Court : Andhra Pradesh
Reported in : [1997]104STC25(AP)
..... was likely to result in discrimination in violation of article 14 of the constitution. the bench also noted that by andhra pradesh general sales tax (amendment) act, 1985, section 4 of the act was amended and later notification was issued delimiting the areas of the jurisdiction of the officers. it was held that although concurrent jurisdiction of all the commercial tax officers (intelligence) over the ..... . limited v. commercial tax officer , it may be pointed out that section 38(4) of the amendment act 18 of 1985 was not brought to the notice of the bench. what all was stated before the said bench was that the government had issued a notification delimiting the jurisdictional areas of the officers and their jurisdiction was confined to certain specified areas and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD243
..... and 243-o in place of article 327 and sections 2(kk), 11-f and 12-bb of the act in place of sections 8 and 9 of the delimitation act, 1950, it will be obvious that neither the delimitation of the panchayat area nor of the constituencies in the said areas and the allotments of seats to the ..... would be visited with serious consequences. indeed, in pradhan singh's case which arose under part-ix of the constitution of india the supreme court held that delimitation of the panchayat area or allotment of seats to the constituencies without affording an opportunity to raise objections and without giving opportunity of being heard can be challenged ..... any court. having regard to the plain language of the provision though judicial review which is basic feature of the constitution cannot be taken away by a subsequent constitutional amendment, the scope of judicial review in such matters is very limited. in state of u.p. v. pradan sangh keshetra samiti, : air1995sc1512 , interpreting article 243- .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(3)ALD370; 2006(3)ALT433
..... union of india : [1981]1scr206 , five-judge constitution bench of this court had to consider the validity of certain provisions of the constitution (42nd amendment) act, 1976 which, inter alia, excluded judicial review. the judgment for the majority, delivered by chandrachud cj for four judges, contained the following observations:.our constitution ..... of freedom of trade, commerce and intercourse in a community regulated by law presupposes some degree of restriction upon the individual', that freedom must necessarily be delimited by considerations of social orderliness. in one of the earlier australian decisions (duncan v. the state of queensland 1916 (22) clr 556), griffith, c ..... tulsi das v. government of a.p. : [2002]supp3scr306 , st. johns teachers traning institute v. regional director national council for teacher education : [2003]1scr975 in this regard. the constitutional power of the high courts under article 227 of the constitution of india cannot be in any way curtailed or limited .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP372; 1965CriLJ585
..... without a warrant.'at that time, s. 5-a did not exist ; but it was introduced by the prevention of corruption second amendment act (central act 59 of 1952). by section 2 of the same amendment act, section 3 was amended by adding the words 'or section 165a' after the portion 'section 165' and by omitting the proviso. thus, sections 161, 165 ..... cum-assistant sessions judges mentioned in column 1 of the table below as special judges to try the offences mentioned in section 6 and 7 of the said act (criminal law amendment act, 1952) in respect of cases arising in the district noted in column 2 of the table and investigated by the anti corruption bureau of andhra pradesh. ..... area or more special judges than one for that area depending on how many they find necessary for that area. government may, in the exercise of sound discretion, delimit an area and also decide on the number of special judges to be appointed for that area. where government appoints more than one special judge for such area. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(3)ALT242; [1994]93STC548(AP)
..... in respect of the same area is likely to result in discriminatory consequences and hence violative of article 14 of the constitution. thereafter, by amendment act 18 of 1985 section 4 of the act was amended. the amended provision came up for consideration in mcdowell & co. limited v. commercial tax officer . his lordship jeevan reddy, j. (as he ..... as it has not taken into account sub-section (4) of section 38 of the act, brought into by the amendment act 18 of 1985. 10. in view of the above, the contention of the petitioners that section 4 of the act was again struck down by this court in the decision mcdowell & co. limited v. ..... judge held that the notification would not validate the impugned notice therein because the notification delimiting the areas of jurisdiction cannot have retrospectively validate the impugned notice. in other words, accordingly to the learned judge, the amendment brought in by act 18 of 1985 did not rectify the second part of the defect pointed out in the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALD(Cri)206; 2002(4)ALT456
