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Judgment Search Results Home > Cases Phrase: assam ganja and bhang prohibition act 1958 Sorted by: recent Court: andhra pradesh Page 1 of about 1,337 results (0.191 seconds)

Aug 26 2014 (HC)

Sarvepally Srinivas Chandrakira Vs. the State of Andhra Pradesh Rep. b ...

Court : Andhra Pradesh

..... 2) brief facts are that the petitioner is the 1st accused and husband of the defacto-complainant of the above crime registered against him among other family members for the offences punishable under sections 498-a i.p.c and sections 3 and 4 of the dowry prohibition act. ..... the order now granting for return of the passport to travel beyond the country with that passport, he shall attend to the purpose for which the permission is accorded for such test being conducted on 06.09.2014 and return back the passport and for that he shall execute along with an affidavit in the form of a bond for rs.20,000/- with one surety of cash or bank deposit or property security as the case may be. ..... of the justice of law by using or misusing the passport even there is a bar under section 6(2)(f) of the indian passport act, 1967 of any person who is accused of crime in india, passport cannot be obtained and travel beyond the country without prior permission and there is a circular of the central government in gsr570, dated 25.08.1993 as per section 22 of the passport act issued by the ministry of external affairs in the public interest that by said notification exempting the citizens of india against ..... the condition of surrendering the passport of the petitioner as stipulated in the order dated 30.10.2012 in crl.m.p.no.5172 of 2012 in crime no.418 of 2012 on the file of the court of the special judicial magistrate of the firs.class for prohibition and excise, guntur. .....

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Sep 28 2012 (HC)

Rage Mounika Vs. the Collector and District Magistrate and Others

Court : Andhra Pradesh

..... prohibition act and the ..... the detaining authority, to pass an order of detention under the preventive detention law, if the detaining authority is satisfied that there is every possibility of the detenu being released on bail in the pending cases, and upon such release, the detenu would indulge in commission of similar such offences and act in a manner breaching public order or law and order, and therefore, there is every need to detain him under the preventive detention law. ..... prevention of dangerous activities of boot leggers, dacoits, drug offenders, goondas, immoral traffic offenders and land grabbing act, 1986 (hereinafter referred to as the preventive detention act), with a view to prevent the detenu from commission of similar such activities, which is resulting in plundering of national wealth, vide order dated 11.01.2012, ordered the detention of the ..... of time when an order of detention is going to be served on a person, it must be patent that the said person would act prejudicially if he is not detained and that is a consideration which would be absent when the authority is dealing with a person already in detention. ..... that before an authority can legitimately come to the conclusion that the detention of the person is necessary to prevent him from acting in a prejudicial manner, the authority has to be satisfied that if the person is not detained, he would act in a prejudicial manner and that inevitably postulates freedom of action to the said person at the relevant time. .....

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Sep 28 2012 (HC)

Rage Mounika Vs. the Collector and District Magistrate,ysr

Court : Andhra Pradesh

..... prohibition act and the ..... the detaining authority, to pass an order of detention under the preventive detention law, if the detaining authority is satisfied that there is every possibility of the detenu being released on bail in the pending cases, and upon such release, the detenu would indulge in commission of similar such offences and act in a manner breaching public order or law and order, and therefore, there is every need to detain him under the preventive detention law. ..... prevention of dangerous activities of boot leggers, dacoits, drug offenders, goondas, immoral traffic offenders and land grabbing act, 1986 (hereinafter referred to as 'the preventive detention act'), with a view to prevent the detenu from commission of similar such activities, which is resulting in plundering of national wealth, vide order dated 11.01.2012, ordered the detention of the ..... of time when an order of detention is going to be served on a person, it must be patent that the said person would act prejudicially if he is not detained and that is a consideration which would be absent when the authority is dealing with a person already in detention. ..... that before an authority can legitimately come to the conclusion that the detention of the person is necessary to prevent him from acting in a prejudicial manner, the authority has to be satisfied that if the person is not detained, he would act in a prejudicial manner and that inevitably postulates freedom of action to the said person at the relevant time. .....

