Court : Andhra Pradesh
Reported in : AIR1965AP118; 1965CriLJ420
..... except the state of jammu and kashmir; so also the rules framed by the central government under the act. before the act was passed by parliament, there were several laws in the various states governing food adulteration. they were all repeated and a uniform law for the entire country was enacted by parliament in 1954. by section 23 of ..... something exceptional or our of ordinary, it would come within the definition of 'food'. (19) now, it is a matter of common knowledge that coconut oil is used extensively in kerala as a cooking medium and malayalees wherever they may, generally use coconut oil for that purpose. that being so, the fact that coconut oil is used as ..... treated as edible oil and the standard of quality is prescribed by the prevention of food adulteration rules, 1955. as noticed above, the rules have been framed by the central government under the power conferred upon them by sec. 23 of the act. rule 5 which occurs in part iii of the rules - headed 'definitions and standards of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)
..... encroachment (see a.s. krishna v. state of madras. : 1957crilj409 ). this principle commonly known as the doctrine of pith and substance, does not amount to an extension of the legislative fields. therefore, such incidental encroachment in either event does not deprive the state legislature in the first case or parliament in the second, of their ..... 1949 act.legislative history and analysis of the relevant provisions of the 1949 act.16. this act as originally enacted was titled the 'banking companies act, 1949'. extensive amendments were introduced in 1965 by act 23 of 1965 including a change in the title of the act as the 'banking regulation act, 1949'. under section 2 ..... recovery tribunal or the appellate tribunal has jurisdiction and section 35 confers overriding effect to the provisions of this act over any other law.28. by s.o. 105 (e) dated 28-01-2003, the central government specified 'cooperative banks' as defined in clause (cci) of section 5 of the banking regulation act, 1949, as a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1969]24STC133(AP)
..... bottom of page 73 where his lordship sulaiman, j., observed as follows :it is thus obvious that a turnover tax or a sales tax is not by any means co-extensive with 'tax on the sale of goods'. the first certainly includes services, fees, commissions etc. which the third cannot. the second may be a mere producers' or manufacturers' tax ..... tax act and is ultra vires the provisions of article 286(3) of the constitution of india. his contention is that section 15 of the central sales tax act, which is a law made by the parliament in exercise of the powers conferred by article 286(3) of the constitution, imposes a restriction with regard to the rate of tax payable ..... that section 5-a is not applicable to declared goods. the contention of the learned counsel that section 5-a is repugnant to the provisions of section 15 of the central sales tax act has to be negatived.51. though it was feebly suggested by the learned counsel that the imposition of additional tax under section 5-a offends article .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1976AP1
..... advisory board and also provide for the maximum period for which any person may be detained under such law. the maintenance of internal security act, 1971 is one of the laws providing for preventive detention. it authorises the state and central governments to detain any person (including a foreigner) upon their satisfaction with respect to that person ..... provisions of the act but also the rules of natural justice that have been held to govern matters relating to the detention of persons without trial for an extensive period. this provision is intended and is declared to be in operation and have effect only during the period of proclamation of emergency issued under clause (1 ..... rights conferred by part iii have been contravened if the said rights are specified in the order.' thus the power of the president in this behalf is co-extensive with that of the parliament, though the conditions for its exercise are defined and limited. hence, if the maintenance of internal security act, 1971 were to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1988(37)ELT25(AP)
..... release or allotment orders, if such allotment or release orders are obtained on misrepresentation or misutilisation of the quotas allotted. it is for that reason that the central government changed its policy. the previous policy was to make allotment on the basis of the consumption in the preceding year or years certified by a chartered ..... issued by the president entrusting the consent of the state government of bombay, to the commissioners of divisions in the state of bombay the functions of the central government under the land acquisition act, 1894 is relation to the acquisition of land for the purposes of the union within the limits of the territorial jurisdiction ..... extend :(a) to the matters with respect to which parliament has power to make laws.' the power of the executive is co-extensive with the power of the parliament and in the absence of any law made by the parliament or where a law made by the parliament does not cover a particular subject, the executive power extends to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1983(12)ELT469(AP)
