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 : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)
..... the suit, or when a decree for eviction was passed, the amended section 32(c) was not in force, but was introduced during the pendency of the appeal a tenant, who continues to remain in possession of a building whose rent is below the limits prescribed in the amended section 32(c), for being exempted from the provisions of the act, is entitled for the protection of act 15 of 1960, more particularly section 10(1) thereof, and the appellate court is divested of its jurisdiction to pass a decree of ..... arrived at with reference to a suit, appeal, revision or execution proceeding, which is either recorded in court or otherwise reduced to writing and signed by 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' and again in the wording of the section itself it provides : 'no suit shall be instituted for eviction' this clearly indicates that the ..... is also a case where during the pendency of suit filed by the landlord for eviction of the tenant, the place where the suit was pending was declared as municipality attracting the provisions of central provinces and berar letting of houses and rent control order, 1949 (for short 'the order'). ..... [1986]2scr596 , declared section 30(ii) as violative of article 14 of the constitution and consequently the said provision was struck down. ..... and excise ..... of 2004, preferred against the judgment and decree .....
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 : 1994(1)ALT426; 1993(43)ECC1; 1993(67)ELT769(AP)
..... this is an inclusive definition; it includes any process which is incidental or ancillary to the completion of a manufactured produce and also the process which is specified in relation to any goods in the section or chapter notes of the schedule to the central excise tariff act, 1985, as amounting to manufacture. 29. ..... section 11b of the central excise act and section 27 of the customs act have been challenged on various grounds; it is violative of article 14 of the constitution being arbitrary as there is no nexus between the amended provisions and the object sought to be achieved by the amendment act; the impugned provisions are only a device to enable the state to continue to retain the excise duty/customs duty illegally levied or collected in breach of article 265, since unless and until a person who had paid duty but has not passed on the incidence of duty ..... amount was so deposited by the dealer so much amount which was not due as tax was held by the state government in trust for the persons from whom it was realised by the dealer of the liability in respect thereof to the extent of the deposit. ..... but an authority created by a statute cannot question the vires of that statute or any of the provisions thereof whereunder it functions. .....
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 : 2010(1)ALT112
..... . the various provisions as contained in amendment act, 1984 were again discussed with eminent muslim personnel and a comprehensive bill namely, wakf bill 1993 was introduced by the parliament and ultimately the wakf act, 1995 was enacted and brought into force with effect from 01.01.1996 throughout the country except the state of jammu & kashmir ..... the provisions of the present wakf act, 1995, which provides for election of one or two mutawallis to the wakf board is detrimental to the interests of mutawallis and is violative of article 14 of the constitution as the wakf act, 1995 does not interfere with the right of the mutawallis to manage the wakf properties under their charge so long as they manage it in accordance with the intention of the wakif and apply the income thereof to the objects and for the purposes for which ..... for his own maintenance and support during his lifetime or for the payment of his debts out of the rents and profits of the property dedicated.provided that the ultimate benefit is in such cases expressly or impliedly reserved for the poor or for any other purpose recognized by the mussalman law as a religious, pious or charitable purpose of a permanent character.the said legislation was followed by wakf act, 1913; wakf act, 1954; wakf (amendment) act, 1984 and the present ..... . chapter iii deals with the establishment and constitution of central wakf council and chapter iv with die establishment of state boards and their functions .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006CriLJ3988
..... section 2(ia) of the prevention of food adulteration act, 1954 defines 'adulterated' to mean:(ia) 'adulterated'-an article of food shall be deemed to be adulterated-(a) if the article sold by a vendor is not of the nature, substance or quality demanded by the purchaser and is to his prejudice, or is not of the nature, substance or quality which it purports or is represented to be;(b) if the article contains any other substance which affects, or if the article is so processed as to affect, injuriously the nature, substance or quality thereof;(c) if any inferior or cheaper substance has been substituted wholly or in part for the ..... 4325 of 2003, 3701 of 2004, 3856 of 2005, and 1007 of 2003, as to whether delay, in furnishing a copy of the analyst report beyond the 'best before' date or the expiry date of the shelf life of the product, could, by itself, be said to have resulted in the accused being denied the opportunity of sending the sample for analysis to the central food/ seeds laboratory, and in their suffering prejudice thereby. ..... the rule making authority could never have intended to amend the statute by super adding the word 'immediately' as indeed it was not competent to do. ..... (2) the seed analyst shall analyse the samples in accordance with the procedure laid down in the seed testing manual published by the indian council of agricultural research as amended from time to time. ..... rule 9-a is made in the context of the amended. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1967AP299; 1967CriLJ1470
