Court : Andhra Pradesh
Reported in : 1996(4)ALT753; (1997)ILLJ1007AP
..... employee overstays his leave under the circumstances beyond his control, the management will not be justified in resorting to the provisions of rule 92. therefore, the first question to be considered is whether the petitioner overstayed his leave in the ..... information or intimation or previous permission from the management, and, therefore, 'deemed to have left the service of the company on your own account and lost your lien and the appointment with effect from december 3, 1980'. in that context, ..... a reasonable opportunity to put forth his case is given complying with the principles of natural justice. what emerges from the aforementioned decisions of the supreme court is that the management cannot put an end to the tenure ..... public notice shri b. v. ram narayan, shri b. v. ram narayan,18, viman nagar, plot no. 10,balamari, railway colony,secunderabad-3 near a.0.c. gate,west maredpally,secunderabad-500026 unauthorised absence - voluntary abandonment of service you are absenting from .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD652; 2000(2)ALT655
..... that the competent authority issuing the delimitation notification has not taken into consideration the factors mentioned in the relevant provision of law or such decision is arbitrary.72. in the light of the decided cases, the principles that emerge may besummarised.(i) by reason of clause (a) of article 243-zg , the division of municipality ..... legislature of the state. the act as well as the hmc act, which is made applicable to various other municipal corporations in the state, contain such provisions. those provisions in these statutes have also been amended to be brought in tune with various articles of part ix-a of the constitution. insofar as sts., and scs ..... the above dicta and indicated that the scope of judicial scrutiny with regard to matters relating to subjective satisfaction are governed by principles stated in barium chemicals ltd v. company law board, : [1967]1scr898 .98. in view of the judgment of the supreme court in indra sawhney first case (supra) as well as indra sawhney .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : III(2005)ACC792; 2005(4)ALD186; 2005(4)ALT41
..... application at all. the injured workman or dependants of a deceased workman can claim compensation against the employer as per the provisions of section 3. the question of paying indemnity by the insurance company to the assured does not arise under section 12(2) of the act. it is only the principal or the contractor ..... workmen's compensation act 1923 had fallen for consideration before this court in laxmi construction co., hyderabad v. the financial adviser and chief accounts officer, south central railway, secunderabad and another (w.p.no. 6921/ 97 dated 20-1-2005) reported in : air2005ap199 and this court affirmatively held that such deductions without following ..... india v. rasik munda, 1997 iii llj 665 (ori.), where a contractor was engaged by railways to do railway work and the workmen were employed by the contractor and the workmen sustained injuries in the course of employment, the railways was held to be liable to pay compensation and entitled to be indemnified by the contractor.14 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1988AP62
..... of the following purposes : (i)enforcement of fundamental rights of those who genuinely do not have adequate means of access to the judicial system or statutory provisions incorporating the directive principles of state policy for amelioration of their condition, (ii) preventing or annulling executive acts and omissions violative of constitution or law ..... sector and for that purpose wanted to select a co-promoter. a notification was issued by the apel in november 1985 inviting applications from : 'reputed companies with good track record having turnover of not less than rs.20 crores per annum and interested in implementing the project as assisted joint venture of apel ..... instance of voluntary non- political organisations as was the case in d. s. nakara v. union of india : (1983)illj104sc and akhil bharatiya soshit karamchari sangh railway) v. union of india, : (1981)illj209sc as the locus standi of the petitioners therein was found to be unquestionable. 25. the learned advocate general and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(4)ALT502; (1997)ILLJ1192AP
..... and the consequences of the preliminary enquiry. even in a case where the preliminary enquiry was governed by statutory provisions, a constitution bench of the supreme court in amalendu ghosh v. north eastern railway (1960-ii-llj-61) held that the finding reached by the enquiry committee as a result of the ..... case, the supreme court considered the question whether the alterations in terms and conditions of service of the employees of caltex oil refinery (india) ltd., which company was taken over by the government by enacting caltex (acquisition of shares of caltex refining) (india) ltd., and of the undertaking in india of caltex (india ..... ), medak division as inquiring authority, to conduct enquiry into the charges levelled against the first respondent. the inquiring authority, after holding the enquiry as per the provisions of the andhra pradesh state road transport corporation employees (classification, control and appeal) regulations, 1967, for short 'c.c.a. regulations,' found the first .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(3)ALT471
