Judgment Search Results Home > Cases Phrase: delimitation amendment act 2003 section 4 amendment of section 8 Court: andhra pradesh Page 4 of about 10,401 results (0.315 seconds)

Smt. Sk. Khasim Bee Vs. the State Election Commissioner and Others

Court : Andhra Pradesh

Reported in : AIR1996AP324; 1996(1)ALT76

..... nehru gandhi v. raj narain, : [1976]2scr347 . majority of the judges declared clause (4) of art. 329-a as introduced by the constitution 39th amendment act of 1975 as unconstitutional. khanna, j., dealing with the contention of the learned solicitor general, that according to the judgment in keshavananda bharathi's case supra no fundamental ..... in a crusader's spirit, but in discharge of a duty plainly laid upon them by the constitution.'8. while considering the validity of the constitution (25th amendment) act, 1971, the theory of basic structure was propounded by the apex court in kesavananda bharathi v. state of kerala, : air1973sc1461 . majority of the judges ..... not. article 243(o) of the constitution which is relevant reads: '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 art. 243k, shall not be called in question in any court .....

Public Prosecutor Vs. Devireddi Nagi Reddi

Court : Andhra Pradesh

Reported in : 1962CriLJ727

..... 423 cripc itself clearly indicates, the section deals with the powers of an appellate court in disposing of an appeal. it does not aim at defining or delimiting the subject matter within the jurisdiction of the appellate courts. the subject matter comprises all the matters and offences of which cognizance was taken by the trial ..... by the supreme court and adopted by the counsel for the accused in : [1962]2scr904 . i also agree with umamaheswaram, j., that it is necessary to amend the criminal procedure code and vest in the high courts the power to review their judgments or orders under certain specified conditions.50. during the hearing of this petition, a ..... cutor is that inasmuch as no appeal was filed by the state, under section 417 of the criminal procedure code as against the implied order of acquittal, the learned judge acted without jurisdiction under section 423(1)(b) in altering the finding under section 326 to one under section 302, indian penal code.8. the expression 'jurisdiction' .....

M.V. Bhadraiah Setti Vs. State of Andhra (Now Andhra Pradesh)

Court : Andhra Pradesh

Reported in : [1959]10STC222(AP)

..... us, we could not read that rule in the manner suggested. it prescribed only a procedure for finally assessing under a single order, and it cannot be read as delimiting the period within which proceedings duly initiated under the rules should be terminated. this view is to some extent supported by the decision of a division bench of the ..... bench of this court held that, as government has not complied with the condition of pre-publication of the rules, rule 13 as amended in 1947, 1951 and 1953 is invalid. but the fact that the amendment is invalid does not help the petitioner as the assessment must be deemed to have been made under rule 13 in its original ..... (ii) if no return is made or the return made is not accepted, the assessing authority assesses the dealer to the best of his judgment. the provisions of the act do not lay down any period within which such an assessment should be made. the madras general sales tax (turnover and assessment) rules provides for two alternative modes of .....

Challa Swaro Vs. the District Collector (District Electio

Court : Andhra Pradesh

..... interdiction in the process of election, a constitutional bar has been imposed against entertaining any petition involving a challenge to the validity of laws relating to delimitation of constituencies. at the same time, it has been made clear that no election to any panchayat shall be challenged except by way of an election ..... of evidence taken on affidavit and issuing commission for examination of witnesses. nowhere the rule makes a provision that election tribunal shall have the power to permit amendment of election petition or addition, substitution or deletion of parties, which is a specific power available to a civil court while trying a suit under the ..... statutorily embodied. (jyoti basu v. debi ghosal ; sham lal v. state election commission ).iii. the election tribunal, constituted under the a.p.panchayat raj act, 1994, has not been conferred power to pass an interlocutory order of the nature passed in the subject election petition: provisions contained in part ix of the constitution .....

Prince Azam Jah Vs. Expenditure-tax Officer

Court : Andhra Pradesh

Reported in : [1970]78ITR364(AP)

..... be no question of discrimination. of course, if the assessee is an undivided family and not 'an individual a different yardstick is prescribed by the amended act. prior to the amendment of section 4(ii) there was no difference in relation to treatment of income and expenditure of a dependant vis-a-vis the assessee, whether ..... the boundary between what is permissible and what is forbidden by the constitutional requirement of equal protection of laws is incapable of exact delimitation. the equal protection clause of the fourteenth amendment does not preclude the states from resorting to classification for the purposes of legislation, so long as the classification is founded upon ..... import, but also those things which the interpretation clause declares that they shall include. ... it may be equivalent to 'mean and include'......'67. hence, the amending act merely included any person other than a spouse or a child who is also maintained by the assessee, that is, in addition to a spouse or a .....

Ramvilas Bajaj Vs. Ashok Kumar and anr.

