Court : Andhra Pradesh
Decided on : Nov-22-2002
Reported in : 2003(2)ALT199
..... either rigorous or simple for any period not exceeding fourteen years, is unconstitutional.6. finally he contends that the power exercisable by the competent authority under section 71 of the army act, 1950 is not only ultra vires, but also takes away the right guaranteed under article 21 of the constitution. he further submitted that as per paragraph no. ..... orderd.s.r. varma, j.1. this writ petition is filed seeking a declaration that the provisions of section 71(a), (b) and (c) of the army act, 1950 are unconstitutional and ultra vires.2. the facts in brief are that the petitioner while working as a nayak, certain charges were levelled against him ..... rigorous imprisonment is disproportionate to the offence committed by the petitioner.7. the prime relief sought by the petitioner is to declare the provisions of section 71(a), (b) and (c) of the army act as unconstitutional and ultra vires. therefore, it is necessary to refer to the judgment of the supreme court in ram sarup v. union of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-24-2002
Reported in : 2003(6)ALD56; 2003(1)ALT527
..... .1987. by order dated 18.3.1991 a division bench of this court directed the appellants herein to avail statutory remedy of appeal as provided under section 164(2) of army act. this court directed the respondents to supply to the appellants the entire record of proceedings held at the court martial conducted against the appellants including the ..... and also rigorous imprisonment for one year. the general officer, commanding-in-chief, southern command and army headquarters, pune, confirmed the findings and sentence given by the general court martial on 16.3.1987 under section 154 of the army act. thereupon both the appellants filed separately two writ petitions in w.p.nos.6018 of 1987 and ..... appeal against the order dated 30.08.1995 of the learned single judge dismissing the writ petition.2. both the appellants were prosecuted under the provisions of the army act on two counts. the first count is that on 25.6.1985 the two appellants committed theft of 400 liters of petrol worth rs.2904=00. the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-11-2002
Reported in : 2002(6)ALD720
..... denying all the allegations made by the petitioners. in the original counter filed on 27-2-2002, it is stated by the respondents that an appeal lies under section 32 of the act to the executive council against the orders passed by the 2nd respondent. therefore, according to the respondents, the writ petition is not maintainable, as the petitioners ..... logic but experience. if, by the experimental test, importing the right to be heard will paralyse the process, law will exclude it. it had been said that no army can be commanded by a debating society, but it is also true that the house of commons did debate, during the days of debacle and disaster, agony and crisis ..... of the provisions, questions of constitutionality come to be decided. the court was considering the scope and content of the obligations to afford a hearing implicit in section 4 of the act. it cannot be said to have gone beyond the pale of the enquiry when it considered the further question as to the different ways in which that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-01-2002
Reported in : 2002(6)ALD548; 2003(2)ALT770
..... energy, no tax shall be levied for a period of five years from the date to be notified.' 16. the second proviso to sub-section (2) of section 3 of the act was added by section 2 of amendment act 15 of 1987 with effect from 1.4.1987 vide a.p. gazette part iv-b ext, dated 16,2.1987.'4. payment of ..... /-11morethan 11 years but not more than 12 years115/.240/-88/-655/-1115/-1190/-294/-12.more than 12 years-------17. section 3 of the act is the normal charging section. sub-section (1) of section 3 declares the liability to pay tax. sub-section (1) declares 'motor vehicle' as the 'taxable thing' and 'the use or keeping it for use' as the 'taxable event'. ..... limits, whether it is a pre-constitutional or post-constitutional law. this position is well settled by the judgments of the apex court in chiranjit lal v. union of india, (1950) scr 869, and madhu limaye v. sub-divisional magistrate, : 1971crilj1720 . in cf rao bahadur v. state of u.p., (1953) scr 1188, the supreme court held that the burden .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-06-2002
Reported in : 2002(5)ALD532; 2002(5)ALT370
..... favour of the third parties. the tahsildar validated the said alienation and sale certificates dated 18-4-1972 were issued to the purchasers under section 50-b of the andhra pradesh (telangana area) tenancy and agricultural lands act, 1950. the remaining land was partitioned between himself and his sons.6. the first defendant has its a.o.c. centre building complex in ..... ac.8-00 of land in survey no.60 out of ac.13-08 guntas in favour of those eight individuals under section 50-b of the andhra pradesh (telangana area) tenancy and agricultural lands act, 1950 (for short 'the tenancy act') vide exhibits a-49, a-52, a-56, a-60, a-61, a-62, a-64 and a-65 dated ..... that there was no ownership of land in 13 moghlai villages to the british government and the land is mostly owned by the pattedars, inamdars, jagirdars and nizam and army barracks existed in portions of the areas with permission of nizam.115. in ameer-un-nissa begum v. mahboob begum22, the supreme court while referring to the nature of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-28-2002
