Court : Andhra Pradesh
Reported in : AIR1991AP1
..... this court, however, left open the question whether in view of the constitutional validity of this act the mulki rules existing in the telangana area could be said to be continuing in force by virtue of art. ..... the 1st day of november, 1956 to any post under the government of, or any local authority within, the state of hyderabad as it existed before that date, or (ii) made before the commencement of the constitution (thirty second amendment) act, 1973, to any post under the government of, or any local or other authority within, the state of andhra pradesh; and (b) no action taken or thing done by or before any person referred to in sub-clause (a), shall be deemed to be illegal or void ..... constitution of an administrative tribunal for the state of andhra pradesh to exercise such jurisdiction, powers and authority including any jurisdictional power and authority which immediately before the commencement of the constitution (thirty second amendment) act, 1973, was exercis-able by any court other than the supreme court or by any tribunal or other authority as may be specified in the order with respect to the following matters, namely:-- (a) appointment, allotment or promotion to such class ..... meanwhile, however, there were two widespread agitations one in the telangana area and the other in the andhra region of the state between 1969 and 1972 creating a political turmoil and virtually the paralysing administration of the state. ..... reddy, : (1972)iillj486sc . .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1974AP106
..... the prime minister in a bid to solve the problem announced a five point formula pursuant to which the parliament passed the mulki rules act. ..... sections of people were not satisfied with the solution afforded by the mulki rules act. ..... narasimha rao had lost the confidence of the majority of members because of the partisan attitude on the mulki rules issue: the proclamation had been issued not because there was a constitutional crisis in the state, but with a vied to set the house of the congress legislature party in order and to resolve the crisis ..... the wake of the judgment of the supreme court in what is now well known as the 'multi rules case' came the demand of the employees of the government of andhra pradesh belonging to the andhra area that the mulki rules should be scrapped on one side and the demand of the employees belonging to the telangana area that the mulki rules should be strictly enforced on the other side. ..... this application for the issue of a writ under article 226 of the constitution, he questions the validity of the proclamation of the president of india under article 356 of the constitution imposing what is familiarly called 'president's rule' in the state of andhra pradesh and the order of the president directing the governor of the state of andhra pradesh to perform all the functions of the government. ..... , all the non-gazetted employees belonging to the andhra area went on an indefinite strike from 7-12-1972 onwards. ..... (1972) 76 cal wn 411 = (air 1973 cal 223 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1978CriLJ549
..... and to defend his ease against any improper action on the part of the complainant- we are not laying any undue emphasis on the word 'shall' used in the rule; but we are of the opinion that having regard to the scheme of the act and the severity of the punishment, the legislature had insisted on the requirement of sending the report of the analyst to the person horn whom the sample was taken as a ..... the provisions of section 11(3) from the point of the scheme of the act it must be held that the time limit is not insisted as a protection for safeguarding the right of the person and it is also not in the nature of a public duty and any delay does not cause general inconvenience ..... with after the prescribed time.in sutherland, statutory construction, 3rd edition volume 3, at page 102 it is stated as follows:-a statute specifying a time within which a public officer is to perform an official act regarding the rights and duties of others is directory unless the nature of the act to be performed, or the phraseology of the statute, is such that the designation of time must be considered a limitation of the power of the officer.following the above principles, if we examine ..... veeramalla veera raju 1972 (1) a p l j 294: (1972 cri l j 1127), this court agreeing with the view taken by the madhya pradesh high court and the mysore high court .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2003AP321; 2003(2)ALD858; 2003(3)ALT47
