Court : Andhra Pradesh
Reported in : AIR1991AP183
..... motor vehicles act 1939 (for short, old act) is no longer in force, the right of the existing operator to make representationsbefore the regional transport authority with regard to granting of permits is not taken away by the motor vehicles act, 1988 (for short, new act). ..... motor vehicles rules, 1989 contains the guiding principles for grant of stage carriage permits. ..... (3) which is relevant reads :'(3)(a) the state government shall, if so directed by the central government having regard to the number of vehicles, road conditions and other relevant matters, by notification in the official gazette, direct a state transport authority to limit the number of stage carriages generally or of any special type, as may be fixed and specified in the notification, operating on ..... para3 of the statement of objects and reasons, inter alia, mentions some of the more important modifications suggested by the working group constituted in 1984 for reviewing the provisions of the old act which include the simplification of procedure and policy liberalisation for private sector operations in the road transport field. ..... in opposition to this the learned government pleader contends that the right to representation and right to oral hearing enjoyed by the existing operator under the old act are specifically omitted under the new act; it necessarily implies that the principles of natural justice in so far as the existing operators are concerned are excluded.7. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991ACJ359
..... -(1) where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section ..... to appreciate the rival contentions, the relevant provisions in motor vehicles act can be referred to and they are as under:92-a liability to pay compensation in certain cases on the principle of no fault. ..... the point for consideration in all these appeals is whether the insurer is liable in regard to compensation to be awarded under section 92-a, motor vehicles act, 1939 (hereinafter referred to as (m.v. ..... on the principle of fault, the person so liable shall pay the first-mentioned compensation and-(a) if the amount of the first-mentioned compensation is less than the amount of the second-mentioned compensation, he shall be liable to pay (in addition to the first-mentioned compensation) only so much of the second-mentioned compensation as is equal to the amount by which it exceeds the first-mentioned compensation;(b) if the amount of the first-mentioned compensation is equal to or more than the amount of the ..... reference to the statement and reasons of that amending act shows that, inter alia, it was regarded as a measure of social justice. ..... 657 of 1984 is dismissed as total amount awarded is less than rs. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1990]186ITR226(AP)
..... as may be prescribed, make an order within 120 days of the seizure, estimating the undisclosed income, calculating the tax, interest or the amount that will be required to satisfy any existing liability under the act and retain custody do such assets or part thereof as are, in his opinion, sufficient to satisfy the aggregate of the amounts stated above and 'forthwith' release the remaining portion, if any, of the ..... the supreme court has held that the income-tax act, being an act to consolidate and amend the law relating to income-tax and super-tax, ..... the law has, however, been amended in england by section 3, law reform (miscellaneous provisions) act, 1934, empowering a court of record to award interest on the whole or any part of any debt or damages, at such rate as it thinks fit, for the whole or any part of the period ..... compensation under the law as it stands in our country and relied upon the decisions of the privy council and the supreme court for the proposition that, even under the interest act, 1839 (now replaced by the interest act, 1978), no compensatory interest or damages can be awarded under the common law or on grounds of equity. 8. ..... conclusion, they relied upon the second limb of the rule in hadley ..... position has stood recently altered in australia and canada on the basis of the 1984 decision of the house of lords in president of india v. ..... council in bengal nagpur railway ..... of lords was followed by the privy council in the well-known case of bengal nagpur railway co. ..... bengal .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1991AP232