Reported in : 2002(2)ALD669
..... delay in preferring the revision petitions under section 90 of the act, on that count, it cannot be said that the tribunal lacked jurisdiction to entertain the revision petitions. in other words, what the learned standing counsel ..... application seeking condonation of delay is a must. this is a decision rendered by a bench of two judges. even the judgment cited by sri harinath in chief of army staff's case (supra) is also rendered by a bench of two judges. in this case also, there was an oral application for condoning delay. even if we ..... of this court in jamuna bai v. m. appa rao, : air1981ap186 , and also a judgment of the supreme court in l. naik mahabir singh v. chief of army staff, (1990) supp. scc 89, would attack the finding of the learned single judge and contend that simply because the appellant did not make separate applications for condonation of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-25-2002
Reported in : 2002(1)ALT431; 2002(1)ALT(Cri)188; 2002CriLJ1962
..... of public order. it is difficult to comprehend that the activity of the detenu has effected, in any manner whatsoever, the public order. explanation to section 2 (a) of the act says that public order shall be deemed to have been affected adversely, or shall be deemed likely to be affected adversely inter alia, if any of ..... question as to whether the alleged activities of the detenu had resulted in causing any prejudice to the maintenance of public order.it would be appropriate to reproduce section 3 of the act, which confers power to make orders detaining certain persons.3. power to make orders detaining certain persons.- (1) the government may, if satisfied with ..... therefore in the present case it cannot be postulated what view would have been taken by the detaining authority about the need to detain the petitioner under section 3 (2) of the act if he had not taken into account the stale and not proximate grounds 1 and 2 into consideration in arriving at the subjective satisfaction. we are .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-17-2002
Reported in : 2003(1)ALD40; 2003(1)ALT37
..... 2. according to the petitioners, the sports authority of andhra pradesh is the principal policy formulating body and shall have the powers and functions specified in section 4 of the act, which include approval of the sports calendar of the state, approval of the proposals received from the district sports authorities, to implement all the sports programmes ..... the instant writ petition, alleging that at the cost of public revenues, the first and second respondents are conducting the tournament contra to the provision of section 4 of the act and diverting the funds to the 3rd respondent, which is a private entity.7. before entering into the arena of controversy, it is apposite to look ..... have the power to give such directions as it may deem fit from time to time and shall also review the action of the sports authority. section 17 of the act contemplates that the sports authority, district authority and the mandal authority shall have its own funds consisting of:(a) the grants made by the state .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-16-2002
Reported in : 2002(2)ALD(Cri)332; 2002(5)ALT139; 2003CriLJ312
..... of list ii and entry 18 of list iii confers powers on the state legislature to make laws in this regard. since the powers conferred under section 7(iv) of the act is exercised by the food (health) authority, and that the state government has merely issued a notification intimating the exercise of such powers, the question ..... family welfare (l1) department dated 19-2-2002 and 27-2-20002 respectively in exercise of the powers conferred under clause (iv) of section 7 of prevention of food adulteration act, 1954 (central act 37 of 1954). the notification issued under the g.o.ms. no. 44 prohibits the sale of pan masala under any brand name with ..... in the entire state of andhra pradesh with immediate effect.g.o.ms. no. 55in exercise of the powers conferred under clause (iv) of section 7 of the prevention of food adulteration act, 1954 (central act 37 of 1954), the director (full additional charge) of institute of preventive medicine public health labs. & food (health) administration as food (health .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-13-2002
Reported in : 2002AIHC2449; 2002(4)ALT388
..... for obvious political reasons and was not a bona-fide exercise. learned counsel had also drawn my attention to different provisions of the act, in particular to section 80 of the act and had contended that prime consideration in relation to the alienation of the temple lands is the benefit of the institution and institution is ..... instructions issued by the commissioner , endowments, the executive officer also submitted proposals under section 80(1) of the act for alienation of the land in tender cum public auction to the commissioner of endowments. thereto, the commissioner of endowment issued notice m6/55717/95 ..... was prolonged and commissioner of endowment, hyderabad , at last taken a decision to sell away the lands in question by tender cum public auction under section 80 (1) of the act and requested the district collector, kurnool vide letter dated 6-6-1995 to drop further action for alienation of the land.9. in pursuance of the .....
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