Court : Andhra Pradesh
Reported in : 1992(2)ALT135
..... in the amendments made to the produce cess act, 1966, any duty of excise levied under the vegetable oils cess act, 1983 immediately before its repeal, but had not been collected before such repeal, shall be liable to be collected as if the cotton, copra and vegetable oils cess (abolition) act had not been enacted. ..... that it was mentioned in the memorandum in which the provisions of the finance bill 1986 were explained, that it had been decided to dispense with the levy and collection of cess on vegetable oils and that the ministry of agriculture will take appropriate action in this regard. ..... of the petitioners that section 13 of the cotton, copra and vegetable oils cess (abolition) act, 1987 is violative of articles 14 and 21 of the constitution of india is liable to be rejected in view of the provisions of law referred to above and the facts and circumstances of the case. ..... the minister on the floor of the house, if the parliament makes a law which may not have given full effect to the promise made by the minister in his budget speech, on no valid ground can the law made by the parliament be held to be either unreasonable or otherwise invalid ..... if a liability to pay cess had been created under a valid law, such law cannot be said to interfere with the fundamental right of a citizen ..... finance in the budget speech is only an indication of the policy of the government and it does not operate as an estoppel against the parliament to make law contrary to the statement made by the minister. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1986AP52
..... became entitled to the said office and in view of the andhra pradesh (andhra area) proprietary estates' village service and the andhra pradesh (andhra area) hereditary village offices laws (repeal) act 16 of 1969 which came into force on 22-5-1969 the office ceased to be hereditary and somamma died on 16-12-1969 and under those circumstances the parties must work out ..... (andhra area) inams abolition act 37 of 1956 on service inams (2) the effect of andhra pradesh (andhra area) proprietary estates' village service and the andhra pradesh (andhra area) hereditary village offices laws (repeal) act 16 of 1969 on ..... act,- (a) any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of this act shall cease to have effect with respect to any matter for which provision is made in this act; (b) any other removal of doubts it is hereby declared that nothing contained in this act shall be deemed to affect the provisions of any law for the time being in force providing for the prevention of fragmentation of agricultural ..... agricultural land' were omitted in the corresponding entry 5 of list iii in the constitution so that a uniform law of succession can be passed by the parliament and hence the comprehensive law enacted under the hindu succession act so far hindu are concerned prevails over any other law ..... act, 1935 was schedule vii, list iii entry 7 which reads : 'wills, intestacy and succession, save as regards agricultural .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(4)ALD91; 2000(3)ALT703
..... a corporation aggregate has been defined as a collection of individuals united into one body under a special denomination, having perpetual succession under an artificial form, and vested by the policy of the law with the capacity of acting in several respects as an individual, particularly of taking and granting property, of contracting obligations and of suing and being sued, of enjoying privileges and immunities in common, and of exercising a variety of political rights, ..... of a charitable institution or which was given, endowed or used as of a right for any charitable purpose shall be deemed to be a charitable endowmentwithin the meaning of this definition, notwithstanding that before or after the commencement of this act, the charitable institution has ceased to exist or ceased to be used for any charitable purpose or the charity has ceased to be performed.explanation ii:--any inam granted to a service holder or to an employee of a charitable institution for ..... subba reddy's case (supra) insofar as it purports to apply section 75 of the endowments act, 1987 in order to negate the claim of the lessee in that case does not lay down the correct land and we further clarify that the provisions of the tenancy act do apply to the leases of the agricultural lands belonging to or held by the charitable institutions/ endowments, we shall not be understood to have expressed any view as regards the ..... abolition and land reforms act as 'lawfully ..... 1966 act was repealed by the act of 1987.but .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(3)ALT316
