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 : AIR1990AP100
..... 20 of the 3rd amendment act, the entire 2nd amendment act was excised from the statute and its operation thereof is obliterated. ..... jagannadha rao, learned senior counsel for the central government also has stated that he does not find any obscenity or repulsiveness or vulgarity in the picture as shown to us on the first occasion. ..... the words 'deprave' and 'corrupt' refer to the effect of pornographic articles or motion pictures on the mind inculcating or exciting motions and it is not essential that any physical activity or (if that phrase has a different meaning) any overt sexual activity is necessary. ..... chapter ii of the principal act is its livewire. ..... in the chapter on perversion, the entire episode of perversion and sadism of male torturing his wife till her body is shown on the beach is offensive to human sensibilities by its depravity and it places the cruelty of the man shown exceeds limits. ..... 355 under the chapter 'construction of repeal clauses', it is stated that the effect has to be understood by examining the scheme of the drafting the legislature has adopted. ..... in the family planning sequence, there are visuals of female genitals; visuals of cleaning of vagina, visuals of genitals while putting on a condom, loop insertion chapter i, vasectomy, tubectomy, abortion, m.t.p. ..... in the chapter on test tube baby, there are visuals of a man collecting semen in a test tube. .....
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 ..... 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 ..... aluminium .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(6)ALD517; 2007(6)ALT259
..... that the above decision was rendered by the supreme court while interpreting the scope and the extent of power conferred on the state government under sub-sections (1), (2) & (3) of section 11(3) of the mm(d&r;) act as it stood prior to its amendment by act 38 of 1999.72. ..... : (2004)3scc553 while observing that in certain cases even a disputed question of fact can be gone into by the court entertaining a petition under article 226 of the constitution of india, it was held as under:while entertaining an objection as to the maintainability of a writ petition under article 226 of the constitution of india, the court should bear in mind the fact that the power to issue prerogative writs under article 226 of the constitution is plenary in nature and not is ..... against the impugned order dated 18-6-2007 passed by the 1st respondent under section 10 of the mm(d&r;) act granting lease in favour of the 9th respondent and refusing the application of the petitioner in w.p.nos.9723 & 14818 of 2007 for grant of a mining lease, a revision lies to the central government (mines tribunal) under section 30 of the mm(d&r;) act read with rule 54 of the rules.29. ..... in pursuance thereof, the government of india vide letter dated 30.3.2007 called upon the state government to furnish comparative chart of merits in respect of all the applicants, observing that all applications ..... chapter iv of the said rules consisting of rules 22 to 40 deals with grant of mining leases in respect of the land in which the ..... excise .....
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 : 2008(1)ALT113
..... it is also stated that the board for industrial and financial reconstruction (bifr) has itself vide its order dated 27-1-2005, while sanctioning the rehabilitation scheme, expressly stated in para 8 thereof that the provisions of the scheme shall have effect notwithstanding anything contained in any other law (except the provisions of fera and ulcra),or in the memorandum and articles of association of the company or any other instrument having the effect ..... the sick industries (special provisions) amendment act, 1993 any scheme would be ..... (2) where there has been, under any scheme under this act an amalgamation of a sick industrial company with another company, the provisions under section 72a of the income tax act, 1961 (43 of 1961) shall, subject to the modifications that the power of the central government under that section maybe exercised by the board without any recommendation by the specified authority referred to in that section apply in relation to such amalgamation as they apply in ..... respondent (idbi) had submitted a draft modified scheme on december, 30, 2004 and bifr had sanctioned the modified rehabilitation scheme vide its order dated january, ..... his submission had drawn the attention of this court to the relevant bifr reservations, 1987 (hereinafter referred in short as 'the resolution' for the purpose of convenience) in particular chapter vi the procedure for preparation and sanction of the scheme under section 18 of the act, the regulations 27 to 33 in particular. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALD474; 2004(3)ALT417
..... therefore, we shall confine ourselves to examine the attack of challenge to the validity of section 12-a of the act on the touchstone of article 14 of the constitution, with regard to such of those parts that were newly incorporated by the amended act.37. ..... undertaken, by the government or one or more government companies or one or more corporations owned or controlled by the government, or a society in which majority of shares are held by one or more of the aforesaid persons or any combination thereof,-- (i) has become a sick co-operative society and there is no possibility to rehabilitate it; or(ii) being in processing, manufacturing or other industrial sector, has its unit or units lying incomplete or idle or underutilized for want of funds or for any other reason, or ceased to undertake its operations ..... there is no dispute that the sap fixed by the state government is more than the smp fixed by the central government in exercise of the power under clause (3) of the control order, 1966. ..... the said words cannot be limited or confined to a particular chapter in the constitution or to a particular set of articles...... ..... the provisions of the constitution include the chapter relating to fundamental rights, the chapter relating to directive principles of the state policy as also the preamble to the constitution. .....
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 ..... 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 ..... 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 ..... 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 ..... 65, indian aluminium company limited .....
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 .....
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