Court : Andhra Pradesh
Reported in : AIR1991AP249; 1991(1)ALT383
..... dismissed the writ petition filed by the petitioner, wherein the petitioner prayed for a writ of mandamus or any other appropriate writ or direction to the railway authorities and the government of andhra pradesh represented by the chief conservator of forests, to accept the consignment of rosa extract perfume (otherwise as rosa oil) booked by the petitioner from nampally railway parcel office to the state of maharashtra by exercising the authority vested in them instead of illegally refusing to accept the consignments ..... 77b of the indian railways act (second schedule). ..... 77b of the indian railways act. ..... it is the common case that the item in dispute is not covered by sub-clause(2) or sub-clause, (3) of s.2(g) of the act, that is to say, it is not covered by the 2nd and 3rd categories.12. ..... manufacturing process in the factory and the sandal-wood oil cannot be obtained straight from the tree and, therefore, sandal-wood oil cannot be brought within the fold of forest produce as defined in section 2(g) of the act and consequently it does not require transit permit.14. ..... it is submitted that neither the andhra pradesh forest act nor any other law in force prohibits the sale of rosa oil or its transport.7. ..... sri noushad all, the learned counsel for the appellant, submits that the product in dispute, though prepared from rousa grass, is not a 'forest produce' within the meaning of s.2(g) of the act and thus it is not a forest produce, for purposes of the act and the rules.11. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD211; 2002(4)ALT788; [2002(95)FLR786]; (2002)IIILLJ741AP
..... the answer to the question referred to above, has to be found in clause (a) of section 2 of the industrial disputes act; if (i) the central government company/undertaking concerned or any undertaking concerned is included therein eo nomine, or (ii) any industry is carried on (a) by or under the authority of the central government, or (b) by a railway company; or (c) by a specified controlled industry, then the central government will be the appropriate government; otherwise in relation to any other establishment, the government of the state in which that other establishment is situated, will be the ..... before embarking upon the said question, it will be apt to advert to the definition of 'appropriate government' as given in clause (a) of section 2 of the act, which is quoted hereunder: '(a) 'appropriate government' means, -(i) in relation to any industrial disputes concerning any industry carried on by or under the authority of the central government or by a railway company or concerning any such controlled industry as may be specified in this behalf by the central government or in relation to an industrial dispute concerning a dock labour board established under section 5-a of the dock workers .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP36
..... it is also necessary to refer to section 25 and the particular sub-section appropriate to the present ease is sub-section (1) of that section which is as follows: 'where there is a contract for the sale of specific goods or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of disposal of the goods until certain conditions are fulfilled. ..... ramamurthy has questioned the legality of the levy in regard to two periods alone -- the first period ending with 1-1-1948 on which date the amended section 2(h) of the madras general sales tax act (amended by the insertion of a new explanation by madras act xxv of 1947) came into effect and the period starting from 26-1-1950 and ending with 31-3-1950. 4. ..... the first of them is that the railway receipt is taken out not in the name of the customer but in the name of the plaintiff, the consignor. ..... the railway receipt together with a hundi drawn for the amount mentioned in the patti is sent through a local bank at anakapalle to a bank at the customer's place with instructions to the latter that the railway receipt should be delivered to the consignee only on receipt of the amount for which the hundi was drawn. ..... where the order is placed through a representative who comes to anakapalle, the plaintiff's place of business, he examines the goods, and is present when they are weighed, packed and loaded in the railway wagon at anakapalle railway station. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1958]9STC761(AP)
..... it is also necessary to refer to section 25 and the particular sub-section appropriate to the present case is sub-section (1) of that section which is as follows :'where there is a contract for the sale of specific goods or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of disposal of the goods until certain conditions are fulfilled. ..... ramamurthy has questioned the legality of the levy in regard to two periods alone - the first period ending with 1st january, 1948, on which date the amended section 2(h) of the madras general sales tax act (amended by the insertion of a new explanation by madras act xxv of 1947) came into effect and the period starting from 26th january, 1950, and ending with 31st march, 1950.4. ..... the first of them is that the railway receipt is taken out not in the name of the customer but in the name of the plaintiff, the consignor ..... the railway receipt together with a hundi drawn for the amount mentioned in the patti is sent through a local bank at anakapalle to a bank at the customer's place with instructions to the latter that the railway receipt should be delivered to the consignee only on receipt of the amount for which the hundi was ..... the order is placed through a representative who comes to anakapalle, the plaintiff's place of business, he examines the goods, and is present when they are weighed, packed and loaded in the railway wagon at anakapalle railway station. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(5)ALT665; (2010)ILLJ117AP
..... the following manner:(e) 'industrial establishment' means-(i) an industrial establishment as defined in clause (ii) of section 2 of the payment of wages act, 1936, or (ii) a factory as defined in clause (m) of section 2 of the factories act, 1948, or(iii) a railway as defined in clause (4) of section 2 of the indian railways act, 1890, or(iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen, or;' insofar as the state of andhra pradesh is concerned, a new clause (v) has been ..... proviso to sub-section (3) of section 1 conferred power upon an appropriate government to apply the provisions of the act to any industrial establishment where even less than hundred persons may ..... mandamus for declaring the standing orders certified by the 1st respondent for the 2nd respondent establishment as ultra vires and illegal and for setting aside the order passed by the 2nd respondent on 25.6.2008 transferring the 1st petitioner in terms of such standing orders.2. ..... provided for transferring the 1st petitioner to any other unit and hence, it has also been taken care of by the certified standing orders and hence no exception need be taken to the order of transfer passed on 25.6.2008 insofar as the 1st petitioner is concerned ..... extent, the relief sought for declaring the order dated 25.6.2008 as illegal cannot be entertained.30 ..... by an order passed on 25.6.2008, the 1st petitioner has been transferred to one of it's units coming .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1989)IILLJ312AP
