Court : Andhra Pradesh
Reported in : 2008(1)ALD754; III(2008)BC474
..... their duty to accord necessary safeguards to the aggrieved parties/persons, such as the plaintiffs in this case, by way of approaching the debt recovery tribunal, in which event, the tribunal is couched with the duty under sub-section (3) of section 17 of the act whereby the tribunal is authorized to pass any interim orders as deemed fit and proper.therefore, when a notification had been issued by the bank (defendants 5 and 6), exercising their jurisdiction under ..... principal question in the appeal before the debt recovery tribunal, which incidentally is also relevant for the purpose of deciding the interlocutory application as to whether the action of the respondent-batik in invoking section 13(4)(a) of the act and proposing to take possession of the land in dispute is legal and within the jurisdiction of the bank? ..... it is also stated that the petitioner is unable to approach the debt recovery tribunal under section 17 of the act, as no notice under section 13(4) was issued to him, and that though in the notice, dated 16.05.2005, the first respondent proposed to take possession of the premises on 01.06.2005, till date possession had not been taken from the petitioner and he is ..... state of punjab : (1961)iillj102sc .it is well known that in different states, rent control legislations were enacted providing safeguards to the sitting tenants as against the existing rights of the landlords, which before coming into force of such law were governed by contract between the private .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(3)ALD99; 2003(3)ALD99; 2003(3)ALT311; 2003(3)ALT311; [2003(97)FLR963]; (2003)IILLJ692AP; (2003)IILLJ692SC
..... by the supreme court and various high courts, the relevant provisions of the act and the rules, and the material placed by both parties we are of the considered view that (1) termination of service of the workmen is not bona fide; (2) the management failed to fulfill the conditions of section 25-f at the time of termination of workmen from service; and (3) the conditions of section 25-h are not fulfilled by failing to offer employment to the workmen before ..... the learned judge after taking into consideration the factual aspects came to the conclusion that the closure is genuine and the management has not resorted to any acts to get rid of the non-cooperative workers and it was necessitated by the financial crisis created by the workers in reducing the production and ultimately held that the workmen are entitled to the relief ..... the management resorted to close the industrial establishment on the pretext of their non-cooperation and also due to financial crisis, it has adopted a method unknown to law in re-opening the industry within two (02) months and tried to justify its action by stating that it could mobilize the resources to re-open the industry. ..... , 1998 (2) llj 103 (p & h), a division bench of the punjab & haryana high court while considering the scope of retrenchment under section 25-f held that unless clear case is made out, conditions prescribed to the retrenchment have to be fulfilled and failure to fulfill those conditions leads to the termination invalid and the workmen .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1952CriLJ722
..... 1872, a.d section 328 corresponding to the present section 350 was enacted and made the renewal of evidence discretionary it was considered that this was an exception to the abovementioned principle of the common law ..... after personally hearing the evidence in a trial conducted from day to day and in cases of felonies even without separating and by a verdict deemed by the english law as delivered in one single day, and for the reason also that it is a characteristic of the english people that if they would condemn a person, they ..... to the prosecution to contend that there has been a miscarriage of justice by reason of the fact that the judge acted upon the evidence recorded by his predecessor and it would be open to the appellate court to set aside the judgment of acquittal if it comes to the conclusion that by ..... punjab chief court & the upper burma judicial commissioner's court have held that where there hag been only an omission on the part of the magistrate to enquire from the accused whether he wished to exercise the right by proviso a to section ..... punjab chief court and the upper burma judicial court have held that where there has been an only omission on the part of the magistrate to enquire from the accused whether he wishes to exercise the right by proviso (a) of section 350, it cannot be said that there was a failure of justice by omission and where the accused had a perfectly fair trial the omission to enquire from the accused of his right provided by proviso (a) to section .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALD183; III(2004)BC209; [2004]52SCL512(AP)
