Court : Andhra Pradesh
Reported in : 2003(2)ALD392; [2003]117CompCas340(AP); (2003)IILLJ798AP
..... ' and not its subsidiaries. therefore, all claims against holding company in liquidation can only be admitted.22. under section 529a which was inserted by companies (amendment) act, 1985 the dues of the workmen shall be given top priority to all other debts. therefore, the dues of the workmen of the company in liquidation without any doubt ..... another company, can also be transferred to the transferee company after referring to pyarechand kesarimal porwal bidi factory v. onkar laxman thenge, 1973 (1) slr 946, jawaharlal nehru university v. dr. k.s.jawalkar, 1989 (3) slr 730 and kundan sugar mills v. ziauddin, : (1960)illj266sc , this court summed up the legal position as ..... no doubt true that the doctrine of lifting the veil has been applied in the case of holding company and subsidiary company. the same, however, is not universal principle. to a limited extent, in certain situations, the holding company was held omnipotent in the affairs of the subsidiary.12. when the holding company is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(1)ALD561; 2001(1)ALD(Cri)312; 2001(1)ALT(Cri)205; 2001CriLJ1489
..... , and observing:'the learned counsel's general submission that in all cases even if the cheque is dishonoured it does not amount to an offence cannot be universally accepted. it depends on the facts of each case. if there are allegations to the effect that the accused had dishonest intention not to pay even at ..... mc dowel liquors. in connection with business transactions between those two concerns, accused filed a suit against srinivasa wines. subsequently, in connection with a business transaction of 1985-86 for supply of goods, accused issued ten postdated cheques to srinivasa wines, which were dishonoured on presentation to the bank. on a complaint given, police, after ..... a charge-sheet against the accused. contending that the remedy ofthe complainant in case of dishonour of cheque is only under the provisions of the negotiable instruments act but not under section 420 ipc, accused filed a petition in this court under section 482 cr.pc for quashing the charge-sheet. the division bench, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALD505
..... oa nos.5499 of 1999, dated 5-3-2001 whereby and whereunder the original application filed by the petitioners under section 19 of the administrative tribunals act, 1985 challenging the action of the respondents in terminating their services was dismissed.the petitioners herein were originally employed in m/s. hyderabad allwyn auto limited which ..... 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 ..... absorption of any employee into government service in the reference 1st cited. further, his proposal in the reference 2nd cited goes against the provisions of the act 2 of 1994 and any contravention of these provisions is punishable. therefore, his action in appointing the 10 persons is highly irregular. he is therefore directed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(3)ALD625; 1998(3)ALT508
..... provisions. it also protects a citizen from being deprived of public office to which he may have a right (vide gajendragadkar, j (as his lordship then was) in university of mysore v. govinda rao, : [1964]4scr575 ))2. availability of the writ of quo-vjarranto is said to protect the public from usurpers of public office or ..... of the kerala high court reported in 1975 ker. lt 678.8. in a similar vein the gauhati high court in bhadreswar v. s.n. choudhury, air 1985 gau. 32, negatived the contention as regards the post of additional advocate-general being repugnant to the constitution and in particular article 165.9. the learned advocate appearing ..... advocate-general does not and cannot arise. it is on this count mr. advocate-general appearing for the respondents contended that the statutory functionary shall have to act as a statutory functionary. there is neither any confusion nor any repugnancy in the matter of appointment of an additional advocate-general since advocate general and additional .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2002)ACC32; 2002ACJ32; 2001(5)ALD522; 2001(5)ALT154
..... to answer these questions.57. in lucy s. d'souza v. state of goa, : air1990bom355 , section 53(1)(vii) of goa, daman and diu public health act, 1985 was challenged as unreasonable and violative of articles 14, 19(1)(d) and 21 of the constitution of india. the said provision authorised the government to isolate and keep persons ..... information about the people in prisons, mental hospitals, juvenile facilities and residential homes for menially disabled persons. (see aids law today - scott burry and others published by yale university- 1993).63. in india there is no general law as such compelling a person to undergo hiv-aids test. indeed, article 20 of the constitution states that no ..... not be aware and by reason of such innocence he or she spreads the disease. do we have any law to deal with a situation?49. epidemic diseases act, 1897 (act 3 of 1987) was enacted for the prevention of the spread of dangerous epidemic diseases in the country. hiv-aids, though not epidemic, is being more lethal .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002ACJ1846; AIR2002AP441; 2002(4)ALT525; 2002(3)CTC385
