Court : Andhra Pradesh
Reported in : 2006(3)ALD304
..... the government. the full bench of the madhya pradesh high court in ramachandra (supra) held thus: regulations made under section 45 of the road transport corporations act, 1950 require three steps: (a) corporation must by resolution propose the regulations and send them for sanction of the state government; (b) the state government then accords ..... submit that since the board of directors have not resolved to make the regulations, after obtaining approval of the government, the regulations have not come into force, and consequently the merger of stores & purchase department with the materials department cannot be said to have been effected, in which event the question of ..... anjum m.h. ghaswala : [2001]252itr1(sc) ; and babu verghese v. bar council of kerala 1999 air scw 968). since, in the present case, the procedure prescribed under section 45 of the road transport corporation act, for making the regulations, has not been complied with, the regulations must be held as having not yet come .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(5)ALD110; 2008(5)ALT66
..... are preserved to the community. they have next considered the scope and meaning of section 77 of the madras village panchayats act, 1950, verbatim corresponding to section 85 of the andhra pradesh gram panchayat act and held that that act does not clothe the state government with power to interfere with the rights of the public. in that case the ..... is clearly illustrated by the judgment of the supreme court reported in fruit and vegetable merchants union v. improvement trust delhi 1957 scj 167 : 1957 scr 1 : air 1975 sc 344, which the learned counsel has cited before me. but, in my view section 85(1) provides a complete answer to the argument advanced by the ..... village community or any of its members of its or his liability under the andhra pradesh (andhra area) compulsory labour act, 1858 (central act 1 of 1858) or any other law similar thereto for the time being in force, in respect of any irrigation source in the village, in case the gram panchayat makes default in executing the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(2)ALT30
..... the elections and nominations of the members of the board and once they are elelcted or nominated the board will stand fully ready to function.12. since the act has come into force and the state government has made its intentions clear by issuing the notification under section 13 thereof that the wakf board shall be one as envisaged under it and ..... one of temporary duration while the later is a permanent enactment..'in a five judge bench judgment of the supreme court in n.l.- caterers ltd. v. state of punjab, air 1976 sc 1581 it has been pointed out:'the rule of construction is that where a statute provides in express terms that its enactment will repeal an earlier ..... or anything duly done or suffered thereunder. in state of punjab v. mohar singh, air 1955 sc 84 it is pointed out that section 6 of the general clauses act as is well known is on the similar lines as section 38(2) of the interpretation act of england and pointed out,'whenever there is a repeal of an enactment, the consequences .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD(Cri)886; 2003(3)ALT407; 2003CriLJ4028
..... for the petitioner submits that under section 70 of the army act the offence is not triable by court-martial. section 70 of the army act lays down;'70. a person subject to this act who commits an offence of murder against a person not subject to military, naval or air force law, or of culpable homicide not amounting to murder against such ..... a person or of rape in relation to such a person, shall not be deemed to be guilty of an offence against this act and shall not be tried by a court-martial, unless he commits ..... he shall be liable to suffer any punishment, other than whipping, assigned for the offence by the law in force in india, or imprisonment for a term which may extend to seven years, or such less punishment as is in this act mentioned.'section 69 creates an exception to section 70. what section 70 takes away from the jurisdiction of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD535; 2004(1)ALT565
B. Sudershan Reddy, J.16. The unsuccessful petitioner in W.P No. 23710 of 2003 is the appellant in this appeal preferred against the order made in the said writ petition wherein a learned single Judge of this Court upheld the order passed by the Joint Collector, Khammam, the respondent herein dated 1.11.2003 keeping the licence of the appellant herein under suspension pending enquiry.17. The appellant is a wholesale kerosene dealer of the Hindustan Petroleum Corporation Limited (HPCL). That when a tanker bearing No. AP 31T 5549 was transporting 12 Kilo Litres (KLs) for public distribution system blue dyed kerosene oil belonging to the appellant herein drawn from Kondapalli terminal of the HPCL, the Regional Vigilance and Enforcement Officer intercepted the tanker. The lorry and the kerosene were seized and the matter was reported to the Joint Collector, Khammam. We do not propose to refer to the allegations in detail levelled against the appellant herein and his defence so as to avoid ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(1)ALT745
