Court : Andhra Pradesh
..... the supreme court observed that section 3-c of the indian medical council act required the board of governors of the m.c.i to be bound by such directions, on questions of policy, as the central government may give in writing to it from time to time; and as power is vested with the central government, to modify the time schedule in respect of a class or category of applications, their decision to extend the last date from 15th july, 2013 to 24th july, 2013 was in order. ..... if the mci intended to make a departure from the standards laid down in the regulations, or for carving out an exception in favour of any identifiable class of persons, it should then have amended the regulations after previous sanction of the central government. ..... (k.s.bhoir2).as the power to grant renewal of permission is conferred on the mci, both under the act and the regulations, any direction issued by the high court, to the mci to accord permission, would be in the teeth of the statutory provisions and would amount to amending the provisions of section 10-a of the act and the regulations. ..... the establishment of medical college regulations (amendment) 2012, provides for a time schedule for the m.c.i to grant letters of permission for establishment of a medical college as well as an increase in admission capacity in the mbbs course. ..... these regulations were amended by the ".establishment of medical college regulations, (amendment).2010 (part ii)". .....
Tag this Judgment!Court : Andhra Pradesh
..... in her counter-affidavit while reiterating the stand taken by the 1st respondent with regard to the legal position that the crown debt will have preference over the other debts whether under the central or local act, further explained that she had complied with all the terms and conditions prior to auction conducted by the respondents 1 & 2 in pursuance of the sale notification dated 18.2.2008 and therefore ..... the issue whether the liability of the dealer in respect of the tax, penalty, interest or any other sum payable to the state/commercial/sales tax department under the provisions of the apgst act has priority, would prevail and have precedence over even on existing secured debt created by such dealer or person in favour of any other individual institution or instrumentality, the division bench held: ". ..... into apgst act, 1957 by amendment act 9 of 1999 w.e.f.6.4.1999 providing for an absolute precedence to the arrears of tax under the apgst act. ..... notice dated 28.2.2008 informing the 1st respondent that a preliminary decree has already been passed in its favour on 3.4.2006 in respect of the properties in question and requesting to withdraw the property in question from the auction. ..... from the above, it is clear that the preliminary decree dated 3.4.2006 was granted in favour of the petitioner bank much prior to attachment effected by ..... said suit was decreed by judgment dated 3.4.2006 and a preliminary decree was passed in favour ..... 2004 and a preliminary decree was passed on 3.4.2006. .....
Tag this Judgment!Court : Andhra Pradesh
..... that the state amendment act, which received the assent of the president, itself clarified that there would be no question of it colliding with the central act and therefore, there was no room for the argument that the state act was in any way repugnant to the earlier central act. ..... 29952, 29953 and29954of2013dated december, 2013 w.p.no.4330 of 2012: hon'ble sr.justice sanjay kumar c o m m o n order the petitioners in this batch of cases are consumers of high tension (ht) electricity, availing power supply from the central power distribution company of andhra pradesh limited (apcpdcl) and in one case, eastern power distribution company of andhra pradesh limited (apepdcl).they are aggrieved by the tariff orders issued by the andhra pradesh electricity regulatory ..... as regards the contention urged by the petitioners that the changed methodology of billing would also conflict with the central electricity authority (installation and operation of meters.regulations, 2006, learned standing counsel pointed out that part-iii of these regulations, dealing with standards for consumer meters.provides for measuring parameters.under regulation 1(b) thereof, consumer meters shall measure ..... they asserted that all other state electricity boards in the country are billing their consumers in terms of kwh and contended that the aperc alone adopted the peculiar system of permitting billing on reactive energy basis so as to generate extra revenue ..... of the supreme court in bihar state electricity board v/s. .....
