Court : Andhra Pradesh
Reported in : 2000(5)ALD177; 2000(5)ALT15
..... bhel management that the termination orders were passed by the educational society, a society registered under the provisions of the hyderabad public societies registration act and the management and administration of higher secondary school has been vested in the hands of the managing committee of the education society ever since ..... this decision has been distinguished in number of subsequent decisions stating that merely because it was a society registered under the societies registration act, it cannot be said that it is not a 'state' or 'other authority' within the meaning of article 12 of the constitution of india as various functions that are being discharged by a ..... also observed that the society has to regulate its activities not only in accordance with the statutory requirements but also act in a manner satisfying the requirements of the constitutional provisions in articles 21 and 24 as also the directive ..... reaching ajay hasia 's case (supra), let university also consider other decisions rendered by the supreme ..... the bhel education society was registered in the year 1985 under the hyderabad public societies registration act and after its registration, the management and administration of the bhel higher secondary school which was vested in the hands of the managing committee of the ..... khalid mujib, : (1981)illj103sc , say that a society registered under the societies registration act is an 'authority' within the meaning of article 12 of the constitution of india and, therefore .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD800
..... by the internal rules of the company and that the appointment of 5th respondent as whole-time director of the company is illegal as he was working as registrar of andhra pradesh open university and holding dual posts of registrar of university as also whole-time director of the company is impermissible; (d) that a conspiracy was hatched by the 2nd respondent to ease him out of the directorship and that in pursuance of the ..... misutilised and there was no cheating of appellant and the appellant's money was utilised for business of the company, that the appellant is a cine-actor busy with film production and acting and as such, could not caler time to participate in the affairs of the company and as such, voluntarily resigned, that the letter of resignation from the directorship is not forged ..... hearing either side, the learned company judge has dismissed the company petition at the admission stage holding that there are no grounds made out for invoking section 433(f) of the act for winding-up of the 1st respondent-company, that there is no case made out for invocation of the said provision and that in any event, it was not a case ..... of the cases relied upon by the learned senior counsel appearing for the appellant supports his submission for the direct invocation of section 433(f) of the act without exhausting the alternative remedy provided in sections 397 and 398 thereof and other reliefs providing short of winding-up to rectify irregularities, if any, in ..... holding ltd, (1981) 51 cc .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD607
..... 3665 of 2003 to the effect that an extent of 7064.16 square meters of site has been exempted and held to be not excessive land by the authorities under the ulc act subsequent to the suit agreement and therefore the plaintiffs claim could be maintained to that extent and the court shall have to mould the relief at the end, equally not germane for consideration at this stage ..... such exemption by the government, no specific relief can be granted so as to enforce the agreement by directing the parties to execute a sale deed and get it registered which cannot be done having been barred by the provisions of the ulc act and, therefore, till such time the exemption is granted there can be no valid cause of action for the agreement holder to lay the suit for specific performance. ..... it was contended before the supreme court that although some reliefs were to be dealt with by the district court under the trusts act and the civil judge had no jurisdiction, the other reliefs claimed in the plaint were severable and the civil court had jurisdiction to deal with them and, therefore, in respect of those issues which fall ..... , within the territorial limits of the state of west bengal, could not give rise to a cause of action within that territory unless the service of such notice was an integral part of the cause of action. ..... 136 dated 28-1-1981 limited the exemption only to the societies registered after commencement of the ulc act and before the cut off date mentioned inter alia in the g.o. ms. no. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2005AP199; 2005(2)ALD320
..... within the following words would bring out the clear meaning that the determination of question of indemnity by the learned commissioner is quite independent of determination of compensation and directing payment to the claimants under section 3 of the act:'12(2): where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by the contractor (or any other person from whom the workman could have recovered compensation and where a contractor ..... to any workman employee in the execution of the work any compensation which he would have been liable to pay if that workman had been immediately employed him, and where compensation is claimed from the principal, this act shall apply as if references to the principal were substituted for references to the employer except that the amount of the compensation shall be calculated with reference to the wages of the workman under the employer by whom ..... if the plea of the university is accepted that they are engaged in imparting education, conducting examinations and conferring degrees only and cannot be termed to be doing any business or trade and hence they are not liable to pay compensation, they any person engaged for similar activity by any government department, any university, any hospital if faced with an accident, would not be able to get compensation in terms of section 12 of the act although such a person would be ..... commissioner, workmen's compensation, 1981 lab ic 493, were also raised .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1988AP62
..... how was the state government justified in granting exemption in respect of such a huge extent of valuable land about ac.54-00 in extent from the operation of the urban land act had the urban i-and act been made applicable to the land, the entire excess could well have been distributed in a more realistic manner taking into consideration the exigencies of the situation, the requirement of public interest and other related ..... the government's version is that a committee consisting of five directors inclulding representatives of central university,6f government of india, president of electronic industries association of andhra pradesh (e.l.i.a.p. ..... as disclosed by the two agreements dated 8-6- 1981 and 5-1-1982 had agreed to sell the land to two co-operative housing societies at the rate of rs.90,000/-per acre and at rs.65,000/- per acre respectively ..... krishna & company and after litigation between the parties a decree was passed in favour of the later, and the sale deed was executed in their favour in 1981, the award was passed in june. ..... union of india, (air 1981 sc 344) inter alia lays down that a busy body should not be permitted to invoke the jurisdiction of the court in the matter of public interest litigation ..... federation of self-employed and small business ltd, (1981) 2 wlr 722 at p..730. ..... union of india, : (1981)illj209sc as the locus standi of the petitioners therein was found to be unquestionable. ..... 12805 of 1981 is concerned, we have dismissed ..... unionof india, air 1981 sc 344, 5. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : III(2005)ACC792; 2005(4)ALD186; 2005(4)ALT41