..... clauses (a) to (d) of section 10(2) were satisfied and in those circumstances, while leaving the central government to take action under section 10, their lordships thought fit to restrain the southern railway from employing contract labour and directed that the writ petitioners should be employed by the southern railway departmentally and in case the central government did not take a decision under section 10 within six months, the writ petitioners should be absorbed in the southern ..... sub-clause (1) of section 12 states that with effect from such date as the appropriate government may, by notification in the gazette, appoint, no contractor to whom this act applies, shall undertake or execute any work through contract labour except under and in accordance with a licence issued in that behalf by the ..... , their lordships considered the question whether a writ of mandamus could be issued directing the central government to abolish the contract labour system in the southern railway and observed that they were refraining from doing so in as much as section 10 required the central government to consult the central board. ..... the central government to take appropriate action under section 10 in relation to the catering establishments and pantry cars in the southern railway within six months. ..... a conditional order that if the central government did not finally decide the question within six months, the said railway will absorb the writ petitioners into their service and regularise the same. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1990AP294
..... it is clear that certain portions of thesite which were to be handed over to therespondent were occupied by the railway inconnection with its own work; the agreementbetween the parties was that as soon as therailway vacated its occupation, the site shallbe handed over to ..... respondent addressed several letters to the appropriate authorities in this behalf, but ..... it is well settled that an arbitrator, while making his award, has to act in accordance with law of the land, except in a case where a specific question of taw is referred ..... finding of the arbitrator that the contract was not rendered ineffective in terms of section 56 of the contract act due to abnormal rise in prices of material and labour. ..... reliance was placed upon section 55 of the contract act, and the several terms and conditions of the agreement, including clauses 58 and 59 of the andhra pradesh detailed ..... we are, therefore, unable to say that the arbitrator acted contrary to, or outside the terms of contract in allowing the said claim.we shall now take up the main ..... clause 59, the contractor is precluded from claiming any compensation on account of delays or hindrances arising from any cause whatever, including those arising on account of the acts or omissions of the departmental authorities.....'.23. ..... the contract act does not enable a party to a contract to ignore the express covenants thereof, and to claim payment of consideration for performance of the contract at rates different from the stipulated rates, on some .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP86; [1961]12STC31(AP)
..... territory of india or of the export of the goods out of such territory, or (b) except in so far as parliament may, by law, otherwise provide, after 31-3-1951, in the course of inter-state trade or commerce, and the provisions of this act shall be read and construed accordingly.explanation: for the purpose of clause (a) (i) a sale or purchase shall be deemed to have taken place in the state in which the goods have actually been delivered as a direct result of such 'sale ..... though the power to tax a sale was really a power to tax a transaction of sale and a law imposing such tax would be competent if any of the ingredients of sale had taken place within the state, the madras act had, by its definition of 'sale' in section 2(h) prior to the enactment of explanation 2, imposed a tax only when the property in the goods passed within the state, and that in respect, of sales which had ..... goods to places outside the state, in certain cases showing themselves both as consignor and consignee and in some others merely as consignee, the consignor being, shown as either the buyers or the third parties.railway receipts were obtained and were taken to the buyers, the endorsement was made in their, favour and full amount specified in the invoices was received ..... 's lien or his right of stoppage in transit.not only that property in the goods passed to the vendee but also the goods were placed within his reach inside the state itself to enable him to appropriate the same at will without let or hindrance .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP23; [1958]9STC54(AP)
..... we are also unable to agree with the contention of the government pleader that these cases fall within the purview of section 23 of the sale of goods act which reads :'(1) where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property ..... the fact that the railway receipt is again handed over to the seller to ensure repayment of the money before the goods are delivered to the buyer would not constitute the seller the owner of the goods, the only right of the seller in such a case being to enforce equitable lien on the articles.if on the other hand the seller books the goods to self the appropriation can be said to have been effected only when ..... were not responsible for any loss or leakage on the way and that the purchaser should bear the losses, and that the creditor was debited with the bill amount on the date of the railway receipt as admitted by the plaintiff are relevant in the determination of the question as to when the title to the goods passed. ..... the buyer cannot obtain delivery of the goods so long as he does not obtain the railway receipt from the bank by honouring tha hundies drawn on him.the situation will be different if the railway receipt is taken in the name of the buyer because the title to the goods vests by that in the buyer .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(5)ALD280; 2000(5)ALT308
..... appeal, the supreme court held that material produced by the railways did not show that the railways acted unfairly in holding the payment of the contractor and the high court was not justified in directing railways to make the payment and leaving open to the party to move appropriate forum. ..... this does not however debar the court from granting the appropriate relief to a citizen under peculiar and special facts notwithstanding the existence of an alternative ..... earlier, initially, f&f; rock was estimated at 119 cubic metre, but in actual execution it came to 6,94,824 cubic metre.the chief engineer also suggested for constitution of appropriate committee to assess the situation and settle the issues. ..... it ruled that in assailing the action of the public authority the onus is entirely on the petitioner to establish that the state acted in a manner contrary to the provisions of article 14 of constitution of india as there is always a presumption that the governmental action is reasonable and in ..... other hand, the learned additional advocate-general submits that the petitioner cannot seek any relied under the contractual obligation and that he has to approach the appropriate forum under the terms of the agreement. ..... point of time, the superintending engineer found that if the amount is paid @ 126/- per cubic metre the amount would be enormous, therefore, brought it to the notice of the government to take appropriate action and to constitute an appropriate committee in that regard. .....
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