Court : Andhra Pradesh
..... the contentions urged on behalf of the revision petitioner-jdr no.5 is that in view of the amendment to the chit fund act, the execution petition before the civil court is not maintainable and therefore, the order is liable ..... provisions would obviously indicate that if the chit was registered/commenced prior to the commencement of the central act, the civil court would have jurisdiction to entertain a suit. ..... on 31.01.2005, when the first defendant joined as subscriber in chit group gnrl-5/13 and executed a chit agreement and on 14.12.2005, when the first defendant became a successful prized bidder and on 31.03.2006, when the first defendant received the amount under a cash voucher. ..... commenced as could be seen from the byelaws on 28.06.2004, but the central act came into force on 15.09.2008.11. ..... sub section 3 of section 64 of the central act states that no civil court shall have jurisdiction to entertain any suit or other proceedings in respect of any ..... central act lays down that nothing in this act shall apply in respect of any chit started before commencement of this act ..... learned counsel appearing for the first respondent- d.hr submits that section 90 of the chit funds act, 1982 (herein after referred to as the "central act") repealing the a.p.chit funds act (a.p. ..... section 64 of the central act lays down that notwithstanding anything contained in any other law for the time being in force, any dispute touching the management of a chit business shall be referred by any of the parties .....
Tag this Judgment!Court : Andhra Pradesh
..... it pointed out that the subject transmission line was not an inter-state transmission line and therefore, the amended procedure for obtaining authorization under section 164 of the act of 2003, notified under the letter dated 20.10.2011 of the ministry of power, government of india, had no ..... though sri g.krishna murthy, learned counsel, did not advance any arguments vis- -vis the act of 1885, it is relevant to note that section 164 of the act of 2003 subjects the public officer, licensee or other person engaged in the business of supplying electricity, who is authorized to exercise the powers conferred by the provisions of the act of 1885, not only to the conditions and restrictions that may be imposed by the appropriate government but also to the provisions ..... further stated that powers had not been conferred on the aptransco by the appropriate government under section 164 of the act of 2003, as the central government had to do so through publication of a notification in the gazette of india. ..... relying on sections 67 and 68 of the electricity act, 2003 (for brevity, 'the act of 2003'), the 'works of licensees rules, 2006' (for brevity, 'the rules of 2006'), and provisions of some repealed enactments, the petitioner contended that the action of aptransco was in violation of ..... this principle was again reiterated by the supreme court in kerala state electricty board vs. ..... as the issue of compensation is concerned, the judgment of the supreme court in kerala state electricity board vs. .....
Tag this Judgment!Court : Andhra Pradesh
..... of a final order by the state commission and when even according to the order dated 07.03.2007 the direction to the 1st respondent herein to be guided by the findings of the appellate tribunal dated 02.06.2006 was until the final disposal of the matter by the supreme court, the final orders of the supreme court and the consequential orders of the appellate tribunal after the three members of the commission delivered ..... selling to third parties and those generating power and supplying to discoms, the andhra pradesh state electricity regulatory commission (for short, 'the apserc') constituted under the andhra pradesh electricity reform act, 1998 suo motu reviewed the incentives given by the government and passed orders, dated 20.06.2001 and 20.03.2004, reducing the tariff in contravention of the government policy and restricted payment ..... that the tariff fixation for power generated from non-conventional energy sources shall be based on a base purchase price to be announced by the state electricity board every year and the rate which a promoter/developer shall be entitled to receive is the base price set out in the power purchase agreement during duration ..... the said power purchase agreement, dated 31.01.2005, and the letters of the 2nd respondent, dated 09.07.2008, 16.06.2009 and 09.07.2009, read with the policy guidelines of the central and state governments in relation to the payment of power tariff to non-conventional energy based power projects be declared as arbitrary and illegal. .....