..... holding an inam or a share therein, either for his own benefit or in trust and includes the successor in interest of an inamdar, and- (i) where an inamdar is a minor or of unsound mind or an idiot, his lawful guardian; (ii) where an inamdar is a joint hindu family, such joint hindu family), (section 4), kabize-e-khadim (as defined in section 2(1)(e), 'kabize-e-khadim' means the holder of inam land, other than an inamdar, who has been ..... the property; that, the revenue records have not been mutated and in the revenue records, name of the original inamdar was reflecting; that, conducting of a discreet enquiry is a valid enquiry under law; that, the respondents 3 and 4 or their father, are nothing to do with the land in question; that, father of the respondents 3 and 4 is not an inamdar nor they are ..... agricultural, lands act, 1950 (act xxi of 1950), (section 7) and non-protected tenants (as defined in section 2(1)(g), 'non-protected tenant' means a tenant other than a permanent tenant or a 'protected tenant'), (section 8) are five categories of persons, who can be registered as occupants as per section 10 of inams abolition act ..... (telangana area) abolition of inams act, 1955, was enacted, repealing the act, 1955. ..... : 2006(2)ald621 wherein it is held thus:having regard to the precedential conflict on the question as to the availability of a revisional remedy to this court under section 28 of the act, i consider it appropriate to consider the present revision as one under article 227 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(6)ALT472
..... a-6, which reads as follows:it is hereby notified that it has been finally decided by the revenue department under sub-section (4).inams deputy tahsildar, chittoor, under sub-section (4) of section 3 of the andhra inams (abolition and conversion into ryotwari act, 1956)(andhra act xxxvii of 1956), that the land specified below:(iv) is an inam land(v) is in ryotwari vil(vi) is not held by an institution scheduledistrict : chittoortaluk : chandragirivillage : tirumaia__________________________________________________| t.d. no. so. no. ..... in the said division the lands described in a and b schedules were not divided since the land covered by 'a' schedule was un-reclaimed and only the produce from the trees was being enjoyed and a portion of which was also converted as grave yard of tallapaka family members, but no material placed to prove that the grave yard situated in this property was that of ..... state legislature passed the endowments act in 1966 after repealing the act of 1951 and subsequently the act 30 of 1987 was brought into force by repealing the act of 1966.5. ..... moreover, section 3 of the government grants act postulates that:all provisions, restrictions, conditions and limitations over contained in any such grant or transfer as aforesaid shall be valid and take effect according to their tenor, any rule of law, statute or enactment of the legislature to the contrary notwithstanding.31 ..... they have no legal title and they were not in lawful possession in their own right as inamdars. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD73
..... consequent upon the judgment of the apex court in p.a.inamdar's case (2 supra) dated 12.8.2005 an amendment was issued to g.o.ms.no.16 dated 25.2.2004 through g.o.ms.no.8 dated 4.2.2006 among other things to redefine the expressions 'eamcet-ac', 'convenor seats' and 'management seats' so as to fall in line with the dicta of the apex court that there shall not be any seat sharing between the government ..... the admissions shall be made in the order of merit on the basis of the ranking assigned in eamcet/eamcet-ac as per rule 5/sub-rule (7) of rule 12 of the andhra pradesh common entrance test for entry into engineering, pharmacy, agriculture, medical and dental courses rules, 2004 ..... admissions/convenor of eamcet-ac admissions, as the case may be, depending upon the option exercised by the institution as per sub-clause(4) of clause (a) in rule 11 of the andhra pradesh common entrance test for entry into engineering, pharmacy, agriculture, medical and dental courses rules, 2004 ..... minority professional institutions both contemplate that the admissions shall be made through common entrance test held by the state or its agency as per a.p.common entrance test for entry into engineering, architecture, pharmacy, agricultural, medical and dental courses rules, 2003 (ie. ..... the rules under g.o.ms.no.59 are neither beyond the permissive regulatory authority available to the government under act 5 of 1983 nor violating the law declared by the apex court in t.m.a pai foundation case or p.a.inamdar's case.10. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1975AP58
..... as it may, in consultation with the central warehousing corporation, determine; to run warehouses, in the state for the storage of agricultural produce, seeds, manures, fertilizers and agricultural implements; and to arrange facilities for the transport of agricultural produce to and from warehouses and act as an agent of the central warehousing corporation or of the government for the purpose of the purchase, sale, storage and distribution ..... (1) the agricultural produce (development and warehousing) corporation act, 1956 and (2) the food corporation of india act, 1964, as the act made by the state legislature encroaches upon the legislative power of the parliament, which has exclusive power to make laws with respect to matters enumerated in the union list and as such, the ..... shall, within a notified area, set up, establish or use, or continue or allow to be continued, any place for the purchase, sale, storage, weighment, curing pressing or processing of any notified agricultural produce or products of livestock or for the purchase or sale of livestock except under and in accordance with the conditions of licence granted to him by the market committee: xx xx xx (2) .............. (3) ..... act repealed the andhra pradesh (andhra area) commercial crops markets act, 1933 and the andhra pradesh (telangana area) agricultural market act ..... are not available the collection of the fee or cess at the rates specified in the impugned notice is illegal ..... muttuswami goundan, 1940 fcr 188 = (air 1941 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2007)ACC361; 2006ACJ2287; 2006(4)ALD530
