Court : Andhra Pradesh
Reported in : AIR2004AP66; 2003(5)ALD484
..... 504 acres. before the commissioner, the hindustan mineral products company as well as collector contended that when boundaries between cheepurupally and devada villages were demarcated during the survey operations that have taken place in 1912, the extent of land covered by patta no. 98 in cheepurupally village would not be more than 350 acres. the settlement officer ..... by the trial court under section 14(1) of the act....'44. the effect of order of remand was considered by the supreme court in united bank of india, calcutta v. abhijit tea company private limited and ors., 2000 (6) supreme 183, and held as under:'...but, it is now well settled that an order of remand ..... substitution of the finding of the high court for that of the appellate tribunal. the learned advocate general also referred to the decision of the privy council in toronto railway co. v. corporation of the city of toronto, 1904 ac 809 (g).the relevant observations were at page 815. nor did the order of the appellate tribunal .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD650; 2001(5)ALT187
..... 1997 (3) ald 685, a division bench of this court, while purporting to hold that broader and literal interpretation should be given to the impugned rule which would operate fairly and in a reasonable manner, suitable directions can be given by reading down the provisions of the act without striking down the rule itself. issuance of such directions ..... a.p. forestact thus in our opinion confer a wide power upon the slate to make rules as a result whereof, regulatory measures can be taken as regards operation of saw-mills including making provisions for granting of licence etc.23. the decision of the division bench of this court in sharada timber depot (supra), with great ..... in figures in between the register and ground stock in measurements is permissible and variation in excess of the above should be explained. 3. the licensee shall not operate the saw mill or any machinery within the saw mill premises during the period of 22-0 hrs., to 0600 hrs. of next day, except in municipal corporation .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD99; 2003(2)ALT707; 2003CriLJ1360
..... placing the restrictions on the exercise of the respective fundamental rights mentioned in article 19(1)(a) to (g). clause (6) of article 19, only speaks of operation of any existing law insofar as it imposes 'from making any law imposing' reasonable restrictions on the exercise of the rights conferred by article 19(1)(g). there ..... of the right conferred by the said sub-clause, and in particular, nothing in the said sub-clause shall affect the operation of any existing law insofar as it relates to, or prevent the state from making any law relating to- (i) the professional or technical qualifications necessary for ..... right is however subject to clause (6) of article 19 which reads as follows: (6) nothing in sub-clause (g) of the said clause shall affect the operation of any exiling law insofar as it imposes or prevent the states from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALD426; 1998(1)ALT564
order1. the short question that arises in this writ petition is whether g.o. rt.no.4004 home (general-a) dept.,dated 20-12-1996, whereby the government relaxed the operation of rule 7(2)(b) of a.p. cinemas (regulation) rules, 1970, (for short, 'the rules'), in favour of the 4th respondent thus enabling construction of a touring talkies within ..... did not accord any permission to the 4th respondent. while the mailer stood thus, the 1 st respondent, subsequendy, issued the impugned g.o. dated 20-12-96. relaxing the operation of rule 7(2)(b) of the rules in favour of the 4th respondent for construction of temporary/touring talkies in sy.no.233/1 of penuballi village. the 4th .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(1)ALT589
..... pay the compounding fee; in the wake of any dispute raised by him, the authorities in future, will undoubtedly seize illegally the vehicle while in operation resulting in the passengers being stranded in uninhabited areas without any alternative transport arrangements. some times genuine difficulties might arise, but on the basis of ..... guidelines in that behalf. in support of this contention, the learned counsel relied upon m/s. dwaraka prasad v. state of uttar pradesh, : [1954]1scr803 , corporation of calcutta v. liberty cinema, : [1965]2scr477 , and ram bachan v. state of bihar, : [1967]3scr1 .10. in dwaraka prasad case1, the constitutionality of the uttar ..... be determined by the licensing authority according to local conditions. in corporation of calcutta case2, the scale of fees fixed by the calcutta corporation on the basis of the annual valuation of cinema houses under section 548 of the calcutta municipal corporation act was questioned on several grounds. one of the contentions advanced .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(5)ALT696
