Court : Andhra Pradesh
..... days after discharge from the hospital can not be said as unreasonable to dislodge a claim at the threshold. in ravi case relied upon by the learned counsel for the appellant, the claim for compensation under the 1988 act was dismissed by the claims tribunal on the ground that immediately complaint was not lodged. dealing with the issue the ..... given by the medical officer who has examined the victim.11. section 166 of the 1988 act vests substantive right to institute claim petition in a person who suffers injuries involving a motor accident. it also vests power in the claims tribunal to treat report of accidents forwarded to it under sub-section (6) of section 158 as ..... chapter xi of the 1989 rules deals with procedure to pass an award on claims under the 1988 act for determination of the claim and compensation. according to sub rule (7) of rule 476 of the 1989 rules, as extracted above, claims tribunal can award the claim on the basis of copy of the first information report; and the nature .....
Tag this Judgment!Court : Andhra Pradesh
..... party, is also a member of the a.p. state legislative assembly. he spoke at an assembled gathering at nizamabad on 08.12.2012 which he claims had touched upon various social and political aspects, including those which concerned the minority community. in his writ affidavit the petitioner states that he does not bear ..... officers should follow the provisions of the cr.p.c and the rules, prescribes detailed guidelines including, among others, the manner in which police officers should act in registering and investigating offences. this manual is in the nature of executive instructions issued under article 162 of the constitution of india. order 866-1, ..... . (babubhai2; surendra kaushik v. state of uttar pradesh58).42. it is not possible to enunciate any formula of universal application to determine whether two or more acts constitute the same transaction. they are to be gathered from the circumstances of a given case indicating proximity of time, unity or proximity of place, continuity of .....
Tag this Judgment!Court : Andhra Pradesh
..... the insurance company contending that claims are not entertained for compensation under the motor vehicles act but are entertained to seek compensation as per the formulae prescribed under ..... employment of the offending vehicle and affirmed the decision of the claims tribunal.21. in oriental insurance company limited vs. thudi mallamma and others3, the issue was what is the liability of the insurance company under the workmen's compensation act. the claims tribunal awarded compensation of rs.1,00,000/- which was challenged by ..... only'. the high court held that the legal representations of the deceased employee approached the motor accidents claims tribunal for payment of compensation under section 166 of the motor vehicles act and hence, the liability of the insurance company is not limited. the hon'ble supreme court held that the .....
Tag this Judgment!Court : Andhra Pradesh
..... w.e.f. 31.3.1991. section 155(1)(b) is in pari-materia with the present section 111(4)(b) of the act. as the appellant therein claimed that he was entitled to have his name entered in the register of members, the burden was placed on him to show that he was so entitled; and to ..... not mean total dearth of evidence. it extends to any case where the evidence, taken as a whole, is not reasonably capable of supporting the finding, or where no tribunal could reasonably reach that conclusion on that evidence. this 'no evidence' principle has something in common with the principle that perverse or unreasonable action is unauthorized and ultravires. it also ..... account, or vice versa; or has otherwise gone wrong in law. it is identical with the position when the court has power to interfere with the decision of a lower tribunal which has erred in point of law......" (administrative law: h.w.r. wade & c.f. forsyth ninth edition; burns philp india ltd., west bengal v. the commissioner of prohibition .....
Tag this Judgment!Court : Andhra Pradesh
..... provision and deal with it accordingly. the filing of c.a.no.1881 of 2011 by the official liquidator under the wrong provision of the act of 1956 therefore has no significance once the relief claimed thereunder can be traced to any other provision in the statute. this court is of the considered opinion that the matter squarely falls within the ..... is traceable to another source available in law, mere filing of the application under the wrong provision would not have the effect of denuding the party of the right to claim the relief. (see dinesh dalmia v/s. cbi8 and coal india limited v/s. ujjal transport agency9). this court would therefore be justified in treating an application filed by ..... to this court was appointed as its provisional liquidator by order dated 26.06.2006 passed in the said rcc. sbi claims to be a secured creditor of mpl. it filed o.a.no.838 of 2001 before the debts recovery tribunal (drt), hyderabad, for realizing the sum of rs.18,46,77,227-89 ps. due to it from mpl .....
