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 : 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 : 2008(2)ALT611
..... , and not in derogation of, the companies act, 1956 (1 of 1956), the securities contracts (regulation) act, 1956 (42 of 1956), the securities and exchange board of india act, 1992 (15 of 1992), the recovery of the debts due to banks and financial institutions act, 1993 (51 of 1993) or any other law for the time being in force.certain submissions were made that the action would ..... fall under the companies act, 1956 and in the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(2)ALT710
..... judge also considered the question of restitution of goods to the respondent or their money value. on that question, the learned single judge directed plaintiff to furnish security by way of an f.d.r., from a nationalised bank in the name of the registrar of the court. this was confirmed by division bench. ..... of the goods is realized by competent authority by selling goods/things/vehicles confiscated in accordance with the power conferred on such authority. that excise act and prohibition act confer power on authorized officer to confiscate money value of excise contraband or vehicle involved in excise offence, it becomes clear by some of provisions in ..... against accused and the result of criminal proceedings as acquittal or conviction will have no bearing on the order of confiscation passed under the excise act or prohibition act when the vehicle is seized. if it is subsequently released by reason of an order passed by deputy commissioner during pendency of confiscation proceedings or .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT431:AIR2009NOC2482(A.P)(F.B).
..... agricultural produce in the state and for matters connected therewith. in the statement of objects and reasons of the markets act, it has been indicated that the act is aimed to constitute regulated markets so as to secure to the cultivator better prices, fair weighment and freedom from illegal deductions, a fair deal for the agriculturists provides good ..... is wiped out and no tax can be collected by the state government in respect of any transactions effected during the period when the earlier notification was in force.45. when all government orders on the subject of market products issued from time to time in respect of all notified market areas stood superseded and the ..... does not operate with reference to only gmc. the declaration order vide g.o.ms. no. 2095, dated 29.10.1968 remained in force and exercise by government under section 3(3) of the act stood undisturbed. further, ghee as 'product of livestock', which was included as item six (6) under group vi (livestock product group) in .....
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 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1995(2)ALT320
..... (ii) supra to be decided in a suit and therefore, the labour court cannot decide it under section 33-c(2) of the industrial disputes act. this lacks convincing force. in the first place*, the illustration is not exhaustive. secondly, it needs a proper and correct understanding in the light of rudiments in science of ..... an industrial dispute barring the jurisdiction of the labour court and attracting the jurisdiction of industrial tribunal under section 10(1) of the industrial disputes act appears to have no force. similar contention was raised in central bank of india (7-a supra). while rejecting such a contention, the supreme court said:'.........in our opinion ..... -(a) the supreme court; or(b) any industrial tribunal. labour court or other authority constituted under the industrial disputes act, 1947 or any other corresponding law for the time being in force shall have or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD409; 2005(3)ALT737; (2005)IILLJ781AP
..... or retrenchment has led to that dispute, but does not include any such person-(i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer or other employee of ..... is being exported to the foreign countries such as australia, england, united states, france and to various other countries. it is also stated that our country is securing a foreign exchange of not less than rs.50 crore per annum due to these transactions. it is also stated that this art of craft is well flourishing only ..... the research institute of the sir silk limited, which was set up with the objects of improving, securing greater efficiency, rationalization, reduction of cost of silk, was a commercial establishment within the meaning of section 2(5) of the act. having taken into consideration the functions of the research institute which included investment in movable and immovable properties .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1987)62CTR(AP)189; [1988]170ITR332(AP)
..... section simply because this was a nebulous and casual transaction or because the trustees had no power to borrow, then every person wishing to drive through the section whether to secure the forbidden benefit or not, may do so by making his transaction nebulous and casual or by lending to a settlement which had no power to borrow. in my ..... only the levy of tax that was being lawfully levied by a state immediately before the commencement of the constitution and since the travancore and cochin general sales tax act came into force after the constitution, the levy made thereunder does not satisfy the conditions laid down in article 277. so, the tax under the ..... ' in sub-sections (2), (2a) and (2b) of section 37(1). 17. chapter iv of the act deals with the computation of total income under different heads of income. part a deals with salaries; part b relates to interest on securities; part c deals with income from house property; part d deals with 'profits and gains of business or profession .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(6)ALT345
..... therefore has moved a.a.m.p. nos. 1187 and 1188 of 2008 seeking amendment of the pleadings. prima facie, there dies not appear to be any force behind the submission of sri j.c. francis, the learned counsel for the respondents that this arbitration application is barred by limitation. it will be appropriate to note ..... otherwise is an essential requirement for the purposes of entertaining the application under the arbitration and conciliation act without an arbitration agreement the parties cannot seek intervention of the chief justice or his designate for constituting the arbitral tribunal for securing resolution of their disputes.9. at this stage, it will be appropriate to notice that ..... a fiction by deeming that anything done or any action taken under the aforementioned acts which are repealed, shall be deemed to have been done or taken in exercise of the powers conferred by or under this act, as if this act was in force on the date on which such thing was done or action taken. therefore, .....
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