Judgment Search Results Home > Cases Phrase: central silk board amendment act 2006 Sorted by: recent Court: andhra pradesh Page 5 of about 1,386 results (0.114 seconds)

Ayipala Venkataraya Chetty Vs. Ayipala Ramachandriah Chetty and ors.

Court : Andhra Pradesh

Reported in : AIR1970AP411

..... appears to be barred by and law, or(e) where he has entered into any agreement with reference to the subject-matter of the proposed suit under which any other person has obtained an interest in such subject- matter.rule 6 (as amended in madras , andhra pradesh and kerala) notice of day for inquiring into the applicant's right to sue as a pauper ---- where the court asses no reason to reject the application on any of the grounds stated in rule 5, it ..... in 1955 amdj wr 261 = (air 1955 andhra 155) with which we are in entire agreement, we are of the opinion that the view expressed therein is the only reasonable construction to be poached on the amended rule 6 and if the contrary view expressed by the division bench of the madras high court is to be accepted, a trial court has virtually to conduct a miniature trial of the whole suit and it may not be possible to ..... the petition did contain an allegation regarding a prior partition, it will be open to the plaintiff to say either that it was not acted upon or that there were valid grounds for reopening the same. ..... control act, sales tax act, etc ..... both parties on the question of possession both oral and documentary on which the court has to give a finding whether the plaintiff was in possession within 12 years of the suit, as required by article 142 of the limitation act. ..... bar of a suit can be easily visualised such as (i) where the jurisdiction of a civil court is specifically ousted by the statutory provision like the andhra tenancy act. .....

The State of Andhra Pradesh Vs. Appanna Satyanarayana Murthi and Raja ...

Court : Andhra Pradesh

Reported in : [1970]26STC190(AP)

..... he held that consequent on the explanation inserted in the amending act, the word 'coconut' includes copra and copra cannot ..... 'coconut' was, by an amending act, made to include copra also and the effect of that amendment was considered by the kerala high ..... subsequently, the provisions of the act had been amended by act 26 of 1961 by deleting copra from out of the commodities that are assessable under ..... he was of opinion that the amending act was applicable to assessments finalised prior ..... this provision of the amending act was made retrospective with effect from ..... by section 15-a of the amending act 26 of 1961, the commodity 'copra' was eliminated from the list of articles assessable ..... the amending act introduced an explanation providing for an inclusive definition of the word 'coconut' so as to comprehend ..... that the assessments were finalised before the commencement of the amending act.3. ..... where the claim for restitution arises because of such event and the retention of the tax previously collected is challenged as an 'illegal act', the cause of action rests on facts or actions of authorities that are impugned, which are de hors the statute under which the levy and ..... the several cases, we are of opinion that the suits in the cases on hand are maintainable, because the sales tax act contains no machinery for refund of tax and also because there is no adequate or efficacious remedy under the said enactment. ..... turned on an amendment similar to the one that has been effected by act 26 of 1961 .....

Mohd. Akhalaq Ahmed Vs. the State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : [1969]23STC204(AP)

..... tax law of the appropriate state not only to assess, collect and enforce payment of any tax including any penalty, payable by a dealer under the central sales tax act, on behalf of the government of india and subject to any rules made under the central sales tax act in the same manner as the tax on the sale or purchase of goods under the general sales tax law of the state is assessed, paid and ..... the legislature has been careful enough to particularise the provisions relating to appeals, revisions and reviews in the state law as being made applicable to proceedings under the central sales tax act, notwithstanding the fact that the words 'the provisions of such law' would have sufficiently met the requirements, because they would apply not only to substantive provisions but ..... proof of payment of tax from the petitioner before the appeal could be registered but the petitioner contended that this was an appeal under the central sales tax act which did not make any provision requiring proof of payment of tax as a condition for entertaining the appeal unlike the provisions of the ..... of the supreme court were considering the interpretation to be put on the words 'in the manner provided' used in sub-section (1) of section 9 of the central sales tax act, which directs that the tax payable by a dealer shall be levied and collected in the manner provided in that sub-section. ..... of these amendments was to make available the amounts collected under the provisions of the central sales tax act to the .....

