Court : Andhra Pradesh
Reported in : 1954CriLJ1093
..... of the war and existing in the transition from war to peace. accordingly the defence (transitional powers) act 1946-49, to the extent to which it purported to continue the regulations in force until 31st december, 1950, is not authorised by the defence power and is invalid.their lordships further observed; what provided the constitutional ..... are sovereign enacting authorities as regards the subjects assigned to them by their constitutions. i need cite only the case of - 'bhola persad v. emperor' air 1942 pc 17 (z14), where it was laid down that indian legislatures within their own sphere have plenary powers of legislation as large and of the ..... prevention and detention in custody of persons suspected of being hostile. there was provision for prohibiting or regulating matters relating to explosives, inflammable substances, vessels, air-craft, wireless telegraph etc. all this clearly proves that it was essentially a war measure. it gives precedence to rules made under the regulation over other .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP7; [1960]39ITR636(AP)
..... become dissolved at the end of 1358 fasli that is, even before the assessment proceedings were started.7. section 44 of the indian income-tax act as it stood and was in force at the relevant time ran as follows:'44. where any business, profession or vocation carried on by a firm or association of persons has been ..... (ap) and : air1960ap23 the question arose as to whether the word 'assessment' in section 44 comprehends penalty. at pages 216-217 (of itr); (at p. 26 of air) it was observed as follows:'it is because the acceptance of the theory that the word ''assessment' comprehends penalty was beset with difficulties, and the madras high court has pointed ..... business from 7-10-1944 and dissolved their association after the close of that account year. notice under section 34 of the act was served on one of the partners, viz. kumaraswami chettiar, in march 1950 i. e., long after the dissolution of the association. that member returned the notice saying that the business was being managed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP483
..... and partner ltd. v. governor general in council, ilr 1948-2 cal 265 where the decision in air 1945 mad 184 was followed. the learned judges held that except under section 39 of the arbitration act, 1940, no appeal lies against any order under the act and to that extent the right of appeal given by clause 15 of the letters patent of ..... jurisdiction of a single judge. but it is common ground that on the date when sanjeeva row nayudu, j. heard the appeal it was the unamended rule that was in force, which prescribed that a single judge may hear and determine appeals from original decrees, where the value of such appeals did not exceed rs. 7,500.20. the learned judge ..... or if they are in excess of the powers conferred thereunder or if they contravene the provisions of other enactments, they are pro tanto ultra vires. otherwise they have the force of law and are binding on all the judges of the court as held by a full bench of the madras high court in district magistrate, trivandrum v. m. mappillai .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP216
..... appeals from original decrees, and notwithstanding anything to the contrary to any enactment for the time being in force, as appeal shall only lie in any proceedings under this act to the high court from the award or from any part of the award, of the court and ..... referred to by a later full bench of the same high court in chikkanna chet-tiar v. perumal chettiar, ilr (1940) 'mad 791: (air. 1940 mad 474) (fb), and it was held 'that the interpretation 'put upon the decision of the privy council in t.b. ramachandra rao ..... is neither a decree nor an order.32. the decision in bagavathi doss bavaji v. sarangaraja lyengar, ilr 54 mad 722 : (air 1931 mad 586) has no direct bearing, as in that case the special officer was the chief judge of the court of small causes ..... of the full bench of the madras high-court in manavikraman tirumalpad v. the collector of the nilgiris, ilr 41 mad 943: (air 1919 mad 626). in that case, a question arose whether an-appeal to the high court lay under clause 15 of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP539
..... is called an usufructuary mortgage and the mortgagee an usufructuary mortgagee.'ex. d-2 and ex. p-5 were executed in 1927 that is before the amending act came into force. each of these two mortgage deeds provides that the mortgagee was to pay only a portion of the rent and profits with the result that he could in ..... dispute that no notification under section 117 was issued in the state making any provisions of chapter v applicable to agricultural leases.9. in umar pulavar v.. dawood rowther, air 1947 mad 68 it was held to the following effect : (head note) 'section 111(f) as amended in 1929 embodies a principle of justice, equity and good conscience ..... telling him that the lease has been determined..... considerable reliance was placed by mr. daphthary on the decision of chandrasekhara aiyar, j. sitting singly in the case of air 1947 mad 68 wherein the learned judge said that section 111(f) as amended in 1929 embodied a principle of justice, equity and good conscience and must be held .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1977)IILLJ227AP
