Court : Andhra Pradesh
hon'ble sri justice c.v. nagarjuna reddy w.p.nos.29621; 31777 o 19. 11-2012 sriramagiri spinning mills limited the state of andhra pradesh,department of energy,and others counsel for petitioner : sri s. ramachandra rao, senior counselfor sri k.r. prabhakar counsel for respondent no.1 : -- counsel for respondent no.2 : sri o. manohar reddy, standing counsel counsel for respondent no.3 : sri p. srinivasa rao, standing counsel w.p.no.31777/2012: mahadev sitharam cotton mills india pvt. ltd., vs. government of andhra pradesh,repby its prl secretary,department of energy, secretariat, hyderabad and others .. respondents !counsel for petitioners : sri s. niranjan reddy ^counsel for respondent no.1 : counsel for respondent nos.2 and 3 : sri o. manohar reddy,standing counsel counsel for respondent no.4 : sri p. srinivasa rao, standing counsel ?cases referred:1. air 195.s.c.
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... ultimately, to provide an additional speedy remedy, the parliament enacted rbi ( amendment) act, 1997 inserting sec.45-qa giving power to clb constituted under sec.10-e of the companies act which may, either on its own motion or on application of the depositors order nbfcs to make repayment of such deposits ..... in view of the fact that their lordships at para 51 of the above decision opined: the clb is constituted by the central government and the said board shall exercise and discourage powers and functions as may be conferred on it by or under the companies act or any other law and shall also exercise and discharge such other powers and functions of the central government under the companies act or other law as may be conferred on it by the central government. ..... napeena singh reported in i (2006) cpj 163 nc considering this aspect of the matter held: it is the case of the complainants before us that they did not apply to the company law board under section 45qa. ..... ram bahadur thakur, reported in air 2006 sc 1690, the supreme court held that the powers under section 402 are residuary in nature and in addition to the powers available to the company law board under sections 397(2) and section 398(2) which permit the company law board to make such order as it thinks fit with a view to bringing to an end the matters complained under 397(1) and 398(1) ..... developer represented that it had obtained layout permission from huda on 21-3-2006 for constructing the independent houses and flats etc. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... to have requested the first opposite party to return the amount collected from him and the first opposite party acceded to his request to amend the items mentioned in exa1and the next document that can be considered as extension of exa1, offer letter is the letter dated 25.02.2006, exa5 which contains the amended terms of exa1 stated to have been agreed by the first opposite party in pursuance of discussion held by its employee, sudarshan with the complainant ..... the averments of the complaint are that the complainant is retired army officer and a trustee of social organization, sweekar rehabilitation for handicapped, secunderabad .the complainant became member of the first opposite party-company on 4.02.2006 and paid consideration of `1,89,240/- through cheque and he was offered the benefits of international or domestic holiday from the second opposite party till 31.12.2007, two nights complimentary holiday in select club of the first opposite ..... it is submitted that the complaint is no more than a suit for recovery of money and the cp act cannot be used as substitute for suit for recovery of money. ..... any letter inadvertently issued by the first opposite party cannot be termed as an act of victimization and harassment by it. 20. ..... the life span of the complainant was reduced which cannot be measured monetarily and the complainant was forced to give up his job and he faced health hazard due to the act of the opposite party no.1. .....
Tag this Judgment!Court : Andhra Pradesh
..... first day of january of the year in the posts available for recruitment of persons under sub-rule (2) to rule 8 read with proviso to sub-rule (1) to rule 9 of the recruitment rules; or (b) the central government in consultation with the state government decides that no recruitment shall be made during the year to the substantive vacancies as on the first day of january of the year in the posts available for recruitment under sub ..... under rule 8 in any state or group of states shall not, at any time, exceed 33 1/3 per cent of the number of senior posts under the state government, central deputation reserve, state deputation reserve and training reserve in relation to that state or to the group of states, in the schedule to the indian administrative service (fixation of cadre ..... in the above noticed scenario, it appears to us that insertion of a specific provision in the appointment by promotion regulations, 1955 by way of amendment in the year 2000 to the effect that in the event of not convening a meeting of a committee during a year, as and when the committee meets again a separate select list shall ..... in exercise of the powers conferred by section 3 (1) of the all india services act, 1951, the central government made the rules called the indian administrative service (recruitment) rules, 1954 (hereinafter ..... in identical circumstances, the high court of madras in w.p.no.22665 of 2006 upheld the action of the upsc in invoking the proviso (c) to regulation ..... state board of secondary .....
