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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1980 Page 5 of about 431 results (0.242 seconds)

Sep 30 1980 (HC)

Shree Farm Chemicals Pvt. Ltd. Vs. Baba Rao Tulshiram Sande and ors.

Court : Andhra Pradesh

Decided on : Sep-30-1980

Reported in : [1983]53CompCas729(AP)

..... as follows (headnote at p. 821) : 'the court in exercising its discretion in sanctioning a scheme of compromise with members and creditors under section 391(2) of the companies act, 1956, must treat it as cardinal that its function does not extend to usurping the views of the members or creditors. it must look at ..... not mentioned in the notice, but i do not think this omission by itself is fatal to the maintainability of the petition under s. 391(2) of the act. 31. it is next contended by sri damle that unsecured creditors were not fairly represented, because the bank should be treated as a separate class ..... majority of creditors representing 3/4ths in value did not approve of the scheme, and that there is no compliance of s. 391(2) of the act. under s. 391(2), each class of creditors should approve the scheme by 3/4ths majority and then only the sanction of the court binds all the ..... , it is stated that doris (india) engineers (private) ltd., madras, did not file the authorisation as required under s. 187 of the companies act and r. 70(2) of the companies (court) rules, 1959, and its ballot paper was rejected and the value of its debt was not taken into account. therefore, ..... industries ltd., calcutta, and (4) the central scientific supplies co. ltd., hyderabad, did not file authorisations as required under s. 187 of the companies act and r. 70(2) of the companies (court) rules, 1959, and their ballot papers were rejected and the value of the debts was not taken into account. however, it .....

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Jul 14 1980 (HC)

Deccan Chronicle Vs. Employees' State Insurance Corporation

Court : Andhra Pradesh

Decided on : Jul-14-1980

Reported in : [1981(42)FLR132]; (1980)IILLJ474AP

..... to its employee in terms of the contract of employment, is treated as wage for the purposes of the employees' state insurance act. now this definition separately raises the question whether the quarterly special allowance originally agree to be paid by the management to their employees on 31st march, ..... counsel appearing for the management, has argued that this quarterly special allowance cannot be regarded as wage coming under the definition clause of s. 2(22) of the above act. this argument is that the agreement entered into between the management and the employees is merely a temporary agreement and that ..... this judgment lends support to the contention of the appellant, but, a perusal of the language of s. 2(22) would clearly show that the contention of the appellant is not well, founded. section 2(22) which is in three parts, firstly, defines 'wages' as those paid or payable 01,-pursuance of ..... the employees' insurance court below, which has found the payment of quarterly special allowance does not constitute wages within the first limb of that definition, we affirm its conclusion on the basis of our reasoning above mentioned. 8. mr. srinivasa murthy, learned counsel for the appellant, has next ..... employees are still in force and terms of the agreements are being observed by the parties thereto, throughout giving the agreements a high degree of permanency. but the management treating the payments being made to their employees under the above special allowance scheme as not not been .....

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Sep 02 1980 (HC)

Harijan Yellaiah and anr. Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Sep-02-1980

Reported in : 1981CriLJ988

..... observed (at p. 70) 'if a civil court decides the question of possession even for the purpose of giving an interim relief, the magistrate acting under section 145 should respect that decision as well.'the view taken by the mysore and bombay high courts lays down the correct guidelines for the criminal courts while ..... satisfied that the breach of peace. the magistrate however should not lightly proceed in the matter, when the same is pending in civil court. 2. during the enquiry under section 145 cr.p.c. if it is brought to the notice of the criminal court that there is an order of the civil court ..... an interim injunction was granted in i.a. no. 9 3 of 1978 and the same was made absolute on 2-12-1978. while so, the sub-divisional magistrate, nizamabad first initiated proceeding under section 107, cr.p.c. by his order of 16-12-78 and the same is said to be pending. ..... peace exists between the parties regarding the possession of these lands. these proceeding are sought to be quashed in this criminal miscellaneous petition filed on 20-2-1979. it may be mentioned here that the respondents filed an appeal in the district court against the order of the district munsif granting injunction but ..... whether an order of the civil court on the question of possession, even for the purpose of giving an interim relief, is binding of the criminal court. 2. the facts that gave rise to this question are as follows :- the lands in dispute are situated in gupta village, nizamabad district. in respect of these .....