Tag this Judgment!Court : Andhra Pradesh
..... the larger bench, while observing that the rights of the parties are prescribed on the date of the institution of the suit and subsequent amendment would not affect the pending proceedings unless the amending act either expressly or by necessary implication gives retrospective effect to the amended provisions, made a distinction between an amendment dealing with the substantive rights of the parties which is always construed as prospective unless expressly or by necessary implication a contrary intention is manifested and statutes which ..... on such professional misconduct before either medical council which holds an enquiry and awards a punishment and regulation 8.1 to 8.6 as originally stood before introduction of 8.7 and 8.8 providing for approach in the alternative either to the state council or to the central government did not at all provide for any role for medical council of india in the event of a complaint being made to and enquired by the state council, though the medical council of india has the statutory ..... the decision of the ethics committee, dated 06.10.2005, was approved by the executive committee on 24.04.2006 and by the general body of the medical council of india on 10.03.2007. ..... punjab state electricity board, 4, wherein the apex court dealing with the conditions precedent for the exercise of the power under section 100 of the code of civil procedure, 1908, observed that the right to appeal is a creation of statute and .....
Tag this Judgment!Court : Andhra Pradesh
..... very proposal of the respondent dated 11.5.2009 and the consequential order dated 13.7.2010 are wholly without jurisdiction and barred by limitation prescribed under sub- section (3) of section 20 of the gst act as the respondent clearly intended to re-assess the appellant for the assessment year 2000-01, thereby interfering with the order of assessment dated 15.3.2003 of the deputy commissioner (ct), abids while purporting to ..... earlier and therefore a second revision by a higher officer can be done; that he was revising the order of the additional commissioner dated 28.2.2007 for the year 2000-01 under the cst act and bringing turnovers to tax as proposed in the show cause notice; and distinguished the judgments cited by the appellant on the ground that they were cases where the same officer took up ..... the additional commissioner (ct) legal vide notice dated 28.10.2006 proposed to revise the order dated 15.3.2003 of thee deputy commissioner (ct), abids division in exercise of his powers under section 20(2) of the act read with section 9(2) of the cst act on the ground that the latter failed to verify whether the appellant had complied with requirements of rule 14(3) of the cst (ap) rules; that requirements under the said rule are mandatory ..... during the year 2000-01 and at the time of filing this appeal on the rolls of the commercial tax officer, special commodities circle, saroornagar division under the gst act and also under the central sales tax act, 1956( for short "cst act"). .....
Tag this Judgment!Court : Andhra Pradesh
..... allottee; conveyance or registration charges were to be borne by the allottee; orders of allotment were required to be published on the notice board of the municipal council, and communicated to the address of the successful applicant; the allottee was required to build a house in the plot allotted to him within two years from the date ..... or his/her dependent children, within the limits of zaheerabad municipality, were not eligible for allotment; plots were to be allotted by drawal of lots on a date to be notified on the notice board in the office of the zaheerabad municipality, and published in the newspapers; possession of the plot was required to be handed over only after the entire cost of the plot was paid by the ..... (6) scc 31.38 (2004) 7 scc 11.39 (2005) 2 scc 237.40 (2005) 3 scc 409.41 (1977) 2 scc 25.42 (1985) 3 scc 39.43 (1993) 4 scc 72.44 (2010) 13 scc 216.45 (1996) 3 scc 36.46 (2009) 4 scc 44.47 (2006) 8 scc 64.48 (1969) 3 scc 77.49 (1980) 4 scc 37.50 (1990) 4 scc 63.51 (1974) 3 scc 27.52 (2006) 8 scc 77.53 (1999) 6 scc 23.54 (2005) 5 scc 33.55 1998 (3) ald 28.56 (1994) 4 scc 59.57 1989 (3) alt 67.58 1992 (1) alt 4.59 (1995) 1 scc 71.60 2009 (3) ald 38.61 2009 (2) ald 44.62 2004 (5) ald 18.63 air 195.sc ..... act fairly, their actions should be legitimate, their dealings above ..... ..... . the central government introduced an integrated development of small and medium towns scheme (hereinafter called, the "idsmt scheme") .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... vendee/s alone shall be liable and responsible for payment of all levies, rates, taxes, assessments, dues and duties, assessed or payable to municipal authorities or other local bodies or authorities or the state or central or any other concerned body or authority in respect of the said flat from this date of delivery of possession to vendee/s. ..... the first opposite party entered into development agreement with the land owners on 15.6.2006 for construction of residential complex at czech colony, sanathnagar, hyderabad and obtained permission/sanction from the ghmc on 4.02. ..... the complainant association cannot demand for the excess amount paid by it to the water board for getting the sanction of 2 water connection as against the 1 water connections. ..... amenities promised to be provided as mentioned in the brochure are superseded by the amenities mentioned in the agreement of sale and those mentioned in the agreement of sale are being amended by those mentioned in the sale deed. ..... the complainant is filed under section 17 of the consumer protection act, complaining deficiency in service against the opposite parties no.1 and 2 and seeking direction to the opposite parties to reimburse a sum of `13,13,546/- towards the amount incurred for carrying out the pending work or in the alternative to provide ..... the building byelaws and fire safety act would not obligate the first opposite party is not obligated to provide sprinklers, fire safety equipment as demanded by the complainant association. