Court : Andhra Pradesh
Reported in : 2002(2)ALD177
..... bench of this court in syed muneer v. chief executive officer, a.p.state wakf board and ors., : 2001(4)ald430 , held that the tribunal at the first instance should consider the matter.30. yet recently, in s. pitchai ganapathy v. commissioner., hindu religious and charitable endowments department, 2001 ( ..... is whether an executive officer can be appointed in terms of section 29 (5) (d) of the a.p. charitable hindu religious institutions and endowments act, 1987 ('1987 act' for brevity) by the respondents to the petitioners'-temples, or not?2. the petitioners-temples and/or charitable institutions or endowments herein are questioning:', ..... the employees notwithstanding the grant of ryotwari patta to such service holder or employee under the andhra pradesh (andhra areas) inams (abolition and conversion into ryotwari) act, 1956, but shall be deemed to be a charitable endowment.'charitable institution' in terms of subsection (4) of section 2 means:any establishment, undertaking, organisation .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1974AP310
..... (punj) and similar cases do not take notice of the fact that section 96 does not apply to proceedings before the claims tribunal. sri venugopal reddy argued that the object of chap. 8 of the motor vehicles act which was entitled 'insurance of motor vehicles against third party risks' was to provide for compulsory insurance to cover risks to ..... the claims tribunal. thus the proceeding is initiated not by a plaint but by an application. the ..... motor vehicles has to be made under section 110-a of the motor vehicles act in the form of an application. the application is to be made to a claims tribunal. the determination of the claims tribunal is called an award under section 110-b of the act. the appeal that is provided by section 110-d is against the award of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1993AP278
..... 9-3-1976 by holding that the provisions of a.p. interest free sales tax loans for industries (imposition of ceiling) act, 1987 (hereinafter referred to as 'the act') does not affect the rights of the petitioner to claim the above mentioned incentive.2. the writ petition was filed on the basis of the following facts alleged in the affidavit filed in ..... only instead for the full f.o.b. value of the goods exported. questioning the same, the firm came to the court and claimed that on the basis of the principles underlying s. 115 of the evidence act, the firm is entitled for import entitlement certificate for the full value, viz., rs. 5,03,471-73 ps. their case was ..... the letter of intent was obtained in the year 1980 and civil works commenced during the year 1982 and completed before act 20 of 1987 came into force, the right to claim the incentives accrued to the petitioner and therefore. act 20 of 1987 is not applicable to the petitioner. it is also stated in the affidavit that, in any event .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2005)ACC324; III(2005)ACC839; 2006ACJ2589; 2004(5)ALD361
..... j.1. this civil miscellaneous appeal arises out of the order, dated 23-10-1998, passed by the railway claims tribunal, secunderabad bench, secunderabad in o.a.a. no. 11 of 1998.2. the respondents filed o.a.a.11 of 1998 claiming that their son, s. chiranjeevi, a student of intermediate, boarded the secunderabad-guntur golkonda express at aler ..... after he boarded the train, he slipped from it and fell down accidentally and died on the spot. they claimed compensation of rs. 2,00,000/- in accordance with the provisions of the railways act, 1989, (for short 'the act') and the rules made there under.3. the appellant filed a written statement alleging that the cause of the ..... self-inflicted injury, it can certainly extricate itself from the liability to pay compensation.11. the expression 'self-inflicted injury' is not described or defined under the act. however, it is not difficult to understand its scope. the infliction of the injury should be by the person himself upon his body and out of his own .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(4)ALD289; 2003(3)ALT456
..... we wish to point out that no original application under section 19 of the a.p. administrative tribunals act, 1985 ('the act' for brevity) is maintainable before the tribunal unless there is redressable grievance. as per section 19 of the act, a public servant with a specific grievance can only approach for redressal. mere apprehension with regard ..... such service to a favoured few would be contrary to the equality of opportunity enshrined in articles 14 and 16 of the constitution. but if the claims of all eligible candidates were considered at the time of ad hoc appointments and such appointments continued uninterruptedly till the regularisation of services by the departmental ..... and observed that in the absence of any definite rules or administrative guidelines to post juniors on ad hoc basis in higher post without considering the claims of seniors would not by itself allow the juniorson ad hoc promotion to take advantage of the situation. therefore, the submission of the learned counsel .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004ACJ1420; 2003(1)ALT65