..... 2(j) of the industrial disputes act, 1947. the supreme court laid down 'triple tests', as follows:'(a) where (i) systematic activity, (ii) organized by co-operation between employer and employee (the direct and substantial element is chimerical), (iii) for the production and/or distribution of goods and services calculated to satisfy human wants and wishes ..... and full enjoyment of leisure and social and cultural opportunities and, in particular, the state shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.it is too late in the day that the state would be justified in abdicating its functions in securing right to work and ..... of the state legislature; inasmuch as it trenches upon the central legislation, viz., industrial companies (special provisions) amendment act, and (ii) in view of the operation of non-obstante clause contained in the act, the scheme envisaged under section 18 of the act has the same effect as a statute and as such the state .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1989)77CTR(AP)40; [1989]178ITR31(AP)
..... for human consumption (other than indian-made foreign liquor) and forest produce, but also to purchasers of scrap and waste as well. parliament, however, confined the operation of the said provisions only to alcoholic liquor, timber and forest produce (referred to in this judgment as 'specified goods'). it also altered the percentage of profits ..... at the prescribed level and collect tax at the specified percentage thereon. even assessees whose income may be below the taxable limit are not exempted from the operation of the said provisions. (besides the above contentions, there has been a good amount of controversy with respect to the meaning of the words 'purchase price ..... the said business; (ii) 'mineral oil' includes petroleum and natural gas.' section 44bba prescribes a special provision for computing profits and gains of business of operation of aircraft carried on by a non-resident. the provision is similar to section 44bb with the difference that the percentage in this case is 10, as .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)
..... state.seventh schedule[article 246]list i - union list43. incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including co-operative societies.45. bankinglist ii - state list32. incorporation, regulation and winding up of corporation, other than those specified in list i, and universities; unincorporated trading, literacy ..... the above entries in the two exclusive lists, the punjab court relied on the observations and principles laid down in the decision of the supreme court in calcutta gas co. (proprietary) ltd. v. state of west bengal, : air1962sc1044 :'but some of the entries in the different lists or in the same ..... courts have been vary of upsetting this balance by a process of interpretation so as to deprive any entry of its content and reduce it to 'unless lumber' [see calcutta gas company (proprietory) ltd. v. state of w.b. - : air1962sc1044 ). the use of the word 'exlcusive' in clause (3) denotes that within .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(3)ALD762; 1997(4)ALT80
..... 238). it is further contended by the learned counsel that the decision of the supreme court in the provident fund inspector, trivandrum v. the secretary, n. s. s. co-operative society, changanacherry, (1969-ii-llj-693) was not overruled in sayaji mills' case (supra). therefore, the authority proceeded with the matter under a complete misconception. hence, he ..... up proceedings. it is relevant to state here that this court in the course of its judgment in the above case did not over-rule the decision of the calcutta high court in bharat board mills ltd. (supra) but only distinguished it. the facts of that case more or less corresponded to the facts of the case before ..... 13. it is true that the 1st respondent erroneously stated in the order that in sayaji mills' case (supra), the supreme court overruled the n.s.s. co-operative society's case (supra). but he considered all the relevant aspects with reference to the agreement and other material. thus, i find that the impugned order does not suffer .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALD1; 2006(1)ALT785
..... petition after the university made appointments pursuant to resolution of the board of management questioning the very employment notification itself. whether principles of estoppel and waiver operate against them? the answer must be in the affirmative. we are supported by three authorities of the supreme court on this point.125. in manak ..... the question of issuing reservation for the said class but so long as the instructions/rules providing certain percentage of reservations for the backward classes are operative, the same have to be followed.80. therefore, every recruiting authority has to strictly adhere to the rule of reservation as provided in rule ..... principles of res judicata do not apply. notwithstanding this, in view of section 11 explanation vi of civil procedure code, the earlier judgment in a similar proceeding operates as res judicata in subsequent public interest case. whether or not res judicata applies depends upon the facts and circumstances of each case.(vii) whenever .....
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