..... under section 190 may order such an investigation as abovementioned.'the argument advanced is that section 5(4) and proviso to section 3 of the act are in substance and in effect in the nature of an amendment of or proviso to section 156(1) of the code of criminal procedure. in this view, it was suggested that section 156(2) which ..... sub-section (1) of section 156 is a provision empowering an officer in-charge of a police station to investigate a cognizable case without the order of a magistrate and delimiting his power to the investigation of such cases within a certain local jurisdiction. it is the violation of this provision that is cured under sub-section (2). obviously subsection (2 ..... 156(2), it is not permissible to read the emphatic negative language of sub-section (4) of section 5 of the act or of the proviso to section 3 of the act, as being merely in the nature of an amendment of or a proviso to sub-section (1) of section 156 of the code of criminal procedure.some of the learned .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1988AP226
..... meant for the other. on harmonious constructions of sub-sees. (2) and (3) of s. 97, what clearly emerges is that out of vast field of amendments introduced by the amendment act certain amendments enumerated in cls. (a) to (zb)of sub-sec. (2) have been carved out and kept out of reach of sub-sec. (3) which gives ..... the said clauses deal with and save the suits, appeals, proceedings, injunction, attachment, etc., as the case may be, in so far as they are affected by the amendment act. by amendment of definition of 'decree' in s. 2(2), proceedings or applications including one filed under 0. xxi, r. 2, are not any way affected. the orders ..... follows that not withstanding the acquisition of right of appeal to a litigant on account of filing of e.p./ea. before the commencement of the amendment act, the provisions of cpc as amended including amended definition of decree in s. 2(2) will apply to the pending appeals proceedings etc. thereby affecting the appealabiliity of the orders determining any .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1957CriLJ1086
..... observed:.their lordships are satisfied that the scope and extent of the section is far other than this, and that it is a section conferring powers on magistrates and delimiting them. it is also to be observed that, if the construction contended for by the crown be correct, all the precautions and safeguards laid down by sections 164 ..... magistrate in the course of an investigation or under any law for the time being in force or at any time subsequently. sub-section (3) which was amended by section 35 of act 18 of 1923 lays down thata magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a ..... it is admissible in evidence under section 32 if the declarant dies.since the declarant survived it is not admissible in evidence, in so far as the indian evidence act is concerned. in england, however, the position is different. there it would be admissible if it is made with the apprehension of impending death even though the declarant .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(5)ALD409
..... status and opportunity; and to promote among them allfraternity assuring the dignity of the individual and the unity of the nation.10. by constitution (forty-second amendment) act, 1976, the words 'sovereign, socialist, democratic republic' were substituted for the words 'sovereign democratic republic' and the words 'unity and integrity of the ..... of election to various bodies including panchayats, which are intended to be units of self-government, is frustrated by judicial interventions at various stages like delimitation of constituencies, issuance of notification for holding election, preparation and publication of the electoral rolls, filing of nomination papers, actual poll, counting of votes ..... no. 486 of 1974 (the special deputy collector (tribal welfare), warangal v. koya brahmanandam and ors.) and d.o. letter dated 5-12-2003 written by director of tribal welfare, government of andhra pradesh to district collector, warangal. the petitioners have also pleaded that reservation of all the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP37; 1995(2)ALT439
..... constitutional courts in the state of madras v. v. g. row, : 1952crilj966 in the context of the challenge to the validity of criminal law amendment act (1908) (as amended in madras by madras act 11 of 1950) in these words (at p. 199 of air): 'before proceeding to consider this question, we think it right to point out, ..... the basis.'we have seen that the legislature of the state is competent to make law with respect to the composition of panchayats and a sort of delimitation of the territorial constituencies is contemplated under article 243c of the constitution of india. the state legislature's competence to make laws with respect to matters relating ..... , elections to the panchayats. the third i.e., article 243-o provides: 'notwithstanding anything in this constitution-- (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243k, shall not be called in question in any court; and .....
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