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Pannalal Lahoti Vs. State of Hyderabad

Court : Andhra Pradesh

Reported in : 1954CriLJ1093

..... void and of no effect;(b) a declaration that the said act to the extent, if at all, to which it purports to authorise the making of the said amendments to the said regulation is beyond the powers of the commonwealth parliament and is void and of no effect and that the said amendments to the said regulations are void and of no effect accordingly; and(c) a declaration that the said amendments to the said regulations and the ..... it is clear that in america, australia and canada, the executive government seeks the protection of the commonwealth whose duty it is to protect every state against invasion and domestic violence, and it is only then that the commonwealth declares an emergency and ..... any matter the character of which had been changed by the war, or with any problem which had been created or aggravated by the war, then the result would be that the commonwealth parliament would have a general power of making laws for the peace, order and good government of australia with respect to almost every ..... interpretation of a completely self-governing constitution, founded upon a written organic instrument such as the british north america act, & the constitution of the commonwealth of australia if the text is explicit, it is conclusive alike in what it directs and what it forbidsso also in - 'south australia ..... .74. in australia section 119 of the constitution is in the following words:the commonwealth shall protect every state against invasion and on the application of the executive government of .....

N. Balaraju and ors. Vs. the Hyderabad Municipal Corporation Through t ...

Court : Andhra Pradesh

Reported in : AIR1960AP234

..... the dried fruits act 1928-35 of the parliament of the commonwealth of australia as also the regulations made under that act which had prevented the appellant, who was a grower and processor of dried fruits in the state of south australia from sending his dried fruits out of south australia in fulfilment of various inter-state contracts, which he had made.disagreeing with the view of the high court of australia, their lordships held that the dried fruits act. ..... the act and the regulations made thereunder either prohibited inter-state trade entirely if there was no licence or partially prohibited it if a licence was granted in accordance with the act and, as such, violated section 92 of the commonwealth of australia constitution act, the purpose of which has already been set out. ..... it may be mentioned here that section 92 of the commonwealth of australia constitution act is similar to article 301 of the constitution.16. ..... referring to the observations of lord porter in commonwealth of australia v. ..... commonwealth of australia, 1936 ac 573.12. .....

Tumati Rangayya Etc. Vs. the State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : AIR1978AP106

..... commonwealth of australia, 58 clr 618, dixon j. ..... (3) even in the absence of intention, a conflict may arise when both state and commonwealth seek to exercise their powers over the same subject-matter. ..... in the two australian cases on which shri choudary relied, the high court of australia took the view that the question whether the legislature would have made the particular law, with which they were concerned, had it known that it would be valid in part only, was entirely problematical ..... (2) though there may be no direct conflict, a state law may be inoperative because the commonwealth law, or the award of the commonwealth court, is intended to be a complete exhaustive code. ..... he said,'when a state law, if valid, would alter, impair or detract from the operation of a law of the commonwealth parliament, then to that extent it is invalid. ..... commonwealth, 67 clr 413 at 418-9. .....

Challa Ramkonda Reddy and ors. Vs. State of Andhra Pradesh by District ...

Court : Andhra Pradesh

Reported in : 1990ACJ668; AIR1989AP235

..... , of the high court of australia held that the commonwealth was liable in tort for damages and that the widow of parker could bring in the suit for damages for the negligent acts or omission of the members of the royal australian navy.37. ..... the commonwealth of australia, 112 clr 295 (aus) two ships of the royal australian navy, viz. ..... thus, even in advanced countries like england, united states and australia the trend and tendency is to whittle down the rigour of sovereign immunity and pave a smooth andsailing way for laying actions against the government for torts suffered or injuries caused to the citizens at the behest of ..... his widow brought an action against the commonwealth for damages on the basis that her husband's death was caused by the negligence of the officers and crew of the ships of the commonwealth. ..... to have a reference to the law in australia on this doctrine of sovereign immunity, it is to be seen that in parker v. .....

Sakinala Hari Nath and ors. Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 1993(3)ALT471

..... applying the aforesaid tests, the privy council ruled that the board of review established under the income-tax assessment act, 1922-25 of australia is not a court but only an administrative tribunal, empowered by law, to review the decisions of the commissioner of income-tax who is not a judicial authority, but an executive.27. ..... in australia, by section 71 of the commonwealth of australia (constitution) act, 1900, judicial power is vested in the high court of australia (highest federal supreme court) and in such other federal courts as parliament may create. ..... in some of the constitutions like the united states and australia, judicial power is specifically vested in courts. ..... of australia v. .....

Bellapu Nageswar Rao Vs. the Government of A.P., Rep. by Its Principal ...

Court : Andhra Pradesh

..... reference in this connection may be made to the observations of lord porter in commonwealth of australia v. ..... for their lordships do not intend to lay it down that in no circumstances would exclusion of competition so as to create a monopoly either in a state or commonwealth agency or in some other body be justified. .....

Pannalal Lahoti Vs. State of Hyderabad

Court : Andhra Pradesh

Reported in : 1952CriLJ1740

..... so far as the constitution of australia is concerned the parliament of the commonwealth of australia has both exclusive and concurrent powers though there is no separate list enumerating the concurrent powers. ..... the state parliament may legislate on any subject not exclusively assigned to the powers of commonwealth but in case of inconsistency the law of commonwealth should prevail.in so far as the provisions relating to the distribution of legislative powers of the indian parliament and the state legislatures are concerned the scheme of the arrangement relating to distribution of powers is on the same lines as that ..... it is by constitution that some of the powers of the commonwealth have become concurrent. .....

G. Narasimha Murthy Vs. District Collector and ors.

Court : Andhra Pradesh

Reported in : 2006(3)ALD370; 2006(3)ALT433

..... we do not propose to recite the somewhat chequered history of the australian decisions in respect of which lord porter, after a review of the earlier cases, said in commonwealth of australia v. ..... held that whereas in the united states of america and in australia, the judicial powers is vested exclusively in courts, there is no such exclusive vesting of judicial power in the supreme court of india and the courts subordinate to it. .....

Ramanama Sankirthana Sangham and ors. Vs. Government of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2006(1)ALD468; 2006(2)ALT18

..... commonwealth of australia 1997 146 aus lr 126 it is stated:moreover, when a discretionary power is statutorily conferred on a repository, the power must be exercised reasonably, for the legislature is taken to intend that the discretion be so exercised. .....

Varanasi Lakshmi Vs. State Bank of India, Rep. by Its Branch Manager a ...

Court : Andhra Pradesh

Reported in : 2007(4)ALT25

..... commonwealth of australia (58 clr 618) and accepted by our court in its full bench judgment reported in rangayya v. ..... dixon j, explained the meaning of ''inconsistency' in the above mentioned australian case, in the following words:when a state law, if valid, would alter, impair or detract from the operation of a law of the commonwealth parliament, then to that extent, it is invalid.applying that test, it appears to me that the madras proviso must be taken to have been inconsistent with the parliamentary law enacted in order 21, rule 90, civil procedure code, clearly the .....