Court : Andhra Pradesh
..... tenancy of the writ petitioner was continued by force of law, it is trite, his possession should be protected by virtue of the provisions of the tenancy act. in other words, without dispossessing the writ petitioner from the lands in accordance with law, it is impermissible for the appellant-trust to dispossess the writ petitioner ..... even if the 1st respondent had claimed that the tenancy was only till 1998, he has to be evicted in accordance with the procedure contemplated under the act. he therefore, allowed the appeal filed by the 1st respondent and dismissed the cross objections filed by the petitioner.8. aggrieved thereby, the petitioner has filed ..... consequential permanent injunction cannot be granted.7. challenging the same, the 1st respondent filed a.t.a no.109 of 2001 before the appellate authority under the act. the petitioner also filed cross objections. the appellate authority confirmed the finding of the primary tribunal that the 1st respondent is a tenant of the petitioner but .....
Tag this Judgment!Court : Andhra Pradesh
..... the court. therefore, in the instant case, the learned trial court rightly drew presumption against the appellant-accused as aforesaid under section 20 (1) of the act and the appellant-accused failed to displace the said presumption by showing the circumstances, which probablise his version. the conviction and sentence passed by the learned trial ..... legal presumption against the accused to the effect that the accused as accepted the bribe amount as motive or reward as mentioned in section 7 of the act and then the burden shifts on the accused to rebut the presumption. the burden required for discharging the presumption may not be of the standard of ..... 1 coupled with the other circumstances, considered the receipt of amount as voluntarily acceptance of bribe by the appellant drew a presumption under section 20 of the act convicted the appellant for the graft charge and sentenced him to punishment as mentioned hereinabove. 6. the point therefore which arise for consideration in the present .....
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..... : sri v.v.n.narasimham : ?cases referred: nil. judgment: (per k.g.shankar, j.) the appellant resisted the petition laid by the respondent under section 9 of the hindu marriage act, 1955, seeking for the restitution of the conjugal rights. the husband contended that there was no jural relationship of husband and wife between him and the respondent. the trial court .....
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..... order passed by the commissioner of central excise, visakhapatnam which was passed after filing of an application before the settlement commission under section 32e of the central excise act and was declared as "non est" by the settlement commission is valid in law. (b) whether the decision of the tribunal in holding that the ..... or any court: provided also that no application under this sub- section shall be made for the interpretation of the classification of excisable goods under the central excise tariff act, 1985 (5 of 1986)" section 32f states as follows: "section 32f: procedure on receipt of an application under section 32e. -- (1) on receipt of an ..... addition to the powers conferred on the settlement commission under this chapter, it shall have all the powers which are vested in a central excise officer under this act or the rules made thereunder. (2) where an application made under section 32e has been allowed to be proceeded with under section 32f, the settlement commission shall .....
Tag this Judgment!Court : Andhra Pradesh
..... (5th cited) division bench of hon'ble kerala high court has considered several decisions and finally concluded that in a claim under section 163-a of the act, negligence is absolutely irrelevant. it has further observed that as negligence is irrelevant, consequently, contributory negligence is also irrelevant. the above decisions make it crystal clear ..... company ltd( 7th cited) a division bench of this court observed that the general rule of proving rash and negligent driving to claim compensation under motor vehicle act was diluted by introduction of section 163-a. in shahazadi bee v. managing director, apsrtc (6th cited) also a division bench of this court observed ..... accident and having given such finding, the tribunal is not justified in holding that the claimants are not required either to plead or establish the wrongful act or negligence and accordingly fastened liability on third respondent-insurance company. he has argued that where the third respondent is not liable to indemnify the .....
Tag this Judgment!Court : Andhra Pradesh
..... . aggrieved by the death of the deceased, the wife and parents of doppalapudi sida rao filed o.p.no.117 of 2001 under section 166 of the motor vehicles act, 1988 (the act, for short) and the rules thereunder claiming compensation at rs.10,00,000/-. the wife, the minor daughter and the parents of v.radhakrishna murthy laid o.p.no ..... .317 of 2001 under section 166 of the act claiming compensation at rs.10,00,000/- for the death of v.radhakrishna murthy.3. the eyewitness to the accident was examined as p.w.3 in o.p.no .....
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..... cum-additional labour court has exceeded its jurisdiction in entertaining the application made by the appellants herein under section 33 c (2) of industrial disputes act, 1947 (for short 'the act') and 2) whether the voluntary retirement scheme notified by the respondents herein vide circular no.1947/per.v-2/89 dated 03.09.1996 cover ..... benefit when the said benefit is under dispute. it is further contended that voluntary retirement scheme applies even to a workman appointed on casual basis as the act makes no distinction between a permanent employee and a temporary employee. on the other hand, the learned counsel for the federation would contend that the learned ..... claimant and the claim for differential amount under scheme is in dispute, the tribunal could not have entertained the application under section 33 c (2) of the act. 12 further, as observed by the learned single judge, the appellant having subjected himself to the terms of the scheme and having accepted the benefits under the .....
Tag this Judgment!Court : Andhra Pradesh
..... cum-additional labour court has exceeded its jurisdiction in entertaining the application made by the appellants herein under section 33 c (2) of industrial disputes act, 1947 (for short the act) and 2) whether the voluntary retirement scheme notified by the respondents herein vide circular no.1947/per.v-2/89 dated 03.09.1996 cover ..... benefit when the said benefit is under dispute. it is further contended that voluntary retirement scheme applies even to a workman appointed on casual basis as the act makes no distinction between a permanent employee and a temporary employee. on the other hand, the learned counsel for the federation would contend that the learned ..... claimant and the claim for differential amount under scheme is in dispute, the tribunal could not have entertained the application under section 33 c (2) of the act. 12 further, as observed by the learned single judge, the appellant having subjected himself to the terms of the scheme and having accepted the benefits under the .....
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..... -a ipc against the respondents/a2 to a6. if technically viewed, pendency of a case under section 498-a ipc is not bar for initiation of proceedings under the pwdv act. but the court is under a duty to examine and find out whether the complainant has been trying to repeatedly involve all the relatives of her husband in criminal cases ..... /state.3. the petitioner smt. buravilli siva madhuri filed a case under the provisions of the protection of women from domestic violence act, 2005 (for short ''pwdv act") seeking various reliefs against them under sections 18 to 22 of the act in d.v.c.no.4 of 2009 before the iii metropolitan magistrate, visakhapatnam. the first respondent is the husband of the .....
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..... . 16. the order dated 30.9.2002 of the assistant provident commissioner and competent authority under section 7a of the employees provident fund and miscellaneous provisions act, 1952, has been passed after hearing both the petitioner and drda. findings have been given in the said quasi judicial order, after considering the evidence ..... that their management had not extended provident fund benefits to them and sought a direction from the authorities under the employees provident fund and miscellaneous provisions act,1952 for extension of provident benefits to them. the petitioners contended that hampi is mainly sponsored by the drda, that it is under the direct ..... fund commissioner, employees provident fund sub-regional officer, guntur, that hampi and drda are different and the provisions of the employees fund and miscellaneous provisions act,1952 are not applicable to hampi and hampi was handed over to the liquidator to take further action. 14. i have considered the submissions of both .....
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