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Dec 19 2011 (HC)

K. Krishna Reddy Vs. K. Rajender and anr

Court : Andhra Pradesh

..... while it is true that the admission of the signature on ex.p.1-cheque leads to the availability of the statutory presumptions under sections 118 and 139 of the act, the appellate court deeming such presumptions to have been rebutted on the facts and circumstances of the case cannot be considered unreasonable and though the story of the accused about the loss of hand bag appears artificial as opined by the trial court, the same cannot be considered to be proof of existence of a legally enforceable debt ..... the criminal appeal is directed against the acquittal of the accused for an offence punishable under section 138 of the negotiable instruments act, 1881 by setting aside the conviction and sentence imposed by xiv additional chief metropolitan magistrate, hyderabad, by the judgment dated 28-12-2006 in c.c.no.343 of 2000, by the judgment dated 08-05-2007 in criminal appeal no.21 of 2007 on the file of iii additional chief metropolitan sessions judge, hyderabad.2. ..... ex.p.1 was a post dated cheque issued on 8-9-1999 itself was totally at variance from the story in the complaint and evidence and if the return of ex.p.1-cheque by the bank on both the occasions was on the ground that the accused lost the cheque book as stated in ex.p.5, the dishonour will not be within the express language of section 138 of the act, which covered only return of a cheque unpaid by the bank because of insufficiency of funds or exceeding the arrangement .....

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Dec 19 2008 (HC)

Shri Ram Transport Finance Company Ltd., a Company Regd Under the Comp ...

Court : Andhra Pradesh

Reported in : 2009(2)ALT710

..... a reading of section 45 read with section 46(2) of the excise act and section 12 read with section 13(2) of the prohibition act would show that the act empowers the deputy commissioner of prohibition and excise to order confiscation of the money value of the vehicle if such vehicle is involved in the commission ..... clarified in section 46-d of excise act (section 13-d of prohibition act) is in addition to initiation of criminal proceedings against accused and the result of criminal proceedings as acquittal or conviction will have no bearing on the order of confiscation passed under the excise act or prohibition act when the vehicle is seized. ..... who obtained release of confiscable motor vehicle allegedly involved in the commission of an offence under section 13(2) of andhra pradesh prohibition act, 1995 (prohibition act, for brevity) is obliged to honour the bank guarantee (bg), (furnished as per the orders of the court) after lapse of some time when for obvious reasons value of vehicle seized and confiscated as per law depreciates to a lesser value than bg amount?2. m/s. ..... property confiscated shall vest in the government free from encumbrances and section 11-b of prohibition act, which is in pari materia with section 47 of excise act, provides for compounding of prohibition offences. ..... that excise act and prohibition act confer power on authorized officer to confiscate money value of excise contraband or vehicle involved in excise offence, it becomes clear by some of provisions in .....

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Jul 19 2007 (HC)

Amway India Enterprises, (a Private Company with Unlimited Liability), ...

Court : Andhra Pradesh

Reported in : 2007(4)ALT808

..... members into the scheme, whether or not such money or thing is derived from the entrance money of the members of such scheme or periodical subscriptions 17. section 3 of the act imposed a prohibition on promotion or conduct of any prize chit or money circulation scheme or enrollment as a member to any such chit or scheme or participation in it otherwise or receive or remit any money in pursuance of any chit ..... (wholesale and retail traders) in more than 80 countries all over the world and that the petitioner which is incorporated as a wholly owned company of the amway corporation of usa has introduced the said method in india like many other companies and that since the money is payable on the basis of the skill and business turnover of the distributors, the prohibition contained in section 3 of the act is ..... and submitted that even though the scheme evolved by the 1st petitioner and being implemented does not overtly replicate a scheme prohibited under the provisions of the act, a dynamic interpretation is required to be given to the provisions of the act ..... and 23-9-2003 addressed by the secretary, government of india, ministry of consumer affairs and submitted that though in the first letter a reference was made to the judgment in swapan kumar guha (1 supra) and the secretary opined that the companies dealing with direct/network/middlemen marketing do not fall within the provisions of the act, later on, he clarified that the unlawful activities ate prohibited in the act .....

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Feb 07 2006 (HC)

S. Santhanam and ors. Vs. State of A.P., Revenue Dept. and ors.

Court : Andhra Pradesh

Reported in : 2006(2)ALD566; 2006(2)ALT341

..... it will be profitable to again quote few lines from the supreme court orders, which have been quoted hereinabove -the explanation now offered by the appellants and the stand regarding non-applicability of the prohibition act as raised by the respondents have not been considered by the learned single judge or the division bench. ..... the explanation now offered by the appellants and the stand regarding non-applicability of the prohibition act as raised by the respondents have not been considered by the learned single judge or the division bench. ..... even after remand from the supreme court, the state has not relied on the prohibition act and even the learned special government pleader has conceded that no power was exercised by the collector under the prohibition act. ..... after the affidavits were filed by the state and others, after the case had been remanded by the supreme court, we did not find from the pleadings that the government had taken any action under the prohibition act. ..... in fact, the state had never taken recourse to the prohibition act, when the writ petitions were earlier decided. ..... in order to be sure whether the impugned orders were passed under the tenancy act, or under the prohibition act, the case was listed on 11-11-2005. ..... assigned lands (prohibition of transfer) act, 1977 having regard to the facts and circumstances of the case and provisions of the acts.11. .....

