Court : Andhra Pradesh
Decided on : Feb-16-1973
Reported in : AIR1973AP315
..... where exceeds six metres ; (b) the number of persons employed on any one day does not exceed fifty ; and (c) explosives are not used in connection with the excavation. (2). notwithstanding anything contained in sub-section (1), the central government may, if it is satisfied that, having regard to the circumstances obtaining in relation to a mine or ..... or class of mines, it is necessary or desirable so to do, by notification in the official gazette, declare that any of the provisions of this act, not set out in sub-section (1) shall apply to any such mine or part thereof or group or class of mines or any class of persons employed therein. (3) without ..... case. and since one of the conditions, that is, the number of persons employed on any one day by the petitioner-company admittedly exceeds 50, all the provisions of the act including section 17 must apply to the petitioner-company.10. now, in ordinary usage, ' and ' is conjunctive and ' or ' disjunctive. but to carry out the intention of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-10-1973
Reported in : AIR1975AP58
..... , who are to be appointed on consultation with the central government and the state government. the functions of the food corporation are set out in section 13 of 1964 central act, the primary duty of the corporation is to undertake the purchase, storage, movement, distribution and sale or food-grains and discharge, among other things ..... the national co-operative development and warehousing board. it is to consist of a chairman and other members. the functions of the board are detailed in section 9 of that act, its functions being to plan and promote programmes for the production, processing, marketing, storage, warehousing, export and import of agricultural produce through a co ..... and when such facilities are not available the collection of the fee or cess at the rates specified in the impugned notice is illegal. section 7 (1) of the act places a restriction on any person to purchase, sell, store or weigh the agricultural product without the permission or the market committee and such .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-11-1973
Reported in : AIR1975AP138
..... general law relating to arbitration there is no appeal against an award. the power to provide for an appeal by a rule must, therefore, flow from section 30 of the act, section 30 first confers a general power to make rules and then enumerates, as illustrative of the general power, certain, topics on which rules in particular may ..... may delegate some of its powers and functions to any authority or person, there is no provision on this line in chapter iv-a of the act section 12 of the corporations. act, however, empowers the corporation by resolution passed at a meeting to appoint committees of its members for performing such functions as may be specified in the ..... being exercised by anyone other than the authority to which it is entrusted by the parliament. much therefore depends upon the construction of section 68-c of the act and section 12 of the corporations act that alone would provide an answer as to whether the delegate i. e. the routes committee is within the statutory description of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-24-1973
Reported in : AIR1974AP299
..... purpose of watching the proceedings or assisting the secretary of state. such a company or local authority has not the power to ask for the reference under section 18 of the act ; neither does not act give it the right of appeal.'in nagpur corporation v. narendra kumar, : air1959bom297 , kotwal, jj., observed :'the only parties who may be said ..... granted ex parte.2. in order to appreciate the objection raised by the respondents it is necessary to refer to the provisions of the land acquisition act. section 4 of the land acquisition act enables the government to publish a notification stating that land in a locality is needed for a public purpose. on the publication of such notice ..... and there can be no doubt that no proceeding can properly go on in the absence of the secretary of state for india in council. under section 50 of the act, a company or a local authority for whose benefit the acquisition is made may appear and adduce evidence for the purpose of determining the amount of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-16-1973
Reported in : AIR1974AP83
..... though it is a revision. such a case therefore need not be posted before the full bench. it may be that a case of revision although preferred under section 61(1) of the act was heard in referred case no. 4 of 1891 in (1892) ilr 15 mad 259 (fb) and firm shyam lal bidhi chand v. mukundlal , (air 1942 all 147 ..... loan or debt. he therefore expressed the opinion that the document creates a right over specific property falling under the definition of 'mortgage deed' as defined by section 2(17) of the indian stamps act. he therefore opined that the document requires a stamp duty of rs. 360/- under article 35 (a) read with art. 20 of schedule 1-a of the ..... ekbote, c.j.1. we have before us the matter of clarification sought by the office as to before whom the revision filed under section 61(1) of the stamp act should be placed for hearing.2. the facts in brief are that sri bhagat ram undertook to construct a house at himyatnagar on behalf of sri p.v. narayana for .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-31-1973