..... materials for, or the distribution or sale of the products of, the factory or establishment; but does not include-(a) any member of the indian naval, military or air forces; or(b) any person so employed whose wages (excluding remuneration for overtime work) exceed live hundred rupees a month;provided that an employee whose wage (excluding remuneration for ..... soft drinks, but also to sell them. hence, the sales-depot is a past of the factory owned by the company, (2). after the amendment act xliv of l966, which came into force on 22th january, 1968, all the employees is the sales depot, who are in charge of distribution and sales of the products of the company, ..... the petition and urging that the employees in the sales-depot at vijayawada come within the amended definition in sub-section (9) of section 2 of the act, as per act xliv of 1966. according to the amended definition any person employed for wages on any work of or connected with the administration of the factory or establishment .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1975]35STC285(AP)
..... intendment of the act is to consolidate and amend the law relating to the regulation of purchase and sale of agricultural produce, live-stock and products of live-stock and ..... 5 and 11 of the sales tax act read with item no. 77 of the first schedule to that act, and their application to the facts of the present cases.9. the markets act which was passed by the state legislature and received the assent of the president on 18th november, 1966, came into force on 29th november, 1966. the ..... incurred therefrom before the commencement of the present act.11. by virtue of the rule-making powers conferred on the state government under section 33, the governor of andhra pradesh has made the andhra pradesh (agricultural produce and livestock) market rules, 1969 (hereinafter called the rules), which came into force on 17th october, 1969. as many as .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1976]102ITR19(AP)
..... was executed on october 28, 1972. it was registered on november 16, 1972. but on november 15, 1972, section 269c of the income-tax act came into force providing for the acquisition of immovable property transferred for an apparent consideration which the competent authority has reason to believe is less than the fair market value of ..... of its registration and, therefore, the sale in favour of the petitioner was untouched by section 269c of the income-tax act. sri anjaneyulu relied on kalyanasundaram pillai v. karuppa mooppanar sadei sahu v. chandramani dei, air 1948 pat 60 thirumagaral mudaliar v. muruga pillai : air1960mad55 and adaikappa chettiar v. kumbakonam city union bank ltd. : ..... section 47, to have been completed on january 31, 1946. the view that we have taken of section 47 of the registration act seems to have been taken in tilakdhari singh v. gour narain, air 1921 pat 150. we believe that the same view was expressed in naresh chandra dutta v. girish chandra das : air1936cal17 and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1979]117ITR278(AP)
..... before the registering authority got the sale deed registered on november 16, 1972. chapter xx-a was introduced in the act and it came into force on november 15, 1972, the competent authority under chapter xx-a of the act, viz., the iac, income-tax, issued a notice under section 269c dated may 18, 1973, calling upon the ..... no application to the sale deed. in support of this contention, mr. anjaneyulu relied upon several rulings, viz, kalyanasundaram pillai v. karuppa mooppanar , sadei sahu v. chandramani dei, air 1948 pat 60, union bank ltd. v. mst. ram rati : air1954all595 , basant lal v. bala misra : air1958pat312 , thirumagaral mudaliar v. muruga pillai : air1960mad55 and rm. ar ..... 47, to have been completed on january 3,1, 1946. the view that we have taken of section 47 of the registration act seems to have been taken in tilak-dhari singh v. gour narain air 1921 pat 150. we believe that the same view was expressed in naresh chandra dutta v. girish chandra das : air1936cal17 and gobardhan .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1983]53CompCas269(AP)
..... constitution of india, by article 395, repealed the govt. of india act, 1935, together with all enactments amending or supplementing it. the 26th day of january, 1950, is referred in article 394 'as the commencement of this constitution'. as per article 372, all the law in force in the territory of india before the commencement of the constitution including the ..... law contained in the motor vehicles act, 1939, was continued as in force subject to its being altered or ..... vehicle to be driven in any public place at a speed exceeding the maximum speed fixed for the vehicle by or under this act or by or under any law for the time being in force : provided that such maximum speed shall in no case exceed the maximum fixed for the vehicle in the eighth schedule. section .....
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