..... , 1910, madras abkari act, motor vehicles act, berar food grains control ..... air1963mad413 (supra) while considering the provisions of motor vehicles act, the supreme court in viswa-natha pillai ..... , learned counsel for the plaintiff contended that the partnership firm with the first defendant as the managing partner for conducting the business of exhibition of cinemas under the licence granted in form 'b' under act 4 of 1955 and the rules made thereunder in the name of the first defendant is not illegal and it is not opposed to public policy and therefore, the judgment of the learned single ..... the plaintiff is entitled to rs.0-33 ps, out of hundred paise and that the first defendant was appropriating the entire profits for himself without giving the respective shares either to the plaintiff or to the second defendant and that he obtained huge profits during the years 1975-76, 1976-77 and 1977-78 in exhibiting the films in the theatre and he is liable to account as a co-sharer. ..... anantababu, learned counsel for the first defendant that when once the plaint was allowed to be amended by the learned single judge, the first defendent should have been given an opportunity to file an additional written statement if any and also to ..... judgments referred to (supra) (1983 tax lr 1355 and : air1986ap84 which were rendered on 18-4-1963 and 28-12-1984 were not cited before the learned judges and they have not been referred to in the judgment. ..... nalli benkataramana (1984) 1 alt 399 : 1983 tax lr 1355 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1992]75CompCas121(AP)
..... excise rules, 1910, the madras abkari act, the motor vehicles act, the berar food grains control order, 1945, and the betting and gaming act. ..... 0.33 out of hundred paise and that the first defendant was appropriating the entire profits for himself without giving the respective shares either to the plaintiff or to the second defendant and that he obtained huge profits during the years 1975-76, 1976-77 and 1977-78 by exhibiting films in the theatre and he is liable to account as a co-sharer ..... anantababu, learned counsel for the first defendant, that, when once the plaint was allowed to be amended by the learned single judge, the first defendant should have been given an opportunity to file an additional written statement, if any, and also to adduce evidence, if any ..... gowri sankar talkies, : air1986ap84 , which were rendered on april 18, 1983, and december 28, 1984, were not cited before the learned judges and they have not been referred to in the judgment ..... nalli venkataramana : [1984]145itr759(ap) , dealt with a similar provision which was extracted in the foregoing ..... nalli venkataramana : [1984]145itr759(ap) and came to the same conclusion as that of the division bench in the said ..... nalli venkataramana : [1984]145itr759(ap) , held that as the supreme court in viswanatha pillai ..... nalli venkataramana : [1984]145itr759(ap) ) again came up for consideration before another division bench, consisting punnayya and ramachandra raju ..... nalli venkataramana : [1984]145itr759(ap) and chennuru ramarao .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1991AP11
..... . amendment of 1972 to the motor vehicles act, 1939 it was found that certain anomalies had arisen in the working thereof, particularly in regard to the provision allowing an unrestricted number of stage carriage permits to be ..... the learned single judge referred to the provisions of sections 47(1) and 57(3), (4), (5) of the old motor vehicles act, 1939 and sections 70, 71(1), (2), (3) and 90 of the new motor vehicles act as also rules 132, 166 and 179 of the new motor vehicles rules, 1989 and came to the conclusion that the procedure contemplated by the new act for grant of stage carriage permits did not result in a total exclusion of principles of natural justice ..... is an act to consolidate and amend the law relating to motor vehicles. ..... consisting of only three inter-related questions concerning stage carriage permits, firstly, whether the existing operators have a legal right to file representations opposing the applications of new applicants after the commencement of the new act; secondly, whether the existing operators have a right to be heard before fresh stage-carriage permits are granted; and thirdly whether, at the stage of grant of new stage carriage permits, the existing operators can claim a ..... . under the old motor vehicles act, 1939 the restrictions included one which enabled-an existing operator to represent and also to be heard ..... a working group constituted in january, 1984 submitted proposals for a comprehensive new legislation ..... union of india : [1984]3scr676 baldev singh .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1991AP31
..... 51a of the land acquisition act, 1894 (as amended by act 68/1984) which now permits certified copies to be straight away marked as ..... this reference to the full bench has been made for a decision on the following question:'whether the trial court, on a reference under s, 18 of the land acquisition act, 1894 after rejecting the evidence tendered by the claimants, is precluded from computing compensation in respect of the acquired land on the basis of the sale-transactions considered and rejected by the land acquisition officer, ..... state of west bengal, : air1959sc488 , the supreme court was dealing with a case of requisition of a house and compensation to be paid therefor.their lordships observed that an 'award' in respect of another building could be relied upon by the government for the ..... secondly, we hold that though ordinarily copies of copies are not to be treated as 'secondary evidence' unless such copies are again compared with the original, thesaid principle does not apply to certified copies granted by the sub-registrar under the registration act ..... we shall next consider the second aspect whether a certified copy granted by a sub-registrar, can be 'secondary evidence',even though it is copy of a copy as stated in illustration (c) to ..... so far as the second decision of the supreme court in ..... the second type is the one where comparable sale deeds are produced and marked in the court, without objection, at the instance of the claimant but where neither the vendor nor the vendee nor the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(3)ALT433
