Court : Andhra Pradesh
Reported in : AIR1998AP35; 1997(6)ALT209
..... in press, the press is guided by its own restrictions and censorship. videograph which is included in cinematograph is controlled by the provisions of the cinematograph act, 1952. if there is any objectionable element or situation which falls within the prohibitions as mentioned in article 19(1) appear, reporting of such interview ..... the majority judges of the supreme court while dealing with an order issued by the chief commissioner of delhi under section 8(i)(a), east punjab public safety act, against the printer, publisher and editor of the english weekly of delhi called the organizer directing them 'to submit for scrutiny in duplicate before publication till ..... be enjoyed and there shall be great restraint of their interference by executive action and the executive cannot interfere without the sanction of law authorising such act or interference. 20. freedom of speech andexpression claimed in this writ petition are by two sections one by the press and another by the videographers. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(4)ALD349; 1998(2)ALD(Cri)142; 1997(6)ALT581
..... considered. it cannot be said that the clemency power will take-away the fundamental right of the petitioner guaranteed under article 21 of the constitution, even if it acts as an exception to jail sentence so far as respondents 2 and 3 are concerned. inspite of the remission of sentence being granted to respondents 2 and 3, ..... matter of course, then it may be correct to state that the prosecution ought to have been allowed to be withdrawn. but, the legal position is otherwise. the act of withdrawal of the prosecution and granting of the same is a judicial function and not an executive one. the public prosecutor, without any extraneous pressure or considerations had ..... by the bank employees in such a situation. there is no justification for applying the provisions of section 360 cr.pc or the provisions under the probation of offenders act.'the above judgment rendered by this court had become final.3. then, respondents 2 and 3 invoked the power of clemency of the governor under article 161 of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(3)ALD775; 1998(3)ALT310
..... of erstwhile nizam was re-organised as hyderabad public school in the year 1951. the hyderabad public school society bearing registration no. 18/1951 registered under societies act (act 1 of 1350 fasli) is in the management of the affairs of the school and the government has no control whatsoever over on the administration of the affairs ..... illegalities that are being committed by the society, including making illegal admissions of the students and illegal appointments started coming to light and infect one mr. t. bal reddy and some parents of the students studying in the school filed a writ petition no.13207/1989 for issuance of quo warranto against one mr. o.p. ..... the board of governors. 71. writ petition no. 13207/87 filed for issuance of quo-warranto against uk principal of hyderabad public school, ramanthapurby one mr. bal reddy and others, who are the parents of the current students and ex-students of the public school at that point of time enumerated innumerable of illegalities that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(5)ALD426; 1998(2)ALT(Cri)462; 1999CriLJ39
..... and investigate into the allegations made in the complaint, even assuming that the allegations made in the above paragraphs viz., 5 to 18 of the complaint amount to acts of cruelty.20. the next offence alleged in the fir is under section 494 ipc which relates to theoffence of bigamy. the question of bigamy arises if a ..... is sufficient ground for proceeding against the accused. (6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act ( under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concernedact ..... of cruelty against the 1st petitioner upto. 1992 are in sweden while the allegations of cruelty in 1993 arc alleged to be in ncllore, therefore, none of the acts of cruelty arc committed within the jurisdiction of the mahila court at hyderabad. therefore, the mahila court has no jurisdiction to try the offence as the complaint does .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(6)ALD538; 1998(6)ALT507
..... and the manipur university without simultaneously making it, either expressly or by necessary implication, subject to the respondent's consent. when the manipur university act provides for the transfer of the services of the staff working at the centre of postgraduate studies, imphal to employment in the manipur university, ..... transferred by the appellant university to the manipur university without his consent, notwithstanding any statutory provision to that effect whether in the manipur university act or elsewhere. the contract of service entered into by the respondent was contract with the appellant university and no law can convert that contract ..... constitution of india. the learned advocate-general relying upon the andhra pradesh prohibition of absorption ofempioyees of state government/public sector undertakings into public service act, 1997, further contended that the petitioners cannot claim their absorption in respondent no.2 - company after the unit in which they were working is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD676; 1999(1)ALT527
