Court : Andhra Pradesh
..... 2nd respondent-college being the employer of the petitioner, did not question the application of 1988 rules to the minority educational institutions. he did not even claim that 1993 rules superseded 1988 rules so far as the 2nd respondent-college is concerned. he, however, submitted that under rule 8 of 1988 rules, the ..... the learned counsel for the petitioner that the order of retrenchment was passed without prior approval under section 83 of the education act, 1982 (the act, for short). section 83 of the act dealing with the retrenchment of employees reads: ".where retrenchment of any employee is rendered necessary by the management or competent authority ..... respondents 1 and 2-institutes are unaided minority institutes. be that as it may, when the 1st respondent-management did not follow section 83 of the act, the respondents cannot insist that the petitioner ought to have preferred alternative relief. further, admittedly the unofficial respondents did not pass orders under section 79(1 .....
Tag this Judgment!Court : Andhra Pradesh
..... plaint schedule property was sought to be acquired under the provisions of the land acquisition act, 1894 along with other property; as per the award dt.13.12.1975 filed by respondent, misbahuddin khan claimed 7291.55 sq.yds. in sy.no.55 and also claimed land value at the rate of rs.125/- per sq.yd. as compensation for ..... further contended that the boundaries of the area admeasuring acs.1.20 gts. released in favour of the respondent from acquisition are not available and the petitioner cannot claim that plaint schedule property falls within this area. it is further contended that the respondent had an existing building not only on the land which originally belonged to ..... contended that any release of properties from acquisition would result in reversion of title to the owners, i.e., misbahuddin khan and ghousuddin khan, and the respondent cannot claim any benefit of the same. it was specifically contended that the acs.1.20 gts. of land which is the subject matter of the lease is the open .....
Tag this Judgment!Court : Andhra Pradesh
..... m.a.c.m.a.no.208 of2011judgment: the 2nd respondent-insurance company, in the claim petition, filed this appeal having been aggrieved by the order/ award of the motor accidents claims tribunal-cum- iv additional district judge (ftc), anantapur (for short 'the tribunal') in o.p. no.630 of 2008 dated 15.09.2010, awarding compensation of rs ..... valid transport driving license, which is violation of terms and conditions of the policy under section 10 (2) (e) of the motor vehicles act; that the said finding of the tribunal is contrary to several expressions of apex court in exonerating from the liability for such breach, hence to exempt the insurer from liability by holding ..... justice would be sub-served in giving such a direction to pay and recover having regard to the scope and purport of sections 149 read with 168 of the mv act,1988. xii) in another judgment of two judges bench in national insurance company limited vs. parvathneni & another38, the apex court doubted the correctness of the .....
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 ..... nos. 4 and 5. but the entitlement of the said claim to the class-i legal representatives under hindu succession act being hindus as per schedule of the act read with section 8 of the act is only after submitting the succession certificate before the tribunal and the parties can prove the fact as to who are ..... the said class-i legal heirs to take their claim and compensation amount. it is .....
Tag this Judgment!Court : Andhra Pradesh
..... there is no allegation of petitioners not taking welfare measures.36. the decision of supreme court in polymat india turns on its facts. the issue was on insurance claim. insurance policy covered ".plant and machinery".. the entire premises of factory was not covered by the policy. supreme court held as under: ".16........... loosely the expression ..... , or is ordinarily so carried on, but does not include a mine subject to the operation of the mines act, 1952 (35 of 1952), or a mobile unit belonging to the armed forces of the union, railway running shed or a hotel, restaurant or eating place. ".6. approval, licensing and registration of factories :--(1) ..... , supply, erect, testing and commissioning of blast furnace-3 including civil and structural works as cess under ".the building and other construction workers' welfare cess act, 1996". (act 28 of 1996).3. for convenience sake facts and material papers in w.p.no.9111 of 2010 are considered. rashtriya ispat nigam limited (third respondent) .....