Tag this Judgment!Court : Andhra Pradesh
..... express words or by necessary implication has indicated in clear terms, the vested right alone will continue irrespective of the change of jurisdiction of different tribunals. the larger bench, while observing that the rights of the parties are prescribed on the date of the institution of the suit and subsequent amendment ..... learned counsel further referred to keshavlal jethalal shah v. mohanlal bhagwandas and another5, wherein the apex court was considering the retrospective operation of an amendment claimed in relation to a right of appeal in respect of a pending action and referring to the earlier precedents from the apex court, it was stated ..... patients, duties of physicians in consultation, responsibilities of physicians to each other, duties of physician to the public and to the paramedical profession, unethical acts and misconduct, the punishment and disciplinary action were provided only in chapter-8 under regulation-8. these regulations refer to the state medical council/the medical .....
Tag this Judgment!Court : Andhra Pradesh
..... to be seen that under sub-section(4) of section 166 the claims tribunal shall treat any report of accidents forwarded to it under sub-section(6) of section 158 as an application for compensation under this act. thus, a report of accident forwarded to the tribunal under sub-section(6) of section 158 is to be treated as ..... it appears that the rule in reliance v. frecher should be made applicable to the relevant cases to avoid injustice. the tribunals are constituted under section 165 of the act for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of ..... and others vs. united india insurance co. ltd., and others6. in that case, the dependents of the deceased driver, whose lorry collided with another lorry, claimed compensation under section 166 of the motor vehicles act. the tribunal found that the accident occurred due to negligence of the deceased driver, but however, restricted their .....
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..... .87 in w.p.4059 of 1982 and in the order dt.25.1.1993 in w.a.1420/1987 had directed a tribunal (under the tenancy act), which had no jurisdiction to issue s.38-e certificates to persons claiming to be protected tenants, in respect of lands surrendered by kastopa to the state on 13.10.1976. therefore proceedings of the ..... . he allowed the orders made under the act rejecting his claim as tenant to become final. the self same land would not be excluded on the premise that om prakash became deemed owner/tenant by operation of orders made under tenancy act. therefore, without going into the legality of the finding recorded by the tribunals under tenancy act, the appellant remains to be the owner .....
Tag this Judgment!Court : Andhra Pradesh
..... considerations, must not seek to promote purposes alien to the letter or to the spirit of the executive instructions that gives it power to act, and must not act arbitrarily or capriciously. (indian railway construction co. ltd. v. ajay kumar15; state of u.p. v. renusagar power co16; professor de smith in his classical work ..... the government pleader or to conduct cases on the civil side in the courts of senior civil judges, junior civil judges, labour courts, industrial tribunals and any other court or tribunal not covered under clause (iii). instruction i(iv) defines "law officer" to include an assistant government pleader. instruction 3 relates to appointment of ..... choice of an individual with reference to an appointment made in the due exercise of its discretion by the government, without shutting out of consideration the claims of others for the post, courts will certainly stand guard, against flagrant abuse of powers on the simple and sound principle that the constitution 'cannot .....
Tag this Judgment!Court : Andhra Pradesh
..... alpuramma and others21. in that case, suit for partition and separate possession of the suit schedule property was filed. the statement made before the land reforms tribunal was sought to be used that there was an earlier partition. this court, referring to the judgment of the privy council and a judgment of a division ..... appeal. the court below framed the following additional issues for trial subsequently:- additional issues dated 11.02.1994:- 1. whether the plaintiff is entitled to claim partition of plaint b schedule properties? 2. whether the plaint b schedule properties and the share of 2nd defendant in nellore properties are his self acquired ..... case, the landlord initiated proceedings against the tenant under section 13a of the east punjab urban rent restriction act, 1949. the landlord, claiming to be a 'specified landlord' within the meaning of section 2(hh) of the said act, moved a petition seeking eviction of the tenant. the said petition was dismissed holding that the landlord .....
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