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Jul 08 1980 (HC)

Vishnu Kumar and ors. Vs. State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Decided on : Jul-08-1980

Reported in : 1980CriLJ1361

..... on the complaint in writing of that court or of some other court to which that court is subordinate.' a plain reading of this section would show that for offences mentioned in clause (b)(ii) and (iii) of s. 195(1), cr.p.c. the court can take cognizance of those offences only when the complaint is ..... not help the respondent in this case; and in the light of the phrase 'of any offence described in s. 463' section 468 also will be hit by the provisions of s. 195(1)(b)(ii) of the code of criminal procedure. i am supported in my view by a judgment of the jammu and kashmir high court ..... .p.c. and not offences punishable under s. 468, i.p.c., because s. 468 has not specifically been mentioned in sub-clause (ii) or clause (b) of section 195(1) cr.p.c. in support of this contention mr. padmanabha reddy relied on a ruling of the supreme court reported in govind mehta v. state ..... p.c., is completely silent, the trial court was correct in taking cognizance of the offence punishable under sections 120-b and 468. so far as section 471 is concerned, mr. padmanabha reddy contends that, section 471 as mentioned in sub-clause (ii) of s. 195(1)(b) only applies to the parties to the document and to no other ..... 468 i.p.c. would also come within the category of the offence described in s. 463. so far as section 120-b, i.p.c. is concerned, mr. somakonda reddy states that s. 195(1)(b)(ii) cr.p.c. specifically provides for that offence. therefore, submits the learned advocate that so far as these offences are .....

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Mar 16 1980 (HC)

Andhra Pradesh Flying Club Vs. S.C. Saxena

Court : Andhra Pradesh

Decided on : Mar-16-1980

Reported in : (1980)IILLJ337AP

..... be fixed as the measure of damages arising out of the wrongful dismissal. these principles have been embodied in s. 73. contract act also. it is stated in that section that 'such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach.' ..... in assessing the measure of damages to be awarded to the plaintiff. in the judgment of the house of lords in beckham v. darke, [1848] 2 h.l.c. 579 (1), the principles to govern a claim for damages for wrongful dismissal in violation of an agreement for service, have been stated ..... evidence on record, the learned trial judge held (i) that, the order of termination passed by the secretary of the club is incompetent and illegal; (ii) that, the resolution of the managing committee purporting to ratify a void order is of no effect. the managing committee did not itself terminate the service ..... court framed the following three issues, viz. : '(1) whether the order of termination of services dated 28th november, 1970 is illegal, and void and inoperative (2) whether the plaintiff is entitled to any, and if so, what damages (3) to what relief 6. on behalf of the plaintiff, only one witness, namely ..... in the committee. the committee is empowered to delegate its powers, except the power to appoint and dismiss its staff members, to the executive committee. 2. the plaintiff was appointed on 1st september, 1969 as a pilot instructor on a probation of six months. after satisfactory completion of probation, he was .....

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Jul 17 1980 (HC)

B. Bhaskara Reddy Vs. Government of Andhra Pradesh and anr.

Court : Andhra Pradesh

Decided on : Jul-17-1980

Reported in : (1981)ILLJ342AP

..... is likely to embarrass - (i) the relations between the central government or the government of any state and the people of india or any section thereof; (ii) the relations between the central government and the government of any foreign state. (3) a government employee who intends to publish any document or ..... book which is not purely of a literary, artistic or scientific character, should obtain the permission of the government and contravention of that rule constitutes an act of misconduct. reliance was placed in this behalf on rules 13, 16, 17 and 19 which read as follows : (13) 'no government employee ..... fifty others were arrested and taken into custody; and, after sixteen days, served with an order of detention under the maintenance of internal security act on 10-7-1976. he was released after the proclamation of emergency was withdrawn. immediately, however, he was served with a detention order on ..... that even after his dismissal from service, he is not prevented from entertaining ideas of political dissent. it is, however, urged that the governor acted in good faith on being satisfied that his continuance in service is not in the interest of the state, and that any enquiry in this ..... 18-5-1974. he was released on bail in the year 1975 but was immediately arrested under the provisions of the maintenance of internal security act during the emergency. he was released only after the proclamation of emergency was withdrawn. the district educational officer, by his proceedings dated 19-4- .....

