Court : Andhra Pradesh
Reported in : (2010)27VST473(AP)
..... appropriate to refer, in juxta-position, to the provisions of section 4(9) as it originally stood and after its amendment by act 10 of 2006 with effect from 24.11.2005:section 4(9) as it originally stood section 4(9) after its amendmentby act 10/2006 ..... human consumption or drink supplies by way of or as part ofother than liquor and whether or any services or in any othernot such goods have suffered tax manner whatsoever of goodsunder the act, where such supply being food or any other articleor service is for cash, deferred for human consumption or drinkpayment, or other valuable shall pay tax at the rate ofconsideration, may opt ..... to section 2(38), was required to be excluded from the taxable turnover of the petitioner-dealers, that such sale of empty bottles was not liable to tax under section 4(3) read with item 90 of the iv schedule to the act, that, by necessary implication, packing material, as referred to in item 90 of schedule iv, did not include packing material already taxed under schedule vi and that the words 'relating to', in explanation ii to section 2(38), meant ..... , relate to a period prior to amendment of section 4(9) by act 4 of 2009 with effect from 01.05.2009, the provision applicable is section 4(9) after its amendment by act 10 of 2006 with effect from 24.11.2005. ..... its amendment by act 10 of 2006, section 4(9) ..... deleting the words 'other than liquor', by act 10 of 2006, was to bring liquor within the ambit of section 4(9) of the act. ..... by amendment act 10 of 2006. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(5)ALD294; 2008(6)ALT96
..... it is further submitted that the defendant is paying the monthly rent till today without fair and the plaintiff is collecting the rent from the defendant even after filing the above suit, which act of the plaintiff clearly indicates that the lease period is renewed for a period of another two years as orally agreed upon by the plaintiff and the defendant.it is stated by the revision petitioner in ..... . under these circumstances, non-seeking of appropriate amendment at appropriate stage in the manner envisaged by law has ..... the court always gives leave to amend the pleading of a party, unless it is satisfied that the party applying was acting mala fide, or that by his blunder, he had caused injury to his opponent which may not be compensed ..... that the suit for eviction and mesne profits had been filed on 13-11-2006 and the defendant entered his appearance on 26-12-2006 and thereafter the defendant took nearly six months time for filing ..... it may be appropriate to have a glance at the relevant portions of the written statement for the purpose of better appreciation of the contentions ..... it is further submitted that as the defendant was also one of director and any act done by the defendant unilaterally without passing resolution by the company is not binding on the company and only at the assurance of the plaintiff that the lease deed is executed formally to avoid ..... 2006 is not valid, proper and same is not in compliance of provision of section 106 of transfer of property act .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALT396
..... the parties are at issue on the publication of the notification and its substance in the newspapers and the locality as envisaged under section 4(1) of the act and i will advert to the same at an appropriate stage.5. ..... 3 issued notice under section 12(2) of the act to all the land owners, including petitioners 1 to 7 and 14 to 16 on 18-10-2006 and out of them petitioner no. ..... 2 alone received the said notice on 4-11 -2006 and the remaining petitioners refused to receive the notices and that since there is a dispute regarding the title pending in o.s.no.1 of 2002, the matter was referred to the court of senior civil judge at bhongir under section 30 of the act.15. ..... 2, who approved the same in respect of ac.145.29 guntas on 27-5-2006; and that thereupon respondent no. ..... on 27-10-2006 the petitioners filed the present writ petition, wherein they questioned notices dated 8-11-2005 issued under sections 9(1), 9(3) and 10 of the act besides seeking consequential direction to respondents 2 and 3 to exclude the lands in survey nos. ..... 3 passed award on 2-6-2006 awarding a sum of rs. ..... 28455 of 2006 filed for interim suspension of notice dated 8-11 -2005 is dismissed as infructuous. ..... on 8-11-2006 a learned single judge of this court dismissed the writ petition at the admission stage on the premise that the writ petition filed questioning the land acquisition proceedings after passing of the award is not maintainable. ..... on 27-5-2006 award was passed in respect of ac. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALD698; 2008(2)ALT515
