)ALT286
..... to give him relief on that basis. the rule undoubtedly is that the court cannot grant relief to the plaintiff on a case for which there was no foundation in the pleadings and which the other side was not called upon or had an opportunity to meet. but when the alternative case, which the plaintiff could have ..... singh v. jagjit kaur, : air1996sc855 , the supreme court held that' ......if the property is given to a female hindu towards her maintenance after the commencement of the act, she becomes the absolute owner thereof the moment she is placed in possession of the said property (unless, of course, she is already in possession) notwithstanding the limits and ..... the beneficent provision enacted in sub-section (1), since in most of such cases, where property is allotted to the hindu female prior to the enactment of the act, there would be a provision, in consonance with the old sastric law then prevailing, prescribing limited interest in the property and where property is given to the hindu .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(4)ALT706
..... competent jurisdiction, and it is also in the public interest that individuals should not be vexed twice over with the same kind of litigation. it these two principles form the foundation of the general rule of res judicata they cannot be treated as irrelevant or inadmissible even in dealing with fundamental rights in petitions filed under article 32.in considering the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD157
..... a synonym to 'cause of action'. on the other hand, 'material particulars' are those, which, if proved would establish the material facts. both of them have their foundation in the c.p.c itself. while, failure to plead a material fact would be fatal to the election petition, law permits material particulars to be supplemented even at ..... the mandal revenue officer, bangarupalyam mandal, chittoor district, in accordance with the provisions of the a.p. (sc, st & bc) regulation of issuance of community certificates act, 1993 (for short 'the act'). she made a statutory declaration in part iii of the nomination paper, as required under section 33(2) of the r.p ..... the election petition does not contain material facts and thereby, it is liable to be rejected. inviting the attention of this court to the provisions of r.p. act, as well as the manual of election law, 2004, published by the election commission, learned senior counsel submits that, in the absence of the necessary facts constituting cause .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2003AP2; 2003(1)ALT100
..... 11-1982 when impleaded, with that on the 1st defendant the suit is time-barred.'so far as the acts of possession are concerned, the 1st defendant pleaded that after purchase, she started digging the foundation, undertook the construction up to basement level, obtained permission from the hyderabad municipal corporation and construction was completed thereafter ..... is her brother-in-law, in his evidence as dw- 1, stated :--'after the purchase of the site, the disputed property, d-1 started digging foundation and constructed basement within a week days. the basement was completed within a month from the date of registration.'this show that the 2nd defendant has gone ..... or injunction. such a relief can be moulded in the form of adequate monetary compensation. however, the relief under section 5 of the specific relief act has a total different characteristic. while the relief of specific performance and injunction are equitablein nature, the relief of recovery of possession under section 5 does .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALT756; 2006(2)ARBLR267(AP)
..... of an independent arbitrator under section 11, sub-sections (5) and (6) of the arbitration and conciliation act, 1996.2. pursuant to the tender notice, dated 19-7-1999, issued by the respondent for construction of pile foundations, r.c.c. columns and superstructure between chirala and stuartpuram railway station, vijayawada, gudur section, the petitioner ..... of which the work could not be progressed as planned. contrary to the terms of the agreement, the respondents directed the petitioner to test drive the pile foundations and further directed to stop the work until a decision was taken. while the work was in progress, the site engineer asked the petitioner to stop the ..... regard to the respective stands taken by the petitioner and the respondents it appears there is a controversy as regards the ground that the arbitrator failed to act without undue delay, which entails the termination of the mandate, the party has to invariably approach the court to decide on the termination of the mandate. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD(Cri)415; 2001(2)ALT(Cri)283; 2001CriLJ4891
..... may be innocent or immaterial. there must be prima facie case of deliberate falsehood on a matter of substance and the court should be satisfied that there is reasonable foundation for the charge. ....'47. in the instant case, pw-1 explained under what circumstances she has given the statement before the magistrate under section 164 cr.p.c ..... be stated that the ao accepted the illegal gratification. unless the initial burden cast on the prosecution is proved, the question of drawing presumption under section 20 of the act does not arise. when once the ao accepted or obtained any gratification or valuable thing under section 7 or 11 or 13(1)(b) or (c), the legal ..... as illegal gratification other than legal remuneration for doing favour in exercise of your official functions and thereby committed an offence under section 7 of the prevention of corruption act and within my cognizance. secondly:- that you on 28-11-91 at about 2-30 p.m., at your residence bearing door no.3-2-56 in mangarayapeta .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(4)ALD484; 2008(3)ALT678
..... mci who did not pass any orders.3. the case of mci in all writ petitions is one of justification. core contention is that vignan educational foundation (vef), bangalore, set up imtu in tanzania and even before recognition/accreditation was granted, vef advertised seats, admitted students and those students prosecuted pre- ..... or little role to federal states. it is an act intended to deal with matters connected with medical profession and medical education. the act was amended in 1964, 1990, 2001 and 2004. sections 10a, 10b and 10c of the act were inserted by imc (amendment) act 1993. section 10a(1) prohibits establishment of a medical ..... /mci, is impugned as illegal and arbitrary and for a consequential direction to grant provisional registration and/or permanent registration under indian medical council act, 1956 (the act, for brevity). the said decision of executive committee was communicated to all petitioners by different impeached communications sent by additional secretary to mci.2 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALT759
..... and i would have gone into the other oral evidence also in detail, but for the fact that an objection was raised at the appellate stage that the very foundation of the suit is based on ex.a-2 which was not proved in accordance with law. no doubt, the oral evidence had been let in and the witness ..... submitted that when there is no specific denial of the will as such, there is no necessity of proving the will in accordance with section 68 of the indian evidence act. the learned counsel had placed reliance on balappa thipanna v. asangappa mallappa and anr., air 1950 mysore 234, chhuttan lal v. shanti prakash, : air1981all50 , kuppuswami chettiar v. ..... that the said property is the absolute property of late seshamma. the alienation in favour of the 8th defendant is nominal, sham and collusive and the document was never acted upon.10. on the strength of the respective pleadings of the parties, the following issues and additional issues were settled:issues:(1) whether late seshmma sold away part of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD659; 2004(3)ALT60
..... action as contemplated under section 5 of the andhra pradesh (scheduled castes, scheduled tribes and backward classes) regulation of issuance of community certificates act, 1993 (act no. 16 of 1993) (hereinafter referred to as 'the act), which came into force with effect from 16,5.1997 and the rules framed thereunder and the guidelines issued by the government from time ..... family cannot object to enquiry being conducted about the genuineness of the community certificate issued in favour of sri j. muralidhar. therefore, their writ petitions have neither any foundation nor any basis.44. as regards w.p. no. 799 of 2003 filed as pel, we are of the view that the submissions made on behalf of ..... suo motu powers in this case. action has been initiated only on the basis of the report of the director of tribal welfare, which is made the foundation for issuing show-cause notice for cancellation of the certificate.35. the reason in our dealing with the cases by a common order, as we have already .....
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