Court : Andhra Pradesh
Reported in : 2008(2)ALT611
..... (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 ..... proceeds in respect of the existing project.existing project contracts shall mean the following contracts, agreements, as amended/as may be amended and supplemented from time to time in respect of the existing project:(i) the power purchase agreements;(ii) ..... about the usefulness ..... 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 ..... future cash impact of 'the provision for bad debts' made by the hdec in its accounts ..... 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 ..... possible to accept that the measure is one under the securitisation act nor can therefore it be stated that the action is bad in law in any way ..... .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP60; 2003(3)ALD762
..... the central enactment clearly speaks of determination of tariff for using transmission facilities by the state commission to be constituted under central electricity regulatory commission act by providing necessary guidelines for fixation of charges ..... nadu public men (criminal misconduct) act, 1973 and the code of criminal procedure, as well as the prevention of corruption act and criminal law amendment act, having surveyed the case law, ..... to the other a clear and unequivocal promise which is intended to create legal relations or affect a legal relationship to arise in the future, knowing or intending that it would be acted upon by the other party to whom the promise is made and it is in fact so acted upon by the other party, the promise would be binding on the party making it and he would not be entitled ..... has been reserved for theconsideration of the ..... tariff act, 1934 imposing only countervailing duty, their lordships of the supreme court held that 'the central excise act and salt act, 1944 and indian tariff act ..... the court should avoid interpretation of provisions of two statutes 'a head on clash' and whenever it is possible to do so, to construe provisions which appear to conflict so that they harmonise in the following words:'a familiar ..... review of the incentives to take effect from 1st april, 2004, will be undertaken by the commission after discussions with ..... under section 22(2) of the act, subject to the provisions of chapter iii and without prejudice to the provisions of sub-section (1), .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2006AP198; 2006(3)ALD216; 2006(3)ALT319; 2006(33)PTC456(NULL)
..... the suit on the ground that the contract between him and the plaintiff was illegal as being opposed to the provisions of central excise and salt act. ..... oral and documentary, adduced on the point, eventually the trial court held that the defendants offered to the plaintiff to pay at the rate of rs.50,000/-for each volume and that the plaintiff could not be held to have violated the provisions of the copy right act, inasmuch as the defendants being the publishers it was their bounden duty to obtain permission or authorization from the original writer of the books. ..... the defendants 1 and 2 inter alia in the written statement was that the acts of the plaintiff were in utter violation causing infringement of rights under the copy right act, for which the defendants reserved the right to take proper action at the relevant time. ..... although it is not known as to under what authority the first defendant could publish the book and whether the act of the first defendant in having published the book was in utter infringement of the copyright of the original authors, it seems to be clear that there must have been an understanding in between the authors of ..... but, it was the case of the third defendant that the plaintiff requested the defendants to use his good offices and asked him to pay rs.75,000/- towards his remuneration; that the said amount, was paid in advance; that the plaintiff although promised to revise the books ..... illegality precluding restitutionary claims is postponed to chapter 35. ..... 2004 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)
..... amendment made to the land acquisition act 1894 by introducing section 23(1)(a) by the land acquisition (amendment) act 1984 on the cases which were pending reference before the reference court as on the date of commencement of the amendment act, held:a statute is regarded as retrospective if it operates on cases or facts coming into existence before its commencement in the sense that it affects, even if for the future ..... the tenant.this is put in chapter iv with the heading 'regulation and eviction' and the section starts with title which is printed in bold 'bar of suit for eviction of tenant except on specified grounds ..... act provided that the act would not apply to any area which the state government may, from time to time, by notification in the official gazette specify as being reserved for ..... for use in such house or hut or part of a house or hut, but does not include a room in a hotel or boarding house;section-2(ix) of the act defined 'tenant' as:tenant means any person by whom or on whose account rent is payable for ..... possible ..... central government, or cantonment board or any local authority;(b) to any building constructed or substantially renovated, either before or after the commencement of this act for a period of fifteen years form the date of completion of such construction or substantial renovation.explanation i :--a building may be said to be substantially renovated if not less than seventy five percent of the premises is built new in accordance with the criteria prescribed for .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALD807; 2004(5)ALT755
..... the contentions raised before the supreme court was that karnataka rent control (amendment) act, 1994 exempting from the operation of the act premises belonging to religious or charitable institutions regardless of whether such institutions were under the management of state governments which came into force during revision stage of suit for eviction of the respondent, manager of temple against appellant, held that ..... acting under excise tariff act, 1902 called upon the appellants to pay certain excise ..... in common sense that, where vested rights have already accrued, and legislation is passed which uses words expressive of futurity, such as 'shall' or 'shall not', which prima facie would appear to be meant to be applicable to future cases, it is not to be construed retrospectively so as to affect those vested rights, unless terms are used which clearly compel the court to give it that construction, this is only to impute common ..... cases, the clear cut distinction between laws of procedure and substantive law is not possible and hence the language, object and reasons and the circumstances under which the ..... put 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 of the ..... , privilege having been granted to the court to reserve cases for decision by a superior tribunal if the court exercising ..... this 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 : 2005(6)ALD582; 2005(6)ALT364
