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Judgment Search Results Home > Cases Phrase: railway claims tribunal act 1987 chapter 1 preliminary Sorted by: recent Court: andhra pradesh Page 19 of about 5,090 results (0.516 seconds)

Aug 21 2012 (HC)

Nimmaka Jaya Raju Vs. Janardhana That Raj Veera Vara Thodaramala and O ...

Court : Andhra Pradesh

..... to the 1st respondents family, cannot be straight away brushed aside, the evidence of p.ws.4 and 5 and r.w.5 has no verifiable link to act upon their claims about the 1st respondents social status. under the circumstances, the oral evidence including that of p.w.1 and r.ws.1 and 2 needs to be tested ..... made it clear that when no other authority other than the parliament, that too by law alone can amend the presidential orders, neither the state governments nor the courts nor tribunals nor any authority can assume jurisdiction to hold enquiry and take evidence to declare that a caste or tribe or part of or a group within a caste or tribe ..... constituency to be null and void, set aside the same and declare the petitioner to have been duly elected as member from that constituency under section 84 of the act. 2. the petitioner claims to have contested the election to 130-kurupam (s.t.) assembly constituency held on 16-04-2009 as the candidate of praja rajyam party, while the 1st respondent .....

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Aug 21 2012 (HC)

Nimmaka Jaya Raju Vs. Janardhana That Raj Veera Vara Thodarama

Court : Andhra Pradesh

..... to the 1st respondent's family, cannot be straight away brushed aside, the evidence of p.ws.4 and 5 and r.w.5 has no verifiable link to act upon their claims about the 1st respondent's social status. under the circumstances, the oral evidence including that of p.w.1 and r.ws.1 and 2 needs to be tested ..... made it clear that when no other authority other than the parliament, that too by law alone can amend the presidential orders, neither the state governments nor the courts nor tribunals nor any authority can assume jurisdiction to hold enquiry and take evidence to declare that a caste or tribe or part of or a group within a caste or tribe ..... constituency to be null and void, set aside the same and declare the petitioner to have been duly elected as member from that constituency under section 84 of the act.2. the petitioner claims to have contested the election to 130-kurupam (s.t.) assembly constituency held on 16-04-2009 as the candidate of praja rajyam party, while the 1st respondent .....

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Aug 21 2012 (HC)

Krishna Kilaru and Another Vs. Maytas Properties Limited Rep., by Its ...

Court : Andhra Pradesh

..... raman iron foundry (supra); web v. stenton ([1988] 11 qbd 518)). a debt is property, and is treated as property under the transfer of property act which calls it an actionable claim. (delhi cloth and general mills co. ltd. v. harnam singh ((1955) 2 scr 402)). if failure to pay the loan instalment by a company to ..... madhusudan gordhandas and co. (supra); reliance infocomm ltd. (supra); mediquip systems (p) ltd. (supra)). if the debt is not disputed on some substantial ground, the court/tribunal may decide it on the petition and make the order. (mediquip systems (p) ltd. (supra)). the court is entitled to investigate the question as to whether a dispute has ..... the respondent company intends to fully adhere to the delivery schedule; this court ought to calibrate its discretion having regard to the jurisdiction exercised by another statutory tribunal i.e., the company law board; an order of winding up is discretionary under section 433(e); even when the debt owed to the petitioner is undisputed .....

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Aug 21 2012 (HC)

Patnala Venkata Ramakrishna and Others Vs. M/S. Midwest (India) Indust ...

Court : Andhra Pradesh

..... jurisdiction is a legislative function. it can neither be conferred with the consent of the parties nor by a superior court. the finding of a court or tribunal becomes irrelevant and unenforceable /inexecutable once the forum is found to have no jurisdiction. the court cannot derive jurisdiction apart from the statute. (the united commercial ..... the balance sheets, to the advocate commissioners; the advocate commissioners had informed the court of the properties owned by the company, as also details of the claims received from various depositors; they had informed that the company had not deposited any amount; and that the reserve bank of india had issued a notification ..... , and provides a forum for adjudication of such rights, the remedy has to be sought, and the rights adjudicated, only under the provisions of that act. when an act creates a right or obligation, and enforces the performance thereof in a specified manner, that performance cannot be enforced in any other manner. (doe d. .....

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Aug 21 2012 (HC)

S.A.K. MynoddIn Vs. the Chief Election Commissioner and Others

Court : Andhra Pradesh

..... but, if in pursuance of void contract, the party has performed his part and the government of india has received its benefit, section 70 of the contract act would justify the claim against the government. in the bihar eastern gangetic fishermen co-operative society ltd. v. sipahi singh and others (air 1977 sc 2149)also, the provisions of article ..... on by sri v. mallik, learned counsel for the petitioner and in sushilkumar v. rakesh kumar (2003) 8 scc 673), the apex court held that the election tribunal, while determining an issue of this nature has to bear in mind that article 173 of the constitution of india provides for the same and a person cannot be ..... contracts is for the benefit of the government and for their use and enjoyment and is otherwise legitimate and proper, section 70 of the contract act would step in and support a claim for compensation made by the contracting parties notwithstanding the fact that the contracts had not been made as required by section 175(3). union of .....