Tag this Judgment!Court : Andhra Pradesh
..... b.siva sankara rao m.a.c.m.a.no.93 of2011judgment: the appeal is filed, against the award of the motor accidents claims tribunal-cum-ii additional district judge, east godavari district, at amalapuram, (for short, 'tribunal') in m.v.o.p.no.95 of 2008 dated 29.09.2010, by the claimants, who are no other than wife, ..... observation that interest of justice would be sub-served in giving such a direction to pay and recover having regard to the scope and purport of section 168 of the mv act,1988. xvii) in another judgment of two judges bench in national insurance company limited vs. parvathneni & another15, the apex court doubted the correctness of the directions issued ..... crime vehicle or other property of the insured as an assurance for execution and recovery in the same proceedings or under revenue recovery as per the mv act, 1988 and also ask the tribunal not to disburse the deposited amount to claimants (but for to invest in a bank) till such attachment order is made and made absolute from .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... opposite party delayed completion of construction of the flat in progressive manner stipulated in the application form by itself cannot be made platform to brand the complainants claim as for commercial purpose. the complainants have not purchased two or more apartments and the mere demand for loss of rental value cannot partake character of ..... the control of the builder/promoter including on account of non-availability of steel, cement, other building material, water or electric supply, war, civil commotion or act of god, any notice, order, rule notification of the government and/or other public or competent authority or for any reason beyond the control of the builders/ ..... and relevant documents exchanged between them and the opposite party. the relief sought for pertaining to service tax cannot be granted under the provisions of c.p.act. 10. the opposite party submitted that due to force majeure events delay in construction of the building and club house etc., was caused and the force .....
Tag this Judgment!Court : Andhra Pradesh
..... 2011 holding the same as illegal. the petitioner is the respondent in o.a no.2508 of 2010 on the file of the a.p.endowments tribunal, hyderabad. the petitioner claiming to be a 'lessee' of chunduru venkata reddy charities, instituted this writ petition. the case of the petitioner is that the lease granted in ..... charitable institution. in this context, it is most appropriate to notice the definition 'specific endowment', as it is defined in subsection 25 of section 2 of the act. while maintaining the distinction between a charitable institution in juxtaposition to a religious charitable institution, both of them are covered by the sweep of the expression 'specific ..... commissioner. there was no denying or dispute raised by the petitioners.in this regard. most significantly, the proceedings on the file of the tribunal have been initiated under section 83 of the act. subsection 1 of section 83 empowered the assistant commissioner, either suo motu or upon a complaint made by the trustee, if, he .....
Tag this Judgment!Court : Andhra Pradesh
..... incorporated in the concrete sleepers. both assessing officer as well as all the authorities including the tribunal had rejected the claim of the petitioner that their activity of manufacture and supply of the mono block concrete sleepers to the south central railways, is a works contract and had held that the petitioner's supply is sales of mono ..... (p) limited, hyderabad, under section 22 (1) of the andhra pradesh general sales tax act, 1957 (for short ".the act".), questioning the common order dated 27.07.2004, passed by the sales tax appellate tribunal, andhra pradesh, hyderabad (in short ".the tribunal".) in t.a.nos.1023, 1024, 1040 and 1041 of 2002.2. in all these ..... of property in goods or ownership is irrelevant. as stated, excise duty is a duty on manufacture. the provisions relating to measure (section 4 of 1944 act read with excise valuation rules, 2000) aim at taking into consideration all items of costs of manufacture and all expenses which lead to value addition to be taken .....
Tag this Judgment!Court : Andhra Pradesh
..... unanimity of judicial precedents on the score that error must be that of law and patently on record committed by the inferior tribunal so as to warrant intervention-it ought not to act as a court of appeal and there is no dissension or even a contra-note being sounded at any point of time ..... witnesses to prove that there is landlord and tenant relationship and that mere possession of the property recently by the petitioners does not give any right to claim the petitioners as tenants and that the petitioners, who are legal heirs of kamisetti subbanna and venkata rao, cannot get any tenancy rights over the schedule ..... demanded for enhancement of rent. the respondents are exclusively enjoying the schedule garden lands. the correspondence exchanged between the petitioners and respondents show falsity of the petitioners' claim. at no point of time, petitioners cultivated the schedule lands and raised crops. the petition is not maintainable since all necessary parties are not impleaded as .....
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