..... the relevant portion of clause 36 of the letters patent of the madras high court (as amended in 1919) which applies to this court reads:'single judges and division courts' - and we do hereby declare that any function which is hereby directed to be performed by the said high court of judicature at madras, in the exercise of its original or appellate jurisdiction, may be performed by any judge, or by any division court thereof, appointed or constituted for such purpose in pursuance of section 108 of the government of india act, 1915. ..... . the argument advanced on behalf of the respondent that as chief justice chandra reddi was transferred from this court to the madras high court five days before the publication of the offending articles in the andhra herald, anything said against him in regard to his judicial functions or administration of justice should be ignored, is not supported by authority or principle ..... in that case, proceedings in contempt were taken for publishing in the amrita bazaar patrika an article which said:'it is so unfortunate and regrettable that at the present day the chief justice and the judges find a peculiar delight in hobnobbing with the executive, with the result that the judiciary is robbed of its independence which at one time attracted the admiration of the whole country. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1988AP77
..... 38-e are not outside the scope of this legislation relating to relationship between landlord and tenant, (6) (7) the legislative competence in this regard under entry 18 of list 11 cannot he doubted; (8) (9) the amending act 2 of 1979 did not purport to overrule narasiah's case (1979 (1) andh wr (hc) 23) but merely sought to fill up the lacunae mentioned in that case, (10)(11) the words has been transferred to the protected tenant under sub- ..... that ownership of all lands held by protected tenants which they are entitled to purchase from their landholders in such area under any provision of this chapter shall, subject to the conditions laid down in sub-section (7) of section 38, stand transferred to and vest in the protected tenants holding them and from such date the protected tenants shall be deemed to be the full owners of such lands: provided that where in respect of any such ..... are in entire agreement with the learned judges in chennaiah's case : air1983ap34 that once the certificate is issued, and has, after any proceedings in appeal or revision, become final, it is conclusive proof of ownership and the validity thereof cannot be challenged by the landholder or anybody claiming through him or other persons having any interest therein', (as ..... under this sub-section, it shall he lawful for the tahsildar to restore the possession of the said land to the protected tenant or holder of the certificates, after giving notice of eviction to the occupant thereof, in the prescribed manner. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALD536; 2008(4)ALT503; IV(2008)BC298
..... section 13(3-a) inserted by amending act 30 of 2004 after the judgment of this court in manila chemicals's case (supra), whereby the borrower is permitted to make representation/ objection ..... of security interest:(2) where any borrower, who is under a liability to a secured creditor under a security agreement, makes any default in repayment of secured debt or any installment thereof, and his account in respect of such debt is classified by the secured creditor as non-performing asset, then, the secured creditor may require the borrower by notice in writing to discharge ..... of whatever nature relating to the said financial asset is pending by or against the bank or financial institution, save as provided in the third proviso to sub-section (1) of section 15 of the sick industrial companies (special provisions) act, 1985 (1 of 1986), the same shall not abate, or be discontinued or be, in any way, prejudicially affected by reason of the acquisition of financial asset by the securitisation company or reconstruction company, as the case may be, ..... submit that the very claim is barred by article 137 of the limitation act, 1963 and in the facts and circumstances the writ petitioner cannot invoke the alterative remedy under section 17 of the act and hence the writ petition as such is maintainable and the same cannot be thrown out on the ground ..... done by the bank or fi in terms of the guidelines issued by rbi.section 13 falls in chapter iii which deals with the enforcement of security interest. .....
Tag this Judgment!