Court : Andhra Pradesh
Reported in : 2010(174)LC169(AP)
..... customs tariff act 1975 (the act, for brevity), was inserted by the customs tariff (second amendment) act 1992, which was substituted by the customs tariff (amendment) act 1995, with effect from 01.01.1995, which again underwent several amendments. ..... utpal kumar basu : (1994) 4 scc 711, the supreme court held:it is seen from the above that in order to confer jurisdiction on a high court to entertain a writ petition or a special civil application as in this case, the high court must be satisfied from the entire facts pleaded in support of the cause of action that those facts do constitute a cause so as to empower the ..... kalyan banerjee : (2008) 3 scc 456, this court explained the test as follows.in order to exercise jurisdiction to entertain a writ petition, the high court must be satisfied, from the entire facts pleaded in support of the cause of action, that those facts do constitute a cause so as to empower the court to decide a dispute which has, at ..... a preliminary findings has been made of subsidy or dumping and consequent injury to domestic industry; and a further determination has also been made that a duty is necessary to prevent injury being caused during the investigation: provided that nothing contained in sub-clauses (ii) and (iii) of this clause shall apply if a countervailing duty or an add has been imposed on any article to prevent injury or threat of an injury to the domestic industry of a third country exporting ..... supra), indian express newspapers bombay (p) limited v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD197
..... narasimha reddy seeking a direction to the respondents not to apply in any manner the provisions of the andhra pradesh co-operative societies second amendment act, 2001 (act 22 of 2001) (for short 'amended act') to the actions already taken prior to the amended act and completed by 25.4.2001 as the amended act has no retrospective effect and not to take any coercive steps by way of recoveries or re-fixation of salaries and pass such ..... of salaries terming the same as nature of fraud invoking the provisions of section 60 of the apcs act that the respondents have no power to recover the same from the members of the petitioner union and that they have no power whatsoever to apply the provisions of act 22 of 2001 prior to the amending act, which came into force from 25.4.2001 as the act has no retrospective effect and the respondents have no power to take coercive steps by way of recovery ..... similarly when special leave petition is entertained against any final or interlocutory order, the supreme court does not convert itself into a court of ..... the forfeiture by the district supply officer........district of thisdeposit for any breach by me or by any person acting on my behalf for failure on my part to comply with or to secure compliance with the aforesaid provisions, regulations and duties prescribed from time to time under the intensive procurement and or informal rationing scheme. ..... state of bombay, : 1955crilj215 , has observed that the effect of legislation without legislative competence .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD652; 2000(2)ALT655
..... after coming into force of the constitution (forty second amendment) act, 1976 the state of maharashtra amended various provisions of maharashtra zilla parishads and panchayat samithis act, 1961 so as to bring those provisions in tune with ..... second amendment) act, 1995 (act 25 of 1995) inserted section 14-a in corporations act ..... i have also referred to the two judgments of the supreme court after coming into force of the constitution (seventy third amendment) act, 1992 and the constitution (seventy fourth amendment) act, 1992 in pradhan sangh kshetra case (supra), which also arose underclause (a) of article 243-o and anugrah narain singh case ..... besides as indicated by us in the order dated march 30, 1982, the view which we took was that though the high court was justified in entertaining the writ petition and issuing a rule therein since, the writ petition apparently contained a challenge to several provisions of election laws, it was not justified in passing any order ..... therefore, the contention before the division bench of bombay high court was that instead of preparing the electoral divisions on the basis of population figures ascertained in 1981 census, the population figures are 'artificially ..... in such a situation, there is a duty to act in a fair and reasonable manner and lay down a policy whose implementation would have ..... 'where the law creates a duty or charge, and the party is disabled to perform it, without any default in him, and has no remedy over it, there the law .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT431:AIR2009NOC2482(A.P)(F.B).