..... within the following words would bring out the clear meaning that the determination of question of indemnity by the learned commissioner is quite independent of determination of compensation and directing payment to the claimants under section3 of the act:'12(2): where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by the contractor (or any other person from whom the workman could have recovered compensation and where a contractor who is himself ..... first opposite party has specifically contended that as per clause 15 of the agreement entered into between the department the contractor, the contractor has expressly undertaken the responsibility for payment of compensation under the act and the court as per the impugned order has accepted the above contention and held the second opposite party exclusively liable to pay the compensation found due. ..... if the plea of the university is accepted that they are engaged in imparting education, conducting examinations and conferring degrees only and cannot be termed to be doing any business or trade and hence they are not liable to pay compensation, they any person engaged for similar activity by any government department, any university, any hospital if faced with an accident, would not be able to get compensation in terms of section 12 of the act although such a person would be a workman under ..... commissioner, workmen's compensation, 1981 lab ic 493, were also raised before this court. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(4)ALD25; 2003(6)ALT133
..... contended that there is no need to give him any notice before terminating the services of the delinquent and his services can be terminated at any stage without giving any opportunity since the first respondent acted on the report of the fourth respondent, who is the competent authority to decide the genuineness or otherwise of the caste certificate of the petitioner.21. ..... the vice-chancellor of himachal pradesh university was sacked on mere accusations of inefficiency, without being heard and without being asked for any explanation on the basis of an enquiry carried on behind the back of the vice-chancellor, it was observed that ..... competent authority against the impugned order dated 25.6.2002 and as the petitioner did not avail such opportunity, the order of the fourth respondent has become final and respondents 1 to 3 have rightly acted on the said report and hence the writ petition is liable to be dismissed.34. ..... the petitioner inviting his explanation, the matter is remanded back to the competent authority to take a decision as per the provisions contained in ap (scheduled castes, scheduled tribes and backward classes) regulation of issue of community certificate act, 1993 after affording an opportunity of hearing to the petitioner as expeditiously as possible.52 ..... tamil nadu electricity board, madras, (1981) 2 slr 469, has held that initiation of the departmental enquiry after 12 years without any satisfactory explanation for such delay, the departmental proceedings are liable to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALD641; 2001(3)ALT604
..... on 7-6-1999 the university of calcutta issued the provisional pass certificate in diploma health education in favour of the 4th respondent, on which date the regional director of medical services recommended his case for promotion. ..... state of west bengal, reported in 1999 (1) chn 92, wherein it has been held: if a statutory authority takes into consideration irrelevant fact and fails to take into consideration relevant fact, an error on the fact of the record is committed (see de smith's judicial ..... this writ petition is directed against a judgment and order dated 1-2-2000 passed by the andhra pradesh administrative tribunal whereby and whereunder the original application filed by the petitioner under section 19 of the administrative tribunals act, 1995 was dismissed.2. ..... questioning the aforementioned order the petitioner filed an original application before the tribunal under section 19 of the administrative tribunals act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALD123; 2008(3)ALT190
..... preferred within ninety days from the date on which the order or proceeding to which the application relates was received by the applicant.section 2(6) of the act defines 'commissioner' as in this act unless the context otherwise requires 'commissioner' means:the commissioner and the additional commissioner appointed under sub-section (1) of section 3 and includes every officer who ..... to attend at or is in the habit of attending the performance of the service or charity or who is entitled to partake or is in the habit of partaking in the benefit of the charity:section 93 of the act dealing with power of government to call for records and pass orders, reads as hereunder:(1) the government may either suo motu or on an application call for and examine the record of the commissioner or any deputy commissioner ..... on or entrusted to the commissioner, additional commissioner or regional joint commissioner, deputy commissioner or assistant commissioner, as the case may be, by or under this act in respect of charitable or religious institutions or endowments.section 9 of the act dealing with powers and functions of regional joint commissioner, reads as hereunder:subject to the administrative control of the commissioner a regional joint commissioner shall exercise such ..... month of august, 1981 after executing his last will and testament which was duly registered and acted upon appointing his grandson ..... courses in arts and commerce apart from imparting education for appearing in open university. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD(Cri)522; 2001(2)ALT(Cri)317
..... under section 114a of the indian evidence act, in a prosecution for rape, under section 376(2) where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and if that woman states in ..... as against the said school record with regard to date of birth, there is no other documentary evidence to show that her date of birth was not 10/07/1981. ..... regard to date of birth of killi parvathi (pw-2) wherein it is stated that she has studied upto 7th class in the said school and as per the entry in the admission register vide admission no.276/91-92 her date of birth is 10/07/1981. ..... he has issued the date of birth certificate of pw-2 as recorded in the admission register as 10/07/1981. ..... (pw-1) and committed criminal intimidation threatening the mother of the minor girl by both the accused (a1 & a2) stating that they would shoot her and she would have to face dire consequences if she reveals their beastly acts to any one. .....
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