Court : Andhra Pradesh
Reported in : 2010(174)LC169(AP)
..... 9a of the customs tariff act 1975 (the act, for brevity), was inserted by the customs tariff (second amendment) act 1992, which was substituted by the customs tariff (amendment) act 1995, with effect from 01.01.1995, which again underwent several amendments. ..... of central excise : (2002) 5 scc 167, supreme court referring to dcm (supra) reiterated the settled law as under.it is well settled that a question as to when a manufacture of product takes place within the meaning of section 2(f) of the act (central excise act, 1944) is mixed question of law and fact. ..... context otherwise requires-(b) 'domestic industry' means the domestic producers as a whole engaged in the manufacture of the like article and any activity connected therewith or those whose collective output of the said article constitutes a major proportion of the total domestic production of that article except when such producers are related to the exporters or importers of the alleged dumped article or are themselves importers thereof in which case such producers may be deemed not to form part of domestic industry. ..... the tariff classification under chapter 85 of the custom tariff act deals sdh under one sub-heading and other multiplexers, optical multiplexer software under different ..... : (2004) 2 scc 130, supreme court referring to om kumar (supra), summarized the scope of primary and secondary review, which reads as underin om kumar (supra), however, this court evolved the principle of primary and secondary review .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALT611
..... and to do all other acts, deeds and things which are necessary and incidental thereto.resolved further that common seal of the company be affixed wherever necessary to implement and give effect to above resolutions; in the presence any one director of the company and the company secretary who shall sign any such document in token thereof.it was observed that there is a need to convene a general meeting of the members of the company in order to amend the memorandum of ..... (2004)illj161sc wherein it was observed at paras 18 and 27 as hereunder:learned senior counsel appearing for the respondent has drawn our attention to the various provisions of the reserve bank of india act, 1934 (for short 'the rbi act'), the banking regulation act, 1941 and the industries (development and regulation act, 1951 so as to emphasise that there is deep and all pervasive statutory control and the control of the ..... selected not only for the reasons mentioned in paragraph 1 above, but also for the fact that we have the experience in setting up a power project and also running it with tariff being the lowest in the country amongst the private sector ipps set up in the country so far.we may also add that for any reason our ..... chapter iv of the securitisation act makes provision for the establishment, functioning and operations of a central registry for the purpose of registration of transaction of securitisation and reconstruction of financial assets and creation of security interest under this act ..... .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)
..... chapters ix, xi and xii contain provisions relating to winding-up and cancellation of registration of a society, to appeal, revision and review and offences and penalties, respectively; chapter x includes provisions relating to execution of decisions and decrees and to the power of the registrar to recover amounts and other provisions for recovery of debts due to a cooperative society; chapter xiii includes provisions relating to the financing banks and primary agricultural societies and matters connected therewith and incidental thereto; chapter xiii-a, inserted in the 1964 act by an amendment under ap act ..... part of the territory of india not included [in a state] notwithstanding that such matter is a matter enumerated in the state list.article 254: inconsistency between laws made by parliament and laws made by the legislatures of states(1) if any provision of law made by the legislature of a state is repugnant to any ..... with, or instituted against, the liquidator as such or against the society or any member thereof on any matter touching the affairs of the society except by leave of the registrar and subject to such terms and conditions as he may impose:provided that where the order of winding up is cancelled, the ..... central board of excise and customs, central board of revenue or the central board of direct taxes have been treated as admissable aids to construction, instruments and ..... 2004 granted interim stay of all further proceedings pursuant to the certificate dated 14-6-2004 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(3)ALD370; 2006(3)ALT433
