Court : Andhra Pradesh
Reported in : 2001(6)ALD408; 2001(6)ALT79a
..... effective on the issue of a permit to the state transport undertaking in respect of that area or route. 9. the corresponding chapters in the motor vehicles act, 1939 were chapters iv and iva.10. a route may be nationalised in terms of the provisions of the act. a detailed procedure had been laid down therefor in the said ..... .scheme of nationalisation:8. control of transport vehicles is provided for in chapter v of the motor vehicles act, 1988 (for short 'the act') which inter alia contains provisions relating to necessity for permits and grant of stage carriage permit. chapter vi of the act contains special provisions relating to state transport undertakings. section 104 of the act reads thus ..... act. a draft scheme may be modified or approved in terms of! section 100 of the act. when a route is nationalised in terms of chapter vi a private operator may .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD767; [2002(92)FLR964]
..... termination of service is disproportionately heavy in relation to misconduct and exercised its discretion, this court in the absence of any important legal principle would not undertake to re-examine the question of adequacy or inadequacy of material for interference by labour court. we are, therefore, disinclined to interfere with the ..... ) ltd. v. bharat fritz werner (p) ltd, : (1990)iillj226sc , management of hindustan machine tools ltd. bangalore v. mohd usman, : (1983)iillj386sc and rajnagar textile mills v. dahyabhai mohibhai diwan, 1995 (1) llj 957 and state of mysore v. manche gowda, air 1964 506.8. the learned counsel appearing on behalf of the ..... to employees in case of sickness, maternity and employment injury-and to make provision for certain other matters in relation thereto. section 3 of the act provides for establishment of employees' state insurance corporation. section 59 provides for establishment and maintenance of hospitals etc., by corporation. sections 64 and 73 read .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD560; 2001(5)ALT749; [2001]107CompCas342(AP)
..... exemption cannot be extended beyond what was allowed in terms of the amendment to the epf act, 1952. hence, the only question that arises for consideration is as to whether a company which is a sick industrial undertaking can claim the benefit of the provisions of section 22(1) in respective of the dues ..... conditions, which have been prescribed. even the amendment to the epf act, 1952 took into consideration the position of a sick industrial undertaking, the extent of the immunity which has been conferred upon such undertaking with reference to provident fund dues under the act, must be confined to what has been legislated by parliament. thus the ..... expressly permitted by the specified authorities until the notification for the revival of the industrial undertaking is finally determined. in short, the apex court held that the provisions contained in sica, 1985 would prevail over the state financial corporation act, 1951. 9. a similar view was taken in another judgment in gram panchayat v .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALT315
..... in many villages.22. since kolleru lake is a fresh water lake, it is not covered by crz notification and, therefore, there is no prohibition for undertaking prawn culture in the lake area. for several years the inhabitants of the bed and belt villages sustained heavy losses on agriculture and they started converting agricultural lands ..... have been prevented both by reason of the aforementioned notification as also the decisions of the apex court. under the provisions of the environment act, water act and the wild life act and the decisions of the apex court, the state government was under an obligation to see that the environment and the ecology of the ..... become devoid of it and even in sanctuaries and national parks the protection afforded to wild life needs to be improved. the wild birds and animals protection act, 1912 (act 8 of 1912) has become completely outmoded. the existing state laws are not only out-dated but provide punishments, which are not commensurate with the offence, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD56; 2001(5)ALT52
..... be commenced after the expiration of a period of three years from the date of such offence.13. the above provision was amended by the army (amendment) act, 1992 (central act no.37 of 1992) and after amendment sub-section (1) reads as under :122. period of limitation for trial :--(1) except as provided by sub- ..... system necessarily interferes or encroaches upon the human rights and fundamental rights guaranteed under part hi of the constitution of india as well as protection of human rights act, 1993, textual interpretation must lean in favour of the accused/offender. sri k.m. saxena, learned counsel for the first appellant pressed this settled principle of ..... under rule 22 of the rules. person aggrieved would also mean the commanding officer, who is competent to impose punishments as contemplated under chapter vii of the act otherwise than after conviction by court martial.23. we may passingly observe that the law of limitation in criminal jurisprudence should be interpreted strictly. as the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(4)ALD245; 2001(3)ALT718
