Court : Andhra Pradesh
Reported in : 2001(1)ALD229; 2001(1)ALT99; (2001)ILLJ1002AP
..... the private interest of such employer or establishment to get satisfied that it should be exempted and insulated from the rigours of the provisions of the act guaranteeing statutory minimum bonus to its employees. such establishment, therefore, would naturally point out that its financial position and other relevant circumstances are such ..... the employees before passing the impugned order. it is also contended that the reasons stated for exercising the power and suspending the provisions of the act are factually incorrect. the impugned governmental order is based on incorrect factual premises.13. neither the state government nor the forest development corporation filed any ..... the second respondent-corporation to pay bonus for the years from 1984-85 to 1987-88 to all its employees under the provisions of the said act. the petitioner-union simultaneously made representations to the commissioner of labour, government of andhra pradesh for his intervention in the matter. the commissioner convened .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD197
..... / arbitrators of its choice in cases where a party or a person entrusted with the power to appoint an arbitrator/arbitrators, under the agreement, has failed to act, was not considered by the hon'ble supreme court in that case.22. the question that still remains for consideration is - how to constitute thearbitral tribunal? ..... forfeited their right to appoint the arbitrator and it is for the court to exercise its jurisdiction to appoint the arbitrator under section 8(2) of the arbitration act (old). therefore, the said contention of the learned counsel for the respondents is untenable and cannot be accepted. in view of all such facts and circumstances, ..... already noted, sub-section (6) deals with arbitration agreements where the parties have also agreed upon an appointment procedure. in such cases, if a party fails to act as required under the procedure or if a person, including an institution, fails to perform any function entrusted to him under the procedure, the opposite party may .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT359
..... 361-380-181-072-2014.18/1996dasari narayana reddy son of d. chandraiah 1698/975085095235296596603-004-003-004-003-224-0015.10/1996marri yadireddy son of bal reddy and others1695/97528 5325335345355315422-143-342-103-223-294-175-2516.20/1996kavadipalli laxma reddyson of ramaiah1697/975406-2017.37/1996upperigudem anjaiah @ kandala anjaiah son ..... shri veerabhadrayya, learned counsel appearing on behalf of the petitioners that relevant faisal pattis as well as validation certificates under section 50-b of the tenancy act in respect of certain survey numbers were not placed before the tribunal. it is therefore, proper to remit back the matters to the land reforms ..... documents, other registered or unregistered deeds, certified copies of revenue records or validation certificates alleged to have been given under section 50-b of the tenancy act. the government shall also be at liberty to produce any additional documents if they so desire. the appellate tribunal shall dispose of the appeals within .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD634
..... wherein it was held: '69. with these prefatory remarks, we may now notice the statement of objects and reasons for the bill which became the constitution (32nd amendment) act, 1972. the statement may be quoted in extenso: 'when the state of andhra pradesh was formed in 1956, certain safeguards were envisaged for the telangana area in the ..... rivers godavari and krishna which were the subject-matter of adjudication by krishna water disputes tribunal and godavari water disputes tribunal constituted under inter state water disputes act, 1956. it is also stated that the government is striving hard to develop all the regions of the state and in all sectors for better and ..... india stating that krishna and godavari tribunal awards have not put any restriction on the use of water under the specific projects and the states reorganisation act was given due cognizance by the tribunals in their awards and state governments represented their cases for the utilisation of water in the pre and post projects .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD578; 2001(3)ALT114
..... are given its full play. it is, therefore, not permissible to thwart that object and goal by the state by taking recourse to such provisions under the act, which, in our opinion, does not contemplate a total prohibition of holding elections to the societies. a restrictive meaning, therefore, to the aforementioned g.o. ..... statutory provisions. the democratic polity of gram panchayats now finds place in part ix of the constitution of india by reason of the constitution (seventy third amendment) act, 1992. article 243-b mandates that there shall be constituted in every state, panchayats at the village, intermediate and district levels in accordance with the provisions ..... , shall not exceed three years.' '131. power of government to give directions :--(1) the government may generally or in any particular matter under this act issue such orders and directions as they may consider necessary to the registrar of co-operative societies and thereupon he shall give effect to such orders or directions .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2002)ACC155; 2001(4)ALD257