..... proviso to section 4a(2) which provided that out of the enclosures, buildings or localities declared to be market yards before the commencement of the bombay agricultural produce markets (amendment) act 1954, one shall be declared to be the principal market yard for the market area and others, if any, to be one ..... in the light of the ever widening and expanding horizons of natural justice also lay down that it is only where an administrative decision affects the rights of persons, it becomes the duty of the authority concerned to give notice of the proposed action to the person to be affected and to take a decision after giving a fair opportunity to the person concerned to make his representation in ..... renew the licence granted under this section, unless the licencee pays all the arrears of amounts due to it under provisions of this act.explanation: nothing in the second proviso to this sub-section shall be construed as exempting a co-operative marketing society registered or deemed to be registered under the andhra pradesh co-operative societies ..... section 4a(2) of the bombay agricultural produce markets act, 1939, (the act which preceded the maharashtra agricultural produce marketing regulation act), empowered the state government to declare any enclosure, building or locality in any market area to be a principal market yard for the area and other enclosures, buildings ..... it is not possible to entertain the argument that the court will undertake a judicial scrutiny of these items in order .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALD500; 2006(6)ALT771
..... such being the legal position, it is of utmost importance after the forty-second amendment as interpreted by the majority in tulsiram pateps case (supra), that the appellate authority must not only give a hearing to the government servant concerned but also pass a reasoned order dealing with the contentions raised by ..... the mere fact that an appellate or revisional forum has decided to entertain his challenge and to go into the issues and findings made against such public servants once again should not even temporarily absolve him from such findings. ..... , which required payment of subsistence allowance of re.l/- per month to a government servant on his conviction and sentence in a criminal case, pending appeal, was in issue before the supreme court and it is in this context that it was held:.the second proviso to rule 151(1)(ii)(6) of the bombay civil services rules is void as it offends articles 14, 16 and 21 of the constitution. ..... to be quashed and the respondent is to be treated under suspension till the disposal of criminal appeal by the high court.....before we part with this case, we would like to refer the decision of this court in the case of state of maharashtra v. ..... he relied on the judgment of the apex court in state of maharashtra v. ..... it is the duty of the high court, whatever be its view, to act in accordance with article 141 of the constitution of india and to apply the law laid down by the supreme court. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993CriLJ3162; II(1993)DMC581
..... the indian penal code comprising of an independent chapter was inserted by the criminal law (second amendment) act, 1983 (46 of 1983) with effect from 25th december, 1983. ..... the high court feels that ends of justice require that an order should be made in an application, although the application is not contemplated by the code, the high court will entertain the application and make the necessary orders to secure the ends of justice. ..... is effected voluntarily and they are living peacefully forgetting their past events in the case or re-union or in the case of divorce they are at liberty to live separately, in either way we feel that it is the duty of the court not to disturb the calm atmosphere that has been created in their matrimonial life by not exercising the power under section 482, cr.p.c. ..... section 561-a was enacted to emphasis the fact that the high court has the widest jurisdiction to pass orders to secure the ends of justice, section 561-a must give the power to the high court to entertain applications which are not contemplated by criminal procedure code. ..... scrutinised and examined whether there has been miscarriage of justice in any particular case before it entertains any such petition filed by an unsuccessful party. ..... of maharashtra, : ..... bench of the high court of bombay also had an occasion to consider the inherent powers of the high court under section 561-a of the criminal procedure code, 1898 (old code), corresponding to section 482 of the new code, in state of bombay v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)
..... bhavani prasad and himself).issue under reference:whether section 32(c) of the andhra pradesh buildings (lease, rent and eviction) control act, 1960 (for short, 'the act') as brought into force by section 3 of the andhra pradesh buildings (lease, rent and eviction) control (amendment) act, 2005 (hereinafter referred to as 'the amendment act') has effect on the cases pending on the date of its coming into force is the question referred for the consideration of the larger bench. ..... mohan lal : [1968]3scr623 , prior to its amendment, section 29 of the bombay rents hotel and lodging house rates control act, 1947 did not provide for a second appeal and as such a revision was preferred. ..... learned senior counsel would submit that, as an appeal is in continuation of the suit and, since the jurisdiction of the civil court to entertain the suit for eviction is barred, the appeals filed by the tenants are required to be allowed and the decrees for eviction passed by the civil court are liable to be set aside. ..... the approval of this court, does not mean that a statute which is otherwise retrospective in the sense that it takes away or impairs any vested right acquired under existing laws or creates a new obligation or imposes a new duty or attaches a new disability in respect to transactions or considerations already past, will not be treated as retrospective. ..... state of maharashtra : [2001]2scr654 ). ..... the state of maharashtra : 2001crilj4259 . .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALT113
