Court : Andhra Pradesh
Reported in : 2000(2)ALD652; 2000(2)ALT655
..... samiti, jabalpur v. state of u.p, air 1985 all. 162, a division bench of the allahabad high court declared certain provisions of u.p. panchayat raj act, 1947 as amended by u.p. act 9 of 1994 after coming into force of the seventy-third constitution (amendment) act, 1992 as ultra vires article 243-g and other ..... of our supreme court.93. in defunis v. charles odegard, (1974) 40 la ed 2d 164, the question was the constitutionality of an admission policy of university of washington where under certain percentage of seats in law school were reserved for minority vacancies. the trial court held the admission policy as violative of 'equal protection ..... to the wisdom of the state to make as many number of laws as are required to meet different situations. the state enacted hmc act, corporations act, as well as vizag act and vmc act. these enactments govern the municipal councils and municipal corporations and are existing enactments and there is no enactment to govern nagar panchayat. therefore, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD358; 2004(2)ALT128
..... or undertaking wholly owned or controlled by the state government; (d) a body established under any law made by the legislature of the state whether incorporated or not, including a university, and (e) any other body established by the state government or by a society registered under any law relating to the registration of societies for the time being in force ..... of 1994 makes it abundantly clear that the situation contemplated in these cases has already been taken care of by the apcs act as early as in 1985. this is the reason why under act 2 of 1994 while defining the 'local authority', the co-operative societies of this nature are not included. what all included under the definition 'local authority' are gram .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(1)ALT446
..... later repealed. thereafter the services of the professor were not extended by the chancellor as contemplated under section 52 (4) of the kashmir and jammu universities act, 1969 within sixty days as stipulated therein. as a result of the combined operation of the above two propositions of law, the supreme court eventually ..... to have been appointed on the same terms and conditions of service as were applicable to such employees before the close of business on 27th april, 1985. nevertheless, what the learned single judge has doubted is that the charge memo issued by the erstwhile lakshmi commercial bank limited cannot exist after its amalgamation ..... of india, : (1988)illj162sc , it is specifically mentioned than the respondent herein is reinstated in accordance with the minutes of the joint conference dated 3rd october, 1985 held between the representatives of the management of canara bank and of the representatives of the canara bank officers' association. it is, therefore, not open to the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALD234
..... state cannot be permitted to continue. review literally and even judicially means re-examination or re-consideration. basic philosophy inherent in it is the universal acceptance of human fallibility. yet in the realm of law the courts and even the statutes lean strongly in favour of finality of decision ..... ', air 1928 nagpur 262, 'adilakshmi ammal v. nallasivan pillar', air 1944 madras 530, 'the jumma masjid, mercara v. kodimantandra devaiah', : air1962sc847 , 'ram pyare v. ram narain', : [1985]2scr918 , pothuganti chandramma v. chepuri sambaiah'. 1988 (1) alt 360,'mahipat missir v. ganapat sha', : air1963pat277 , 'manchegowda v. state of karnataka', : [1984]3scr502 , 'syed jalalv. ..... in pursuance of agreements of sale is quite valid and lawful and therefore the parties concerned are entitled to avail the provisions of section 53a of t.p.act. case law reviewed. : air1970ap333 (fb), relied on; : air1978ap242 , explained and distinguished.'the single judge of this court in the case 'syed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000ACJ350; 1998(3)ALD244; 1998(4)ALT26
..... in the case of death of a boy aged six years, on the basis of no fault liability under section 92-a of act, 1939, rs.15,000/- was awarded. in lakshmamma v. c. das, 1985 acj 199, for the death of a boy aged nine years. rs.8,000/-were awarded towards the loss of expectation of ..... the intellectualguess work called conjectures. in this regard, there is a valuable article and paper published by one smt. s. lalitha, reader, department of law, sri krishnadevaraya university, anantapur (1991 acj at page xviii) under the caption 'compensation for the death of children in motor accidents' to provide some solutions. the learned author has referred to ..... item of compensation as suggested in the article 'compensation for the death of children in motor accidents' by smt. s. lalitha, reader, department of law, sri krishnadevaraya university, anantapur (1991 acj page xviii) may also be taken into consideration depending the facts and circumstances of each case;8. it shall not be taken that either the supreme .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2004)ACC591; 2004ACJ529; 2004(1)ALD449; 2004(1)ALT100