Court : Andhra Pradesh

Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)

..... force before the civil courts or appellate, revisional or executing courts. these cases are required to be decided without reference to and application of the provisions of the amendment act of 2005.the registry is directed to post all these cases before the respective benches according to the roaster to hear and dispose of the same on merits. ..... municipal corporation : [1966]3scr466 , a.r. antulay v. ramdas sriniwas nayak : 1984crilj647 , dental council of india v. hari prakash : air2001sc3303 , j.p. bansal v. state of rajasthan : [2003]2scr933 and state of jharkhand v. govind singh : air2005sc294 .57. the primary rule of construction is that the intention of the legislation must be found in the words used by ..... 1. s.a. no. 1475 of 2004, preferred against the judgment and decree in a.s. no. 237 of 2003 dated 4-10-2005, was admitted on 16-12-2005. during the pendency of a.s. no. 237 of 2003, on the file of the ii additional chief judge, city civil court, hyderabad, section 32(c) of the a. .....

Vallabhaneni Lakshmana Swamy and anr. Vs. Valluru Basavaiah and ors.

Court : Andhra Pradesh

Reported in : 2004(5)ALD807; 2004(5)ALT755

..... always retrospective in operation, even though such legislation either expressly or by necessary intendment is not made retrospective. 'ultimately, it was held that the amending act being retrospective in operation does not affect the rights of the parties to the litigation on the date of adjudication or preemption of the suit and ..... of kerala, : air1995sc1012 , the constitutional bench by majority observed that while holding that in respect of the acquisition proceedings initiated prior to the date of commencement of amending act, the additional amount payable under section 23 (1-a) will be restricted to matters referred to in clause (a) and (b) of sub-section (1) ..... urged so belatedly. however, we have already held the argument based on 1994 amendment as of no merit.'57. in shiv shakti co-operative housing society, nagpur v. swaraj developers, : [2003]3scr762 , the maintainability of the revision application after the amendment act 46 of 1999, which was given effect from 1.7.2002 was, the .....

Oriental Insurance Co. Ltd. Vs. Mukku Bullemma and ors.

Court : Andhra Pradesh

Reported in : 1996ACJ1213

..... by a condition that certain amount has to be deposited along with the appeal. in this case the question of right of appeal arose earlier to amendment or repealing of the act and the question is whether the appellants must have deposited the amount for filing the appeal as ordered or not. answering the said questions, the ..... a vested right cannot be presumed unless such intention be clearly manifested by express words or necessary implication. this decision was rendered while considering the question whether the amendment to section 32 proviso which has placed a substantial restriction on the assessee's right of appeal applies or the old section applies. in this decision, sardar ..... new act. it is relevant, in this context, to refer to some of the judgments of the supreme court. in sardar ali v. dolimuddin ostagar air 1928 calcutta 640, it was held that the date of presentation of the second appeal to the high court is not the date which determines the applicability of the amended clause .....

M/s Pulp N'Pack Private Ltd., Tadimalla Nidadavote Mandal rep. by Its ...

Court : Andhra Pradesh

Reported in : (2009)23VST573(AP)

..... periphery of legislative competence and include all matters which are ancillary or subsidiary to the primary head. entry 65 enumerates a legislative field respecting conferral, withdrawal or amendment of jurisdiction and powers of all courts (except the supreme court) with respect to any of the matters in list-ii. conferral of a special appellate ..... principles of natural justice as the petitioner was not given an opportunity of hearing before the passing of the said orders.8. the petitioner was permitted to amend its prayer in the writ petitions taking note of subsequent development. the petitioner now challenges the validity of the orders dated 01.11.2008 passed by ..... the orissa high court in a 1997 judgment in gannon dunkerley & co., ltd. v. sales tax officer and anr. (2003) 133 stc 534. exercising power under section 14-d of the orissa sales tax act 1947, the authority withheld refund of tax. on facts, the appellate commissioner of commercial tax had recorded that a second appeal .....

M.T. Khan and Others Vs. Government of A.P., Hyd. and Others

Court : Andhra Pradesh

Reported in : 1998(3)ALD625; 1998(3)ALT508

..... should be appointed as additional advocates-general and not for the court to direct.13. the other submission that the appointment can only be effected upon suitable amendments being effected to the constitution does not, however, find any substance with us.14. in that view of the matter, this writ petition fails and is ..... general does not and cannot arise. it is on this count mr. advocate-general appearing for the respondents contended that the statutory functionary shall have to act as a statutory functionary. there is neither any confusion nor any repugnancy in the matter of appointment of an additional advocate-general since advocate general and ..... that we have to take note of article 367 of the constitution, which provides :'367. interpretation .-(1) unless the context otherwise requires, the general clauses act, 1897, shall subject to any adaptations and modifications that may be made therein under article 372 apply for the interpretation of this constitution as it applies for .....