Court : Andhra Pradesh
Reported in : AIR1970AP124
1. This is an application under Article 226 of the Constitution of India for the issue of a Writ of Certiorari to quash the order of the second respondent, Commissioner for Workmen Compensation, Andhra Pradesh, Hyderabad in W. C. Case No. 283 of 1966 dated 2-8-1967 overruling an objection as to the maintainability of the claim for compensation before him. The first respondent herein filed the application before him. The first respondent herein filed the application before the Commissioner for Workmen Compensation, Andhra Pradesh under, the provisions of the Workmen's Compensation Ac, being the legal representative of the deceased workmen employed under the petitioner. The petitioner herein raised an objection before the Commissioner questioning his jurisdiction to entertain the claim in view of Section 110 of the Motor Vehicles Act under which a Claims Tribunal (District Judge) was specifically constituted to adjudicate upon all claims for compensation arising out of accidents involvin...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALT373
ORDERS.B. Sinha, C.J.1. This Civil Revision Petition is directed against an order dated 31-3-1998 passed by the Principal District Munsif, Kavali in E.P. No. 15 of 1994.2. The decreeholder is the petitioner. He filed the aforementioned Execution Petition for executing the decree passed in his favour in O.S.No. 256 of 1986. The decree-holder filed an application under Order XXI Rules 37 and 38 read with Section 55 of the Code of Civil Procedure (hereinafter referred to as 'the Code' for the sake of brevity) praying for arrest of the respondent/ judgment-debtor for realisation of the decretal amount, inter alia, on the ground that the judgment-debtor has an annual income Rs. 50,000/- and also cash of Rs. 50,000/-. A counter was filed by the respondent/judgment-debtor denying and disputing the aforementioned allegations and he stated that he is merely in possession of Ac. 1-66 cents of dry land in Konda Bitragunta, which he had been cultivating personally for the purpose eking out his liv...
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1977)IILLJ487AP
Sambasiva Rao, J.1. The first and the principal point that wan debated before us in writ appeal is about the correctness of Harijander Singh v. Kakatiya Medical College (1974) 1 A.L.T. 192 A.I.R. 1975 A.P. 35. Sri Shiv Shanker appearing for the appellant has mounted a severe criticism on the correctness of the view taken by the Full Bench in that case and said that in any event it has ceased to be good law in view of what the Supreme Court decided in later cases. Though other questions did arise, this point occupied substantial portion of the arguments.2. This is how the matter arose. The appellant is the Osmania College, Kurnool, represented by its correspondent. It is affiliated to Sri Venkateswara University, Tirupati, which is the 4th respondent. There is no dispute that it is an institution of a minority community which gets the protection of Article 30 of the Constitution It is recognised by the Government of Andhra Pradesh and has been receiving full teaching giant Respondents 1...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1972CriLJ558
ORDERMadhava Reddy, J.1. This revision petition is filed by the accused in C, C. No. 64 of 1970 to quash a charge framed against him for an offence punishable, under Section 409 I. P. C.2. It is alleged that the accused as Secretary of a Co-operative Credit Society registered under the Andhra Pradesh Co-operative Societies Act (hereinafter referred to as 'the Act'), has committed criminal breach of trust in respect of the amount and property entrusted to him. The contention of Mr. Ravi Subba Rao, the learned Counsel for the accused is that the accused is not a public servant or a banker, merchant, factor, broker, attorney or agent and therefore, a charge under Section 409 I. P. C. cannot be framed. Even if all the facts alleged by the prosecution are proved, it may, at the most amount to an offence punishable under Section 406 or 408 I. P. C., and not under Section 409.3. The learned Public Prosecutor fairly conceded that the accused is not a banker, merchant, factor, broker, attorney,...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD647; 2004(2)ALT331
C.Y. Somayajulu, J.1. Seventh respondent in OP No. 489 of 1998 is the appellant in this appeal.2. Respondents 1 to 8 filed the aforesaid O.P. under Section 372 of the Indian Succession Act seeking Succession Certificate in their favour for the 3/4th amount from out of the securities left behind by K. Shabbir Ahmed (hereinafter referred to as the deceased), who happened to be the son of respondents 1 and 2 and brother of Respondents 3 to 8, i.e., policy No. 42584A dated 1.11.1997, Policy No. 425874B dated 1.6.1992 of A.P.Government Life Insurance Fund, Policy No. AP/46037-CS dated 16.3.1992 of postal Life Insurance, and the amounts lying to the credit of S.B. Account No. 20/3488 in the State Bank of India, TIF Compound, Gooty Road, Kurnool, and S.B. Account in Syndicate Bank. Their contention is that since as per the Muslim Law all of them put together are entitled to 3/4th share in the estate left behind by the deceased and the remaining 1/4th belongs to the appellant, who is the wife ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1988)ILLJ534AP