..... petitions on the judicial side, i am directed to request all the presiding officers under the control of the high court not to address letters on the administrative side and instead, they are henceforth required to send appropriate application on the judicial side for posting them before the concerned hon'ble judge/ judges, for processing them on the judicial side.the above instructions will come into force with immediate effect.7. ..... whenever such requests are sent and acted upon the appropriate application as mentioned to in the aforesaid circular dated 11-10-2006 need not accompany any affidavit by the presiding ..... from the above, necessarily, the pointer is to the effect that such letters should be sent in the format of an appropriate application on the judicial side, which apparently is taken as an application normally filed in the due compliance of the appellate rules of practice and supported by ..... having regard to the scuttle distinction between the powers on judicial and administrative sides, which includes many ministerial acts, the latter cannot prevail over the former. ..... / 2006 dated 11-10-2006, which reads as follows:all the presiding officers under the control of the high court of andhra pradesh are aware of the procedure hitherto being ..... in the facts stated in the affidavit is prone to expose the officers to unwarranted delicate situations.the registrar (judicial) has placed before this court the relevant record that led to issuance of the circular dated 11-10-2006. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : III(2008)BC526
..... now enacted the conversion of agricultural land to non-agricultural purpose act, 2006, which clearly shows that for any agricultural land to be converted as non-agricultural land, the same would have to be done only after appropriate proceedings, declaring the conversion of the agricultural land to non ..... rate the land is not being used for agricultural purpose and, even otherwise, the petitioners are having an effective alternative remedy under section 17 of the act at the appropriate stage and, hence, viewed from any angle, the writ petition is liable to be dismissed. ..... writ of mandamus declaring the action of the respondents in issuing the impugned notice, dated 23.01.2007, under section 13(2) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, as arbitrary, illegal and violative of article 14 of the constitution of india; and consequently to direct the respondents not to take any further action pursuant to the said impugned ..... of 1958);(e) any conditional sale, hire-purchase or lease or any other contract in which no security interest has been created;(f) any rights of unpaid seller under section 47 of the sale of goods act, 1930 (3 of 1930);(g) any properties not liable to attachment or sale under the first proviso to sub-section (1) of section 60 of the code of civil procedure, 1908 (5 of 1908);(h) ..... to invoke the appropriate remedies in accordance with law, at the appropriate stage, as provided under the provisions of the act .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALD70; 2007(6)ALT518
..... . raghavender 2006 (5) ald 566 and in the context of the first proviso to section 3(1)(a) of the act, the assessment by the appropriate committee of the concerned high court is not required to be on a comparative assessment vis--vis other members of the service ..... . the right to continue in service beyond 58 years (prior to the ap act 12 of 2006) is conditional upon an evaluation and assessment by the high court and its satisfaction that such member is of continued utility for extension of service up to attaining of the age of 60 years ..... . by ap act 12 of 2006 (which received the assent of the governor on 16.10.2006 and published in the gazette on 19.10.2006, and was enjoined to come into force w.e.f ..... . 121) directing the petitioner's compulsory retirement from service w.e.f.30-06-2006 is in violation of the provisions of section 3(1)(a) of the act since the petitioner had completed 58 years of age by 14-06-2006 (according to the initial entry regarding his date of birth in the service register) ..... after setting out the chronology of events pertaining to the assessment and review of the service record of the petitioner in the context of section 3(1)(a) of the act leading to the resolution of the administrative committee at the meeting held on 30.06.2006 and the consequent issue of the impugned order by the 2nd respondent in g.o.ms. no. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007CriLJ2102
..... bharath damodar kale (supra), the apex court while dealing with a complaint filed by drug inspector, authorized under the provisions of drugs and magic remedies (objectionable advertisements) act, 1954 held as under:on facts of this case and based on the arguments advanced before us, we consider it appropriate to decide the question whether the provisions of chapter xxxvi of the code apply to the delay in instituting the prosecution or to the delay in taking cognizance. ..... was beyond the period of one year from the date of the commission of the offence, the magistrate was not competent to take cognizance in view of the bar under section 9 of the child marriage restraint act, 1929, which prohibits taking cognizance of any offence after expiry of one year from the date, on which the offence is alleged to have been committed and allowed the appeal and quashed the proceedings. 11. ..... , facts-in-brief may be stated thus: state through inspector, legal meteorology, mahabubabad filed a complaint under section 72 of the standards and weights and measures act, 1976 (for short 'the act') against the petitioner-manufacturer and another retailer alleging contravention of section 39 punishable under section 63 of the act r/w rule 6(i) (c) r/w iii schedule of the standards of weights and measures (packaged commodities) rules, 1977 (for short 'the rules') and contravention of rule 23(i) ..... through inspector, legal metrology, mahabubabad judgment of this court dt.10-3-2006 in crl.p.no.3572/20036. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD840