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Aug 20 1980 (HC)

K. Bheema Raju and anr. Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Aug-20-1980

Reported in : AIR1981AP24

..... a desideratum. after all, the state is expected to fight and win its cases and sheer patronage is misuse of power. one effective method of achieving this object is to act on the advise of the district judge regarding the choice of government pleaders.'11. we have no doubt in our minds that although the rule does not ' specifically provide for ..... administrative guidelines provided by the west godavai district revenue manual part ii is unquestionable. we do not think that the contention of the learned government pleader is well merited.12. the preamble of the law officers recruitment rules clearly says that the ..... the competent authority to appoint under rule 7 has made the appointment, and that rule 7 does not contemplate consultation with any judicial officer. according to him, as per part ii chapter 17 of the district revenue manual, the collector has to follow the administrative guidelines provided therein, and therefore, the appointment of the third respondent made after following the ..... defines 'assistant government pleader' to mean, a person appointed by the district collector to conduct cases in the courts of subordinate judges and in the courts of district munsiffs. rule 2 (iv) defines 'government pleader' to mean, a person appointed for work on the civil side in the high court of andhra pradesh or district court in any administrative court and .....

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Jul 25 1980 (HC)

Rolla Ramakrishna Rao and ors. Vs. Challagalla Brahmavathi

Court : Andhra Pradesh

Decided on : Jul-25-1980

Reported in : AIR1981AP29

gangadhara rao, j.1. this appeal is filed by the judgment-debtors questioning the order of the subordinate judge, kakinada, dismissing their petition under order 21, rule 90 c.p.c. even without numbering it, the judgment-debtors filed a petition under order 21, rule 90 c.p.c., questioning the sale of their house property on a number of grounds. the learned judge heard the counsel for judgment-debtors and held that there were no grounds to register the petition and proceed with the enquiry and rejected the petition.2. in this appeal, it is submitted by the learned counsel for the appellants that the learned judge erred in not numbering the petition and dismissing it without numbering it. it is submitted that he should have held an enquiry before dismissing the petition. we find merit in this contention. it is true that under order 21, rule 90 sub-rule (3) c.p.c. an application to set aside a sale need not be entertained upon any ground which the applicant could have taken on or before the date on which the proclamation of sale was drawn up. but, that is not the position here. therefore, it could not be rejected under sub-rule (3).3. in the result, we set aside the order of the learned subordinate judge and direct him to number the petition and hold an enquiry after giving opportunity to both the parties. accordingly the appeal is allowed, but in the circumstances of the case without costs.

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Jun 13 1980 (HC)

C. Ramaiah Vs. Mohammadunnisa Begum

Court : Andhra Pradesh

Decided on : Jun-13-1980

Reported in : AIR1981AP38

..... 4, the prohibition contained in sub-section (1) is made applicable even to transactions of the nature referred to therein in execution of a decree or order of ..... and void. in other words, any registration made after coming into operation of the act although in pursuance of an agreement of sale entered into prior to the act shall be null and void. under sub-section (2) of section 4 even a registration made in pursuance of a decree or order of a civil ..... court after the coming into operation of the act shall be null and void. therefore, there cannot be ..... therefore, the performance of the contract has become impossible and there is a frustration of the agreement of sale. under section 56 of the contract act, the contract to do an act which after the contract is made become impossible or by reason of some event which the promissor could not prevent, unlawful, ..... act by way of sale, gift, exchange etc., and declares that any such alienation shall be null and void. under the proviso however, alienation of a plot of land not exceeding one thousand square metres in extent owned by any person and not forming a part of a compact block is exempted. under sub-section (2) of section .....

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Aug 12 1980 (HC)

C. Venkata Subbaiah and Co. and anr. Vs. the State of Andhra Pradesh

Court : Andhra Pradesh

Decided on : Aug-12-1980

Reported in : [1981]47STC204(AP)

..... dealers must be established beyond reasonable doubt before the claim can be entertained. the records do not shed any light on these aspects of the matter. in the circumstances, no definite opinion can be expressed on the basis of the material on record. the ends of justice demand that the matter should be examined de novo in all its aspects by ..... ., in a sum of rs. 1,17,307.17. nearly 4 years after the order of assessment, the deputy commissioner of commercial taxes, chittoor, initiated revision proceedings under section 20 of the act. in the order dated 29th october, 1976, it is stated that the dealers did not produce any recorded evidence before the assessing authority that the coconuts and copra purchased ..... registered dealers and the goods suffered tax, he held that the assessee was the last purchaser in the state and the exemption allowed by the assessing authority was, therefore, irregular. 2. the sales tax appellate tribunal, hyderabad, before whom an appeal was filed by the assessee, observed that there was considerable force in the submission made on behalf of the assessee .....

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