Court : Andhra Pradesh
..... the appellate authority with regard to the imposition of punishment unless such discretion suffers from illegality or material procedural irregularity or that would shock the conscience of the court/tribunal. the exercise of discretion in imposition of punishment by the disciplinary authority or appellate authority is dependent on host of factors such as gravity of misconduct, past conduct, ..... the pretext of this entry made in the token register in the name of a fictitious person g.gopal, he had misappropriated an amount of rs.10,000/- allegedly claiming to have made payment to the said person resulting in a financial loss to the bank. ...2. while writing the daybook on that day i.e., 04.06. ..... a punishment/penalty, on such a case being made out. what a difference! may it be pointed out that service tribunals too, set up with the aid of article 323-a have the power of striking down a legislative act.22. the aforesaid has, therefore, to be avoided and i have no doubt that a high court would be .....
Tag this Judgment!Court : Andhra Pradesh
..... , preferred m.v.o.p.no.610 of 2003 on the file of the motor accident claims tribunal-cum-iii additional district judge, kurnool, under section 163-a and 166 of motor vehicles act, seeking compensation of rs.12,00,000/-. the tribunal awarded compensation of rs.8,97,200/- with interest at 7.5% p.a.feeling aggrieved ..... other aspect as to since the application is filed under section 163-a and 166 of the act and the pleadings disclose that the claim petition under section 166 and the tribunal also taken the matter under section 166 of the act even in consequential section 163-a also mentioned in the factual matrix that is not fatal muchless ..... cycle besides that of the bus driver 2. whether the claim to be taken under section 163a and not under section 166 of the act from both provisions mentioned in the claim petition without exercising of option during enquiry and whether the quantum of compensation awarded by the tribunal is excessive and requires interference by this court while sitting in .....
Tag this Judgment!Court : Andhra Pradesh
..... saying section 2(11) c.p.c, rule 2(g) of the a.p.m.v.rules, 1989 read with section 166(1)(c) of the act, 1988 on the question; claim filed by the married sister being the only surviving legal representative whether maintainable or not answered in the negative. it was said that married daughter, un-married daughter ..... or personal deprivations. the apex court in r.d. hattangadi v. pest control (india) private limited at paragraph no.12 held that in its very nature whatever a tribunal or a court is to fix the amount of compensation in cases of accident, it involves some guess work, some hypothetical consideration, some amount of sympathy linked with the ..... maintainability of the appeal vide decision in m.chakradhara rao v. y.baburao . perused the material on record. the parties hereinafter are referred to as arrayed before the tribunal for the sake of convenience in the appeal.3. the contentions in the grounds of appeal as well as oral submissions by the appellant-insurer in nutshell are that .....
Tag this Judgment!Court : Andhra Pradesh
..... the dispositions made therein and preference of some other among several legal heirs and considerations in making bequeaths in stead of allowing the estate by intestacy to claim by legal heirs equally. the above referred in shashi kumar banerjee's case of air1964sc529the constitutional bench of the apex court clearly held at page-3 531 ..... upon the court and on the propounder if any, to dispel the suspicious circumstances surrounding execution, if any, required as per the indian succession act and evidence act. the indian registration act section 18 says that the registration of a will is optional and not compulsorily but for any probability from registration of a will. thus, ..... alienations out of extents enjoyed also of no evidence to corroborate alleged family arrangement for no even mutation affected if at all there was such arrangement to act upon. 17) the theme behind family arrangements is to give finality to family disputes and differences. as per the halsbury's laws-a family arrangement .....
Tag this Judgment!Court : Andhra Pradesh
..... xviii) the supreme court in subsequent judgments have not treated the previous judgments including swaran singh (supra) as laying down unexceptionable principle that in every claim brought before the tribunal, the insurance company should be directed to pay compensation amount first even though its defence was found accepted, as evident from some of the later expressions ..... the respective whole amount supra from the insurer and owner cum driver of the auto respectively to the credit of any of the six claims and on such realization or deposit, the tribunal has to apportion out of the total sum i.e. rs.2,94,000/- due to the insurer of the auto among all ..... is not tenable as the interest to be awarded is at the discretion of the tribunal and the appellate court under section 17 of the m.v.act to award reasonably and the interest rate awarded by the tribunal from date of claim petitions is reasonable, it requires no interference, even the liability on contributory negligence apportioned in .....
