Court : Andhra Pradesh
Reported in : 2001(1)ALT(Cri)230; 2001CriLJ1866
..... argument cannot be accepted at all. special judge is a different entity created under the criminal law (amendment) act, 1952. it is true that a sessions judge can be appointed as special judge but that does not make a special judge a sessions judge. a sessions judge ..... new code starts with the words 'whenever any judge or magistrate, ...therefore it becomes abundantly clear that judges other than special judges were not included in 1958 amendment for the purpose of section 350. it was also contended that since the provision was incorporated in order to be fair to the accused persons therefore once the ..... who had been convicted before the new code came into operation. therefore that judgment is not at all relevant. another argument was made that after the 1958 amendment the special judges were also brought within the ambit of section 350 therefore it should be deemed that section 326 would also apply to the sessions judges. this .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1994AP40; 1993(2)ALT499
..... relief merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure. the court always gives leave to amend the pleading of a party, unless it is satisfied that the party applying was acting mala fide, or that by his blunder, he had caused injury to his opponent which may not be compensated for by an ..... to reopen the suit to enable him to take the plea that under the andhra pradesh agricultural indebtedness (relief) act, 1987 (a.p. act 45 of 1987), hereinafter referred to as 'the act', the suit had abated as he was a 'small farmer' by amending the written statement, and also i.a, no. 360 of 1989 under o.6, r. 17 read ..... the defendant in 1987 itself for sending the suit document to an expert are not relevant in considering whether the amendment should be allowed or not. it cannot be disputed that the plea available to the defendant under the act was not available to him prior to the coming into force of theact. inadvertence or negligence of the party in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1991AP135
..... 69j. s. 68b gives over-ridding effect to the provisions of the chapter or rules or orders made under it over other laws including chapter iv.6. another amendment was made to the act in 1959 for encouragement of inter-state and long distance transport as one of the objects. the newly introduced s.63a provides for inter-state transport commission to ..... with reference to the same even though the said act has been replaced recently by act 59 of 1988. ss. 47 to 58 deal with the grant of permits in an area or region, s. 63 provides for validation of permits in regions outside the jurisdiction of the authority which granted it. by an amendment in 1956 chapter iv-a entitled special provisions .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1990AP263
..... the court to pass a final decree by taking into account the altered situation.' it must be made clear that the alteration of the shares as conferred under the amendment act to the daughters can only be done so long as the final decree has not been passed. in the case of registration of the partition deed, it is ..... in clause (ii) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of the hindu succession (andhra pradesh amendment) act, 1986.'10. now we have to consider the meaning of the words 'partition which had been effected' occurring in clause (iv) of s. 29-a of the hindu ..... final decree is passed and merely because a preliminary decree was passed before the hindu succession (andhra pradesh amendment) act, 1956 (xiii of 1986) came into force on 5-9-1985 the rights of the unmarried daughters conferred under the said act cannot be said to be unenforceable.7. the learned counsel for the respondent-plaintiff contended that as the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1997AP312; 1997(2)ALD(Cri)64; 1997(3)ALT1
..... manufacture, production, storage, possession, collection, purchase, sale and transport of liquor for consumption at a private place thus is permitted except arrack by the amendment act. section 8 is couched in such terms that the prohibition can completely be lifted on production, manufacture, storage, possession, collection, purchase, sale, consumption ..... his actions or incapable of judging the consequences thereof by reason of intoxication. punishment provision in section 9 has undergone a change and the amendment act has prescribed as follows :'whoever is found in a state of intoxication in any public place otherwise than as permitted under any law, ..... , 'manufacturing of liquor is hereby prohibited.' section 8 provided for punishment for buying, selling, consumption etc., of liquors and the same received some amendments before the amendment act was enforced to read as follows :'8. punishment for buying, selling, consumption etc., of liquors :-- whoever.- (a) consumes any liquor except in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1967AP14