..... filed a declaration as required under section 40 of the wild life (protection) act, 1972 (for short, the act), and rule 34 of wild life (protection) (andhra pradesh) rules, 1974 (for short, the rules) on 23.8.1993. ..... affidavit filed by thedeputy conservator of forests, wild lifeinvestigation, it is stated there was longdelay on the part of the petitioner in filingdeclaration under the act and the rules andthe authorities entertained a doubt as togenuineness of the tiger's skin and thereforethe same was seized. ..... the person gives declaration either under section 40(1) of the act or rule 35 of the rules, the law does not contemplate seizure of the article. ..... from a reading of section 40(1) of the act and rule 35 of the rules it becomes very clear that after making a declaration the authorised officer has to give notice to the declarant as to the date and time on which the officer shall ..... inquiry and preparation of inventories :--(1) on receipt of a declaration under rule 34, or under sub-section (1) of section 40 the chief wild life warden or the authorised officer shall give a notice to the person making the declaration as to the date and time on which he shall enter ..... life warden or the authorised officer shall affix upon the objects referred to in sub-rule (3), identification marks as far as possible in indelible ink. 5. ..... under various provisions of chapter-v(a) which is introduced by wild life (protection) (amendment) act, 1986 trade or commerce in trophies, animals, articles etc. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1993)IIILLJ417AP
..... it provides for forfeiture of gratuity either partially or wholly, as the case may be, in the following situations:(i) where the services of an employee are terminated for any act, wilful omission or negligence which caused any damage or loss or destruction of property belonging to the employer, then only the employer can forfeit the amount of gratuity to ..... damage or loss so caused;(b) the gratuity payable to an employee shall be wholly forfeited; (i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment'.8. ..... under the regulations of the markfed, the payment of gratuity act, 1972 (for short 'the act'), is made applicable to its employees, but it is stated that the amounts were not paid to the petitioner since his services were terminated on account of negligence and unauthorised absence amounting to misconduct and that he is not entitled to claim any gratuity under section 4(6) of the act. ..... under rule 8 of the rules, the gratuity should have been paid within 30 days of the receipt of the ..... rule 8 of the rules require that within 15 days of receipt of application for payment of gratuity, the employer shall issue a notice to the employee specifying the amount of gratuity payable, if the claim is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(2)ALD250
..... of list ii of vjith schedule of the constitution are within the exclusive domain of the state legislature and that the banking regulation act, which is a central legislation, cannot intrude into the field of the stale legislature and as such section 21-a of the banking regulation act cannot make inroads into the powers of the state legislature and the same cannot, therefore, be applied to agricultural loans coming within ..... decision the full bench of this court elaborately considered the effect of section 21-a of the banking regulation act vis-a-vis the provisions of the usurious loans act and the agriculturists relief act and held that after the introduction of section 21-a of the banking regulation act, 1949 by amending act 1 of 1984 the courts have no power to scale down the interest in respect of the debts ..... in the said judgment the supreme court after referring to certain hindu law texts held that the rule of damdupat applies in respect of the interest due to the creditor by the borrower, the debtor and that it applies ..... (iv) plaintiff is not entitled to recover interest in excess of the principalamount applying the rule of damdupat and (v) the evidence of pw1 is very vague and unsatisfactory and the suit ..... further if any question of validity of section 21-a of the banking regulation act has to be raised the union of india will have to be necessarily made a party to the proceedings and in the absence of proper parties, i do not think that this question can be permitted to be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP386a
..... the suit out of which this second appeal arises on 4-10-58.the plaintiff seeks to make the defendant liable on the ground that the railway administration is a bailee under sections 151 and 152 of the indian contract act and the standard of care expected of them is as laid down in s. ..... it was argued by the learned advocate for the respondent that there is no notice under s.77 of the railways act and there is valid notice under s. 80 c. p. c. ..... section 77 of the indian railways act was considered in union of india v. m. ..... 72 of the indian railways act is subject to the provisions of sec. ..... 77 of the railways act and the question was whether the requirements of sec. ..... 77 of the railways act and under s. ..... 77 of the railways act will be on the same lines as notice required under s. 80, c. p. c. ..... sec .74-a of the act casts the onus of proof of negligence of misconduct on the part of the railway on the plaintiff only in two cases, viz. ..... 72 of the railways act to delimit their responsibility by a special contract where goods are sent at owner's risk. ..... 77 railways act and under section 80, civil p.c ..... 77, railways act, were raised and argued in the appellate court ..... they acted negligently and, therefore, they are liable to pay the plaintiff the value of the goods as claimed in the plaint ..... the bailee in the absence of a special contract is not responsible for the loss, deterioration or destruction of the goods bailed if he has taken the same amount of care of the goods as described under the contract act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP118
