Court : Andhra Pradesh
Reported in : AIR2004AP381; 2004(2)ALT604
..... provided that reallocation of seats shall take effect only from such date as the president may by order fix. now, in view of the constitution (eighty-seventh amendment) act, 2003, the delimitation commission has to finalise the delimitation and readjustment of territorial constituencies on the basis of the census figures of 2001, which according to the respondents 2 and 3 will definitely take considerable time ..... be done on the basis of the latest census of 2001 and not on the basis of the 1991 census. accordingly, the constitution (eighty seventh amendment) act, 2003 was brought about by the parliament which provides that delimitation of all parliamentary and assembly constituencies will be on the basis of census figures of 2001. final figures of the 2001 census have been published by .....
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 : [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 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP3; 1961CriLJ33
..... and 7 of the said act. as the offences under sections 466, 467 and 420 committed by persons who are not public servants, are not ..... section 7(3) of the criminal law amendment act. the learned judge says at p. 525 thus: '......the special judge is not one of thecriminal courts recognised by the code of criminal procedure. his powers are conferred by and confined to section 6 of the criminal law amendment act (xlvi of 1952) and delimited to certain offences specified in sections 6 ..... by the penal code. in my view, the attention of the learned judge was evidently not drawn to the specific terms of section 7 of the criminal law amendment act xlvi of 1952. it may be stated that section 6 which confers power upon the state government to appoint special judges provides that such judges may be appointed .....
Tag this Judgment!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' .....
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 : AIR1968AP218
..... was not included in it, he certainly exceeded the jurisdiction vested in him because he could not expand or restrict an area delimited by the delimitation commission: if, in fact, he commits such a mistake or acts in excess of his jurisdiction, which is the authority that can correct him or give him directions?13. mr, chowdary contends that ..... posed in that order is 'whether an area locally known as mutyalampadu colony falls within the vijavawada east assembly constituency or the vijavawada west assembly constituency, as delimited by the delimitation commission by its order no. 3 made and published on the 3rd july, 1965.' after setting out well nigh what has already been noticed as stated in ..... clearance programme a large township was fast corning up in that area and hence the decision to treat it as an urban unit; and that pending issue of formal amendment of circular no. 4, it might be treated as an independent urban unit, with code no. ii for 1961 census; that in the list of location code .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1970AP337
..... :'whether in the election petition made to the high court under section 80 read with section 80-a of the representation of the people act no. 43 of 1951 as amended by he representation of the people (amendment) act 1966, some of the votes case were open to challenge under section 100(1)(d)(iii) and (iv) of the ..... respect to all matters relating to, or in connection with, elections to either house of the legislature or a state including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such house or houses.58. the effect of the above provisions of law may be ..... connection with election to either house of parliament or to the house or either house of the legislature of a state including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such house or houses. '328. subject to the provisions of this constitution and in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1983AP325
..... by duly publishing it under sec. 8(1) of the act, will have the force of law.(2) if the amendment attaining the force of law as aforementioned, made in the delimitation of parliamentary and ..... . in sum - (1) any delimitation or readjustment and consequential allotement of seat made in the exercise of the powers conferred under sub-section (3) of s. 6 of the scheduled castes and scheduled tribes orders (amendment) act, 1976 and consequential amendment made in the delimitation of parliamentary and assembly constituencies order, 1976 ..... commission reserving '10-salur' constituency for scheduled tribes and containing orders under cl. (d) of s. 6 (1) of the act, causing necessary amendments in the delimitation of parliamentary and assembly constituencies order, 1976 has been published in the gazette of india as well as in the official gazette of .....
Tag this Judgment!