Court : Andhra Pradesh
Decided on : Dec-24-1990
Reported in : 1991(1)ALT315
..... zilla parishad, moradabad v. k.s. mills, amroha : [1968]1scr1 wherein it was held as follows:'a provision like section 128 of the u.p. district boards act for an appeal against an assessment to tax is there, but the fact that the petitioner has not availed of it, does not oust the ..... yet the failure to do so would not per se vitiate the order of remand if the circumstances for his non-production were beyond the control of the prosecution or the police'.before the full bench of the patna high court reliance was placed upon the decision of the supreme court ..... of his personal liberty and his detention is contrary to law, a writ of habeas corpus cannot issue'.47. in ram narayan singh v. state of delhi, : 1953crilj113 , it was held :'......detention of a person in custody after the expiry of remand order, without any fresh order of remand committing him ..... be borne in mind that these three decisions were rendered by the supreme court while construing the scope of section 167 of the repealed code of the criminal procedure, drastically depatred from while enacting section 167 of the present code as explained earlier. notwithstanding the distinction brought to the notice of the full ..... person, freedom from arbitrary arrest and detention; the right to fair trial by an independent and impartial tribunal ; and the right to presume to be an innocent man until proved guilty. when an act of preventive detention involves a foreign national, though from the national point of view the municipal law alone .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-03-1990
Reported in : 1991(1)ALT187; 1994LC661(AP); 1991(56)ELT718(AP)
..... that the modification of the classification list could only be prospective and not retrospective. on appeal, the supreme court confirmed the judgment of the tribunal, holding that the modification of the classification list could only be prospective and not retrospective. 29. the scope of section 11-a of the act was considered by the supreme court in tata iron & steel company limited v. union ..... for giving twist to the glass fibre to convert into yarns. the matter has been further examined in board's office in consultation with the deputy chief chemist, central revenue control laboratory. in the technology of man-made fibres, the process of making filament by extruding molten polymer of glass is no doubt known as spinning. the filaments can be assembled ..... list shall be prospective or retrospective. 24. the learned counsel for the petitioner has referred us to the following decisions of the high courts of allahabad, madras, bombay and delhi in support of his plea that an approved classification list cannot be reviewed by the same authority or his successor in office. khazanchi paper and board mill v. superintendent of ..... and the manufacturer was paying duty on the basis of the approved classification list. 30. in a subsequent case elson machines private limited v. collector of central excise [1988 (38) elt 571] a question had arisen before the supreme court whether the exemption granted in favour of the manufacturer from payment of excise duty under an exemption notification issued by .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-18-1990
Reported in : 1991(3)ALT433
..... judicial opinion. learned advocate-general has also stressed the point that this judgment has been delivered in the back ground of the repealed section 31 (2)(b) of the act under which a provision was made to extend the term of the committee by recording reasons. this is manifest from the words ..... conditions indicating built-in safeguards against arbitrariness in statutory provisions conferring apparently unlimited discretion on the executive. it was that anxiety to discern factors controlling exercise of discretion that prompted a full bench of this court in gidda reddy's case to read restraints on the power of the state ..... was to invalidate the ratio in ranga reddy's case. ordinarily that could have been done only by a judicial pronouncement, either in an appeal or by a co-ordinate or larger bench on a reference. in any case, the legislature cannot over-rule a judicial pronouncement a validating ..... more comprehensive provision in section 121 of the act, which bars jurisdiction of courts in respect of any order passed, decision or action taken or direction issued under the act by an arbitrator, a liquidator, the registrar or an officer or person authorised or empowered by him, the tribunal or the government or ..... in the case of sub-section (ii) of section 32- a, both provisions can be reconciled as falling into a piece. we can thus save the provision from constitutional invalidity.104. we have the authority of the suprme court in re kerala education bill 1957, air 1958 sc 586 in support .....
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