Tag this Judgment!Court : Andhra Pradesh
..... section 5 of the act as amended by the andhra pradesh khadi and village industries board (amendment) act, 1997, and in supercession ..... as instruments for upliftment of the village economy, and appointment of those who have shown active interest in the production and development of khadi and village industries, as chairman and members of the board, would have gone a long way in upholding the values dear to mahatma gandhi - the father of the nation - who dreamt that, in the not too distant future, each village ..... as a 'village industry' is defined in section 2(h) of the khadi and village industries commission act, 1956 (hereinafter called the 'central act') to mean (i) any industry located in a rural area which produces any goods or renders any service with or without the use of power and in which the fixed capital investment ..... 1999 elected as sarpanch ellutla for the term 2001- 2006 and president sarpanches forum gurramkonda mandal, elected as congress mptc ellutla for the term 2006-2011 and worked as mandal vice president gurramkonda and also ..... in english, when applied to any woven material, shall be deemed to be a trade description within the meaning of the indian merchandise marks act, 1889 indicating that such material is cloth woven on handlooms in india from cotton, silk or woollen yarn, hand spun in india or from a mixture of any two or all such yarns. ..... khadi' to mean any cloth woven on handlooms in india from cotton, silk or woolen yarn handspun in india or from a mixture of any .....
Tag this Judgment!Court : Andhra Pradesh
..... where a state government or a chief inspector refuses to grant permission to the site, construction or extension of a factory or to the registration and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the central government if the decision appealed from was of the state government and to the state government in any other case.". ..... where the words are clear, plain, unambiguous and reasonably susceptible to only one meaning and intention of legislature is clearly conveyed, court cannot take up the task of amending or altering the statutory provisions and give to the words that meaning, irrespective of the consequences. ..... leaned counsel relying on relevant provisions of the factories act, 1948, act 27 of 1996 and act 28 of 1996 submitted that the contractors who entered into agreements to execute civil and structural works, design, manufacture, supply, erect, test and commission with the third respondent, it being factory, governed by the factories act, are not required to pay cess as mandated by act 28 of 1996 read with act 27 of 1996 and therefore the demand made by the first and second respondents is ex facie ..... as a supplementary to the above enactment, the parliament also promulgated act 28 of 1996 with an objective to levy and collect cess on the cost of construction incurred by the employer with a view to augment the resources of the welfare boards constituted under act 27 of 1996. ..... (see: gwalior rayons silk mfg. .....
Tag this Judgment!Court : Andhra Pradesh
..... of the periphery of such municipal corporations and in tourism centers (except places of religious tourism) as notified by the department of tourism of the state government or central government: provided that the licence holder shall not purchase or stock indian liquor and foreign liquor in bottles of sizes less than 750 ml. ..... the aim and objective to bring out legislation was to consolidate and amend the law relating to production, manufacture, possession, transport, purchase and sale of intoxicating liquor and drugs, levy of duties of excise and countervailing duties on alcoholic liquor for human consumption etc ..... the provisions of the act were amended from time to time. ..... counsels for petitioners and learned government pleader advanced arguments as per amended prayers in both the writ petitions.8. ..... no.50059 of 2012 praying to amend the main prayer in the writ ..... no.50060 of 2012 praying to amend the main prayer in the writ petition ..... government pleader further contends that as per section 3(1) of the act, the commissioner has to act subject to general or special orders of the government. ..... by way of amendment, petitioner prays to assail the validity of ..... analysis of the provisions of the act would make it clear that power is always preserved in the government to prescribe appropriate guidelines, issue instructions and orders for the effective implementation of the scheme of the act and also to regulate the excise system as such in the state.25. ..... (2006) 5 scc702hon'ble sri justice p .....
Tag this Judgment!Court : Andhra Pradesh
..... article 21a, which came into force in 2010 through 86th constitutional amendment reads: ".thus, it has become a fundamental right of children between the age of 6 and 14 to receive compulsory education".. ..... government of india introduced a scheme called kgbv in 2004 for setting up of schools with boarding facility for girl children primarily belonging to the scheduled castes, scheduled tribes and other backward classes communities as well as minorities in educationally backward areas. ..... towards this end, andhra pradesh kasturba gandhi balika vidyalaya society (ap kgbvs, for short) was formed and registered in october, 2011 under the societies act, 2001 with a view to run all the 743 kgbvs by a single society. ..... it is to be budgeted at 75% by the central government and 25% by the state of andhra pradesh. ..... the scheme is a central scheme. ..... it would appear that kgbv society was instituted in terms of article 21a of the constitution of india as well as the right of children to free and compulsory education act, 2009 (rte act, for short). ..... the rte act in fact is a step in tune with article 21a of the constitution of india. ..... (2006) 4 scc12. ..... it is contended by the learned senior counsel that the constitutional court can interfere with even a policy view of the government if it offends article 14 of the constitution if it violates article 21a and the rte act.17. .....