1. The petitioners in these six writ petitions are the employees of the Andhra Pradesh State Electricity Board belonging to various categories. W.P. No. 9772/83 is filed by 'Andhra Pradesh Power Diploma Engineers' Association' Similarly, W.P. No. 12298/84 is preferred by the A.P. State Electricity Board Employees' Union. The other four writ petitions are filed by individual employees. The grievance, however, is common, and arises from the manner in which the revised pay scales were fixed under B.P.Ms. No. 878, dated 5th October 1981 as modified by Board memo dated 11th October 1983.2. On 5th October 1981, a Memorandum of Settlement was arrived at and signed by the management and two Employees' Unions under Section 18(1) of the Industrial Disputes Act, read with Rule 64 of the A.P. Industrial Disputes Rules. Under this settlement, the Unions agreed to accept the offer of the management with regard to pay scales, quantum of Dearness Allowance, House Rent Allowance, City Compensatory Allo...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP407; (1962)IILLJ639AP
Satyanarayana Raju, J. 1. These two petitions, filed under Article 228 of the Constitution of India, raise identical question for decision, and it will be convenient to dispose of them in a common judgment.2. The petitioner in the former of the petitions was a mechanic in the service of the Road Transport Department of the erstwhile State of Hyderabad ; and the petitioner in the other petition was a conductor. The respondent in both the petitions is the Chief Executive Officer of the Andhra Pradesh State Road Transport Corporation (hereinafter referred to, for the sake of convenience, as 'the Corporation'),3. For a better appreciation of the contentions raised before us, it will be convenient to set out in brief outline the antecedent history of the Corporation. Originally, the Road Transport Department of the erstwhile Hyderabad State was providing road transport services in the territories which formed part of that State. The Department was there functioning as a State Transport Unde...
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2004]121CompCas275(AP); (2004)4CompLJ201(AP); [2004]49SCL43(AP)
..... finance & investment co. ltd. : [1996]1scr58 . this was a case in which section 45-k(3) of reserve bank of india act (2 of 1934) was sought to be interpreted. peerless was a company under the provisions of indian companies act with name peerless general insurance & investment company ltd. it was carrying the business of life insurance. after the enactment of the life insurance corporation act, 1956 peerless could not carry on life insurance business and it changed its name to peerless general finance & investment ..... bye-laws, rules and regulations of the exchange shall be inviolable and shall be cleared and settled in accordance with the bye-laws, rules and regulations of the exchange. however, the exchange may by a notice annul the deal(s) on an application by a trading member in that behalf; if the relevant authority is satisfied after hearing the other party/parties to the deal(s) that the deal(s) is/are fit for annulment on account of fraud or willful misrepresentation or material ..... with their respective clients came to the conclusion that there was a case of widespread fraud in the trading of mol by artificially inflating the price of the script. from the report, it appeared that some of the corporate shareholders and the selling stock brokers of mol were responsible for the fraud.43. the learned counsel for the petitioners made three submissions. the 1st submission is that there was no evidence at all to enable the respondent - national stock exchange to come to the conclusion .....
Tag this Judgment!Court : Andhra Pradesh
This writ petition is moved by Electronics Corporation of India Limited (for short referred to as ECIL henceforth), a Government of India Enterprise, seeking a writ of mandamus for declaring that the respondents have no power or authority to administer the provisions of the Factories Act, 1948 to the petitioner. ECIL is incorporated as a company under the provisions of the Companies Act, 1956, on 11.4.1967, having its registered office at Hyderabad. The entire share capital excepting three shares were held by the President of India acting through the Department of Atomic Energy and the three remaining shares were also held by the public servants of Government of India looking after the affairs in the Ministry. It is thus a fully owned Government of India company. As per the Memorandum of Association, the main objects behind establishing the company are : to acquire and take over the electronics production units of Bhabha Atomic Research Centre, Trombay; to carry on in India and elsewhe...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP295
Satyanarayana Raju, J.1. This is an appeal from the judgment and decree of the Court of the Subordinate Judge, Nellore, in O. S. No. 66 of 1954.2. The suit was by the assignee of a policy-holder for payment of the sum insured on the life of his adoptive father, Virareddi. The defendant in the action is the New India Assurance Company Limited, a Company incorporated under the Indian Companies Act, having their Head Office at Bombay and carrying on life insurance business in the former composite State of Madras through their Branch Office at Madras.3. During the pendency of the appeal was enacted the Life Insurance Corporation Act (XXXI of 1956) providing for the nationalisation of life insurance business in India by transferring all such business to a Corparalion established for the purpose. By virtue of Section 7 of the-Act, all the assets and liabilities appertaining to the controlled business of all insurers were transferred to and1 vested in the Life Insurance Corporation. By reason...
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