..... of the property belonging to the government. the chargesheet is dated 22-7-1986. the charges were framed under section 52(a) of the army act, 1950 (hereinafter referred to as the act) against the two petitioners herein and also against one naik sh. shajahan as accused no. 3. for the present, this court is not concerned ..... question the general court martial proceedings is that the general court martial was conducted without complying with the mandatory requirements of rule 147 of the army rules, 1950 (hereinafter referred to as the rules) and the whole trial conducted was only an eye-wash. it is further alleged that no reasonable opportunity whatsoever was ..... prosecutor, answer by the defence counsel, and reply by judge-advocate. the court is of the opinion that the learned prosecutor and judge advocate both have acted immaturely and there appears to be personality clash and hence they are levelling unfounded and baseless allegations against each other. the court, therefore warns both of them .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(6)ALD206
..... x of 1950) now a.p. panchayat raj act, 1994 (13 of 1994) in regard to-(a) the grant of permission for the construction ..... act, 1888 (act ii of 1888) or in the andhra pradesh (andhra area) district municipalities act, 1920 (act v of 1920) now a.p. municipalities act, 1965 (6 of 1965) or in the andhra pradesh (andhra area) town planning act, 1920 (act vii of 1920), or in the andhra pradesh (andhra area) district board act, 1920 (act xiv of 1920 or in the andhra pradesh (andhra area) village panchayats act, 1950 (act .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(4)ALT392
..... whether such land or part thereof stands transferred to the protected tenant under section 38-e of the a.p. (t.a.) tenancy and agricultural lands act, 1950 (act xxi of 1950) and if so the extent of land so transferred; and such extent of land shall thereupon be excluded from the holding of such owner and included in ..... the holding of such tenant, as if the tenant was the owner of such land for the purposes of this act.(2) subject to the provisions of subsection (1), the relevant provisions of the act ..... corollary is that the certificate as issued under section 38-b is on par with the certificate that would be granted under section 38(6) of the tenancy act. conferment of absolute rights is an incidental benefit to the protected tenants under a social beneficial legislation. in these circumstances, the question of applicability of section 47 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(3)ALD726; 2006(3)ALT209
..... 10. it is undisputed fact that the writ petitioners are working as sweepers in a.e.e.s., registered under societies registration act, 1860 and also under the bombay public trust act, 1950. it is an autonomous body. the society is running various institutions in different parts of india primarily to cater the needs of ..... the appellants resisted the claim stating that 1st appellant-a.e.e.s. is a society registered under the provisions of societies registration act, 1860 and also under the bombay public trust act, 1950. it is an autonomous body. it runs various schools for the benefit of the children of the employees of department of atomic energy ..... bombay and mysore. every care has been taken while transferring of surplus employees rather than closing down the institution. the society has constrained to perform the balancing act. therefore, they prayed for dismissal of the writ petitions. 7. the learned single judge, opined that the 1st appellant-society squarely falls within the meaning of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1992AP170
..... on by :-- (i) the central government or a state government; (ii) the road transport corporation established under s. 3 of the road transport corporations act, 1950 (64 of 1950); (iii) any municipality or any corporation or company owned or controlled by the central government or one or more state governments, or by the central government ..... in this case is, therefore, indelibly linked up with the concept of providing road transport service through the state transport undertaking. therefore, we do not see much force in the submission made by the learned counsel for the petitioner, sri k.r.k. vara prasad that the term 'service' can be differentiated for the purpose ..... the supreme court pronounced by sharma, j., analysed the fundamental rights guaranteed under article 19(1)(g) in the following terms (para 27, at p. 1999 of air) :'the guarantee under article 19(1)(g) extends to practice any profession or to carry on any occupation, trade or business. 'profession' means an occupation carried .....
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