..... inasmuch as the impugned order is in violation of the principles of natural justice, the contention raised by the learned counsel representing the 2nd respondent that the effective alternative remedy available under section 20 of the act is operative, cannot be accepted since it is well settled that when an order is made in violation of principles of natural justice, the effective alternative remedy will not operate as a bar while exercising the jurisdiction under ..... counsel while making elaborate submission had taken me through the different provisions of the recovery of debts due to banks and financial institutions act, 1993, hereinafter referred to as 'act' for the purpose of convenience, and the learned counsel also submitted that in the light of section 19(18) of the act, as amended by amending act is 2000, the power to appoint either a commissioner or a receiver to sell the property in question pending disposal of the ..... , (supra) and a contention was advanced that in view of section 20 of the act providing for a remedy by way of appeal, the present civil revision petition under article 227 of the constitution of ..... it is no doubt true that in view of the object of enacting the aforesaid act, the tribunal is definitely vested with such a power to order the seizure and also sale of the properties, provided the tribunal is satisfied that in the facts and circumstances of the case, such step ..... on the decision referred punjab national bank v. o.c. ..... 1995(2) ald 49, punjab national bank v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALD693; 1999(5)ALT274
..... section 5 of punjab cinemas (regulation) act, 1952 is in pari materia with section 5 of the act except sub-section (3) of section 5 of punjab act. ..... holding that officer on special duty has no authority under the rules to issue any directions to the director in the matter grant of leases, this court held:'as a matter of fact, since the field is occupied by a legislative enactment and the rules framed in terms therewith, the only authority prescribed under the law has the jurisdiction to take steps in terms of authorisation as is available under the statute or the rules framed thereunder. ..... it is well settled that a statutory authority vested with statutory powers under a special enactment has to take independent decisions without being influenced by higher authority. ..... if a subject matter falls within the legislative competence of state legislature, the exercise of executive power by the state government is not confined, as even in the absence of a law being made, the state government is competent to deal with the subject matter in exercise of its executive power. ..... it may be a wise policy which will fully effectuatethe purpose of the enactment or it may be lacking in effectiveness and hence calling for revision and improvement. ..... as both the writ petitions came to be framed in the same set of facts and circumstances and raise common questions of law and facts, both the writ petitions are being disposed of by this common order.3. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALD1; 2006(1)ALT785
..... , she cannot be heard to say that the selection of respondent 6, by direct recruitment through the commission was invalid, as being contrary to the directions issued by the central government under section 84 of the act or that the commission had exceeded its powers by usurping the functions of the chandigarh administration, in relaxing the essential qualifications of the candidates called for interview or that respondent ..... defeats the purpose for which applications are invited from the reserved category candidates and further negates the object of a reservation policy and thus runs counter to the provisions of section 57(4)(d) which require the selection committee to interview and adjudge the merits of each candidate and recommend him/her for appointment to the general posts and the reserved posts ..... vice-chancellor's conference held at tirupati on 9-4-1981, government direct that the reservation in teaching posts should be made by grouping the faculties as indicated below:-group-i : arts, commerce, business management, law, social sciences and education including all languages.group-ii: sciencesgroup-iii : engineering and technology.each group should be treated as a single unit and the roster system prescribed in rule 22 of the ..... of recommending candidates for appointment at random from out of select list came to be considered by the full bench of punjab and haryana high court, which declared the selection board cannot make selection in excess of the number ..... legislature ..... said act was .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD1; 2004(1)ALT659
