Court : Andhra Pradesh
Reported in : 2003(2)ALD221; 2003(2)ALT470; (2003)IILLJ857AP
..... state of facts exists as well as the jurisdiction, on finding that it does exist, to proceed further or do something more. when the legislature are establishing such a tribunal or body with limited jurisdiction, they also have to consider whatever jurisdiction they give them, whether there shall be any appeal from their ..... under sub-section (3) or where permission for retrenchment is deemed to be granted under sub-section (4), every workman who is employed in the establishment immediately before the date of application for permission under this section shall be entitled to receive, at the time of retrenchment, compensation which shall be equivalent ..... arbitrary action on the part of the management. whether an instrumentality of the state should be created or continued only for providing employment without any redeeming commercial or economic purpose is an area of economic and public policy. the constitution posits no linear obligation on the executive obligating a particular social or economic .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD398; 2003(1)ALT182
..... a notification issued under the a.p. urban areas development act. had the land been shown in the master plan as falling within municipal limits and intended for any use, commercial or residential, and had the petitioners society concealed this fact before the mandal revenue officer, the situation would have been different but that is not the case. throughout the proceedings ..... retroactivity but also in express terms it saves the previous operation of that ordinance.20. in kesavlal, the appellant was sued for a decree in ejectment in respect of a shop at ahmedabad and for rent in arrears and additional taxes. the trial court dismissed the suit for eviction and passed a decree for arrears of rent. the decree was confirmed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT657
..... the conventional court system. the government of india having regard to various opinions and recommendations decided to adopt new arbitration law, which would be based on model law on international commercial arbitration established by united nations commission on international trade law (uncitral). accordingly repealing 1940 act, 1996 act, which also includes provisions of conciliation, was enacted on 16.01.1996. this came .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]110CompCas193(AP)
..... own or appointed dealers all over the south for marketing the spare parts. to my mind the capital invested by him is not sufficient even to establish one wholesale shop at madras leave about other places. in the light of the above factual position, the question that falls for consideration of the court would be, whether ..... an authorised capital of rs. 5,00,000 to give the business adequate capital base ; (4) the serious and methodical way he seems to be going about establishing a marketing organization lends further credibility. it is useful to extract preliminary evaluation of this firm.client : s r m t limited assignment/dealership : evaluation of applications ..... be supplemented through evidence. mere lack of details.in the pleadings cannot be reason to set aside concurrent finding of facts'.172. in mir niyamath all khan v. commercial and industrial bank ltd. : air1969ap294 , a division bench of this court held that 'normally the court will not grant the relief to the plaintiff on a case .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(6)ALD582; 2005(6)ALT364
..... these distinctions, based predominantly on the caste divisions have therefore legitimized caste-based identification of backward classes in the hindu community. long, historically established and finding mention in the constituent assembly debates, the caste insularities of the hindu collective have justified classifications on caste basis. the judicial ..... commissionerate made the following observations.economic development: the occupational profile of muslim minorities revealed that about 45% of muslims are engaged in petty business activity like pan shops, tarkari vendors, flower, fruit vendors, kirana, chai dukan etc., around 40% muslims are engaged in service activities like automobile repairs, watch sales & ..... 4%.the study revealed that most of the muslims are engaged in petty business activity (viz., pan shop, chai dukan, selling of fruits and flowers, as labourers in engineering work shops, watch servicing and repairs of radio & t.v. etc.,) in addition as rural artisans. the study .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT42
..... appeal against the interlocutory orders either granting temporary injunction under order 39 rules 1 and 2 or refusing the same. passing off action is sought to be established by various means viz., deceptive similarity, prior user of mark, distinctive and secondary meaning, household name for the product, generic meaning acquiring reputation and goodwill ..... . in ellora industries, delhi v. banarasi dass goela : air1980delhi254 , the learned single judge held thus:'the purpose of tort of passing off is to protect commercial goodwill; to ensure that people's business reputations are not exploited. since business 'goodwill' is an asset, and therefore/species of property the law protects it ..... the plaintiff and the defendant, he was led to believe that the plaintiff and the defendant are the same. he stated that if a servant goes to the shop it is difficult for him to distinguish one from the other.'acquiescence / delays / laches:61. in hindustan pencils pvt. ltd. v. india stationery products co. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1973AP387
..... contain general provisions governing jurisdiction of courts, while explanation a i and ii embody special provisions for determining the forum in certain cases. then they applied the well established principle of construction that a general rule has to give way to a special or a particular rule.27. the proper function of an explanation to a section ..... not appear clearly from the provisions of the section. as observed by the supreme court in burmah shell oil storage and distributing co. of india ltd. v. commercial tax officer : [1961]1scr902 it would be an error to explain the explanation with the aid of the section because that would be reversing their roles. further. ..... office of necessity connotes the idea of some administration. then again the learned judges had observed that the warehousing corporations act of 1962 did not provide for the establishment by it, of any branches of subordinate offices. but when we see that in section 3(2) the act provided that the head office of the central .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALT257
..... is further stated that the petitioner company is a scheduled industry as specified under the industries (development and regulation) act, 1951 and was basically established to commercialize new technology. in view of the fact that the entire loans given were under consortium, the independent action under section 13(4) of the ..... the constitution of india.4. certain preliminary submissions are made which are as under:(i) it is stated that the idbi was a statutory corporation established by the industrial development bank of india act, 1964. by virtue of the industrial development bank (transfer of undertaking and repeal) act, 2003 (hereinafter ..... notice to the company under the act for recovery of theirdues.the representative of the company submitted that the company was incorporated in 1997 to commercialize the newly developed processed technology for manufacture of magnesium aluminates spinel (mas) developed by the international advanced research centre for power metallurgy and new materials .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1988AP361
..... these actions, either under the survivals' statute or wrongful death statutes or common law, the burden is always on the claimants/relatives or dependents of the deceased or injured to establish not merely of the cause of death or accident or the negligence or breach of duty statutory or otherwise, but also resultant deprivation of their support, etc. the fatal accidents ..... necessary measures to avoid the damages or that it was impossible for him/them to take such measures; in such an eventuality the burden shifts on to the injured to establish that either the carrier or the servants or the agents have not taken all necessary measures to award damages. sub-rule (2) of rule 22 relieves the carrier of his .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1984AP75
..... positive interest. it presents, therefore, a case for the application of a long known and well established principle in social science, and this statute simply extends the law so as to meet this new development of commercial progress. there is no attempt to compel these owners to grant the public an interest in their ..... of the act of 1918 and there is no major change in the policy except necessitated constitutional bifuncation of legislative powers between the parliament and ht establishments legislatures. therefore the circumstances prevailing in 1918 should alone be taken into account to adjudge whether the legislature intended to give power to the rule-making ..... property, but to declare, their obligations, if they use it in this particular manner. it matters not in this case that these plaintiffs in error had built their warehouses and established their business .....
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