Court : Andhra Pradesh
Reported in : 1993(1)ALT119
..... the first issue to be determined is as to whether the insurance scheme covers the crop loan in question for the period concerned and as to whether the place where the crop loan was disbursed is a drought affected area and as to whether the petitioners had suffered on account of the said drought and that consequently, they are not liable to re-pay the crop loan, but the respondents have to ask the insurer for the repayment of the said crop loan. ..... as the petitioners dispute their liability to re-pay the loan amount on account of the fact that they are fully insured and that the insurer is liable, it is for the respondents to raise a dispute under section 61 of the act, so that arbitration proceedings are initiated and are decided under section 62. ..... these are the issues that cannot be setlled by me as they need fact finding and the said fact finding is not within my purview and the said fact finding is yet to be made by the proper authority. ..... at issue, is the validity of the action of the respondents in seeking to collect the amounts towards loans and that too by applying coercive methods. ..... the respondents, if they so choose, can initiate proceedings for arbitration under the provisions of the co-operative societies act by seeking for reference in that regard against the petitioners claiming realisation of crop loan amounts.2. ..... until this procedure is adopted,, the respondents are not entitled to pounce upon the petitioners and apply coercive methods like attachments etc. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : III(2004)ACC592; 2006ACJ1341; 2004(3)ALD658; 2004(4)ALT304
..... the passengers and the rsrtc as regards the safety of the passengers and that the vehicle in question has been in actual control of the rsrtc for the purpose of running on the specified route and that the driver of the bus who was the employee of the original owner of the offending vehicle has to act under the control of the corporation for operation of the bus on the routes specified by the rsrtc and finally in view of the definition of the owner enjoined under section 2(19) of the old act, 1939 the apex court interpreted giving wider connotation as the person who has the actual possession and control of the vehicle and under whose directions and ..... commands the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1987AP166
..... an exhaustive consideration of all the provisions of the forest (conservation) act, the division bench held as follows :-'it is thus clear, on a reading of the act and the rules, that with effect from the date of coming into force of the act, neither the state government nor any other authority is entitled to permit any forest land or any portion thereof to be used for any non-forest purpose except with the prior approval of the central government. ..... may clarify that no applicant has a vested right for renewal and it is only when the authorities are satisfied that the application is in order and is in conformity with the act and the rules and is of the opinion that renewal should be granted they should seek the prior approval of the central government.16. ..... be gainsaid that breaking up the soil or clearing of the forest land affects reafforestation or regeneration of forests and such activity can only be permitted after taking into consideration all aspects of the question such as the over all advantages and disadvantages to the economy of the country, environmental conditions, ecological imbalance that is likely to occur, its effects on the 'flora and the fauna' in the area. ..... 795 of 1985 is not correct.however, the rejection of the renewal application by the respondents on the ground that the forest (conservation) act prohibited grant of lease altogether within the reserve forest area is ..... it was thought that the entire control of forest areas should vest in the central government. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(3)ALT57
..... in this case, no other custom other than the custom applicable to hindus, has been proved and on the other hand the witnesses have not spoken to with regard to the rites and ceremonies like datta homam and saptapadi, while performing the marriage on 24-12-1985. ..... if the second marriage is proved that it has been validly performed as per the conditions laid down under the hindu marriage act and as per the custom, then only the question of punishing the accused under section 494 i.p.c. ..... void marriages: any marriage solemnized after the commencement of this act shall be null and void and may, on a petition presented by either parry thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clause (i), (iv) and (v) of section 5.'6. ..... when the marriage is itself void under clause (i) of section 5 of the hindu marriage act, the question of finding about the validity of the marriage and the same is being performed, according to hindu rites or not is not necessary. ..... therefore no offence under section 494 ipc has been made out because the second marriage itself is a void marriage by virtue of the provisions of sections 5 and 11 of the hindu marriage act. ..... hence, the status of a lady whose marriage was found to be not valid under the provisions of the hindu marriage act can only be treated as 'concubine' or a 'kept mistress'. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1993AP257
..... prepare and submit a detailed report to the central government within eight weeks from the dale of receipt of the copy of the judgment and on receipt of the report, the central government shall consider the same, having regard to the provisions of the water (prevention and control of pollution) act, 1974, the air (prevention and control of pollution) act, (981, the environment (protection) act, 1986 and the industries (development and regulation) act, 1951 and pass appropriate orders in relation to the establishment of the mechanised slaughter-house (abattoir) at rudraram village, patancheru mandal, medak district, within eight weeks from the date of the receipt of the ..... are: (1) buffaloes to be slaughtered shall be subject to anti-mortem and post-mortem examination by the concerned authorities; (2) only old and useless buffaloes shall be slaughtered and, for this purpose, their production and processing shall be subject to continuous inspection by the municipal authorities, animal husbandry and health department of the state government or any other arrangement which the central or state governmentd may evolve for ensuring this; (3) slaughter of cows of all ages and calves of cows and of buffaloes male or female, shall be prohibited; (4) factory shall .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1990P& H259; (1990)98PLR666