Tag this Judgment!Court : Andhra Pradesh
..... (a) there are no substantive vacancies as on the first day of january of the year in the posts available for recruitment of persons under sub-rule (2) to rule 8 read with proviso to sub-rule (1) to rule 9 of the recruitment rules; or (b) the central government in consultation with the state government decides that no recruitment shall be made during the year to the substantive vacancies as on the first day of january of the year in the posts available for recruitment under sub ..... in the above noticed scenario, it appears to us that insertion of a specific provision in the appointment by promotion regulations, 1955 by way of amendment in the year 2000 to the effect that in the event of not convening a meeting of a committee during a year, as and when the committee meets again a separate select list shall be prepared for each year is to advance the ..... in exercise of the powers conferred by section 3 (1) of the all india services act, 1951, the central government made the rules called the indian administrative service (recruitment) rules, 1954 (hereinafter referred to as 'the recruitment rules, 1954'). ..... (2008) 2 scc 25.2 (2012) 6 scc 31.3 (1996) 3 scc 70.4 air 195.sc 73.5 1994 (4) scc 2.6 (1990) 2 scc 70.7 (1991) 3 scc 4.8 (2006) 3 scc 33.9 2012 (1) ald 63.10 (2004) 7 scc 70.11 (2010) 4 scc 29.12 (1996) 6 scc 72.13 1993 supp (3) scc 57.order: (per g. ..... as held in maharashtra state board of secondary and higher secondary education v. .....
Tag this Judgment!Court : Andhra Pradesh
..... the name in the case of a private limited company; (b) the state in which the registered office of the company is to be situate; (c) in the case of a company in existence immediately before the commencement of the companies (amendment) act, 1965, the objects of the company; (d) in the case of a company formed after such commencement,- (i) the main objects of the company to be pursued by the company on its incorporation and objects incidental or ancillary to the ..... according to the learned counsel, as the petitioner has an alternative remedy of approaching the company law board for oppression and mismanagement which remedy they have chosen not to avail, the company petition is liable to be dismissed in limini; and this court should not readily accept ..... , who are dealing with it, or may do so in the future, on the premise that, in view of its name and main objects, the respondent is carrying on manufacture of silk and silk yarn, when in fact it is merely carrying on business in pursuit of objects wholly alien thereto. ..... he would draw attention of this court to schedule i, table-b of the act, and to form 20-a of the companies (central government) general rules, to submit that all the objects, in the memorandum, are independent clauses; as such, the respondent company can carry on its other objects independently; and ..... the petitioner to receive the balance sheets of the respondent-company for the years 2004-2006; and a copy of the list of allotment of shares to several persons belonging .....
Tag this Judgment!Court : Andhra Pradesh
..... , a division bench of the karnataka high court confirmed the order of a learned single judge of that high court who held that the assessee was entitled to refund of amounts paid by it to the central excise department towards alleged dues of service tax on the activity of building construction done by it to a non-profit organization for the period between february 2005 and february 2007 which was actually not exigible to ..... proportion of the turnover relating to the items which were supplied free of cost by the south central railway, that the claim of the petitioner for refund was rightly rejected in the order dated 31-08-2006 by the department as it would not fall within the scope of rule 50 of the rules framed under the apgst act, 1957, that the petitioner on its own had paid tax on the turnovers and in any event ..... that the collection of sales tax from the petitioner by the commercial tax department on the items supplied free to the petitioner by the south central railway is illegal and therefore the petitioner is entitled to refund of the amounts collected by the commercial tax department for the various assessment years by setting aside the order dated 31-08-2006 rejecting the application under rule 50 of the rules framed under the apgst ..... for rectification under rule 50 of the rules framed under apgst act, 1957 were filed only on 16-01-2006 and the same were rightly rejected by endorsement dated 31-08-2006 on the ground that there is no clerical or arithmetical mistake apparent .....
