Court : Andhra Pradesh
Reported in : 2003(6)ALD522
..... prescribing seniority as mode for promotion and it would not have the effect of displacing or altering the rules made under section 39 of the fire force act, 1964 as the act of the legislature would have precedence over any rule made by the executive under the proviso to article 309 of the constitution.'85. the learned ..... 371-d appears to be two-fold : (1) to promote equal development of the backward areas of the state of andhra pradesh, so far as to secure balanced development of the state as a whole.(2) to provide equitable opportunities to different areas of the state in the matter of education, employment and career ..... upon the panchayats subsisting for preparation of plans for economic development and social justice and for implementation of developmental schemes and sound financing of the panchayats by securing authorization from state legislatures for grant-in-aid to panchayats from the consolidated fund of the state. under article 243g of the constitution, the powers, authority .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1979AP182
..... 1960 to 1 june 1961 by filing an application under s. 20. the contention that the present dispute could only be decided by the authorities under the minimum wages act has no force......' it further held that the decision of the supreme court in bombay gas co. ltd. v. gopal bhiva, : (1963)iillj608sc . supports the view t that the industrial ..... . 39 of the payment of bonus ad makes applicable the other provisions of the industrial disputes act including. s. 33-c(2) of the industrial disputes act with respect to rights secured to an 'employee' under the payment of bonus act.40. the claim of the respondents the payment of minimum bonus not being one falling under s. 22 of the ..... payment of bonus act and the right to the minimum bonus having been created a by a statute, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1976AP1
..... under article 352 and the declaration of the president of india under cl. (1) of article 359 is in force and the validity of the amendments effected in the maintenance of internal security act 1971, by the two amending ordinances of 1975 arise for consideration in these writ petitions. having regard to the general ..... june, 1975 and the remaining provisions of this ordinance shall be deemed to have come into force on 29th day of june, 1975. 2. in section 4 of the maintenance of internal security act, 1971 (hereinafter referred to as the principal act) for the words and figures 'code of criminal procedure, 1898' the words and figures ..... 1. (1) this ordinance may be called the maintenance of internal security (amendment) ordinance (1975). (2) it shall come into force at once. 2. during the period of operation of the ordinance, the maintenance of internal security act, 1971 (hereinafter referred to as the principal act) shall have effect subject to the amendments specified in sections 3, 4 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(4)ALD368; 2001(3)ALT366
..... 11-1993 the date on which the a.p. (regulation of appointments to public services and rationalisation of staff pattern and pay structure) act, 1994 (act 2 of 1994) came into force, be regularised by the appointing authorities subject to the fulfilment of the following conditions: absorption shall be against clear vacancies of posts considered necessary ..... the light of the exigency of administrative requirement for such irregularity in the initial appointment by competent authority and the irregular initial appointment may be regularised and security of tenure may be made available to the concerned incumbent. but even in such case the initial entry must not be found to be totally illegal ..... on ad hoc basis for a given substantial length of time to regularise them so that the concerned employees can give their best by being assured security of tenure. but this would require one pre-condition that the initial entry of such an employee must be made against an available sanctioned vacancy by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1986]63STC156(AP)
..... (unamended) the period of four years for the relevant assessment year 1974-75 expires by the assessment year 1978, i.e., 31st march, 1978. the amendment act came into force on 17th january, 1978. it is only prospective from that date. the contention of the petitioner is that the power is given to the assessing authority for the ..... , it empowered the assessing authority itself to revise on its becoming aware, as a result of the account books or chits or other material got filed or secured from the custody of the dealer or on their independent investigation and was prima facie of the opinion that the deduction or exemption has been wrongly allowed. thereby ..... -settled by catena of decisions of the supreme court, privy council and this court that a right of action barred by limitation at the time when the new act or amendment came into force, cannot be revived by the subsequent change in the law prospectively brought about [vide j. p. jani, income-tax officer v. induprasad devshanker bhatt : [ .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1988(37)ELT25(AP)