..... the sick industries (special provisions) amendment act, 1993 any scheme would ..... . though certain submissions were made that this is a question of law touching the jurisdiction of the concerned revenue court in entertaining a dispute which would touch the root of the matter on admitted facts, this court is of the considered opinion that the interpretation that is being given to the personal cultivation, ..... . the principal question on which much arguments had been advanced is that the first respondent-appellate authority had not discharged its duty as appellate authority since the appellate authority had not considered all the grounds or all the objections and a careful scrutiny and analysis of the respective stands taken by ..... . in the light of the views expressed above, the question whether state of maharashtra's case (referred 12 supra) is direct on the point and lokraj's case (referred 11 supra) is not direct on the point and the other full bench decision in m/s ushodaya enterprises limited's case ( ..... however, after dismissal of the appeal by aaifr on 28-5-2005, the third respondent addressed bombay stock exchange (bse) that they are giving effect to the decision of the board of directors, dated 28-3-2005 pursuant to the orders of bifr for allotment of twenty five lakhs (25,00,000/-) shares ..... held that a finding of fact by the authority under the similarly worded second proviso to section 15(2) of the payment of wages act, 1936 could not be challenged in a petition under article 227 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD548; 2003(2)ALT770
..... urged on behalf of the appellants therein that the impugned provisions contained in sections 4 and 5 as amended by the andhra pradesh entertainments tax act (amendment act 24 of 1984) providing for consolidated levy on the basis of gross collection capacity per show are ultra vires the legislative power conferred on the state legislature under entry 62 of list ii held as follows:'....one it is held that tax on entertainment could be levied by either of the two modes viz. ..... the division bench of the bombay high court was assailed before the apex court on the ground that the said tax ceases to be compensatory or regulatory and also results in an invidious discrimination, the supreme court met those contentions by holding:'(14) in this matter two principles have to be emphasized, firstly that the tax must be regulatory and compensatory and secondly, there must be no discrimination ..... in 1987, by section 3 of the maharashtra act, xiv of 1987, sub-section (1c) was added to provide for review of one time tax at 15 times the annual rate on all motor cycles used ..... it is true that it will become the duty of the constitutional courts under our constitution to declare a law enacted by the parliament or the state legislature as unconstitutional when the parliament or the state legislature has assumed to enact a law ..... it is one of the duties of a modern legislature to utilize the measures of taxation introduced by it for the purpose of achieving maximum social good and one has to trust the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD145
..... (c) to any building the rent of which as on the date of commencement of the andhra pradesh buildings (lease, rent and eviction) control (amendment) act, 2005, exceeds rupees three thousand and five hundred per month in the areas covered by the municipal corporation in the state and rupees two thousand per ..... the judgment of the full bench in motichand jain's case (supra) declaring that the amendment act 30 of 1989 falling under adjectival law has retrospective effect stands overruled subject to the aforesaid conclusion.he further submitted that so ..... that even though the provisions relating to the fixation of standard rent were valid when the bombay rent act was passed in 1947 the said provision, as amended, can still be regarded as valid now?31. ..... the rent controller has jurisdiction to grant the relief, the civil court has no jurisdiction to entertain the matter and the suit deserved to be dismissed due to inherent lack of jurisdiction. ..... a statute which takes away or impairs vested rights acquired under existing laws, or creates a new obligation or imposes a new duty or attaches a new disability in respect of transactions already past must be presumed to be intended not to have a retrospective effect and as a logical corollary of the general rule, that retrospective operation is not taken to be intended unless ..... the only substantial question of law that falls for consideration in this second appeal is whether the appellate court was justified in refusing to consider the ..... maharashtra .....
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