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Aug 21 2012 (HC)

S.A.K. MynoddIn Vs. the Chief Election Commissioner,secretar

Court : Andhra Pradesh

..... but, if in pursuance of void contract, the party has performed his part and the government of india has received its benefit, section 70 of the contract act would justify the claim against the government. in the bihar eastern gangetic fishermen co-operative society ltd. v. sipahi singh and others26 also, the provisions of article 299 of the ..... two precedents relied on by sri v. mallik, learned counsel for the petitioner and in sushil kumar v. rakesh kumar18, the apex court held that the election tribunal, while determining an issue of this nature has to bear in mind that article 173 of the constitution of india provides for the same and a person cannot be ..... contracts is for the benefit of the government and for their use and enjoyment and is otherwise legitimate and proper, section 70 of the contract act would step in and support a claim for compensation made by the contracting parties notwithstanding the fact that the contracts had not been made as required by section 175(3). union of .....

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Aug 17 2012 (HC)

K.R. Shankar Singh Vs. the Presiding Officer of the Industrial Tribuna ...

Court : Andhra Pradesh

Reported in : 2012(5)ALD781

..... honble court within the stipulated time prescribed by the writ rules because i was handicapped. it means the copy of the original award which was passed by the industrial tribunal-cum-labour court in i.d.no.232/1990, dt.23.9.1992 which was published in g.o.rt.no.48, dated 11.1.1993 and the same was ..... of the constitutional, legal or other right is not entitled to relief under article 226 of the constitution. another reason for the high courts refusal to entertain belated claim is that during the intervening period rights of third parties may have crystallised and it will be inequitable to disturb those rights at the instance of a person who has ..... on the basis of report of station manager, central bus station, hyderabad, the depot manager, adilabad by his order dated 12.10.1987 placed the appellant under suspension as his act constitute serious misconduct in terms of item (ix) under note (2) of regulation no. 9(1) of the apsrtc employees (cca) regulation, 1967. a charge sheet dated 12.10 .....

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Aug 17 2012 (HC)

Dr. Reddyand#8217;s Laboratories Limited and Others Vs. the Presidindg ...

Court : Andhra Pradesh

..... lakshman, counsel for the workman. 10. sri c.r.sridharan, learned counsel for the management, contended that the exercise of power by the tribunal under section 11-a of the act in interfering with the quantum of punishment in the facts and circumstances of the present case is contrary to law and relied on the decisions ..... para 20 as follows: 20. it is no doubt true that after introduction of section 11-a in the industrial disputes act, certain amount of discretion is vested with the labour court/industrial tribunal in interfering with the quantum of punishment awarded by the management where the workman concerned is found guilty of misconduct. the said ..... in a domestic enquiry conducted by the management. it is also settled law that such discretion of the tribunal/labour court shall be exercised under section 11-a of the act only when the labour court/industrial tribunal comes to the conclusion that the punishment is disproportionate to the gravity of the misconduct such as to disturbing .....

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Aug 16 2012 (HC)

The Government of Andhra Pradesh, Represented by Its Chief Secretary a ...

Court : Andhra Pradesh

..... judicial orders must be avoided and to that end courts must defer adjudication, to avoid conflict or obsolescence of a lawful order passed by an authorized tribunal/court. in our considered view, extending the principle delineated in the several authorities referred to above, to the factual matrix presented before us, would ..... nataraj judgment of the madras high court posits the identical principle. learned counsel however put forth distinct contentions to impeach the impugned judgment, of the tribunal. we therefore consider these contentions for analyses. one contention: the learned advocate-general contends that against the yadav judgment slps were filed and the ..... brief. the appellants aggrieved by assessment orders passed under the income tax act, 1922, preferred further appeals to the income tax appellate tribunal. these were also dismissed. they thereafter applied to the itat under section 66(1) requiring the tribunal to state a case and refer certain questions of law to the calcutta .....

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Jul 20 2012 (HC)

E. Giri Yadav Vs. Union of India, Rep. by Cabinet Secretary, Central S ...

Court : Andhra Pradesh

..... to the propriety of drawing the inference which the appellants desire. there has been no denial by the chief minister, nor an affidavit by any person who claims or can claim to know personally about the truth about these allegations. the secretary to the home department one mr. s. a. iyengar has filed a counter ..... being ground reality, as the chief minister of the state and as holding a position of great responsibility as a high constitutional functionary, mr vilasrao deshmukh certainly acted beyond all legal norms by giving the impugned directions to the collector to protect members of a particular family who are dealing in moneylending business from the normal ..... /family members/close associates, as his benamis and allegedly, the first respondent through the syndicate is alleged to have indulged in large scale violations of the excise act and the rules resulting in massive liquor scam all over the state. it is alleged that when an upright officer of acb unearthed this scam, the first .....

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