Reported in : AIR1975AP91
..... underlining ours) the learned judges further held that:--'. ... in deciding a case involving the question of the applicability or otherwise of the section (section 2(15) and section 6 and schedule i, aritlce 45 of the stamp act) the test is not whether originally the right of each of the parties was recognised to a part of the property but the ..... co-owner to divide the suit properties, a compromise decree passed under these circumstances does not amount to an instrument of partition within the meaning of section 2(15) of the act. the genesis or the claim to partition the properties owned jointly must be co-ownersnip. where the claim for partition on the basis of co-ownership ..... love and affection, or due to some other cause or consideration the compromise decree cannot be termed to be an instrument of partition within the meaning of section 2(15) of the act....'this decision appears to run counter to the decisions of the madras high court in (1889) ilr 12 mad 198 (fb) and air 1934 mad204; .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-25-1973
Reported in : AIR1973AP319
..... that case, therefore, cannot be taken as an authority for the proposition that an agreement relinquishing the right to maintenance prior to the act would still be governed by section 25 of the act.39. what follows therefore is that in the present case, the learned single judge in following the said unreported decision of division ..... other maintenance holder not to claim higher rate of maintenance, even when changed circumstances warrant, such a person would be entitled to enhanced maintenance under section 25 of the act if there has been a material change in the circumstances.24. it must be borne in mind that the said decisions do not relate to ..... the purpose of it is to protect helpless widows and others entitled to maintenance against the abuse of their position in the family. that is the true position of section 25 of the act can be seen from the following decisions, s. kameswaramma v. subramanyam, : air1959ap269 ; seshi ammal v. thaiyu ammal, : air1964mad217 ; raja gopal rao v. sitha .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-22-1973
Reported in : [1977]106ITR333(AP)
..... of the sale deed, it could not legitimately be inferred that the transfer was effected with the object of avoidance or reducing the liability of the assessee under section 45 of the act. we are unable to accept this contention. apart from the fact that there was gross under-valuation of the property at the time the sale deed was executed ..... shall be deemed to be a gift made by the transferor.'18. although thus the transaction under consideration was a simple sale, for purposes of the gift-tax act, in view of section 4(1), the difference was deemed to be a gift made by the transferor because there was difference of rs. 34,000 between the consideration mentioned in the ..... a revised return of income-tax on february 10, 1967, for the assessment year 1964-65. he included therein an amount of capital gains liable to tax under section 45 of the income-tax act to the extent of rs. 15,958 and after deducting an initial exemption of rs. 5,000, rs. 10,958 was disclosed as taxable income. this .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-16-1973
Reported in : AIR1974AP175
..... the privy council in the respect in ilr 40 mad 709 = (air 1917 pc 33). under the law prior to 1929, if the transfer was for no consideration section 10 of the limitation act would be attracted and there would be no bar of limitation. if the transfer was of the institution itself with or without the properties attached to it, it ..... under section 31 of the act. if the previous mahant had died prior to 1-1-1952 the suit is barred by limitation. on the construction of article 96, his contention is that the words ..... be sustained.9. sri ananthababu, learned counsel appearing for the respondents contended that article 96 cannot be applied to this case on account of the prohibition contained in section 31 of the limitation act. according to his contention, it is only those suits wherein the previous mahant died on or after 1-1-1952 and before 1-1-1964 that are saved .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-10-1973
Reported in : AIR1974AP72
..... it is alleged that the amount was kept there by the petitioners intending to use it for side betting. the police raided and arrested the petitioners and others.2. section 12 of the act reads thus :'whoever is found gaming with cards, dice, counters, money or other instruments of gaming in any public street , place or thoroughfare or publicly fighting cocks ..... fact frequenting that place and therefore the dilapidated house in which the accused were found playing cards for money is not a public place within the meaning of section 12 of the act.8. in the decision emperor v. govindarajulu, air 1916 mad 474 the accused was procuted for disorderly behavior in a place of public resort (to wit, ..... to which the public go , whether they have a right to go or not, is a place of public resort within the meaning of that section.10. in the decision the queen v. wellard, (1884) 14 qb 63 the accused was convicted of indecently exposing his person at a place which was out of sight of the public footpath , but .....
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