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... procedure, 1973 (2 of 1974), the district forum or the state commission or the national commission, as the case may be, shall have the power of a judicial magistrate of the first class for the trial of offences under this act, and on such conferment of powers, the district forum or the state commission or the national commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a judicial magistrate of the first class for the ..... 313 at p.319) which decision has been repeatedly affirmed and applied by this court which means that the forums/commissions under the act have jurisdiction to determine whether the complainant before them is a "consumer" and whether he has made out grounds for grant of relief even if the forum/commission decides the said questions wrongly, their orders made ..... siddharth enterprises reported in i (2008) cpj 74 (nc) while referring to the decision of ravi kanth case opined that the penal provision in section 27 of the act can be applied to the directors of the companies, notwithstanding the absence of a specific provision for action against those in-charge of or in control of the affairs of the company. ..... act after amendment gives the complainant a different mode of recovery of the amount by approaching the dist. ..... , (the ilandfs group) were inducted into the company, the board of directors of the mpl has been reconstituted and the management of the mpl has been taken over by the new inductees. ..... reported in iii (2006) cpj 373 (nc). .....
Tag this Judgment!Court : Andhra Pradesh
..... of any person recruited in any pre-primary, primary, upper primary, secondary, senior secondary or intermediate schools or colleges, under any rule, regulation or order made by the central government, a state government, a local or other authority, immediately before the commencement of the national council for teacher education (amendment) act, 2011 solely on the ground of non- fulfilment of such qualifications as may be specified by the council: provided further that the minimum qualifications of teacher referred to in the ..... imparting pre-primary, primary, upper primary, secondary or senior secondary education and section 2 (n) read with section 23 (1) of the right of children to free and compulsory education act, 2009 (for short, rte act), the learned counsel further contended that by virtue of the amendment under act 18 of 2011, the ncte alone is empowered to determine the qualifications in respect of the teachers appointed not only in the training institutions under the control of ncte but also ..... consequent to the said decision, the ncte act, 1993 has been amended by act 18 of 2011 thereby extending the applicability of the ncte act to schools and the minimum qualifications for appointment of school teachers ..... (2) scc 23.7 air 196.sc 70.8 (2010) 13 scc 20.9 (2011) 4 scc 60.10 air 196.sc 34.11 air 195.sc 7.12 2006) 8 scc 39.13 (2008) 7 scc 23.14 (2007) 1 scc 73.15 (1974) 1 scc 1.common judgment: (per g ..... dyaneswar shikshan sastra maha vidyalaya1 and basic education board, u.p. v. .....
Tag this Judgment!Court : Andhra Pradesh
..... the learned counsel for the respondent, section 11-b of the central excise and salt act which was introduced by amendment act 25 of 1978 providing for refund of excise fell for ..... may be taken by banks and other public bodies were also brought on par with land revenue for the purpose of recovery under the act and thereby all loans and advances granted by the state government, corporation established by or under state or central act or government company or any public body notified as such in the andhra pradesh gazette or by any bank was entitled to invoke the ..... the liability of the petitioner having been crystallized on 28.3.1990 when notice was issued to the borrower for payment of the amount due and to take action under section 29 of sfc act for sale of the unit of the company in the event of failure to pay the amount, the notice dated 22.3.1996 issued to the petitioner calling upon him to pay the amount ..... as on the date notice was issued to the petitioner on 22.3.1996 or even on 4.6.1996 when the proceedings were initiated by the district collector under the revenue recovery act and the finding on point no.3 that there was no proper determination of liability of the petitioner to the corporation, the writ petition is liable to be allowed and the proceedings initiated under ..... on 16-10-1989 i have retired from the directorship and relieved from my personal guarantees by the board and the same was informed to you by my letter dated 16-04-1990 informing you that i am no longer ..... 2006 .....
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