Court : Andhra Pradesh
Reported in : 2003(2)ALD319
..... of compensation and the findings asregards negligence or contributory negligence of the offending vehicle even if insured has not preferred an appeal under section 173 of motor vehicles act, 1988. relying upon this decision of the apex court, it was contended on behalf of the respondents that in both the appeals, the appellants - insurers ..... ground he is not entitled to prefer an appeal before the high court. if the insurer had followed the procedure envisaged under section 170 of motor vehicles act, 1988 and obtainednecessary permission from the tribunal to contest the appeal on the grounds on which the insured can contest the claim application, then only the insurer ..... the appeal before the learned judge, it is not the contention of the insurer that he followed the procedure laid down in section 170 of motor vehicles act, 1988 and obtained necessary permission from the tribunal and thereafter contested the claim application before the tribunal. the principle of law laid down by the learned .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD833; 2003(3)ALT506
..... same. the petitioner approached the state transport appellate tribunal (stat), the first respondent herein, by filing a revision petition under section 90 of the motor vehicles act, 1988 ('the act'). the stat by an order dated 15-12-2000 made in r.p. no. 61 of 1999 affirmed the orders of the sta. the order ..... petitions were dismissed. before the supreme court reliance was placed on adarsh travels (supra) in support of the contention that once the scheme under the motor vehicles act came into operation, no person other than state transport undertaking could operate notified areas or notified routes except as provided in the scheme itself. the supreme court ..... order passed, by the state transport authority or any regional transport authority under sub-section (1) or sub-section (2). 8. section 104 of the act further provides that after publication of the scheme state transport authority or regional transport authority shall not grant any permit except in accordance with the provisions of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(3)ALD36
..... him, we cannot concede that this court is bound to follow it. it was delivered without argument, without reference to the relevant provisions of the act conferring express power on the municipal corporation to direct removal of encroachments from any public place like pavements or public streets, and without any citation of ..... . therefore, more pragmatic construction of the rule is called for to enable the state to discharge its constitutional and statutory obligations under excise act. chapter vii of the act incorporates provisions for the penalty of adulteration under section 37. it is already noticed that under section 3, the licence may be suspended ..... the licensees were selling adulterated toddy. thereafter, criminal cases were registered against each of the petitioners as per the provisions of the andhra pradesh excise act, 1968 and the bottles of samples drawn from each of the societies were deposited with the concerned magistrate's courts having jurisdiction over the licensee. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(4)ALD827; 2003(4)ALT314
..... in sterling computers case, (supra), the supreme court in para-17 held: 'it is true that by way of judicial review the court is not expected to act as a court of appeal while examining an administrative decision and to record a finding whether such decision could have been taken otherwise in the facts and circumstances of the ..... there was sufficient cause shown for not filing the appeal within the sixty days time prescribed. section 50 creates a bar from challenging order of the commission made under the act, in a civil court. mr. s. ramqchandra rao submitted that the appeal, if any, would be limited to the questions of law arising out of such order therefore ..... the learned counsel for the respondents, except for respondent no. 12, it was submitted that the writ petition was not maintainable in view of section 39 of the act. it is also submitted that the writ petition was not maintainable because it was not a litigation in public interest but it was basically a dispute between respondent no. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2003AP393; 2003(4)ALD6
..... appropriate action.5. the further case of the petitioners is that mch has no power either under section 586 (5) of the hyderabad municipal corporation act, 1955 ('hmc act' for brevity) or the regulations for rationalization of floor area ratio (far) issued in g.o. ms. no. 423, municipal administration and ..... buildings or hotels and lodging establishments, assembly building, the regulations are more stringent.multi-storeyed building regulations, 198122. andhra pradesh urban areas (development) act, 1975 is an enactment providing for regulated development of urban areas in the state of andhra pradesh. hyderabad urban development authority (huda) was constituted ..... domain of this doctrine of ownership, it is the collectivist jurisprudence of municipal administration that has made its first in roads................... 19. the hmc act is an enactment which regulates specified lands in the corporation area. it is also intended for planned development and optimum utilization of resources like land, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(4)ALD693; 2003(4)ALT529; (2004)ILLJ22AP