..... months the petitioner claimed that he was entitled to return of the watches in view of section 11(d). the assistant collector, customs however, had applied for extension of the period by four months and the same was granted on 19th september, 1963 under the proviso to the said section. the extended period of four ..... of confiscation and penalty is illegal and without jurisdiction. on the other hand it is contended by mr. subrahmanya reddy, the learned standing counsel for the central government tha the contravention complained of is that of the gold (control) rules and for ordering confiscation and imposing penalty for the said contravention no period of ..... gold (control) ordinance, 1968. as the gold (control) act does not disclose a different or contrary intention, liability incurred or proceedings initiated under the repealed law must be held to continue. in this context the supreme court laid down the principle that for ascertaining whether there is a contrary intention, one has to look .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1983AP69
..... 7-1982 and 9-7-1982 and take copies of any documents in the presence of the secretary to the commission within the stipulated time. he was also granted extension of time to avail of the opportunity as provided in the notices under section 8b of the act by 12-7-1982. on 5-7-1982 while the ..... no. 146, general administration (general-b) department, dated 17th march, 1982 the government of andhra pradesh appointed a commission of inquiry under the commissions of inquiry act, 1952 (central act 60 of 1952) consisting of a single member viz., sri susheel kumar, i.a.s. commissioner of sugar and ex-officio secretary to government industries and commerce department to ..... or advise on action which another body may take in its own name and in its own discretion......'the law commission of india, in its 24th report observed at page 12, after extracting rules 4 and 5 made by the central government under section 12 of the act.'we think that since these rules, embody the fundamental principles of natural .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1987AP53
..... census report of 1961 (particularly for the identification of primitive tribes, aboriginal tribes, hill tribes, forest tribes and indigenous tribes). (iii) personal knowledge gained through extensive touring of the country and receipt of voluminous public evidence as described in chap. x of this report; and (iv) lists of obcs. notified by ..... contentions are the following : this ceiling has the effect of depriving even the members of the families of class iv employees under the state government/central government/public undertakings. even the family of an agricultural labourer, where both husband, wife and even children work, are excluded from the backward classes. ..... help from the a.p. backward classes co-operative finance corporation ltd. the government took up this matter for consideration and sought the opinion of the law department. the government was advised that according to the anantharaman commission, muslims as such cannot be included among the backward classes, except 'mehtars' and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1991]72CompCas588(AP)
..... to the articles of association of a company incorporated under the companies act and such articles of association have never been held to have the force of law.....'11. the decision in co-operative central bank : (1969)iillj698sc was followed by the supreme court in b. k. garad v. nasik merchants' co-operative bank ltd., : [1984]1scr767 ..... to recover amounts due to the societies as arrears of land-revenue, power to provide common cadres for the employees of several independent societie, as also the extensive power to give binding directions vested in both the government and the registrar not only in the interest of shareholders, depositors and creditors, but also in the ..... pervasive control, within the meaning of the fourth test aforesaid. it must be noted that in this particular writ appeal, the society concerned is a co-operative central bank, which is included within the categories of societies, included in section 116-a.(5) whether the functions of the society are of public importance and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(1)ALT315
..... should not mechnically pass orders of remand without verifying the entries in the case diaries and satisfying themselves about the real necessity for granting the remand or extension of remand.(ii) under no circumstance a magistrate can order the detention of any person in custody or extend such detention without the production of the accused ..... represented that instances are not rare wherein magistrates, on requisition, go to jails, hospitals etc., to make an initial order of remand and also to pass extension of the remand already passed. according to them while proviso (b) of section 167(2) would specifically state that the accused should be produced before the magistrate ..... a), is an indispensable pre-requisite.23. in elumalai v. state of tamil nadu and two ors., 1983 law weekly notes (crl) 17 three writ petitions were filed on behalf of three remanded prisoners in the central prison, madras, for the issue of writs of habeas corpus directing the state of tamil nadu and the superintendent .....
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