..... pradesh, : [1970]1scr115 , striking down section 3 and rule 3 made thereunder as unconstitutional, section 2 of the public employment (requirement as to residence) act, 1957, hereinafter called 'the public employment act' survives and consequently the mulki rules which were repealed by virtue of section 2 continue to be repealed ..... i agree with my brother in holding that the 'mulki rules' revived on the supreme court striking down, in air the supreme court striking down, in : [1970]1scr115 , section 3 of the public employment (requirements as to residence) act and rule 3 made thereunder in so far as telangana area was ..... 49 of 1969 (andhra pra) and batch dated 20-2-1969 took a correct view in holding that the mulki rules continued in force till they were repealed by the public employment act and that they revived and continued in force after section 3 of the act was struck down by them supreme court.75. ..... chief inducement was to substitute the mulki rules by the provisions of the public employment act, albeit the life of section 3 and the rules made thereunder was for a temporary ..... the present argument, however, implies that mulki rules had not survived on the day when they were repealed by the public employment act; but had actually ceased to be operative as law on ..... secondly if section 2 of the public employment act is found not to be surviving after section 3 has been found to be void, whether mulki rules ceased to be effective after the formation of the andhra pradesh state on 1-11- .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD198; 2001(5)ALT134; [2006(1)JCR75(AP)]
..... merely because some forms provided for in one set of rules framed under the act were made applicable to another set of rules framed under the very same enactment, it cannot be said that the impugned rule ultra vires the power of the authority, particularly, when the object of the enactment is to adopt various regulatory measures for the protection and management of the forests. ..... therefore, the entire object in enacting the act and the rules framed thereunder was to protect and manage the forests in the state by adopting various regulatory measures under the main act and the rules made thereunder. ..... as already noticed hereinbefore, section 29 of the act empowers the government to make rules to regulate the transit and possession of timber and other forest produce. ..... , it is a 'forest produce in transit' as per the definition of 'forest produce in transit' in sub-rule (3) of rule 2 of the transit rules read with the definition of 'forest produce' under 'section 2(g) of the act.12. ..... sub-section (1) of section 68 of the act reads as follows:power of the government to make rule:--(1) the government may, by notification make rules to carry out all or any of the purposes of this act.7. ..... therefore, any rules issued in exercise of the power conferred under section 29 of the act to regulate the movement of timber and other forest produce can also be made applicable to the cases covered by the saw mill rules, 1969. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP477
..... further, there is no substantial difference between these two sections and as such it is immaterial which of the two applies.section 151 of the indian contract act recites:'in all cases of bailment the bailee is bound to take as much care of goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same hulk, quality and ..... of appeal in the above-mentioned case adopted the view that if a reasonable man would have foreseen any damage as likely to result from his act, then he was liable for all direct consequences of it whether a reasonable man could have foreseen them or not. ..... true, this witness did not specifically state that there was no accommodation in the goods-shed, but that seems to be the implication of the statement: 'the rules require that unloaded goods should be locked up in the goods shed during nights. ..... , after waiting for sometime, issued notices to the concerned railway administrations under section 77 of the indian railways act and section 80 of the code of civil procedure, demanding delivery of their goods or the value thereof. ..... the learned judges ruled that the railway administration which could not deliver the goods which were entrusted to it for despatch and carriage to calcutta, as they were lost as a result of a severe cyclone, was not answerable to the loss for the reason that the proximate cause of the loss was an act of god, even if the railway was guilty of negligence in that, there was delay in .....
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