Tag this Judgment!Court : Andhra Pradesh
..... do not help the 1st respondent-board.68. in council of scientific and industrial research (10 supra), the supreme court held that even if tribunals constituted under the administrative tribunals act, 1985 make some legal errors, still if substantial justice has been rendered, the court should not interfere unless there is manifest injustice. the ..... iv), (v), (vi) and (viii) set out in para 10 supra which had been enquired into by m.a. hafeez siddiqui.34. one nawazuddin, claiming to be secretary of a.p. minority organization, made a complaint against the petitioner on 17-08-2001 to the chairman, minorities commission alleging that the petitioner had ..... board was also published in the andhra pradesh gazette dt.22.06.2000.8. thereafter, another complaint was made against the petitioner by md. nawazuddin, claiming to be secretary, a.p. minority organization, hyderabad to the chairman, minorities commission contending that petitioner's suspension was revoked on payment of illegal gratification of .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... issued policy in favour of opposite party no.1 covering risk. the complainants did not state whether any motor vehicle original petition was filed in any motor accident claims tribunal for compensation on account of death of the deceased. absolutely there is no negligence or deficiency in service on their part in treating the deceased and thus prayed ..... and the complaint was filed on 30-1-2012 and thus we are satisfied that the complaint is filed within limitation as per section 24-a of consumer protection act, 1986. point no.2: the opposite parties pleaded that the complaint is bad for non joinder of the hospitals i.e. government general hospital, kurnool and ..... negligence of doctors and hospital, the contention of the opposite parties that the complainant did not give the details regarding the pendency or otherwise of the claim before m.v.act is not sustainable. in the result this complaint is allowed in part directing opposite parties 1 to 4 to jointly and severally to pay a compensation .....
Tag this Judgment!Court : Andhra Pradesh
..... of the 1st petitioner society and the director of the 2nd petitioner-college. the 1st petitioner is a society registered under the societies registration act, 1860. it claims to be a charitable organisation whose aims and objects include spreading education among the backward classes in srikakulam district - a predominantly agency area in ..... with a case which would otherwise fall within the general language of the main enactment, and its effect is confined to that case".(madras & southern mahratta railway company ltd.v.bezwada municipality15; holani auto links (p) ltd.v.state of m.p.16; indo-mercantile bank ltd.10; a.n.sehgal v ..... . (rajasthan state industrial development & investment corporation v. subhash sindhi coop.hs.society42).in the affidavit filed in support of the writ petition, the petitioners claim that the action of the 2nd respondent is discriminatory and several other colleges, with deficiencies relating to ".bed occupancy"., were accorded renewal of permission. in the .....
Tag this Judgment!Court : Andhra Pradesh
..... .s.r.t.c-3rd respondent filed this appeal, having been aggrieved by the order/award of the learned chairman of the motor accidents claims tribunal-cum-i additional district judge, khammam,(for short, 'tribunal') in m.v.o.p.no.452 of 2009 dated 07.02.2011, awarding compensation of rs.3,29,000/-(rupees three lakhs twenty ..... there has not been any violation of the aforesaid terms and conditions of the policy. the respondent insurance company has also failed to point out violation of any act, rules or conditions of insurance. the insurance company has no legal justification to deny the payment of compensation to the claimants. in the light of the foregoing ..... respect to use of the vehicle use only for carriage of passengers in accordance with permit (contract carriage or stage carriage) issued within the meaning of the motor vehicles act, 1988. this policy does not cover:1. use for organized racing, pace making, reliability trial, speed testing.2. use whilst drawing a trailer except the towing .....
Tag this Judgment!Court : Andhra Pradesh
..... .c.m.a.no.2842 of2011judgment: the 2nd respondent-insurance company, in the claim petition, filed this appeal having been aggrieved by the order/award of the learned chairman of the motor accidents claims tribunal-cum-iv additional district judge, kurnool, (for short, 'tribunal') in m.v.o.p.no.653 of 2008 dated 01.07.2011, ..... xviii) the supreme court in subsequent judgments have not treated the previous judgments including swaran singh (supra) as laying down unexceptionable principle that in every claim brought before the tribunal, the insurance company should be directed to pay compensation amount first even though its defence was found accepted, as evident from some of the later expressions ..... awarding compensation of rs.25,000/-(rupees twenty five thousand only) with interest at 9% per annum as against the claim of the claimant of rs.1,00,000/-(rupees one lakh only), in the claim petition under section 166 of the motor vehicle act, .....
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