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Dec 22 2004 (HC)

Petakamsetty Ramaswamy Naidu and ors. Vs. Kandrupu Kondadu and ors.

Court : Andhra Pradesh

Reported in : 2005(3)ALD853; 2005(4)ALT313

..... or proceeding would be entitled to prefer an appeal against the decree or order passed therein if his assignor could have filed such an appeal, there being no prohibition against it in the code, and that accordingly the appellant as assignee of the second respondent of the mortgaged properties would have been entitled to prefer an appeal against the judgment of p.b ..... under section 146 of the civil procedure code as a person claiming under the decree-holder, even though an application for execution by him would not he under order 21 rule 16, and it was further observed that the words 'save as otherwise provided' only bared proceedings, which would be obnoxious to some provision of the code.it would follow from the above ..... that during the pendency of the said two suits, she had purchased the suit schedule properly in the year 1996 from the original plaintiff and has, thus, acquired the right of redemption of the mortgaged suit property and in the cross-suit filed seeking for specific performance of an agreement of sale based on the same acquisition of title during the pendency ..... joinder was a transferee pendente lite within the meaning of section 52 of the transfer of property act, an opportunity should be afforded to her to prosecute the suit for redemption of mortgage and the counter-suit for specific performance of the contract, her joinder in the two suits as party and prayer to bring subsequent events on record by the proposes amendment to the pleadings ought to have ..... 1958 .....

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Aug 29 2001 (HC)

V.P. Thimmaiah Vs. Commissioner of Prohibition and Excise, Government ...

Court : Andhra Pradesh

Reported in : 2001(6)ALD201

..... express or implied permission, is convicted of any offence under this act; or(d) if the holder thereof is convicted of any cognizable and non-bailable offence or of any offence under the (the narcotics drugs and psychotropic substances act, 1985 (central act 61 of 1985)) or under the medicinal and toilet preparations (excise duties) act, 1955 or under the trade and merchandise marks act, 1958 or under section 481, section 482, section 483, section 484, ..... order of cancellation of the petitioner's licence by the 3rd respondent-prohibition and excise superintendent dated 14-1-1999 as confirmed by the 2nd respondent-deputy commissioner of prohibition and excise by his order dated 4-3-1999 and the 1st respondent-commissioner of prohibition and excise by his order dated 18-6-1999, the petitioner filed the ..... relied upon by the learned government pleader for prohibition and excise, reads as under:'the licensee shall sell only duty paid (indian liquor) in sealed, capsuled bottles affixed with excise adhesive labels and manufacturers labels duly approved by the commissioner of excise as required, under these rules.it is the submission of the learned government pleader for prohibition and excise that the licence of the petitioner was cancelled ..... as noted hereinabove, is that one mangala maruthi prasad, who was the accused in crime no.47/98-99 of hindupur prohibition and excise station, confessed on 7-11-1998 that the arrack sachets which were in his possession were supplied by the petitioner .....

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Jun 08 2001 (HC)

Corporation Bank Vs. Government of Andhra Pradesh and anr.

Court : Andhra Pradesh

Reported in : [2002]110CompCas100(AP); [2002]125STC346(AP)

..... in view of section5(b), section 6(1) and section 8 of the banking regulation act, 1949, banks have specifically been created for the purpose of banking business and section 8 of the banking regulation act, 1949 creates a prohibition for banking companies to deal in buying or selling or bartering of goods. ..... in the absence of sale of securities which is prohibited by the reserve bank of india, banks could not have realised their amounts if the loan was advanced against the security in gold and the borrower did not pay the loan. ..... thereafter, considering the activities of the port trust in terms of the act and the judgments on the subject the supreme court found in paragraph 39 (p. ..... the petitioner-bank is a nationalised bank constituted under the banking companies (acquisition and transfer of undertakings) act, 1980 and is carrying on the business of banking with its head office at mangalore having several branches throughout india including branches at warangal and guntur in the state of andhra pradesh. ..... the definitions with regard to 'business' and 'dealer' come under sections 2(d) and 2(g) of the tamil nadu general sales tax act, 1959, which were amended from time to time. ..... these two communications have been challenged in this writ petition and it is submitted that the respondent-state has no power under the sales tax act to demand sales tax on the above-mentioned sales. .....

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