Court : Andhra Pradesh
..... show what were the questions asked to the candidates by the interviewing committee and what were the answers given and that will eliminate a lot of unnecessary controversy besides acting as a check on the possible arbitrariness of the interviewing committee. ? in bishnu biswas's case (supra), the supreme court observed that there is distinction while ..... of h. l. chowdhury is correct, we cannot find much fault with the oral interview test held by the committee. but we do not think we can act on this statement made by h. l. chowdhury, because there is nothing to show that he was present at the interviews and none of the three committee members ..... professional courses) rules, 2007 ?, in exercise of the powers conferred under the provisions of the andhra pradesh educational institutions (regulation of admission and prohibition of capitation fee) act, 1983. the said rules were amended by g.o.ms.no.9, dated 25.08.2014, and the admission to category c is regulated under the said government .....
Tag this Judgment!Court : Andhra Pradesh
..... district, where the learned magistrate has taken the cognizance of the offences punishable under sections 498-a, 313, 323 and 506 ipc and sections 3 and 4 of dowry prohibition act, which is outcome of the final report of nandyal ii town police station in crime no.62 of 2015 based on the report of the 2nd respondent/de facto complainant .....
Tag this Judgment!Court : Andhra Pradesh
..... examination with only one external examiner would estope them from challenging the conduct of the examination with only one external examiner? section 33 of the act provides for making regulations, which include the regulations for conduct of professional examinations, qualification of examiner and conditions of admission to such examinations. the ..... mukesh jawaharlal(2007) 10 scc 201)for the purpose of binding nature of mci regulations framed under section 33 of the indian medical council act, 1956 (for short, the act'). the learned standing counsel for the respondents, in view of the averments made in the counter affidavit, admitted the absence of one of ..... raised several issues concerning their academic career extolling their performance and attributing some motives against the college due to the role one of the petitioners acting as a student leader, we are concerned only with the point regarding the procedure followed in conducting clinical/practical and oral examination held on 13 .....
Tag this Judgment!Court : Andhra Pradesh
..... and others (air 1964 sc 1128). 9. the a.p.prevention of dangerous activities of bootleggers, dacoits, drug offenders, goondas, immoral traffic offenders and land grabbers act, 1986 is a state legislation, which is enacted to have a special law in the state to provide preventive detention of the persons falling in six classes, namely, ..... of police, tirupathi urban police district, having satisfied that the activities of detenu fall within the definition of goonda as defined under section 2(g) of the act, order of detention is passed. the details of the crimes referred by the sponsoring authority are elaborately mentioned in the counter affidavit. it is further stated in ..... that his activities are prejudicial to the maintenance of public peace and law and order. it is the case of petitioner that section 3 of the act empowers the detaining authority to pass an order of detention only in cases where such authority arrives at subjective satisfaction that the activities of detenu are prejudicial .....
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..... as a provident fund in claiming for recovery under execution. though he is the best person to say from his personal knowledge exclusively including under section 106 of the evidence act, apart from it no plea; coming to the evidence if at all rw3 in saying the south central railway, guntakal paid his retirement benefits and credited the same ..... nos.22, 33 and 35 referred above in radhey shyam gupta's case (supra) is only in dealing with payment of gratuity from retirement by notification under the gratuity act and not in relation to pensionary benefits; though it is stated as if under section 60 (g), but infact in section 60 provisos out of the clauses (a to ..... scc (lands) 383 wherein it was reaffirmed that gratuity payable to dock workers under a scheme in absence of a notification under section 5 of the payment of gratuity act, 1972, would not be liable to attachment for satisfaction of a court's decree. the same principle was reiterated by this court in union of indai vs. wing commander .....
Tag this Judgment!Court : Andhra Pradesh
..... proceedings in paragraph 28, which reads as under: an inquiry officer acting in a quasi-judicial authority is in the position of an independent adjudicator. he is not supposed to be a representative of the department/disciplinary authority/government ..... the department is required to produce the necessary evidence before the inquiry officer. this is so as to avoid the charge that the inquiry officer has acted as a prosecutor as well as a judge . (emphasis supplied) further, the supreme court has discussed the essential attributes of enquiry officer in disciplinary ..... petitioner was not given any instructions from the head office about what the supplier was supplying to cross-check the items delivered and that they have acted only on the telephonic information from the head office. the petitioner has unequivocally denied collusion with the supplier as well as creation of false documents. .....
Tag this Judgment!Court : Andhra Pradesh
..... cannot be sustained since the penalty after having been cancelled by the complainant following the income tax appellate tribunal's order no offence survives under the income tax act, and thus the quashing of the prosecution is automatic? d) whether the finding of the income tax appellate tribunal is binding upon the criminal court in view ..... tribunal which is the final court on facts comes to the conclusion that there is no concealment of income, since no offence survives under the income tax act thereafter? c) whether the high court was justified in dismissing the criminal revision petition vide its impugned order ignoring the settled law as laid down by this ..... a receiver by management of the properties of the asseessee for realization. what section 226 says is whether any such certificate is drawn under section 222 of the act supra, the assessing officer may recover the tax by any of the modes provided viz. where certificate drawn under section 222, without prejudice to the other modes .....
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..... water bodies and river beds, thereby having a calamitous effect on ecology and environment. it is therefore essential that the state regulate such mining activity. the act of 2002 and various other mining laws aim to achieve this objective. however, implementation of these laws would necessarily have to be effected by the authorities ..... use of ground and surface water; for protecting and conserving water sources; land and environment and matters connected therewith or incidental thereto. section 3 of the act of 2002 contemplates the constitution of the water, land and trees authority, a body corporate having perpetual succession and a common seal. this authority is to ..... the cases, the learned government pleader for revenue, appearing for the respondent authorities, was asked as to whether the authority constituted under section 3 of the act of 2002 had framed any guidelines for sand mining from water bodies, which could perhaps have also dealt with the issue of transportation of such sand. .....
Tag this Judgment!Court : Andhra Pradesh
..... in the heydon's rule shall squarely be attracted in this case. 37. it is a settled principle of interpretation of statute that when an amendment is made to an act, or when a new enactment is made, heydon's rule is often utilized in interpreting the same. {see philips medical systems (cleveland) inc. v. indian mri diagnostic ..... of law governing the situation. 10. the state government, in exercise of the powers conferred under section 72 read with sections 17, 28 and 29 of the a.p. excise act, 1968, framed the rules notified vide g.o.ms.no.391, revenue (ex.ii) department, dated 18.06.2012. according to rule 2 (l), the licensing authority means ..... arbitrary, unreasonable, violative of articles 14 and 19 (1) (g) of the constitution of india and opposed to the very spirit and object of the provisions of the excise act and the rules. 5.2. the order of the fourth respondent, confirming the licence in favour of the fifth respondent, is totally one without jurisdiction, since the selection authority .....
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..... to certiorari proceedings. we see no reason, therefore, to now relegate the petitioners to the statutory remedy of appeals under the provisions of the ap vat act. ii. are the subject contracts divisible or indivisible contracts? it is submitted, on behalf of the petitioners, that the assessing authority has integrated two ..... be entertained. (gujarat ambuja cement [supra]). some exceptions to the rule of alternative remedy have been recognized i.e. where the statutory authority has not acted in accordance with the provisions of the enactment or in defiance of the fundamental principles of judicial procedure etc. (chhabil dass agarwal [supra]). the existence ..... . the orders, under challenge in these writ petitions, are either assessment or revisional orders passed by the concerned authorities exercising jurisdiction under the ap vat act. this court has been called upon, by learned counsel on either side, to mainly examine whether the impugned orders are without jurisdiction. the enquiry, in .....
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