..... and hills offer an example of geographic and territorial insularity in terms of fiscal values and natural resources; the limited possibility for maintenance of human numbers, standards of living and property; the people of these areas are classes of citizens who do not make effective use of resources; there are large areas of land that maintain a sparse, disorderly and illiterate population of small ..... 2004 directing provision of 5% reservation for muslims in the state in educational institutions and public employment, over and above the reservations ..... the u.s. 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 danger; nor shall any person be subject for the same offence to be twice put ..... classification. apprehending that these observations of the high court would limit the state's future programmes of reservations, the correctness of the high court's observations was canvassed before the supreme court, though as ..... found included in chapter iii of ..... castes/communities in andhra pradesh as per anthropological survey of india's publication 'india's communities', the commission rejected the request for inclusion of muslim in the central list of backward classes as it is not a socially homogenous class .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(4)ALD210; 2006(4)ARBLR75(AP)
..... after allowing the 1967 rules with amendments carried out in 1984 to prevail for about a period of six years, the state government decided to repeal the 1967 rules and to replace them by the impugned executive instructions with no provision for reservation of posts of law officers for backward classes, scheduled castes and scheduled tribes advocates and accordingly issued the impugned notification and the order, dated 16.3.1990, giving rise to these questions. ..... the hon'ble supreme court dealt with the expression/phrase as far as possible and held that when such an expression is used it connotes that the discretion to follow the guidelines is vested with the concerned authorities. ..... meritorious was undertaken and the appointments were made only on the basis of the merit and not for any other consideration.it would be evident from chapter v of the said manual that to appoint the chief standing counsel, the standing counsel and the government advocate, additional government advocate, deputy government advocate and assistant government advocate, the state government is under no ..... land grabbing (prohibition) act 1982 and also one special counsel on central administrative tribunal, hyderabad bench besides two special counsel for commercial taxes in june/july 2004. ..... at p.573 with the heading 'application for judicial review' in chapter 17, it is stated thus:all the remedies mentioned are then made interchangeable by being made available 'as an alternative or in addition' to any of them. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)
..... of section 6;'(fii) in section 9, for the second proviso, the following provisos shall be substituted, namely:-'provided further that in the case of a primary credit society which becomes a primary co-operative bank after the commencement of clause (iii) of section 42 of the banking laws (amendment) act, 1983, the period of seven years shall commence from the day it so becomes a primary co-operative bank.provided also that the reserve bank may, in any particular case ..... while circulars issued under statutory power by agencies such as 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 directions issued by revenue department for enforcement of taxing statute have not been considered as an admissible ..... notwithstanding' in clause (1) also means that if it is not possible to reconcile the two entries the entry in list i will prevail ..... used in this chapter but not defined shall have the meaning respectively assigned to them in the said ..... learned single judge of this court by the order dated 11-10-2004 granted interim stay of all further proceedings pursuant to the certificate dated 14-6-2004, on condition that the writ petitioner should deposit half the ..... market' (entry-48 list-i) was construed as a specific entry which abstracts from the general entry relating to 'trade and commerce within the state' (entry-26 of state list), the legislative field of 'future markets. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)
..... for consideration, any immovable property for the purpose of section 53a of the transfer of property act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the registration and other related laws (amendment) act, 2001 and if such documents are not registered on or after such commencement, then, they shall have no effect for ..... decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent of the value of one hundred rupees and upwards, to or in immovable property;(f) any decree or order or award or ..... make the transfer (section 41 of the tp act); (iv) in a transfer of property where the seller reserves the power to revoke the transfer, the subsequent purchaser can always proceed as if the transferor revoked earlier transfer (section 42 of the tp act); and (v) if a transfer takes place where ..... event of its coming to the conclusion that a literal meaning is possible to be rendered, would not embark upon the exercise of judicial ..... centrally maintained register - the legislation relating to registration of the title is directed to the manner in which the law and practice of conveyancing are to be adapted to the use of a centrally ..... act - the chapters and sections of this act which relate to contracts shall be taken as part of the indian contract act ..... 2004 ..... excisability .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT71
..... 2 of the said amendment act provided that notwithstanding anything contained in the hmc act, 1955, the andhra pradesh municipalities act, 1965 and the andhra pradesh urban areas (development) act, 1975, the government shall have power to regularize unauthorized constructions made by the owners or individuals, who constructed the buildings unauthorizedly or in deviation of the sanctioned plan upto 30.06.1998, filed voluntary declarations or applications for regularization as stipulated in ..... 5 though the buildings constructed within the building line on such major roads can be considered for regularization or penalization but is subject to an undertaking given by the owner/builder that in the event of any part, thereafter, is being affected in future road widening or other public purpose, he would surrender the affected portion without claiming any ..... the requirement of open spaces in any layout or master plan irrespective of the purpose for which the zone is reserved is required to be kept as such and is not allowed to be frittered away by permitting constructions and later on permitting such constructions ..... ap urban areas (development) act only to ensure that as far as possible the approved land use must be maintained in every ..... the respondents while answering various queries of the citizens regarding the penalization scheme under the chapter 'frequently asked questions' in the said brochure. ..... union of india : air 2004 sc 1295 for the proposition that no motives can be attributed when .....
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