..... noted above, the judgment of this court in m. narayana's case (supra) held that in andhra pradesh state obtaining probate under section 213(1) of the indian succession act is not necessary. in the instant case, smt. parvati wants to come on record only as a legal representative of the deceased bangaramma, in order to represent the estate ..... person could not be brought on record as the legal representative on the basis of the will, as the right to property under the will comes under the succession act and as such the legatee would not be a legal representative within the meaning of section 2(11) of cpc. his lordship further held that a person claiming ..... this court reported in a.s. murthy v. d.v.s. murthy, 1979 (2) alt 347, this court has held that section 213(1) of the indian succession act, 1925 excludes the wills executed by persons residing in the state of andhra pradesh, in respect of the properties situated in andhra pradesh and accordinglyconcluded that, without obtaining probate or .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(2)ALD327; 1999(2)ALT192
..... person in possession, though without title, can resist interference from another who has no better title than himself and get injunction. section 38 of the specific relief act, 1963 deals with the grant of perpetual injunction. under sub-section (3) of section 38 a perpetual injunction may be granted to the plaintiff when the defendant ..... bai by dw2 towards pasupakumkum is legal, valid and binding on dw2 though effected in contravention of the provisions under section 123 of the transfer of property act? 7. the plaintiffs filed the suit for bare injunction restraining the defendant and his men from interfering with their peaceful possession and enjoyment of the suit property ..... in this matter are as under:(i) whether the plaintiffs' suit for permanent injunction without seeking declaration of title is maintainable under law? (ii) whether the acts and deeds of damodara rao (dw2) made the plaintiffs to believe that rukmini bai is the ostensible owner of the suit property and thus made them to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001ACJ313; 1999(4)ALD414; 1999(4)ALT730
..... accidents..... ' 10. in view of the law declared by the supreme court, the petitioners 1 and 3 are class ii legal representatives- as per hindu succession act, 1956. when once the petitioners are the legal representatives they can maintain the present petition before the tribunal which is for the benefit of the legal representatives. the ..... a motor vehicle accident is equally new and an enlarged one. this new right cannot be hedged in by all the limitations of an action under the fatal accidents act, 1855. new situations and new dangers require new strategies and new remedies.' the apex court after approving the view taken in megjibhai khimji vira v. chaturbhai taljabhai, ..... of motor vehicle accident due to the negligent driving of the driver of the vehicle, his legal representatives are entitled to recover the damages for the wrong act and the same need not be interfered. in support of his contention, learned counsel for the respondents has relied upon a judgment ofthe hon'ble supreme court .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALT91
..... . payment of fair wages, providing employment security, health care and keeping employees in confort are the minimum things that are expected of a model employer. after constitution (forty second) amendment act, 1976, article 43-a obligates the state to secure participation of workers in the management of undertakings, establishments or other organisations. therefore, the 'labour' force is no more one of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALT251; (2001)IIILLJ192AP
..... the extraordinary jurisdiction of this court under article 226 of the constitution of india for the purposes of enforcement of its statutory right. section 9-a of the act not only imposed an obligation on the employer to issue notice before effecting the change in the conditions of service, but correspondingly confers right (sic) duty upon ..... in the fourth schedule.13. precisely and, may be, being aware of the consequences of the non-compliance of the mandatory requirement of section 9-a of the act, the learned counsel for the respondent-company, mr. c.r. sreedharan made an attempt to characterise the minutes dated january 28, 1992 as a settlement, about which ..... withdrawal of the construction allowance/project allowance would amount to change in the conditions of service in respect of a matter specified in the fourth schedule of the act. item 3 of the fourth schedule relates to compensatory and other allowances and is one of the conditions of service allowance for change of which notice is .....
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