Court : Andhra Pradesh
Reported in : AIR2004AP60; 2003(3)ALD762
..... government and the terms and conditions of the licence given to the licensee. admittedly, section 43-a was introduced in the supply act by amendment act 50 of 1991 to give effect to the changed policy of the central government permitting the private sector to establish generation companies. ! ..... consideration that the supply and distribution cannot be maintained unless the charges for the electricity supplied are adequately levied and duly collected; (6) to promote competitiveness and progressively involve the participation of private sector, while ensuring fair deal to the customers; (7) to regulate the assets, properties and interest in ..... private sector in the electricity industry and generally for taking measures conducive to the development and management of the electricity industry in an efficient, economic and competitive manner.61. some of the important functions of the commission are (1) to aid and advise in matters concerning electricity generation, transmission, distribution and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD762; 2005(3)ALT137
..... ) proposes to make the sale and consumption of liquor more streamlined;(b) intends to eliminate cartels, and(c) wants to throw open, the trade, to more competition.24. these three steps are said to be to, 'ensure availability of good quality liquor to the consumer at affordable prices'. whether this object accords with the ..... liquor be made more streamlined. the necessary steps in this direction will be to effectively eliminate the cartels in liquor trade, throw open the trade to more competition and thus ensure availability of good quality liquor to the consumer at affordable prices.2. the licenses of il-24 (retail off licenses) which are functioning ..... reeling under the impression that, availing the remedy in a high court is an objectionable act. it is difficult to countenance such autocratic approaches. to certain extent, this approach of the respondents is reflected in rule 70, added through an amendment. it reads as under:'rule 70: interpretation:--if there is any doubt or dispute .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD798; 2003(1)ALT139
..... in mind the aforesaid principle of construction it appears to us that the impugned amended regulation cannot be harmoniously construed with rule 9 of the recruitment rules. under the recruitment rules recruitment to the indian administrative service can be made by competitive examination; by selection of persons from among the emergency commissioned officers and short service ..... to come to the conclusion that the impugned notification dated 15 of december, 1993 contravenes rule 9 of the recruitment rules and under the scheme of the act, rules and regulations it is not possible to sustain the notification in question by giving any harmonious construction to the provisions. the tribunal, therefore, was fully ..... be valid and not open to attack under articles 14 and 16 of the constitution. but, at the same time, we cannot forget that everybody must act to uphold rule of law and there must be a reasonable and fair exercise of the choice so that no civil servant is deprived of his legitimate .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1979]117ITR68(AP)
..... , the framing of such a rule is not for carrying out the purposes of the act and the rule-making authority cannot amend the provisions of the act. it is of course well settled that the rule-making authority cannot amend the provisions of the act. but it should be remembered that the calcutta and madras high courts had not expressed ..... business for income-tax and super-tax or for advance payments due under any provision of the act.......... '15. the bombay tribunal noted the difference in language between the rule as it stood prior to april 1, 1972, and after amendment. the tribunal then referred to the decisions of the calcutta and madras high courts in century enka ..... their opinion regarding the vires of rule 19a(3) in a case referred under section 256(1) of the act. the vires of the rule was challenged before them .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1990]186ITR192(AP)
..... on january 14, 1985, while the decision of the supreme court in distributors (baroda) p. ltd. : [1985]155itr120(sc) was on july 1, 1985. if the amendment retrospectively made under the income-tax act through section 80aa could be considered as declaratory of the existing law, we do not see why the law as set out after the insertion of the ..... dividend as was earlier decided. dealing specifically with the contention regarding retrospective operation, the supreme court held that the question need not be considered because, in its opinion, the amendment brought about was merely declaratory of the law as it always stood since april 1, 1968, and no complaint could validly be made against it. thus, in real substance, ..... merely declaratory of the pre-existing law.9. we have to make a reference to the amendment brought about in the surtax act itself by incorporating an explanation with effect from april 1, 1981. the purpose of inserting the explanation is to bring the law in line with income-tax law .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1985)49CTR(AP)85; [1986]157ITR285(AP)