..... to award of interest as well. it is no doubt true that the discretion, however, must be exercised judicially, reasonably and on sound legal principles. no rule of universal application can be laid down and each case will be decided on its own merits. it is well established that the court will award interest for the period prior to ..... is no contractual rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transactions. 37. section 2(b) of the interest act, 1978 (act no.14 of 1978) defines 'current rate of interest' as under:'current rate of interest' means the highest of the maximum rates at which interest may be paid ..... (sc), this court awarded interest at 12 per cent from the date of the accident up to the date of payment. subsequently in chameli wati vs. delhi municipal corporation, 1985 acj 645 (sc), a larger bench of this court awarded compensation (sic. interest) at 12 per cent per annum from the date of the application for compensation. we .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(4)ALT422
..... literature. hence, the action of the vice-chancellor in accepting you resignation and relieving from the duties of registrar is in accordance with the provisions of the university act. the matter will be placed before the ensuing meeting of the executive council. 7. a meeting of the executive council was called on 7-8-1999 ..... the vice-chancellor may if she is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act, and shall report to such authority the action taken by her on such matter. accordingly, you were relieved from the duties of registrar with ..... v. indian oil corporation and others, : [1990]1scr818 , state of bihar and another v. shri p.p sharma and another, : 1991crilj1438 , collector v. raja ram jaiswal, : [1985]3scr995 , state of assam v. banshidhar shewbhagavan and company, : [1982]1scr554 , p.r. kulkarni and others, : air1972sc2170 .12. having regard to the limited submission made by the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(5)ALD97; 2003(4)ALT775
..... equated with obtaining prior permission of the state government for establishing a new medical college as required under the proviso to section 5(5) of the medical university act. the essentiality certificate cannot be withheld by the state government on any policy consideration because the policy in the matter of establishment of a new medical ..... trust v. state of tamil nadu (supra) while considering the repugnancy between proviso to section 5(3) of medical university act inserted by state of tamil nadu and section 10(a) introduced in indian medical council act held that after enactment of section 10a by the central government, the medical council, by notification dated 20-9-1993 ..... maintain standards of technical education in the country. in pursuance of the above resolution and other recommendations, a national working group was set up in november, 1985 to look into the role of the aicte and it has recommended that in order to enable the aicte to play its role effectively, it shall have .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD299; 2001(4)ALT654
..... a major source of communal disharmony at one point of time in the twin cities. various committees have been appointed which had submitted their reports.in the year 1985, one man commission headed by hon'ble sri justice m. krishna rao was constituted in the wake upon of communal disturbances in the twin cities of hyderabad ..... such purposes:provided that-(b) any power conferred by this section shall be exercised in such manner as to create the least practicable nuisance;337. prohibition of acts contravening the provision of this chapter or donewithout sanction :--no person shall-(a) in contravention of any of the provisions of this chapter or any notice issued ..... minerals etc., as a result, the air in the environment is polluted. the mch was under an obligation under sections 295, 298 and 296 of the mch act to maintain the drain system effectively. the inaction of the respondents is in total derogation of the positive obligation cast on the respondents -authorities to maintain environment as .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2010(3)ALT360
..... a trading corporation are (1) charter companies, (2) companies incorporated by special acts of parliament, (3) companies registered under tile companies act, etc. non-trading corporations are illustrated by (1) municipal corporations, (2) district boards, (3) benevolent institutions, (4) universities etc. an essential element in the legal conception of a corporation is that its ..... for such rejection shall be furnished to the applicant.11. section 8 is of considerable importance. the parliament ensured that, notwithstanding anything contained in this act, no obligation has been cast to give any citizen certain information, which will have serious consequences or repercussions on larger body of the state or public ..... accordance with the provisions of the act. there is thus a well-marked distinction between a body created by a statute and a body which after coming into existence, is governed in accordance with the provisions of a statute.daman singh v. state of punjab : air 1985 sc 973(5) what is .....
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