..... the other services such as the provision and maintenance of standard weights andmeasures, the collection and dissemination of information regarding all matters relating to crop statistics and marketing in respect of notified agricultural produce, livestock and products of livestock, schemes for the extension or cultural improvement of notified agricultural produce including the grant of financial'aid to schemes for such extension of improvement within such area undertaken by other bodies or individuals, propaganda for the improvement of agricultural produce, livestock and products of livestock and thrift, the promotion of grading services, measures for the preservation of the ..... convenient to summarise the contentions of shri sibal as follows:--(i) under the act and the rules a dealer's licence is required only lor carrying on business in the principal market yard or sub-market yard and not outside in the rest of the notified market area for these reasons;(a) the whole of the notified market area is too big an area for any effective control and supervision by a particular market committee;(b) section 6(3) read with section 10 of the act requires a licence by a dealer for doing business in the principal market yard ..... the levy has been imposed and if it is found as a result of the present exercise that the levy is valid, the petitioners cannot succeed even if it is assumed that until 1985 the committee did not in fact insist upon the petitioners obtaining the licences or paying the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP378; (1959)ILLJ544AP
..... while applying the test for determining the question, their lordships observed that it would have to be ascertained as to whether there was due control and supervision by the employer not only in the matter of directing what work the employee was to do, but also the manner in which he should do the work.it may be mentioned that in the aforesaid case it was contended on behalf of the management that the agarias were only doing piece work and they employed their own labour and paid for it. ..... the whole contention raised before the tribunal and before this court on behalf of the management is that the cartmen could not be regarded as workmen within the meaning of industrial disputes act and the dispute with regard to the wages could not come within the definition of an industrial dispute as covered by the act. ..... sarathy, : (1953)illj174sc , while observing that the order of reference made by the government was an administrative act and the court cannot, therefore, canvass the order, nevertheless held that when seeking to impugn the award it would be open to a party to show that the subject-matter of the reference was not an industrial dispute as defined in the act and that, therefore, the tribunal had no jurisdiction. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(1)ALT393
..... specifically ascertaining the stand of the petitioners, the respondent's counsel has filed a tabular form before us dealing with the objections raised by the petitioners in respect of each of the questions, the correct answers as found in the key answers and the reasons in support of the key answers.6 ..... subsequently additional affidavits were filed taking the stand that several mistakes have crept in the process of decoding at the time when the papers were sent for valuation, totalling of marks was done wrongly and some of the valuers failed to obtain proper key answers at the time of valuation which has resulted in several candidates, including the petitioners, not getting the correct marks which ought to have been awarded to ..... it is stated on behalf of the respondent that in a 'diploid', each character is controlled by a pair of genes, they are responsible for production of contrasting characters, while in 'haploid', where only one set of chromosomes are present, only one allele is responsible for a single ..... engineering and medical common entrance test rules, 1985 says that the standard of the test shall be intermediate examination conducted by the board of intermediate education established by the government of andhra pradesh in the respective ..... the .above mentioned rules were issued in exercise of rule-making power under section 3 of the andhra pradesh educational institutions (regulation of admission and prohibition of capitation fee) act, 1983 (act ..... education act, 1971 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(1)ALT101
..... the british government realised the necessity to protect the tribal population from exploitation by the advanced sections of society and also to insulate them from contact with the sophisticated sections and so the areas inhabited by them were placed outside the operation of general law; the protective measures brought by legislation for their safety and welfare are found in chapter v (excluded areas and partially excluded areas) of the government of india act ..... lord while adverting to this in his speech observed:'the reasons for the decision-maker taking one course rather than another do not normally involve questions to which, if disputed, the judicial process is adapted to provide the right answer, by which i mean that the kind of evidence that is admissible under judicial procedures and the way in which it has to be adduced tend to exclude from the attention of the court competing policy considerations which, if the executive discretion is to be wisely exercised, need ..... the grounds upon which administrative action is subject to control by judicial review, according to lord diplock, fall under three heads:(1) illegality;(2) irrationality; and(3) procedural impropriety.the learned law lord explained the three concepts in his speech:'by 'illegality' as a ground for judicial review i mean that the decisionmaker must understand correctly the law that regulates his decisionmaking power and ..... 1985 conferring the power to issue caste certificate only on the ..... the civil service, (1985 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(3)ALD2; 2004(3)ALT221
..... 7418 of 2002, while denying the claim of the petitioners and reiterating that raidurg village was escheated to the government and that the petitioners filed the writ petitions with unfounded apprehensions that the government would resort to coercive steps for evicting them, the district collector deposed as under:in regard to para 13 the averment that the collector, ranga reddy district is taking steps to dispossess the petitioner from the residential buildings, servant quarters, sheds etc. ..... 1106, revenue department, dated 6-6-1959 to conduct enquiry into the properties held by khursheed jahi paigah and asam jahi paigah under atiyat enquiry act; (iii) the nizam-e-atiyat conducted enquiry and by its order dated 28-10-1968 declared raidurg village as one of several villages escheated to the government; (iv) after 1968, chandni begumcould not claim any rights in any of the villages forming part of raidurg and the government never gave any patta assigning any numbers. ..... to prove acts of possession and show that prima facie petitioners have title, reliance is placed on the letter dated 30-11-1985 addressed by the r.d.o. ..... whenever the land is not under the direct control or management of the sovereign, the sovereign has a right to demand revenue in the shape of produce from the land. .....
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