Tag this Judgment!Court : Andhra Pradesh
..... .er140) (1996) 3 scc31041) (2005) 7 scc60542) (2004 (5) ald84(sc) : (2004) 7 scc16643) (2009) 8 scc25744) (2011 (2) ald147(db) 45) (1992) 1 scc53446) (2002 (1) ald18(sc) : (2002) 1 scc10047) (2003) 8 scc31148) (2004) 3 scc149) (2001 (6) ald582(fb) 50) (2011) 12 scc1851) (1994) 1 scc50252) (2006) 5 scc55853) (2004) 8 scc58854) (1976) 1 scc74755) air1941p.c.93 56) (2005) 11 scc31457) (2005) 10 scc46558) (2005) 11 scc20959) (2011) 1 scc16760) air1952sc1661) (1978) 1 scc405= air1978sc85162) air1990sc174763) air1966sc167864) (1984 (2) scc50065) (2001).scc6166) (2003).scc13467) (2005)10 scc43768) (2004)11 scc62569 ..... registrar, trade union, evam labour commissioner, u.p.kanpur22).regulation 6 of the central trade union regulations, 1938, and regulation 8 of the a.p.trade union regulations, 1927, require the registrar, on receipt of an application for the cancellation of registration under section 10(a) of the act, to satisfy himself that the cancellation of registration was approved by a general meeting of the trade union or, if it was not so approved, that it has the approval of the majority of the members of the ..... refers to section 9-a of the act and states that the petitioner had failed to show that it had 10% of the workmen employed in the 4th respondent, with which it is connected, as its members after 18.10.2012 as per the amended provisions of the act. ..... rayons silk mfg ..... u.p.board of high school and intermediate education47; ram chandra singh38; ashok leyland ltd.v.state of t.n48 .....
Tag this Judgment!Court : Andhra Pradesh
..... is significant to point out that the chief commercial manager, central railways, mumbai, in his letter dated 4-4-2012 addressed to the additional member (t&c), railway board, pointed out the contradiction between paras 16.3 and 18.3 of the 2010 policy and referred to the amendment made to para 16.3 thereof. ..... discussion: from the operating guidelines issued under the 2010 policy and the correspondence exchanged between the railway board and respondent no.3, what emerges is discussed hereunder: para 16.1.3 of the 2010 policy envisages award of licences for gmus at the a, b and c category railway stations for a period of five years and renewal for ..... dated 18-6-2013 only as "an informal discussion" which cannot supplement or modify the existing policy and that while the issue in para-5 of the letter dated 18-6-2013 is under examination of the railway board and the outcome will be intimated in due course, action may be taken in terms of the policy and the directives in vogue. ..... as para 16.3 alone is relevant for the present purpose, the existing and the amended paras are extracted hereunder : para 16.3 (existing): allotments after expiry of this extended period will be made by calling for fresh tenders/applications as the case may be, and the process will be started ..... in the face of the plain policy of the railways providing for renewal of licences, respondent no.3 cannot act contrary thereto, either on the ground of the licencees having long standing or the purported loss of revenue .....
Tag this Judgment!Court : Andhra Pradesh
..... prior to amendment to the civil procedure code vide civil procedure (amendment) act, 1999 with effect from 01-07-2002, although documents relied upon by the plaintiff were required to be produced along with the plaint ..... and others24, a learned single judge of the kerala high court held: ".after the order for return of the plaint if any amendment is made by the plaintiff in the plaint and he re-presents it, it is really a fresh plaint which the court has always ..... relief of specific performance of an agreement of sale, is not maintainable; that the club, which is a unregistered entity under the societies registration act, 1860 is not a living person as per section 5 of the transfer of property act, 1882; such an entity cannot acquire immovable property under the provisions of the transfer of property act, 1882; and that ex.a-2 shows only the president of such entity as a purchaser and since the club is unregistered, ex.a-2 is invalid. ..... dattatraya bapat8, an interlocutory order passed by an appellate court constituted under the bombay rents, hotel rates control act, 1947 was challenged under section 115 of the cpc before the bombay high court and the said revision was ..... i also hold that though the judicial club is not a living person coming within the purview of section 5 of the transfer of property act,1882 and such an entity cannot validly purchase property, since ex.a-2 was signed by the plaintiff as president of the said club, it cannot be said that ex.a.2 or ex.a.14 are invalid .....
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