Bommidala Poornaish Vs. the Union of India

Court : Andhra Pradesh

Reported in : AIR1967AP338

..... their lordships were considering the provisions of the central provinces and berar sales tax act as amended by the act 15 of 1949. ..... making the assessment in future; and (c) repayment of the sum assessed, construing the remedy as one for modification of the assessment, it was held that the act itself contains machinery which enables an assessee effectively to raise the question whether or not a particular provision of the act bearing on the assessment made upon him is ultra vires, and consequently, jurisdiction to question assessment otherwise than by use of the machinery expressly provided by the ..... further question, namely whether having regard to the provisions of the act, is the jurisdiction of the ordinary civil courts ousted or should remedy be found under the act, was considered, and after discussing the relevant cases on this point, it was held that the act with its subsequent amendments had not ousted the jurisdiction of the ordinary courts. ..... the madras local boards act of 1920, the amendment in 1930 of ..... madras local boards act is limited to suits for compensation or damages and that section 156 prohibited any action from being brought against any local board, etc. ..... the plaintiff filed an appeal to the central board of revenue, but it was rejected as per the order, dated 14-5-1957, on the ground that he did not deposit the amounts adjudged payable as per ..... of the full bench on the analogous provision, after examining section 156 of the madras local boards act. ..... panchayat board, .....

immidisetti Ramakrishnaiah Vs. the State of Andhra Pradesh

Court : Andhra Pradesh

Reported in : [1962]13STC914(AP)

..... 162, it was ruled that where the period of limitation prescribed by law was enlarged before the right of the assessing authority to re-assess was barred, it was the amended law that determined the liability of the assessee, and that the assessing authority was well within its right in making the additional assessment within four years next succeeding the assessment year. ..... sri venkatappaiah sastry, the learned counsel for the petitioner contended that section 14 of the andhra pradesh general sales tax act, as it originally stood, or as subsequently amended was not given retrospective effect even by the amending act iii of 1958. ..... by the andhra pradesh general sales tax (amendment) act, iii of 1958, sub-clause (5) was added to section 14 thus :where an assessment under this section has been deferred on account of any stay order granted by the high court in any case, or by reason of the fact that an ..... by a majority of two members to one, the tribunal held that the said contention was unsustainable, and that section 14 of the andhra pradesh general sales tax act (hereinafter called the existing law) as amended in 1958, applied to the case, and that the revised assessment is within time.8. ..... this act came into force on 23rd march, 1958, and section 1(2) of that act has enumerated the amendments which shall be deemed to have come into force on 15th june, 1957, when the andhra pradesh general sales tax act came into force, and the amendment to section 14(5) is not one amongst them.13. .....

Marakaiah (R.) Vs. Tribunal for Disciplinary Proceedings

Court : Andhra Pradesh

Reported in : (1961)IILLJ536AP

..... the decision of the supreme court discussed the question with reference to the effect of an amendment to the central province and berar sales tax act, 1947, on the right of appeal to the assessee. ..... in the affidavit filed in support of the writ petition, the appellant averred that the government could not withdraw a part-heard enquiry before the revenue board and refer his case to the tribunal afresh, that the remedies open to the appellant in the case of a departmental enquiry are different, that the appellant was prejudiced by the reference to the tribunal, that the ..... in the view we have expressed that there is an implied power to withdraw the reference from the board of revenue, the said statement of the law does not advance the case of the appellant.37. ..... would be so if the right of appeal against the decision of the board of revenue was taken away by some amendment of the rules or otherwise subsequent to the enquiry commenced by the board. ..... sri chennakesava reddy has also relied on the above decision for his contention that as soon as the enquiry was taken up against the appellant by the board of revenue, the right of appeal against the board's decision was vested in the appellant and that cannot be taken away. ..... reddy has argued that he could still say that the procedure adopted operated to the prejudice of the public servant concerned because the appellant would have a right of appeal against an adverse decision of the board in any event, whereas that right is now taken away.20. .....

Independent Gas Based Power Producers? A Vs. Union of India Represente ...

Court : Andhra Pradesh

..... dated 23.08.2013 reiterates its earlier decision dated 24.02.2012 in continuing the inter-se priorities for allocation of gas to various sectors, and is merely its reaffirmation; by way of the said amendment, no new case or no new pleadings are sought to be made by them; they are merely seeking to extend their challenge to the latest policy decision dated 23.08.2013 which ..... the union budget; the annual subsidy on fertilizers ranges between rs.60,000 to 70,000 crores; fertilizer is sold below cost price, and the entire subsidy burden is borne by the central government; priority to the fertilizer sector fulfils the twin objectives of self- sufficiency in fertilizers and a lower subsidy burden; domestic lpg is a subsidized product in which the country ..... was a decline in natural gas supplies to ap, and ongc was able to supply only 50% of the allocation to four projects; even though the other projects were ready by 2006, ongc was not able to supply any gas to them; the union minister for petroleum and natural gas, by his letter dated 14.12.2004, assured that the total requirements of ..... being caused to it if the amendment is allowed by this court; the amendment petition filed by the petitioner would sub-serve an effective adjudication, save precious judicial time, and help in avoiding further delay in determining the lis if a fresh writ petition, challenging the latest egom decision, were to be filed separately; and the state, which is expected to act fairly, cannot be permitted to ..... .....