Tag this Judgment!Court : Andhra Pradesh
..... of the said judgment, the supreme court has clearly held that use of words at any time in sub-section (4) of section 50-b of the act only indicates that no specific period of limitation is prescribed within which suo motu power would be exercised reckoning or starting from a particular date advisedly and contextually ..... office of the commandant central industrial security force (ministry of home affairs) cisf unit hep uri post : gingle (mohura) dist : baramulla (j and k) no.v-15014/cisf/hep(u)/disc-34/ns/2001/380 dated : 22nd january 2001 sub: final order amendment in operative portion of punishment order --- the operative portion of punishment at para 9 of final order no.v-15014/hep/disc/97/7260 dated 25-09-1997 in ..... the writ petitioner challenges the validity of the orders passed by the 3rd respondent commandant, central industrial security force unit, hydro electric project, uri, baramulla district, jammu and kashmir state modifying in turn the orders passed earlier by the deputy commandant of the force at uri imposing on ..... in terms of section 10 of the act, it shall be the duty of every member of the force to promptly obey and execute all orders lawfully issued to him by his superior authority and to protect and safeguard the industrial undertakings owned by the central government together with such other installations as are ..... in terms of section 3 of the act, the central government has been empowered to constitute and maintain an armed force ..... noorjahan : 2006 (2) ald .....
Tag this Judgment!Court : Andhra Pradesh
..... (1994) 4 scc 71.order: the writ petitioner challenges the validity of the orders passed by the 3rd respondent - commandant, central industrial security force unit, hydro electric project, uri, baramulla district, jammu and kashmir state modifying in turn the orders passed earlier by the deputy commandant of the force at uri imposing on him a punishment. ..... in paragraph (9) of the said judgment, the supreme court has clearly held that use of words "at any time" in sub-section (4) of section 50-b of the act only indicates that no specific period of limitation is prescribed within which suo motu power would be exercised reckoning or starting from a particular date advisedly and contextually. ..... in terms of section 10 of the act, it shall be the duty of every member of the force to promptly obey and execute all orders lawfully issued to him by his superior authority and to protect and safeguard the industrial undertakings owned by the central government together with such other installations as are specified by that government. ..... d january 2001 sub: final order - amendment in operative portion of punishment order --- the operative portion of punishment at para 9 of final order not v- 15014/hep/disc/97/7260 dated 25-09-1997 in respect of no. ..... in terms of section 3 of the act, the central government has been empowered to constitute and maintain an armed force to be called cisf. ..... smt.syed noorjahan :2006. .....
Tag this Judgment!Court : Andhra Pradesh
..... period specified in sub-section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the central government from time to time for repayment of long-term deposits, as that government may, by notification specify: provided that no such interest shall be payable if the delay in the payment is due to the fault of the employee ..... an explanation was added thereto through amending act 22 of 1987 specifying that in the case of monthly rated employees, the fifteen days wages shall be calculated by dividing the monthly rate of wages last drawn by him by twenty-six and multiplying the quotient by ..... since the 3rd respondent has not lodged any such claim with the employer, the question of his approaching the competent authority under section 7(4) of the act read with rule 10 seeking payment of gratuity would not arise and hence, entertaining the claim petition by the primary authority itself was contrary to the provisions of law and hence, it is an illegal ..... commissioner (assessment), sales tax (2006) 8 supreme court cases 702), wherein the supreme court had set at rest all speculative aspects relating to the retrospective effect of the provisions of the act or notifications and set out that unless the express language renders it otherwise bringing them with retrospective effect, all provisions of acts and notifications are to be construed to be prospective in their .....
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