..... 5-8-1964 (sc) by the supreme court has held that there was implied repeal of the proviso added by the madras legislature by the enactment introduced by the amendment act (100 of 1956) of the provision relating to constitution of transport authorities. this view was followed in t. n. raghunatha reddi v. m. akbar saheb, civil ..... from the one only and that it was to achieve this subject that the conjunction 'and' was used instead of 'or'. then came the central amendment act of 1956 which amended section 44 in the following manner;'a state transport authority or a regional transport authority shall consist of a chairman who has judicial experience and such other ..... officials'. whatever the situation created by the proviso, the decision in 1956 andh wr 400: air 1956 andh pra 232 after the central amendment act (100 of 1956) it is obvious that the madras amendment of the proviso was impliedly repealed. of course such an argument did not find favour with a bench of this court in sri satyanarayana .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1968AP165
..... 15(4).55. the provision to narrow down the guarantee in clause (1) of article 15 is the result of the constitution first amendment act, 1951. which, by section 2, added clause (4). this amendment was a direct consequence of the decision of the madras high court, which struck down what is known as the communal g. o. ..... classes' used in article 340 'bodily from there' to article 15(4) -- parliamentary debates 1951. third session. part vol. xii col. 9830.56. since this amendment, several attempts of the mysore government to make reservations for socially and educationally backward classes have been challenged and came up for consideration by the highest court of which the ..... of the andhra pradesh legislative assembly rules and which is in identical terms as clause (7) of the order. the government business rules are also likewise amended by the addition of rule 8-a which says:'the council shall normally give effect to the recommendations of the regional committee made under paragraph 7 of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1983AP96
..... the ground that granting of an election symbol to the telugu desam would be contrary to the letter and spirit of the 16th constitutional amendment act 1963 and he consequential amendments made to articles 86 and 173 of the constitution, and the forms of oath required to be taken by those elected to the parliament ..... culture can never becomes a corrupt practice.14-a. further the provisions of the representation of the people act or the criminal law amendment act would apply only to those particluar individuals who commit those forbidden acts. they have nothing to do either with the formation of a political party or a grant or a ..... linguistic name per se constitutes a violation of the spirit of the 16th constitutional amendment and the consequential amendments brought about in the penal code and the representation of the people act should therefore, be rejected.10. the 16th constitutional amendment act 1963 seeking to preserve, promote and maintain theintegrity and sovereignty of the nation no .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1986AP124
..... even if there is non-compliance with one of the three requirements prescribed by s. 4(1), still the notification should not be quashed, because the central amendment act further provides that the last of the three publications aforesaid should be taken as the date of publication of the notification for all purposes. he submitted that the ..... newspaper publication can be effected even today. it is true that, the central amendment act has also added the following words towards the end of sub-s. (1), viz. : 'the last of the dates of such publication and giving of such ..... of publication of notification for all purposes. but, such an argument is not open, where the urgency clause is invoked, in view of the andhra pradesh land acquisition (amendment) act 9 of 1983, which inter alia introduced sub-s.(5) of s. 17 requires that, where the appropriate authority has invoked the urgency clause in s. 17(4 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1988]70STC232(AP)
..... their shops/stalls are also sold by hotels, restaurants, and eating houses; in their case, however, section 5-c (which was introduced by amendment act 18 of 1985 and the proviso whereof was introduced by amendment act 19 of 1986) exempts them from payment of sales tax unless their annual turn-over exceeds rs. 2 lakhs. in other words, hoteliers and ..... b.p. jeevan reddy, j.1. the a.p. general sales tax (amendment) act (19 of 1986) introduced a new entry, 129-a, in the first schedule to the act. the first schedule specifies the goods under various entries in respect of which single point tax is leviable under section 5(2)(a). entry 129-a reads as follows ..... confined to those articles of processed foods which are prepared wholly or mainly from flour of gram, cereals, pulses, or oil seeds. indeed, prior to the forty-sixth amendment, hotels, restaurants, and eating houses were held not liable to sales tax on the ground that the supplies made by them do not constitute 'sales', whereas in the case .....
Tag this Judgment!