S.La Vs. M/S Reliance Builders, Hyderabad and Oth

Court : Andhra Pradesh

..... through pa holder v rahul kumar agarwal , wherein it was held thus (para 7): it may be true that a statutory amendment of a rather cognate provision, like section 115 of the civil procedure code by the civil procedure code (amendment) act, 1999 does not and cannot cut down the ambit of high court 's power under article 227. ..... firm or not and whether the petitioner is a partner or not are questions of fact, which have to be resolved by an arbitrator and the same has no bearing under section 9 of the act, that under order vii rule 11 cpc, the court has to see only the plaint and documents filed along with the plaint to ascertain whether it discloses cause of action or not, but not ..... part of the fraudulent scheme of the petitioners and the truth or otherwise of these allegations can be gone into only by the arbitrator under section 16 of the act and beyond the scope of the present application and the documents filed by the petitioners are created for the purpose of denying the share of this respondent, which ..... he further relied on a decision reported in bhuwalka steel industries limited v bombayh iron and stell labour board and another , wherein it was held thus (paras 67 and 68): on the other hand, shri singhvi, learned senior counsel for the respondents urged that ..... rajya mathadi transport and central kamgar union vs. ..... major bahadur singh (2006) 1 scc368 has observed: "the courts should not place reliance on decisions without discussing as to how the factual situation fits in .....

Kmk Event Management Vs. The Commissioner of Commercial Taxe

Court : Andhra Pradesh

..... exercise of the revisional jurisdiction in respect of any issue or question which was the subject matter of appeal before the stat, the power to defer revision proceedings was confined, under section 32(5) of the act prior to its amendment by act 21 of 2011 dated 29.12.2011 with effect from 15.09.2011, only to cases where an appeal or other proceedings were pending before the high court, or the supreme court, involving a question of law having a direct bearing on the order or ..... it is only because the bar, under the proviso to section 32, is no longer applicable when an appeal is pending before the stat, has power now been conferred on the commissioner, under section 32(5) of the vat act after its amendment by act 21 of 2011 w.e.f.15.09.2011, to defer revision proceedings when an appeal, involving any issue or question having a direct bearing on the revision proceedings, is pending before the stat. ..... citations: 1) (2008) 12 vst3712) (2006) 145 stc913) (2004) 135 stc4804) (2011) 37 vst2265) (2011) 46 vst576) (2000) 1 scc521= (2000) 117 stc17) 2013 (6) alt723(d.b) 8) judgment in wp no.4516 of 2013 dated 18.02.2013 9) order in wpmp no.23591 of 2012 in w.p.no.18430 of 2012 dated 25.06.2012 10) air1973sc252411) ( ..... (bangalore water supply & sewerage board v. .....

The New India Assurance Co. Vs. Pulliachari and 2 Oth

Court : Andhra Pradesh

..... compensation by the tribunal is under what provision as to under section 140 or 163a or 166 concerned, it is by virtue of incorporation of section 166(4) by the amended act that, the tribunal shall treat the report as an application for compensation under this act and not specifically under section 166 it is only to take as is appropriate, to say even it is hit and run case even under sections 161 and otherwise either ..... there is a right to step up to the second ladder whereas section 163-a is only a single step ladder and as such under section 166 the duty to plead and prove wrongful or negligent act on the claimants and to defend in this regard by the owner/insurer respondents to the claim automatically there, not there under section 163-a for the claimants for no duty to plead or prove, ..... decree of the tribunal is contrary to law, weight of evidence and probabilities of the case, that the tribunal gravely erred in considering the scope of section 163-a of the act and should have considered that the accident was the sheer and absolute negligence of the deceased rider of the bike including from the manner of accident of bike intruded into the stationed ..... make application for hit and run cases before the tribunal, but for to say from reading of section 163 of formulation of the special scheme by the central government with the authority who has to adjudicate such claims for recommending and granting reasonable compensation, which need not confine to the sums fixed in section 161. ..... 2006 .....