..... the act (central act 13 of 1985) is an act to provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the union or of any state or of any local or other authority within the territory of india or under the control of the government of india or of any corporation or society owned or controlled by the government in pursuance of article 323-a of the constitution and for matters connected therewith or incidental thereto ..... in chandra kumar's case (supra) it was held:in kesavancmda bharati's case, 1973 (4) scc 425 = air 1973 sc 1461, a 13-judge constitution bench, by a majority of 7:6, held that though, by virtue of article 368, parliament is empowered to amend the constitution, that power cannot be exercised so as to damage the basic features of the constitution or to destroy its basic structure. ..... : (1961)illj540sc , it was held that in the interpretation of statutes the courts always presume that the legislature inserted every part thereof for a purpose and the legislative intention is that every part of the statute should have effect and these presumptions will have to be made in the case of rule making authority also. ..... (see section 59 in chapter delegated legislation in francis bennior's statutory interpretation 3rd edn ..... gurram krishnavenamma : 2004(4)ald787 (db), the division bench of which one of us (justice .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD1; 2004(1)ALT659
..... amendment of the constitution and article 368 of the constitution deals with power of parliament to amend the constitution and procedure thereof. ..... title, extent and provisions relating to commencement of the act and the definitions.part-ii chapter-i sets out provisions relating to constitution, administration and control of gram panchayats including provisions relating to election of members, reservation of seats, term of office, qualifications and disqualifications of candidates, resignation of members, upa-sarpanch and sarpanch, appointment and functions of the executive authority and provisions relating to officers and other employees of the gram panchayat as well as the composition and powers of beneficiary committees and functional committees.chapter-ii of ..... the sources of income of a mandal parishad as comprising of (i) funds relating to institutions and schemes transferred by the governments or heads of departments to the parishad; (ii) funds relating to community development programmes; (iii) central and state aid and aid received from all india bodies and institutions for the development of cottage and village industries, khadi, silk, coir, handicrafts and the like; (iv) donations and contributions received by the parishad from gram panchayats or public; (v) such income of the ..... the excision of the unconstitutional statutory provisions would destroy the ratio of the 1994 act and render inoperable the entirety of the 1994 act, we declare the andhra pradesh panchayat raj act, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALD807; 2004(5)ALT755
..... , the constitutional bench by majority observed that while holding that in respect of the acquisition proceedings initiated prior to the date of commencement of amending act, the additional amount payable under section 23 (1-a) will be restricted to matters referred to in clause (a) and (b) of sub-section (1) of section 30 of the amending act, it observed that a statute dealing with a substantive right differ from a statute which relates to procedure or evidence or is declaratory in ..... acting under excise tariff act, 1902 called upon the appellants to pay certain excise ..... appeal conferred by the provisions of portuguese act, the forum that could be, lodged appeal would govern by the portuguese code and observed that right of appeal is a substantial right and it gets vested in a litigant, no sooner the us is commenced in the court of the first instance and such right or any remedy in respect thereof will not be affected by any repeal of ..... 'nullity' or 'omission to adjudicate' on the point of prescription occurs was delivered on 20-1-1968, that is, long after the extension of articles 132, 133 and 134 of the constitution rules framed under article 145 of the constitution and sections 109 and 110 of the code of civil procedure to goa, daman ..... in possession, thereupon a notice was issued under section 27(1) of the central act xxxi of 1950 to the appellant to show-cause why the order ..... appeal by a single judge pursuant to the amendment of rule 1(b), chapter i, part i of the high court rules .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]110CompCas193(AP)
..... amendment act, 1988, the judicial and quasi-judicial functions vested in the central government under sections 17, 18, 79 and 144 were being exercised by the board as its delegate apart from discharging statutory functions and the composition of the board was from among the officers of the central government and the high court was exercising powers under chapter vi in granting relief against the acts of oppression and mismanagement ..... register said to have been maintained under the provisions of the central excise act which contains the day-to-day particulars of opening stock production, sales and closing stock together with statement of reconciliation for the year 1994-95 and it is also the case of the respondent-company that the entries in the rji register are being periodically verified and signed by the authorities.248. ..... on may 30, 1992, at 20-6-2, sitapatirao street, kakinada 533 -1.the chairman placed before the meeting a photostat copy of the registered deed of memorandum and articles of association of sri srinivasa educational society, kakinada. ..... of the board, the order to be passed under section 397 or 398 of the act may grant one or more reliefs mentioned in this section including the purchase of the shares or interests of any members of the company by other members thereof or by the company itself with a view to bringing to an end or prevent the ..... )19,50,19,3003,67,99,2004,32,16,50046,05,3502,7961995-96 opening stock1,24,385 5,394 production39,22,3831,67,9551,72,1971,76,316 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(3)ALD241; 2008(4)ALT53