..... counter to an imperative rule or postulate, which is an integral part of the constitution.'93. the axiomatic rule that emerges in testing the validity of the constituent power of parliamentis: whether the impugned provision, even though complies with the prescribed mode of amendment, has the effect of changing the personality of the constitution. ..... the statute empowers the central government to decide the disputes arising out of the claims made by the transferor or transferee which claim is opposed by the company and by rendering a decision upon the respective contentions, the rights of the contesting parties are directly affected. prima facie, the exercise of such authority would ..... was again exhaustively considered by the supreme court of the united states in one of the recent decisions - northern pipeline construction co. v. marathon pipe line company and united states, 73 l.ed. 2nd. 598 = 458 u.s. 50. at issue was whether the bankruptcy courts established under bankruptcy act, 1978 and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(2)ALT24
..... (disposal of forest produce) rules, 1977 (hereinafter referred to as the 'forest rules') power is only to forfeit the security deposit. that power was given under the provisions of the a.p. forest ac t, 1967 (hereinafter referred to as 'the forest act') and that the rules are also consistent with the aforesaid rules. therefore, the ..... supreme court decision is not applicable and the state is entitled to forfeit the entire security deposits.5. in view of the respective contentions, the question that emerges is whether the respondents are entitled to forfeit the entire security deposits. under section 9 of the act, the government or the authorised officer or agent shall ..... the contract under the sub-rule (i) or lapse of contract on expiry of the period of contract the divisional forest officer shall take action in accordance with the provisions of section 70 of the a.p. forest act, 1967, to recover the amounts, duly ascertained and payable by the forest contractor.(iv) .. ..section 70(1) .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1967AP338
..... arbitrary and void. the omission to mention in the notice one of many grounds upon which that relief is sought cannot amount to non-compliance with the provisions. the provision relating to cause of action must not be construed in a narrow sense. the object of the section is merely to inform the defendants the substance of the ..... noted thereon; but the packages themselves did not bear any marks. in view of these discrepancies the goods were seized and handed over to m/s. dayanand tobacco company at vijayawada for safe custody. thereafter, the exercise authorities conducted investigation and submitted a report to the collector of central excise, hyderabad who issued a notice under ..... c.p.c. section 80, c.p.c., imposes a condition on the filing of a suit against the central government or the general manager of the railways or against the state government. it lays down that no suit shall be instituted against those authorities until the expiration of two months next after notice in writing .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1995]98STC82(AP)
..... within clause (a) or clause (b) of section 3, shall be levied by the government of india and shall be collected by that government in accordance with the provisions of sub-section (2) of that section, in the state from which the movement of the goods commenced. the proviso enumerates an exception, but we do not consider ..... branch office itself despatched the goods to the buyer, billed and received the sale price, the order placed should be deemed to be an order placed with the company, and for the purpose of fulfilling that order the manufactured goods commenced their journey from the registered office in the state of andhra pradesh to the branches outside the ..... it was an inter-state movement. therefore, such a turnover was taxable under section 3(a) of the central act. 25. from the above decisions the principle which emerges is - when the sale or agreement for sale causes or has the effect of occasioning the movement of goods from one state to another irrespective of whether the movement .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP495
..... regard to the terms of section 106 of the indian evidence act, it was necessary for the railway company in the first instance to call the material witnesses as it was peculiarly in their knowledge. he added that 'this provision of the law of evidence does not discharge the plaintiffs from proving the want of due diligence, or ..... the consignment or package was dealt with throughout the time it was in its possession or control, but if negligence or misconduct on the part of the railway administration or of any of its servants cannot be fairly inferred from such disclosure, the burden of proving such negligence or misconduct shall lie on the consignor.' ..... (expressing it otherwise) the negligence, of the servants of the defendant company.' 5. mr. m. krishna rao, the learned advocate for the respondents, .....
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