Court : Andhra Pradesh
Decided on : Apr-10-2003
Reported in : 2003CriLJ3999
..... a term which may extend to two years or such less punishment as is in the act mentioned. 13. section 28 of the border security force act, 1968 is also a verbatim reproduction of section 50 of the army act. section 50 of the army act provides for punishment to the officer who effects the arrest of his subordinate and fails to ..... report the arrest to his company or detachment commander who shall after investigating the case order the release or the continued arrest of the member of the force arrested.23. rule 33 of the border security force rules, 1969 ('bsf rules' for brevity) refers as to how 'close arrest' and 'open arrest' be imposed and the said rule reads as ..... act who is . charged with an offence may be taken in to military custody;2) any such person may be ordered into military custody by any superior officer;3) any officer may order into military custody any officer, though he may be of a higher rank, engaged in a quarrel, affray or disorder. 9. rule 40 of the border security force .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-10-2003
Reported in : 2004(1)ALD338
..... who retired subsequent to that date simultaneously denying the same to those who retired prior to that date. if the liberalisation was considered necessary for augmenting social security in old age to government servants then those who retired earlier cannot worst (sic) off than those who retire later. therefore, this division which classified pensioners ..... sought to be achieved.the above principles were laid down while considering the validity of a law made by legislature, but those principles apply with full force to executive orders also. the state is enjoined by article 14 to ensure equality not only in legislative matters but also in executive side. an executive ..... by the government after consultation with the recognized unions, such a decision cannot be unilaterally altered to their prejudice and thus the government is estopped from acting in derogation of the decisions taken. they also contended that when once the pension has been fixed on the basis of notional pay drawn, there is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-12-2003
Reported in : 2003(6)ALD261; 2003(5)ALT613
..... policy is uniform. merely because there has been a sanction of a bottling line for the manufacture of small bottles and some modernisation intended to secure hygienic conditions by eliminating manual work, it cannot be reasonably contended that the state is encouraging any monopoly or otherwise offending the doctrine of equality. ..... has prescribed a directive principle to introduce prohibition.(b) practical considerations including the known unsatisfactory financial position of the different states including a.p. has forced the andhra pradesh state to content itself with partial prohibition.(c) the constitutional policy is sought to be at least partially ensured by banning the production ..... contention of the petitioner in this behalf is that the theme song of the respondent-state that the entire regulatory exercise under the excise act, the 1993 act and the relevant rules thereunder as also the disinclination of the state to permit any new distilleries to set up units in the state .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-12-2003
Reported in : 2003(3)ALD36
..... can we spell out the exclusion of evidence obtained on an illegal search.'it was held in partap singh v. director of enforcement, f.e.r. act, : 1986crilj824 , that evidence secured by an illegal search must be scrutinised with greater caution.'15. assuming that it is obligatory upon the officer proceeding to take search or directing a search ..... report of an independent chemical examiner chosen by the licensee is contradictory to the report of the departmental analyst, the licensee would necessarily be able to plead with considerable force that no action could be initiated on the basis of an adverse report given by the departmental analyst. however, it must be mentioned at this juncture that even ..... provisions. a decision should be treated as given per incuriam when it is given in ignorance of the terms of a statute or of a rule having the force of a statute. so far as the order shows, no argument was addressed to the court on the question whether or not any direction could properly be made .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-05-2003
Reported in : 2003(6)ALD324; 2003(5)ALT250
..... obtain some advantage, to which he could only be entitled on the footing that it is valid, and then turn round and say it is void for the purpose of securing some other advantage.' (see: verschures creameries limited v. hull and netherlands steamship company limited, scrutton, l.j). according to halsbury' laws of england, 4th edn., vol.16, ..... year 1954 survived by son prakash (plaintiff herein). subsequently, the tahsildar in his order dated 3-11-1955 held that since record of rights regulation came into force and in section 17 of the regulation the word pattedar was substituted with the word occupant and since occupant-wise data has been prepared he has taken the view ..... the right over the properties in favour of laxmaiah by contending that the declaration filed by him as kartha of the joint family under a.p. agricultural land ceilings act was at the instance of his brother laxmaiah as he is an innocent person. hence, the order passed by the land reforms authorities is not binding upon him .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-23-2003
Reported in : 2004(3)ALD858; 2004(4)ALT286
..... . relying on the judgment of the supreme court in vaddeboyina tulasamma's case (supra), their lordships held that 'it is needless to emphasize that on the date when the act came into force, the plaint a and b schedule properties were in possession of mangamma, the plaint a schedule properly stood as a charge for the maintenance mangamma was entitled to, under ..... mohan manucha v. manzoor ahmad, 701 a.i: (air (30) 1943 p.c.29). this appeal arose out of a suit commenced by the plaintiff appellant to enforce a mtge. security. the plea of the defendant was that the mtge. was void. this plea was given effect to by both the lower court as well as by the p.c. but ..... to her.'36. from this, it is evident that even if the property is given to a hindu female, in view of her pre-existing right even after the act came into force, it becomes absolute property not withstanding the limits or restrictions contained in the instrument.37. in the case on hand, the claim of defendant no. 3 was that she .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-04-2003
Reported in : 2003(6)ALD562; 2004(1)ALT195; 2004(1)ARBLR319(AP)
..... (2) with a prayer for summoning the award. a motion by such an application is only one of the processes by which the filing of an award can be secured. the alternative processes, as indicated above consist of summoning of the award by the court suo motu or its production by the arbitrators suo motu. therefore, the exercise ..... first submit that when the court below found that there is no ground to set aside the awards, then by the very force of section 17 of the arbitration act 10 of 1940, hereinafter referred to as the act, the court below is left with no other alternative but to proceed to pronounce the judgments according to the awards and upon ..... improperly procured or otherwise invalid has to make an application. we may also refer to section 32 which lays down that: 'notwithstanding any law for the time being in force, no suit shall lie on any ground whatsoever for a decision upon the existence, effect or validity of an arbitration agreement or award, nor shall any arbitration agreement .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-18-2003
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
Decided on : Aug-26-2003
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
Decided on : Sep-05-2003
Reported in : 2003(5)ALD654; 2003(6)ALT1
..... same under which the vendors undertook to obtain patta certificates from the concerned authorities at their own cost and also other permissions required under the act and the rules in force for completing the sale transaction covered by the agreements by sharing the expenses with the purchasers equally. the agreements also recite that if for any ..... made by a study team constituted for the purpose to issue passbooks to owners, pattadar, mortgagees, occupant or tenant of land to enable them to secure loans on the basis of entries in the said pass book without requiring them to approach the village officers and others every time. the second amendment was made ..... of the supreme court in state of orissa v. brindaban sharma urged that revisional powers can be exercised in respect of orders made prior to the coming into force of the amended provision specifically conferring revisional power. he also placed reliance on the decision in thiru manickam v. the state of tamil nadu : [1977]1scr950 .....
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