..... the prejudice of any citizen.23. we have already noticed as to why the supreme court has struck down section (1)(b) of the madhya pradesh public security act which imposed restrictions requiring person to reside in such and such a place as specified in the executive order. the learned does however held that under clause ..... procedure is not a law so as to invest (divest) the rights vested in the appellants under the release orders. it is only an executive act not having the force of law so as to entitle the licensing authority to cancel the release orders. in short, it is his case that property rights can be ..... through the sponsoring authority concerned. units which are required to make their applications for licences direct to the licensing authorities concerned under the import policy in force should not route their applications through the sponsoring authorities concerned. applications should be supported by treasury challan showing payment of application fee and other documents as .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1991]72CompCas588(AP)
..... the court will enforce such, statutory public duty. (iii) the bye-laws made by a co-operative society registered under the a. p. co-operative societies act do not have the force of law. they are in the nature of contract, terms of contract, between the society and its employees, or between the society and its members, as the ..... his opinion such a course is necessary for ensuring economic viability of the concerned society, or to avoid overlapping or conflict of jurisdiction of societies, or even 'for securing proper management of a society'. such a step can be taken also in the interest of co-operative movement in general, or for any other reason in public ..... for.....xx xx xx xx xx(12(a) for the regulation of building.....(iii) in general for securing cleanliness, safety and order and good government and well being of the municipality and forcarrying out all the purposes of this act....'.22. section 331 confers upon the council the power to give retrospective effect to bye-laws made with .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(3)ALT666
..... the case against him and opportunity to meet it.....the attorney general is certainly not immune from the historic requirements of fairness merely because he acts, however, conscientiously, in the name of security. nor does he obtain immunity on the ground that designation is not an 'adjudication' or a 'regulation' in the conventional use of those ..... officers, according to entries 70 and 94 of list i, are within the purview of the central government. therefore, i see no force in the contention.67. therefore, the provisions of act 11 of 1983 to the extent they empower the lokayukta to conduct preliminary verification and investigation into the conduct of members of all india ..... , a delegatee cannot further delegate the powers, is a settled principle of law. therefore, i see no force in this contention of the learned advocate general.70. the next question is as to what are the provisions in act 11 of 1983 that are liable to be struck down being ultra virus of the constitution. section 2(i .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1993]202ITR222(AP)
..... by a previous high court decision, though he will normally follow it on the principle of judicial comity, in order to avoid conflict of authority and to secure certainly and uniformity in the administration of justice. if he refuses to follow it, he cannot overrule it; both decision stand and the resulting antimony must ..... be per incuriam if it is rendered in ignorance or forgetfulness of the provisions of a statute or a rule having statutory force or a binding authority. but, if the provision of the act was noticed and considered before the conclusion arrived at, on the ground that it has erroneously reached the conclusion the judgment ..... house of lords decision, in which case it must follow that decision; or when the decision is given in ignorance of the terms of a statute or rule having statutory force.' 40. in punjab land development and reclamation corporation ltd. v. presiding officer, labour court : (1990)iillj70sc , the supreme court explained the expression 'per incuriam' thus ( .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(3)ALT199
..... the grant of prospecting licence and mining lease in respect of the minerals including the fixing and collection of fees for prospecting licences or mining leases; surface rent, security deposits, fines, other fees or charges and the time within which and the manner in which the dead rent or royalty shall be payable. in the exercise of ..... by an officer of the department of mines and geology. in case of contravention of the rule, the assistant director, mines and geology, is empowered to forfeit the security deposit without prejudice to any action that may lie against the lessee, for compounding of the offence.27. in the application in form-a made by the lessee ..... therefore, rule 26 (3) (ii) is ultra vires the powers of the state government.54. we do not see any force in the contention of the learned counsel. under the provisions of the act and the rules, unauthorised mining of minerals whether they be minor minerals or other minerals, is strictly prohibited. the object is to check illicit .....
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