Court : Andhra Pradesh
Reported in : 2002(4)ALD660; 2002(6)ALT18
..... be a ground available for avoiding an election and depriving the successful candidate of his victory at the polls. the constitution bench in mohinder singh gill case, : [1978]2scr272 asks us toread section 100 widely as 'covering the whole basket of grievances of the candidates'. sub-clause (iv) of clause (d) of subsection ( 1 ..... singh, : [1980]3scr946 and ramchandra ganpat shinde v. state of maharashtra, : air1994sc1673 . learned counsel also referred to section 100 of the representation of the people act and a decision in the case of shreewant kumar choudhary v. baidyanath panjiar, : air1973sc717 . in sum and substance, the argument is that since the breach of rule ..... stage in the process of election for constituting the managing committee of a specified society. 8. it was then urged that the tribunal constituted under the act has no power to go behind the preparation of the electoral roll and, therefore, the writ petition is maintainable. learned counsel also strongly relied upon the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(5)ALD30
..... promoted as controllers on an ad-hoc basis and were working in the western zone headed by the joint chief controller of imports and exports. in 1978 a policy was adopted whereby options were sought from employees whether they were ready to go on transfer in case they were promoted or they wished ..... legislations (except where the legislation which creates the particular tribunal is challenged) by overlooking the jurisdiction of the tribunal concerned. section 5(6) of the act is valid and constitutional and is to be interpreted in the manner we have indicated....(emphasis supplied)13. article 323a and article 323b of the constitution ..... of the state administrative tribunals. section 15 reads thus:75. jurisdiction, powers and authority of state administrative tribunals :-(1) save as otherwise expressly provided in this act, the administrative tribunal for a state shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(6)ALD378; 1998(5)ALT772
..... appointment of route officers to distribute questions papers and after distributing the same to act as flying squads.5. allotment of chief superintendents only on 18-4-1998 at 10.00 a.m to ensure perfect conduct of examinations.6. ..... of examination are as follows:1. appointment of only district level officers as superintendents.2. appointment of one mandal revenue officer to each centre to act as sitting squad.3. appointment of gazetted officers and superintendents of the mandal offices as hall superintendents/other government officials were nominated as invigilators.4. ..... to these offices and that administrative supervision by the high courts over the tribunals was negatived. he has defended the provisions contained in the tribunals act and submits that the supreme court felt that the statutory environment was adequately structured to permit availability of judicial review powers including the vires areas .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991CriLJ613
..... with minimal innovations, a parliamentary-style quasi-federalism was accepted, rejecting the substance of a presidential-style executive.' in state of rajasthan v. union of india, : [1978]1scr1 , his lordship beg c. j., held : 'a conspectus of the provisions of our constitution will indicate that, whatever appearances of a federal structure our constitution may ..... either by parliament or the state legislature can fasten any liability civil or criminal on judges of the superior judiciary in so far as their judicial acts or acts purported to be in the discharge of judicial functions are concerned. the high court is a 'court of record' and as such it has all ..... hearing of the contempt petition, he expressed the view that subba rao had not committed contempt, later on, he changed his view and agreed with the acting chief justice. the complaint petition was dismissed by the 4th additional judicial first class magistrate on the ground of want of territorial jurisdiction. thereafter, the contemner .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALD585; 2006(2)ALT289; [2006(110)FLR282]; (2006)IIILLJ570AP
..... of a rigid formula union of india v. p.k. roy. : (1970)illj633sc , the principles undergo situational modifications; maneka gandhi v. union of india: : [1978]2scr621 . in a given case the requirements might have to be tailored to safeguard public interest e.g. disclosure of sensitive information need not be made, jammat-e-islami ..... of misconduct or misbehaviour against a government servant, it may itself inquire into, or appoint under this rule or under the provisions of the public servants (inquiries) act, 1850, as the case may be, authority to inquire into the truth thereof.explanation:- where the disciplinary authority itself holds the inquiry, any reference in sub- ..... fundamental and paramount law of the nation. on this premise of the character of a constitution, marshall propounded the theory of judicial review and that an act of legislature repugnant to the constitution is void.16. the initial approach of the courts to the question of unconstitutional statutes was best expressed in the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALT593