..... 12; or(e) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions:provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal, and in the case of an order other than an order such as is referred to in clause (b), unless the amount in dispute in the appeal is not less than three hundred rupees: ..... contained in sub-section (1), nothing in this code shall be deemed to limit or otherwise affect any remedy which a landholder or landlord may have under any law for the time being in force for the recovery of rent of agricultural land from the produce of such land.104. ..... in the same way, sub-section (2) of section 39 of the arbitration act 1940 prohibited a second appeal from an order passed in appeal under that section, but ..... a situation, if permitted to emerge, would amount to an indirect amendment, and in extreme cases, repeal, of, other enactments, through the sole mechanism of incorporating a non-obstante clause, in other enactments; ..... abolition of letters patent appeals) (amendment) act ..... abolition of letters patent appeals) act ..... though the amendment act, 1999 received the assent of the president on december 30, 1999, the same was not enforced apparently because of the stiff opposition by the members of the legal fraternity who were primarily agitated against the abolition of the intra court appeal against the orders passed by the single judges .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT431:AIR2009NOC2482(A.P)(F.B).
..... the provisions of the agricultural produce marketing regulation act as prohibiting the abolition of a market once established and bar the transfer of the market to another place would, as we said, be to defeat the very object of the act. ..... referred (9) supra) while dealing with issue of levy and collection of market fee on cattle notified as agricultural produce and specified under animal husbandry products under the provisions of bihar agricultural produce markets act 1960, held that though in the normal connotation cattle may appear to be not an agricultural produce it needs to be given effect unless the legislature lacks competence and once agricultural produce had been identified in the schedule they are liable or levy and collection of market fee and it ..... ,) observed that the word 'supersede' in law means, 'obliterate, set aside, annul, replace, make void or inefficacious or useless, repeal' and held that when statute says the certificate shall supersede report, it means that report stand annulled or obliterated and ..... when the matter was carried to the supreme court, by order dated 28-3-2006, the supreme court remanded the matter for fresh consideration while making it clear that the interim order granted shall continue till the disposal of the matters by ..... bombay environmental action group : (2006) 3 scc 434 : air 2006 sc 1489 and promoters & builders ..... 4484/2000 dated 28-3-2006, the apex court observed:.the dispute related to the question whether after deletion of 'ghee' in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006CriLJ3988
..... manufacturers/distributors/vendors who resort to adulteration which not only affect the health of the general public, and the farmers, but also impact, adversely, agricultural production.section 13(2) of the prevention of food adulteration act and section 16(2) of the seeds act:- failure of the accused to make an application to the court to send the sample for analysis to the central laboratory-consequences thereof:40. ..... or by hand) to the local (health) authority a report of the result of such analysis in form iii : provided that where any such sample does not conform to the provisions of the act or these rules, the public analyst shall (send by registered post or by hand) four copies of such report to the said authority: provided further that the public analyst shall forward a copy of ..... facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. ..... 1991 cri lj 1418 was held in prabhu 1994 air scw 2649, as not to run counter to the consistent law laid down by the supreme court that no, prejudice could be inferred where the accused does not avail the remedy ..... and matha venkateswara rao 2002 cri lj 2891, held that the prosecution in these cases could not be proceeded with and, by order dated 8.3.2006, quashed the proceedings. ..... buchanan (1940) 2 all er .....
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