..... case (6 supra) clause (4) of article 123 as well as clause (4) of article 213 of the constitution were inserted by enacting 38th amendment act 1975 to expressly provide that the 'satisfaction' of the president or of the governor, as the case may be, shall not be questionable in any court on any ground but the said clause (4) in both the articles has been deleted by 44th amendment act 1978 so as to leave the field in the same position as it was on the date of the decision in r.c. ..... the section as would bring it into conflict with article 226 of the constitution and which would have the effect of invalidating it to that extent on the other hand, the construction adopted by us would be consistent with the second part of the section, for, if the first part is confined only to an order made by any court or authority, other than the high court in exercise of its jurisdiction under article 226 of the constitution, both the ..... counsel submitted with reference to details that there was no question of inflation of membership in the co-operative central bank, west godavari at eluru and the primary co-operative societies and that officers concerned had not issued directions to the committees of management to revoke any ..... petitioner has produced particulars of financial dealings of the district co-operative bank, eluru co-operatively for the period 1984 to 1987 when official persons were holding charge of the society and the period from 1987 to 1990 when the elected committee of management was .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1991AP194; 1991(1)ALT207
..... has been held that the expression 'for the time being in force' means not only the law which is in existence at the time when a particular act is promulgated but all future acts also and, therefore, the overriding effect is given over all such laws which may come in future and which may be for the time being in ..... students as may be made by the government in this behalf' has been inserted by act 1 of 1984 with effect from 25-7-1983. ..... the further submission made by the learned counsel for the 4th respoondent-university is that the preamble of act 5 of 1983 itself makes it clear that the act has been promulgated to curb the collection of capitation fee and cannot be extended to provide a rule of reservation for categories like ncc, sports and games and physically handicapped ..... this argument is based on a falacy as it overlooks the amendment which has been effected in s.3(2) thereby authorising the government to make reserva-tions with regard to other categories of students as ..... have, therefore, no hesitation in rejecting the second submission made by the learned counsel for ..... the second submission made by the learned counsel for the university of health sciences that the university of health sciences act is a special law and therefore the principle of 'generalia specialibus ..... his second submission is that the university of health sciences act, 1986 is a special enactment which provides for reservations for various categories under which rules have been promulgated in ..... the second decision .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1991AP167
..... the third respondent was granted lease but the application of the petitioner was rejected by the deputy director of mines and geology -- the second respondent herein --on 27-9-1989 in memorandum no.5399/ q2/89, on the ground that the application is premature as per the andhra pradesh minor mineral concession rules, 1966. ..... in bethamcherla village and mandal, even though the petitioner society made an application as per rules and act, as illegal, null and void and contrary to policy of the state government and for a consequential direction directing the respondents to grant the quarry lease to the petitioner society...... ..... 'subsequently, an application seeking amendment of the prayer in the writ petition was filed viz., wp mp no. ..... 775/1 in betham-cherla village, kurnool district was leased out by the deputy director of mines and geology, cuddapah district in favour of messrs hussainia slabs polishing and mineral industry for a period of five years from 19-9-1984 to 18-9-1989 for exploitation of lime stone slabs (a minor mineral). ..... the amended prayer is to the following effect:--'it is therefore prayed that this hon'ble court may be pleased to declare the action of the 2nd respondent in granting the quarry lease to the 3rd respondent in sy. no. .....
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