..... mills officers' assn., : (2002)illj1088sc , the supreme court found that mysore paper mills limited, a government company as envisaged under section 617 of the act is nothing but an instrumentality and agency of the state government. the supreme court having referred to its earlier decisions observed thus: 'the concept of instrumentality or ..... the meaning of article 12 of the constitution of india. the writ petition is not maintainable against a public limited company incorporated under the provisions of the act, is the submission. 18. sri s. venkat reddy, learned senior counsel appearing on behalf of the 1st respondent-writ petitioner reiterated the submissions made by ..... ravi, learned counsel for the appellants submitted that the 1st appellant was only a public limited company incorporated under the provisions of the companies act, 1956 (for short 'the act') and was not a government company and therefore, the same cannot be held to be an instrumentality or agency of the state government .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD436; 2003(6)ALT434
..... . the said gmp certificates have been issued by the drug controlling agency of the state in compliance with the provisions of the drugs and cosmetics act, 1940 (for short 'the act'), and the petitioners have been supplying their respective products to various hospitals through the respective agencies of the government. it is also not in dispute ..... request of manufacturers to meet the requirements of the purchasers. the good manufacturing practices certificate is a non-statutory certificate and has no legal sanction either under the act or the rules made thereunder. the government of a.p., has also not authorized the issuance of gmp certificate. schedule-m of the drugs rules was ..... been amended to bring them in conformity with who standards. the government of india, in exercise of the powers conferred by sections 12 and 33 of the drugs act promulgated the drugs and cosmetics amendment rules, 2001 in gsr 894 (e), dated 11-12-2001. it was however clarified that the amended schedule-m shall .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2005AP26; 2004(5)ALD489; 2004(6)ALT87
..... defendant. in the alternative, he sought a declaration that he was entitled to half share in the said property as class-i heir of deceased rajappa under hindu succession act. he also sought possession of his share.2. plaintiff contended that one ellappa had three sons; munuswamy, papaiah and rajappa. ellappa had two wives. papaiah and rajappa ..... witnesses who deposed to some of the facts on which the lower court relied, did not strictly comply with the requirements of section 50 of the indian evidence act, firstly because the witnesses had no special means of knowledge on the subject of relationship between the plaintiff and ram piari and secondly because what section 50 made ..... of papaiah and rajappa would have to be ascertained in the light of provisions of the act16. in this connection, the respondents rely on section 18 of the act and submit that heirs related to an intestate by full blood shall be preferred to the heirs related by half blood. rajappa and papaiah were full blood brothers .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD(Cri)354; I(2005)DMC162
..... collection of documents.16. the learned additional public prosecutor stressed on section 498-a, i.p.c. and section 113aof indian evidence act, 1872, and the said provisions read as hereunder:section 498-a, i.p.c.whoever, being the husband or the relative of ..... p.w.-4, p.w.-5, p.w. -6, l.w.-9 vijay kumar, p. sudhakar reddy, k. bhaskar reddy and bal reddy and during the course of investigation he got transfer orders and handed over the charge to a.c.p. laxman rao. this witness ..... that such statements are inadmissible in evidence and in a case of this nature, presumption under section 113a of the indian evidence act, 1872 cannot be drawn in favour of the prosecution.17. on a careful scrutiny of the whole evidence available on record ..... -2, at the best is hearsay evidence relating to harassment and such statements are not admissible under section 32 of the indian evidence act, 1872. the learned counsel also further had contended that inasmuch as ex. p-l is a concocted document which was brought in, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALT177
..... aforesaid analysis and conclusions, it is not necessary to consider whether as the petitioner suffered no prejudice by the vice president of the college governing body acting as the inquiry officer, the disciplinary inquiry should have been interfered with by the state government, even if the inquiry officer was technically incompetent to have ..... order of disciplinary authority for any of the specified infirmities, then alone is the state government empowered to interfere in appeal under section 81 of the act. incompetence of an inquiry officer, the principal and singular ground of attack, is not one of the circumstances/grounds on which appellate scrutiny is available ..... by the state government by the impugned order could be sustained within the contours of the appellate power vouchsafed in section 80(2)(c )of the act viz., interference where the order appealed against is 'perverse or arbitrary'. alternatively, it is contended that apart from the appellate power consecrated to the state .....
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