..... administration of the village shall vest in the gram panchayat, which shall, however, not exercise functions expressly assigned by or under the act or any other law to its sarpanch, executive authority or any other local authority or other authority.section 6 enacts the constitution of a gram sabha comprises all persons whose names occur in the electoral roll for the gram panchayat and requires that the gram sabha shall meet at least twice every year to consider ..... subsequent to the formation of the state of andhra pradesh in 1956, the andhra pradesh gram panchayats act, 1964 (the 1964 act) was enacted repealing the madras village panchayats act, 1950 and the hyderabad gram panchayat act, 1956. ..... state of punjab (supra) and state of j&k; v. a.r. ..... state of punjab ) it was observed by the apex court at para 32:'learned senior counsel for the reserved candidates, shri k. ..... state of punjab, : [1979]1scr845 , it was held that the legislature is responsible and responsive to the people and its representatives, the delegate may not be and that is why excessive delegation and legislative hara kiri have been frowned upon by constitutional law. ..... state of punjab) at paras 28 and 29, it was held:'we next come to the question whether article 16(4) and article 16(4-a) guaranteed any fundamental right to reservation. ..... state of punjab, : air1999sc3471 , it was held that in resolving the important constitutional issues the court must keep in mind that it is the constitution the court is expounding.6. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1976AP1
..... power s taken away by the insertion of sub-section (6) in section 15 of the principal act under the second amendment ordinance which reads as follows;-- '(6) notwithstanding anything contained in any other law and save as otherwise provided in this section, no person against whom a detention order made under this act is in force shall be released whether on bail bond ..... considering this aspect and declaring that 'the inevitable consequence of this position is that as soon as the order ceases to be operative the infringement of the rights made either by the legislative enactment or by executive action can perhaps be challenged by a citizen in a court of law and the same may have to be tied on the merits on the basis that the rights alleged to have been infringed were in operation during the pendency of the presidential order and ..... amendment would also include within itself the power to add, alter or repeal the various articles ..... . state of punjab, : 1964crilj217 that although it appears that the petitioner's challenge to validity of the impugned ordinances is indefeasible, the court 'would not reach the stage of expressing our opinion on the validity of the act if we were to uphold the preliminary objection that the applications made by ..... . state of punjab, : 1964crilj217 we have no option but to hold that these petitions are not maintainable in so far as the orders of detentions are challenged as violative of such of the rights as are conferred by part iii of the constitution as .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1984AP75
..... incases where the parliament intended to operate detrimental to the fundamental right of a citizen in respect of fixing the rates of prices, vis--vis the right to trade or to carry on business, specific enactments like the essential commodities act, 1955, industrial (development and regulation) act 1951 and the defence of india act and various control orders issued in pursuance of the delegation thereunder, have been brought on statute book inhibiting the free right of a citizen to fix the prices of essential ..... there is no violation of the latter right in prescribing the disqualification of the type enacted in section 16(1) (ix) of the act. ..... it is seeled law that any rules, regulations or instructions issued under the repealed act shall be continued to be in force unless they are clearly inconsistent with the amended act or instructions or the new rules framed. ..... state, (supra) a single judge of the punjab and haryana high court had taken the view as that of the delhi high court referred to above, but therein, the learned judges proceeded on the assumption that the act postulates only three enumerated objects referred to therein and were to be exhaustive of the purposes ..... union of india, : air1979delhi249 , a single judge's decision of the punjab and haryana high court in deepak theatres, dhuri v. ..... hari kishan, : [1966]2scr982 , while considering the similar provisions of punjab cinemas (regulation) act, s. ..... in state of punjab v. ..... he relies upon the decisions reported in state of punjab v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)
..... . the separability of the valid and invalid provisions of a statute does not depend on whether the law is enacted in the same section or different section; it is not the form, but the substance of the matter that is material, and that has to be ascertained on an examination of the act as a whole and of the setting of the relevant provisions therein. 6 ..... act 36 of 1957 repealed section 56 as initially enacted. ..... . the view taken, the interpretation and approach as to the harmonising of the entries in lists i and ii and the constructions of their relative scope adopted by the punjab and haryana and the bombay division benches in nagpur district central co-operative bank and in sant sadhu singh's cases (63 and 50 supra) were approved by the supreme court.113 ..... repugnant to the provisions of an earlier law made by parliament or an existing law with respect to that matter, then, the law so made by the legislature of such state shall, if it has been reserved for the consideration of the president and has received his assent, prevail in that state : provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of .....
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