Court : Andhra Pradesh
Reported in : 2003(5)ALD725
..... v. state of bombay, : [1953]4scr825 .23. it is cardinal principle of interpretation of statues that punitive provisions should receive strict interpretation. enumeration of acts and omissions, constituting offences and prescription of punishment therefor, is always treated as the prerogative of the legislature. the reason is that it is for the ..... hardship and grave inconvenience would ensue in the absence of a clear prescription as to what constitutes 'black jaggery' within the meaning of the 1968 act, the state government is directed to prescribe, by an appropriate instrument, the description, character and composition of 'black jaggery' that would have no other ..... narcotic drugs and narcotise and to provide for matters connected therewith in the state of andhra pradesh.'the commodities that are to be dealt with in this act are intoxicating liquor and drugs, alcoholic liquors for human consumption, opium, indian hemp and other narcotic drugs. the terms 'intoxicant', 'intoxicating drug' and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALD536; 2008(4)ALT503; IV(2008)BC298
..... writ declaring the action of the 2nd respondent in resorting to action under section 14 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (hereinafter referred to as 'the act' for the purpose of convenience) and consequential issuance of warrant dated 7.7.2007 in crl. mp. no. 13963 of 2007 by the ..... the resources for discharge of the debt, the 2nd respondent appears to have approached the chief metropolitan magistrate, visakhapatam under section 14(1) of the act for possession of the property securities and a warrant has also been issued to the bailiff by the said court on 7.7.2007 in crl. m.p. no. 13963 of ..... .(2) for the purposes of securing compliance with the provisions of sub-section (1) the chief metropolitan magistrate or the district magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary.(3) no act of the chief metropolitan magistrate or the district .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP626
..... till there is a properly executed document which is also registered. it cannot be said that the moment, a document is executed the contract ceases to be in force. the purchaser is always entitled to insist upon his right to have a proper registered instrument. every vendor is bound to do all that is necessary to ..... the next step which the party should have legitimately taken was the institution of the suit for enforcing the registration as contemplated by section 77 of the registration act..........in our opinion, when once this machinery has been set in motion, the logical conclusion should be that action should be taken under section 77 of the ..... by muttuswami ayyar and handlery jj-, that the plaintiff was not entitled to a decree for compulsory registration because, independently of the provisions of section 77 of the act, no suit to compel registration of a document would lie.the learned judges said that nothing prevented the plaintiff, who had possession of the document, from presenting .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1972AP379
..... enhanced fee of rs. 3,000/- as against rs. 100/- which was collected. it has also safeguarded its interest of collection of the excise duty by increasing the security deposit to rs. 10,000/- from rs. 1,000/-, and also by taking a bank guarantee of rs. 53,000/- from the petitioner.46. in the result ..... excise duty can be levied on alcoholic liquor for human consumption, which is produced or manufactured in the state,.12. section 21 of the andhra pradesh excise act authorises the levy of excise duty on excisable articles manufactured or produced in the state, and countervailing duty on such articles produced or manufactured elsewhere in india ..... called 'the rules'), made by the government of andhra pradesh in exercise of the powers conferred on it by section 72 of the andhra pradesh excise act, 1968 (hereinafter called 'the act'), the petitioner, anabeshahi wine & distilleries private ltd., hyderabad, has been carrying on the business of manufacture and sale of wine and other ailed products .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(3)ALD385; 2000(3)ALT229
..... partner in the assets of the partnership which has also immovable properties is movable property and the assignment of the share does not require registration under section 17, registration act, (see 1947 lah 13 at p.20 (fb)); narayanappa v. bhaskara krishnappa, : [1966]3scr400 and commissioner of income-tax west bengal calcutta v. juggilal kamalapet ..... or by necessary implication, nor is there any implication. it was held that such a deed was not compulsorily regisierable under section 17(1)(b) of registration act.'28. in commissioner of income-tax, west bengal, calcutta v. juggilal kamalapet, : [1967]63itr292(sc) , it was held that the partners relinquishing their ..... they have been executed on or after the date on which, act no.xvi of 1864, or indian registration act, 1866 (20 of 1866), or the indian registration act, 1871 (8 of 1871), or the indian registrationact, 1877 (3 of 1877), or this act came or comes into force, namely: (a) ..... (b) other non-testamentary instruments which .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(3)ALT605