..... tribunal' to mean the central administrative tribunal or a state administrative tribunal or a joint administrative tribunal.24. chapter ii of the administrative tribunals act relates to establishment of tribunals and benches and under section 4 thereof, the central government shall, by notification, establish an administrative tribunal to ..... known as the central administrative tribunal, to exercise jurisdiction, powers and authority conferred on the central administrative tribunal by, or under, the administrative tribunals act. section 4(2) enables the central government, on receipt of a request in this behalf from any state government, to establish, by notification, ..... tribunals and section 14 thereunder relates to the jurisdiction, powers and authority of the central administrative tribunal. chapter iv of the administrative tribunals act, prescribes the procedure and section 19 thereunder relates to applications to tribunals. section 25 confers power on the chairman to transfer cases from .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD243; 2007(3)ALT742
..... as such the law laid down in commissioner of police v. gordhandas bhanji : [1952]1scr135 and mohinder singh gill v. the chief election commissioner : [1978]2scr272 , that where the statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned and cannot be supplemented ..... (ii) where there is failure of principles of natural justice; or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an act is challenged. (see whirlpool corporationn v. registrar of trade marks) the present case attracts applicability of the first two contingencies. moreover, as noted, the petitioners ..... of service, and there is no statutory provision regulating, circumscribing, and governing the said relationship excepting section 47 of the a.p. shops and establishments act, 1988, which imposes certain restrictions in the matter of termination of service of the employees of a co-operative society. this aspect we shall consider .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(1)ALT315
..... an absolute bar by the constitutional 42nd amendment ac!, 1976 which inserted clause (3) in article 226 but that clause had been omitted by the 44th amendment act, 1978. the existence of an alternate remedy does not take away the jurisdiction of the court to grant relief under article 226. the question whether the statutory remedies like ..... against unnecessary harassment at the hands of the investigating police officers on account of their leisurely working. sub-section (2-a) has been newly added by act 45 of 1978. it empowers an executive magistrate on whom the powers of a judicial magistrate or metropolitan magistrate have been conferred to make an order for remand of ..... detenus are helpers and sailors employed in an arab dhow. it sailed towards the coastal sea in the state of andhra pradesh and it was intercepted at the coast near narsapur by the officials of the directorate of revenue intelligence, madras on 12-7-1990 and large quantities of smuggled silver bars were recovered from the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1988AP77
..... 15-4-1969, a few days earlier, in venkata rao v. state of bombay, : [1970]1scr317 . 20. once again, the andhra pradesh legislature stepped in and passed, the amending act (act 1 5 of 1971) under which a proviso was introduced in s. 38-e(1) along with an explanation. together with the proviso and the explanation s.38-e(i ..... put in possession by the tahsildar in august, 1977. thereafter, the respondent-plaintiff, claiming to be a purchaser under an agreement of sale of 1962 filed the suit in 1978 for possession in the civil court and for a declaration that the ownership certificates are not valid. the trial court decreed the suit on the ground that the protected tenants ..... a procedure consistent with principle of natural justice. as held by jeevan reddi, j. in p. m. narayanaswamy v. the addl. r.d.o. (lra), (1978) 1 andh lit 16 (nrc)=1978 aphn 20=1978 (1) aplj 7 (nrc), the mere affixture of a copy of the provisional list on the notice board of the village chavidi any other conspicuous place in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2010(1)ALT297
..... cannot be said to be against the public policy of india. equally disallowing interest by the arbitrator, who is a court as defined under interest act, 1978 restricting the interest for a specified period cannot be said to be against the public policy of india.47. once the arbitrator rectified the typographical mistake ..... dealing with 'public policy' held as under:the indian contract act does not define the expression 'public policy' or 'opposed to public policy'. from the very nature of things, the expressions 'public policy', 'opposed to public policy ..... ; (b) the interests of india; or (c) justice or morality; or (d) in addition, if it is patently illegal.44. neither the contract act, 1872 nor the act defines the expression 'public policy' or 'opposed to public policy'. in central inland water transport corporation v. brojo nath ganguly : (1986)iillj171sc the supreme court .....
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