..... contemplated only under the circumstances enumerated under section 9(3) of the act, that the court below ought to have seen that the appellant being natural guardian is entitled to file an application at hyderabad to which place he belongs and that the proceedings for divorce were instituted in the family ..... the court below erred in entertaining the application filed under section 9(1) of the guardian and wards act, that the court below ought to have seen that the petition was filed under section 25 of the guardian and wards act and section 9 of the said act has no application to the facts of the case, that under section 9(1) of the act no family court has the jurisdiction to entertain the application and the return of the petition was ..... , the original petition filed by the husband -petitioner herein under section 6 of the hindu minority and guardianship act, 1956 read with section 25 of the guardians and wards act for the custody of the minor, was returned to him for presentation before the proper court, the husband petitioner preferred this civil miscellaneous appeal contending that the court below has erred in ..... , having regard to these facts and circumstances and the provisions of law, we are of the considered view that the court below has rightly returned the petition for presentation before appropriate court. ..... thus returned the petition for presentation before appropriate court.12. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD366
..... in bila jagan mohan reddy's case (supra), the apex court while dealing with order 13 rule 1(2) of the code, order 41 rule 27 of the code and under section 5 of the limitation act, 1963 observed as hereunder: 'it is clear from its bare reading that the parties or their counsel shall be required to produce all the documentary evidence in their possession or power which they intend to rely on to establish their ..... in the light of the foregoing discussion and inasmuch as the petitioners had not moved appropriate applications for reception of documents, an application praying for leave of the court to receive the documents and an application for reception of documents, the application filed by the petitioners in its form as such, in my opinion, is not maintainable especially, ..... disturbed in the present revision under article 227 of the constitution of india, placing reliance on madanlal's case (supra), it is no doubt true that the apex court had observed that when the documents were not produced at an appropriate stage, such documents not to be received by the court unless good cause is shown. ..... accordingly, the petitioners are given liberty to move appropriate applications for reception of the documents in question.18 ..... , in the interest of justice, while exercising the powers under article 227 of the constitution of india, i am well satisfied that it is a fit matter where the petitioners are to be given liberty to move appropriate applications for reception of the documents in question. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD581; 2004(4)ALT573
..... having regard to the significance attached to the point it is appropriate at the threshold to consider order 8, rule 1 of the code, the provision germane in the context ..... anil panjwani, : [2003]3scr1149 , considered the provisions of rule 1 of order 8 of the code as amended by the amendment act 104 of 1976 and held that the court had a discretion to permit a written statement being filed belatedly and, therefore, had a discretion also to permit a written statement containing a plea in the nature of set-off ..... enlargement of time :--where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this code, the court may, in its discretion, from time to time, enlarge such period, not exceeding thirty days in total even though the period originally fixed or granted may ..... it may be mentioned here that the amendments brought into the code under the amendment acts 46 of 1999 and 22 of 2002 when challenged were upheld by the apex court, vide salem advocate bar association, tamil ..... with that view of the matter, under the amendment act 46 of 1999, the provision was amended mandating to file the written statement within thirty days from the date of service of summons without leaving any discretion to the court ..... rule 10 has been amended under the amendment act 104 of 1976 by adding the words 'permitted or fixed ..... rule 8 as existed prior to the amendment under act 46 of 1999 conferred jurisdiction upon the court to extend time and it has not been hedged with .....
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