..... at para 18 held:'we would like to mention here that the principle that a statute enacting an offence or imposing a penalty is strictly construed is not of universal application which must necessarily be observed in every case. in muralidhar meghraj loya v. state of maharashtra : 1976crilj1527 , krishna iyer, j., held that any narrow ..... clauses of tariff would be taken to be disentitling the claims to claim compensation. in union of india v. sunil kumar ghosh : [1985]1scr555 , a decision of the apex court prior to the amending act, it was held at paras 8, 11 and 12 as hereunder:'a 'body-scan' of the aforesaid provision (section 82-a) reveals ..... the reference made by the learned judges, the question relating to the scope, ambit and interpretation of untoward incident under the present railways act, railways act, 1989 (act 24 of 1989), hereinafter referred to as 'act' in short, had been taken up for hearing.4. sri s.r. ashok, the learned senior counsel representing railways submitted that the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(4)ALD422; 2008(3)ALT774; (2009)ILLJ439AP
..... ).34. whether any particular practice, allowance or concession has become a condition of service would always depend upon the facts and circumstances of each case and no rule of universal application can be laid down. (hindustan lever ltd. v. ram mohan ray : (1973)illj427sc , hindustan steel works construction ltd. v. employees union : (2005) ..... 94, that the petitioner corporation had unilaterally repudiated such a practice and had failed to give effect to the amendment made to the payment of bonus act, 1965, by act 34 of 1995. since the petitioner corporation has, by long practice and convention, been paying its employees ex-gratia in accordance with the amendments ..... . (lokmat newspapers (p) ltd. : (1999)iillj600sc . effect of non-compliance of section 9-a of the i.d act renders the change in conditions of service void ab initio. (workmen v. food corpn. of india : (1985)iillj4sc ; lokmat newspapers (p) ltd. : (1999)iillj600sc .36. the right which a workman has to have the conditions .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD687; 2005(4)ALT146
..... in the following terms:'several tests have been propounded in decided cases for determining the question whether a provision in a statute, or a rule is mandatory or directory. no universal rule can be laid down on this matter. in each case one must look to the subject matter and consider the importance of the provision disregarded and the relation of ..... therefore, in exercise of powers conferred under clause (a) of sub-section (1) of section 7 read with sub-section (2) of section 7 of the commissions of inquiry act 1952 (central act 60 of 1952), the governor of andhra pradesh, hereby, direct that the aforesaid commission of inquiry shall be deemed to have ceased to exist with effect from the 1st ..... expressly under one of the provisions, it cannot be made relate to some other provision. the supreme court in the case of union of india v. modi rubber ltd., air 1985 sc 1992 has taken the above view.53. in the case on hand, the commission ceased to exist under the provisions of section 7(1) of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALT691; 2006(2)ARBLR130(AP)
..... kanpur nagar maha v. narain das haribansh : [1970]2scr28 the apex court, at paragraph no. 8, observed thus:this court in the case of dr. s. dutt v. university of delhi said 'in our view all that is necessary for an award to disclose an error on the face of it is that it must contain, either in itself ..... ]3scr351 . in the said case, it appears that the claimant addressed a letter on 28-2-1983 and subsequently several other letters were also addressed. eventually, on 7-9-1985 the claimant addressed a letter to the employer to finalize the bills and serving the notice to refer the dispute to the arbitrator and later on in the month of ..... which is that every 'difference' cannot be treated as a 'dispute'. the learned judge, in paragraph-5 of that judgment, observed thus:. section 2(a) of the arbitration act defines an 'arbitration agreement' as a 'written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not'. the words of this sub-clause .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2004]51SCL345(AP)
..... co-op. central bank ltd. v. president, the nellore dist co-op. central bank employees association [2001] (2) ald 913, kwality construction engineers v. university engineer, central university of hyderabad : 1998(2)ald3 , pandit munshi ram v. delhi development authority : air2001delhi82 and union of india v. momin construction co. : air1995sc1927 .24. ..... -china steam navigation co. ltd. v. jasjit singh : 1964crilj234 , a.c. companies v. p.n. sharma : (1965)illj433sc , manmohan singhv. u.t. chandigarh : (1985)illj514sc , s.p. subramanya shetty v. karnataka state road transport corporation : [1997]3scr370 , bharat bank ltd. v. employees of bharat bank ltd. : (1950)nullllj921sc , durga ..... in the light of the different provisions of the act and the rules framed thereunder, since the council is expected to decide the .....
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