..... to. it is true that explanations 2 and 3 inserted by the taxation laws (amendment) act of 1984 will be effective from the assessment year 1985-86. it is well to bear in mind that in the statement of objects and reasons introducing the ..... above referred to; and, secondly, the principle enunciated by this court is now statutorily recognised by the taxation laws (amendment) act of 1984, which will be effective from the assessment year 1985-86. by section 10 of the above amendment act, three explanations were inserted. explanations 2 and 3 deal with the matter under consideration. the effect of these explanations ..... 'karta', then the interest paid on the monies lent by the joint family is not liable to be added back under section 40(b) of the act. the above amendment to the statute is clear acceptance of the views expressed by this court, the gujarat high court and the madras high court in the decisions above referred .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1987]66STC26(AP)
..... transactions relating to works contract till the assessment year 1983-84. relying upon the forty-sixth constitution amendment act of 1982 which came into force from 2nd february, 1983 and act 18 of 1985 amending the a.p. general sales tax act, the notices proposing to levy sales tax on words contract transactions were issued. it is stated by ..... of tax on transactions chronicled in the definition. 7. pursuant to expansion of the legislative entry the amendments to the definitions of 'dealer' and 'turnover' are effected by the a.p. general sales tax (amendment) act (18 of 1985). the amendment is a sequel to the decision of this court reported in hotel dwaraka, hyderabad v. union of ..... of the reincarnation of the concept of the tax on sale or purchase of goods pursuant to clause (29a) of article 366 coupled with suitable amendments brought by act 18 of 1985 the materials or goods comprised in works contract or pertaining to hire-purchase and lease transactions are exigible to levy of sales tax .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALT745
..... was placed, no doubt it was held that there is no provision in the act dealing with adverse possession and the only provision dealing with 'limitations' is the one contained under section 93 of the act which initially stated (before the amendment by act 2/79) that every appeal or application for revision should be filed within 60 ..... possession of the suit schedule property is maintainable in view of the bar created under section 99, of the a.p. (telangana area) tenancy and agricultural lands act, 1950?(2) whether mere entries in revenue records confer title of the suit schedule property in the absence of any other material to substantiate the plea for title ..... days of the order against which the appeal or revision is filed, and that the provisions of the indian limitation act, 1908 applied only for the purposes of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(4)ALD389; 2002(4)ALT9
..... matter of admissions. we may passingly mention hat having regard to historical reasons, the parliament has introduced article 371-d by way of constitution (thirty-second amendment) act, 1973. under clause (1) of article 371-dthe president is vested with the power to make orders for providing equitable opportunities and facilities for people belonging ..... entrance test, shall be reserved for the local candidates and 15% of the seats shall be left over for open competition as specified in the a.p. educational institutions (regulations and admission) order, 1974 as amended in g.o.p.no.646, education (w) department dated 10-7-1979. (b) in respect of ..... of reservation for reserved classes under no circumstances can be reduced on the ground that adequate number of reserved candidates have already got positions in the open competition. (8) the general category candidates cannot compete for the reserved posts or seats though candidates belonging to reserved categories can compete for general seats. 63 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD780; 2005(2)ALT653
..... dictionary 'cartel' is a combination of producers of any product joined together to control its production, sale, and price, so as to obtain a monopoly and restrict competition in any particular industry or commodity.39. in union of india v. hindustan development corporation, : air1994sc988 , the supreme court after ascertaining the meaning of the word ..... be made more streamlined and necessary steps in this direction will be to effectively eliminate the cartels in liquor trade, throw open the trade to more competition and thus ensure availability of good quality liquor to the consumers at affordable prices: the licences of il-24 (retail of licences), which are functioning ..... action by the state, and non-arbitrariness in essence and substance is the heartbeat of fair play. actions are amendable, in the panorama of judicial review only to the extent that the state must act validly for a discernible reason, not whimsically for any ulterior purpose. the meaning and true import and concept of .....
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