..... guntur and, therefore, the deceased was not a bona fide passenger. on that ground, the railway claims tribunal rejected the claim of the claimants.5. for proper appreciation of the case, it is necessary to refer relevant provisions of the railways act. under sub-clause (c) of section 123 of the railways act, the term 'untoward incident' is defined. it reads as under:'(c) 'untoward incident' means(1 ..... deceased is a bona fide passenger or not, the tribunal held that the deceased was not a bona fide passenger. the tribunal, however, held that the accidental fall of the deceased is an untoward incident covered by section 123(c)(2) read with section 124-a of the railways act, accordingly, the tribunal dismissed the claim of the appellants-applicants by its order dated 9.12 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003ACJ1404; 2002(4)ALD632; 2002(4)ALT370
..... in the manner narrated by us. 19. for all the reasons, we allow the appeal with costs and set aside the judgment, dated 10-9-1999 made by the railways claims tribunal, secunderabad in o.a.a. no. 66 of 1998 by awarding a compensation of rs. 4,00,000/- with interest at 9% per annum from the date ..... respondent admitted the fact that the ticket bearing no. 25674 is a ii class ticket issued at chandrapur on 8-3-1998. 4. on the basis of the pleadings, the railway claims tribunal framed the following issues: (1) whether the applicants are dependants of the deceased? (2) whether the deceased was a bona fide passenger? (3) whether the accidental fall ..... the supreme court in the decision (supra) rejected the claim of the appellants on the ground that there was no accidental fall and the accidental fall has necessarily to be preceded by an accident as defined under section 124-a of the railways act, 1989. the learned counsel stated that the tribunal has totally ignored clause 'c' to section 123, through .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALT593
..... of the order and that, under the circumstances, there was no reason to interfere with the impugned order. the division bench observed that section 25 of the administrative tribunals act was in vogue since 1986 onwards. the writ petition and the miscellaneous petitions were dismissed.12. the indian telecom services association filed o.a. no. 1963 of ..... took note of the submissions that the alleged misdemeanor of the applicants and their conduct disentitled them to the relief claimed in the o.as. the tribunal, in its order dated 31-10-2005, observed:in majority of oas under consideration here the its association or its members have filed series of ..... result in the power of judicial review of the a.p. high court being taken away by the exercise of the statutory power under section 25 of the administrative tribunals act. learned counsel would submit that, since the basic features of the constitution cannot be obliterated even by a constitutional amendment, the contention that it could be set .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2005)ACC822; 2006ACJ2602; AIR2004AP413; 2004(3)ALD692; 2004(4)ALT269
..... the respondent.3. before the amount could be withdrawn, the 1st appellant died. the appellants 2 and 3 filed i.a. no. 402 of 2002 under rule 44 of the railway claims tribunal (proceeding) rules, 1989, for distribution of the amount of rs. 2 lakhs, payable to deceased-1st appellant, to them, in equal shares. through the order under appeal the ..... l. narasimha reddy, j. 1. this c.m.a. is filed against the order, dated 31-10-2002, of the railway claims tribunal, secunderabad, in i.a. no. 402 of 2002 in o.a.a. no. 84 of 1998.2. one china veeramma died on 15-5-1998, on account of her accidental ..... it amply clear. amount awarded as compensation to an individual is never treated as debt or security. therefore, no succession certificate can be issued under the said act, in relation to an amount awarded as compensation to a deceased-claimant. in smt. rukhsana v. smt. nazrunnisa, : (2000)9scc240 , the supreme court held that the amount awarded, as compensation, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1997]223ITR713(AP); [1997]93TAXMAN310(AP)
..... to march 31, 1990, the petitioner disclosed rs. 65,52,925 as the net profit. the petitioner filed income-tax returns for the said year claiming that under section 32 of the act, the company has unabsorbed depreciation allowance of rs. 11,99,745 which the petitioner was entitled to carry forward; the petitioner had also investment allowance computed ..... with surcharge was paid at rs. 8,57,160. the petitioner-company deducted the income determined for the assessment year 1991-92 under the provisions of section 115j and claimed to set off the notional income on which it has suffered tax for the year 1990-91. that was not allowed by the income-tax officer. the petitioner, ..... figures given by the petitioner company in its return for the assessment year 1991-92 are not disputed. but it is stated that there is no rationality in claiming deduction of the income assessed under section 115j for the assessment year 1990-91 and there is no substance in the contention that there would be double taxation. .....
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