..... , have questioned the vires of section 3-a of the andhra pradesh motor vehicles taxation act, as inserted by the andhra pradesh motor vehicles taxation (amendment) act, 2006 (act 33 of 2006), and the notification issued in g.o.ms. no. ..... permit or that the vehicle is being plied without a permit, he prepares a check report in triplicate and furnishes a copy thereof to the driver of the vehicle, that the check report is to be signed by the driver and on occasions passengers are also requested to sign the check report, that the motor vehicles inspector then seizes ..... central excise ..... the circumstances specified in the section itself, it is well to remember that under article 265 of the constitution not only the levy but also the collection of a ..... chapter v relates to control of transport vehicles and, under section 66(1), no owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying passengers or goods save in accordance with the conditions of a permit granted or countersigned by a regional or state transport authority or any prescribed authority authorizing him the use of the vehicle in that place and ..... royal reddy 2004 (2) ald 225, a larger bench of this court held that, in the absence of any provision in the taxation act providing for payment of a higher rate of tax for vehicles plying in deviation of the permit conditions, and as long as there was no alteration in such a manner as to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2009AP32; 2008(6)ALD209; 2009(6)ALT97; [2009]147CompCas172(AP); [2010]97SCL27(AP)
..... credit of the central government under this act including the amount required to be paid to the credit of the central government under section 28b is not paid, transfers or otherwise disposes of his business or trade in whole or in part, or effects any change in the ownership thereof, in consequence of which he is succeeded in such business or trade by any other person, all goods, materials, preparations, plants, machineries, vessels, utensils, implements and articles in the custody ..... this apart, the earlier order of detention dated 19.12.2000 passed by the assistant commissioner of central excise under section 72(2) read with section 142 of the customs act, in respect of 1st and 2nd consignments is also required to be declared as null and void and non-est in the eye of law for the reason that there was neither any demand notice nor any notice issued ..... arises or such application has been made or is made before or after the order for the winding-up of the company, or before or after the commencement of the companies (amendment) act, 1960. ..... to the fact that since there was no response from the borrower company for the notice issued under section 13(2) of the sarfaesi act on april 17, 2004, after lapse of time as provided under the sarfaesi act, the petitioner-bank took constructive possession of the secured assets on february 8, 2005, and physical possession of the same on march 29, 2005. ..... other provisions of chapter-i of part vii, broadly deal with the nature and extent of liability .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(6)ALD582; 2005(6)ALT364
..... in the above context if article 338v and article 340 are construed, the expression 'backward classes' can only refer to certain castes, races, tribes or communities or parts thereof other than scheduled castes, scheduled tribes and the anglo-indian community, which are ..... here again, as mentioned in relation to school education, we do not find much disparity in the percentage of admissions of muslim students and non-muslim students.table i.3 professional courses - engineering (number of admissions)eamcet ecetyear 2002- 2003- 2004- 2002- 2003- 2004-2003 2004 2005 2003 2003 2005total 46638 44627 46532 - 4405 3869studentsprivate muslim 650 848 1058 - 118 142engineering studentsstate 0.061 0.08 0.061 - 0.0057 0.005averagemuslim 0.009 0.012 0.015 - 0.00168 0.002averagetotal 2305 2016 1970 - ..... courts have interpreted equal protection clauses of the fifty amendment and fourteenth amendment (amendment v no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public ..... section 9 and 11 are found included in chapter iii of the act with a heading 'functions and powers of the ..... the national commission for backward classes in its report submitted to central government on 04-07-2002 refers to twenty-four existing muslim castes/communities which are also found in the encyclopaedia of world muslims referred to .....
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