..... choice to the commuter public and held that there was no justification to entertain a complaint against the liberalised policy for grant of permit under the act. in this regard the supreme court observed as follows:'the petitioners are existing stage carriage operators or different routes. they hold permits granted by the ..... effect to any directions issued under section 67 and the state transport authority shall subject to such directions and save as otherwise provided by or under this act, exercise and discharge throughout the state the following power and functions namely :-- (a) the coordinate and regulate the activities and policies of the regional transport ..... formulate routes for plying stage carriages; and (d) to discharge such other functions as may be prescribed.'in this regard clause (ca) was inserted by amendment act with effect from 14-11-1994 which states 'government to formulate the routes for plying stage carriage permits'. under section 67 the state government is empowered to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (2001)IILLJ872AP
..... connection with any establishment and includes an apprentice and any clerical or other staff of a factory or an industrial establishment who fall outside the scope of the factories act, 1948 (central act 63 of 1948), but does not include the husband, wife, son, daughter, father, mother, brother or sister of an employer or his partner, who is ..... be justified in dismissing as not maintainable the petition, which was entertained and was heard on the merits'.reference in this connection may also be made to dr. bal krishna agarwal v. state of u.p. and ors. reported in 1995 lab ic 1396 wherein it has been held:'having regard to the aforesaid facts and circumstances ..... days from the appointed day intimated his intention of not becoming an officer or other employee of the government. (2) notwithstanding anything contained in the industrial disputes act, 1947 (central act 14 of 1947), or in any other law for the time being in force, the transfer of the services of any officer or other employee of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD319; [2003]115CompCas787(AP)
..... the board are given under section 24. it lays down :'24. general duty of the board :--the board in discharging its functions under this act, shall act on business principles, due regard being had by it to the interestsof industry, commerce and the general public.'in the light of these provisions the argument ..... payments towards the dues by issuing cheques whcih have been dishonoured and the respondent corporation has also initiated criminal action under section 138 of negotiable insruments act against the petitioner. even after dishonour of the cheques the managing director of the petitioner-company was called by the respondent, he failed to appear, ..... to industrial undertakings which fall outside the normal activities of commercial banks a central industrial finance corporation had been set up under the industrial finance corporation act, 1948. to supplement the work of the industrial finance corporation the state government also wanted to have such corporations. the intention was that the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD582; 2001(6)ALT433
..... of the state to make legislation under article 309 is circumscribed by the constitutional provisions like articles 233 and 234 of the constitution of india. in bal mukund sah (supra) majmudar, j, speaking for the majority held: it is, therefore, obvious that the state legislature has no role to play while ..... chief justice of high court of a.p. v. dikshithulu, : [1979]1scr26 , b.s.yadav v. state of haryana, : (1981)illj280sc and state of bihar v. bal mukund sah, : [2000]2scr299 , the apex court categorically held that power of the governor to make rules under proviso to articles 309 of the constitution of india or the power ..... issue of community, nativity and date of birth certificates rules, 1997. the competent authority shall issue community certificate on receipt of applications. section 4 of the act provides for issue of certificates by the competent authority. rule 5 of the rules provides for elaborate enquiry/ verification before an integrated community certificate is issued under .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD662; 2002(2)ALT641
..... in a mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this act: provided that, if the deceased had left him surviving a female relative specified in class i of the schedule or a male relative, specified in that ..... female, relative, the interest of the deceased in the mitakshara coparcenary property shall devolve by testamentary or in testate succession, as the case may be under this act and not by survivorship. explanation 1 : for the purposes of this section, the interest of a hindu mitakshara coparcener shall be deemed to be the share in ..... treating her to be a son at the partition of the joint family property. however, the legislature was conscious that prior to the enforcement of the amending act, partitions will already have taken place in some families and arrangements with regard to the disposition of the properties would have been mode and marriage expenses would .....
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