..... mortgage itself was created.8. on the other hand the learned counsel appearing for the respondent-plaintiff submitted that the document is silent with regard to the security sought to be created through the said document. the memorandum itself recites that the title deeds were also deposited. this indicates that the intention was only ..... create equitable mortgage through this document. in such a case, it will not be received in evidence unless it is registered under section 17 of the registration act.6. in support of his contention he relied upon a bench judgment of our high court in kakaracarthy bhavanarayana v. official receiver, krishna representing estate of sonti ..... a transaction of mortgage under which the title deeds were deposited towards the debt amount. therefore it is compulsorily registrable under section 17 of the registration act.3. the learned judge after considering both the sides and also the authorities cited before him came to the conclusion that it does not require any .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1979AP132
..... such works that the contract has been entered into by the person with the government. the expression 'execution of any works' means and implies the carrying out of some act or acts or course of conduct to the commencement and completion of the works, it is of significance that in cl. (d) the word used is not the singular 'work ..... and the respondents nos. 1 to 5 contested in the said election. the petitioner contested as a congress-i candidate and secured 20,021 votes and the 1st respondent who contested as c.p.i. candidate secure 21,735 votes and was declared to have been elected. the 1st respondent was the successful bidder in the auction held by ..... parliament, 'but the intention of parliament must be deduced from the language used, 'for it' it is well accepted that the belief and assumptions of those who frame acts of parliament cannot make the law.' bearing these principles in mind, if we examine the plain language of section 9-a we notice that the two important requirements, apart .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(3)ALT376
..... further that no countervailing duty shall be payable on the intoxicant which being liable t6 the payment of duty under the indian tariff act, 1934 (central act 32 of 1934) or any other law for the time being in force relating to the duties of customs on goods imported into india, has been dealt with according to such law.'(2) the officer referred ..... section 34. section 45 of the act provides for liability of certain things to confiscation and section 72 deals with the power to make rules. we have been referred to sub-section (2) (g) of section 72 regulating the time, place and manner of payment of any duty or fee and the taking of security for the due payment of any duty .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2005AP76; 2004(6)ALD769; 2004(6)ALT772
..... or attempts to collect from any occupier of such lands, rent compensation or other charges by criminal intimidation of who evicts or attempts to evict any such occupier by force without resorting to the lawful procedure or who abets in any manner the doing of any of the above mentioned things;' .52. a reading of this definition discloses ..... itself necessarily objectionable, the courts cannot interfere, unless, in looking at the substance of the matter, they can see that it 'is a clear, unmistakable infringement of rights secured by the fundamental law'34. one more concept, which is worth being taken note of is that the court should endeavor to interpret provisions of an ..... contention with the following observations:'.....though the rule cannot affect, control or derogate from the section of the act, so long as it does not have that effect, it has to be regarded as having the same force as the section of the act. if section 139(2) is read along with rule 13 and form no.6 it becomes clear .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(2)ALT610
..... the full bench, as we understand, is whether an application made prior to the amendment of section 20 and pending on the date the amendment act came into force shall be disposed of in accordance with either pre-amended law or amended law. no educational agency has a vested right to the grant of permission ..... constitution cannot be subjected to regulations dictated by the concept of state necessity. however, the learned judges agreed that the regulations made for the purpose of securing recognition or affiliation of an educational institution enabling the students to sit for an examination to be conducted by the university in the prescribed subjects and to ..... permissible regulations and trenched on the offending sphere of restrictions on the fundamental right. we are of the opinion, that the rule is well within the border land of regulation of the right sanctioned by judicial decisions.'60. there is yet another aspect which requires close scrutiny. the state government made andhra pradesh .....
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