..... in clear cases. (iii) the courts may be readier to invalidate bye-laws passed by commercial undertakings under statutory power, although cases reported during the present century suggest that the distinction between elected authorities and commercial undertakings, as explained in kruse v. johnson, might not now be applied so stringently. (iv) ..... that the roadworthiness of the vehicles has been certified by automobile research association of india that the same conforms the provisions of the motor vehicles act as also the central motor vehicles rules. after satisfying about roadworthiness and compliance of all requirements thereunder, all registering authorities have also issued a ..... police, ahmedabad and another, : [1973]2scr266 , held that - (a) having regard to the phraseology used in section 21(1)(b) of the said act, regulation would not include prohibition, (b) before issuing the afore mentioned notification, the commissioner of police ought to have given an opportunity of hearing to the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD578; 2001(3)ALT114
..... co-operative function, in an environment free from interference and control. 3. the cabinet sub-committee apart from considering various reports of the experts is also undertaking extensive consultation process to elicit views, suggestions from experts and people associated with the co-operative sector. 4. the government therefore of the view that ..... 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 ..... 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 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2001)ACC760; II(2002)ACC337; 2001(3)ALD235; 2001(2)ALT532
..... v. regional transport officer, : air1988sc2047 , the apex court held that despite publication of a scheme under section 68-c of the 1939 act proposing to nationalise contract carriage service wouldnot be an impediment for grant of permits under section 63(6) thereof in respect of the routes covered by the scheme ..... to passengers.newspaper parcels,unaccompanied parcels and postal mail bags will be permitted in additiontopassengers and their personal luggage.11.any other information thestate transport undertaking desires to submit.----------(by order and in the name ofthe governor of andhra pradesh) dilsukhram jointsecretary to government.g.o ms. no.179, ..... number6 (b) minimum number2 (c) typesaloon (d) seating capacity495.maximum and minimum numberof trips to be performed in each route by the state transport undertaking tothe exclusion, complete or partial or otherwise of other persons.the following number of tripsare proposed to be performed to the complete exclusion of other personsexcept .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD537; 2001(2)ALT521
..... to educational system in the slate of andhra pradesh for organising anddeveloping the educational system and to provide for matters connected therewith or incidental thereto. the said act applies to all educational institutions and tutorial institutions of the state except those specified in sub-section (3) of section 1. it is not in dispute ..... , the government may, by notification, constitute any officer or class of officers or any teacher or class of teachers appointed or deemed to be appointed under this act into an educational service for the state. (2) upon issue of a notification under sub-section (1), the government shall have power to make rules to ..... v. a. rajappa, : (1978)illj349sc , approved the rule of construction stated by denning, l.j. while dealing with the definition of 'industry' in the industrial disputes act, 1947. the definition is so general and ambiguous that beg, c.j. said that the situation called for 'some judicial heroics to cope with the difficulties raised'. k. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD217; 2000(6)ALT1
..... 2000. reliance is placed on sub-sections (5), (6) and (8) of section 23. section 14 (1) of the act and clause (3) of the second transfer scheme read with the definitions of 'distribution undertaking, 'distribution business', 'assets' and 'effective date' contained in the said scheme.48. it may be mentioned that the same ..... iii), dated 31-3-2000 the state government in exercise of powers conferred by sections 23 and 24 of the reform act, more particularly section 23(5), notified a 'second transfer scheme' for vesting of the distribution undertakings of the ap transco together with properties, rights, interests, distribution functions, contracts, agreements, licenses etc., in the ..... tariff proposals.54. coming to the second transfer scheme, clause 3.1 thereof lays down:'3.1. transfer of distribution undertaking to apdistco-i (1) on and from the effective date, without any further act (s) or things(s) to be done by the state government, aptransco, apdistcos, the personnel, or any other person .....
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