Court : Andhra Pradesh
Decided on : Sep-21-1989
Reported in : 1990CriLJ2743
..... filed a charge-sheet against the petitioners and some others for offences punishable under sections 147, 148, 307 read with section 149, i.p.c. and also under sections 3, 5 and 6 of the explosive substances act and under sections 3 and 27 of the indian arms act. it is alleged in the charge-sheet that during the elections of municipal corporation ..... p.c. as well as under the provisions of tada. in the second case the offence is punishable under i.p.c., under the provisions of explosive substances act and indian arms act and also under the provisions of tada. therefore, if any magistrate takes cognizance on the basis of such charge-sheet or police report, he gets ..... is how this application is before us. 3. sri kolanda reddy, learned counsel for the petitioners, submits that tada is more or less a self-contained act and under section 14 the designated court alone has got jurisdiction to take cognizance of the case and in the instant case, though the learned additional sessions judge is also .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-21-1989
Reported in : (1995)IIILLJ740AP
..... 7. we shall not proceed to consider the various contentions. the learned counsel for the respondents, viz., the contract labour, relied on certain provisions of the act. in section 2(b) it is mentioned that a workman shall be deemed to be employed as 'contract labour' in or in connection with the work of an establishment ..... are contract labour working as hamalis 'muccaddams' in the area stores of the company and the nature of work is to load and unload store material like explosives, cement, timber, iron, etc., and all the petitioners were given training by the respondent-company for certain period and though the petitioners are working under the ..... entitled to be absorbed- reliance is placed on catering cleaners of southern railway v. union of india, 1987 (1) llj 345. in that case. section 10 of the act came up for consideration. the workers concerned there were employed through contractor in the catering department of the railway. they styling themselves as catering cleaners of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-17-1989
Reported in : 1990ACJ668; AIR1989AP235
..... same proceedings......againstthe secretary of state in council of india as they could have done against the said company.....'. this concept was reiterated insub-section (2) of section 32 of the government of india act, 1915, which declared 'every person shall have the same remedies against the secretary of stale in council as he might have had ..... to the addl. district& sessions judge, kurnool, that only two constables were guarding the jail that night. he opined : 'i am inclined to think that the alleged explosion in cell no. 7 took (place) for want of adequate vigilance on the purl of the police personnel.....'. his notes ofinspect ion appended to ex.a-9 show that ..... this constitution...... '6. (1) for the removal of doubts it is hereby declared that if any person alleges that any of the provisions of the foregoing sections or section of this constitution, has been, is being.or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-1989
Reported in : (1989)77CTR(AP)40; [1989]178ITR31(AP)
..... and defines the nature or the charge. that it is a levy on excisable goods, produced or manufactured in india, is mentioned in terms in the section itself. section 4 of the act provides the measure by reference to which the charge is to be levied. the duty of excise is chargeable with reference to the value of the excissable ..... tax but it does not necessarily determine is. the relationship was aptly expressed by the privy council in re : a reference under the government of ireland act, 1920 and section 3 of the finance act (northern ireland) 1934 [1936] ac 352, when it said : '........ it is the essential characteristics of the particular tax charged that is to be ..... would be 15% of the purchase price (issue price) and not 15% of 40% of the purchase price. legislative competence of parliament to enact section 44ac and section 206c : the income-tax act is an enactment relating to entry 82 in list i of the seventh schedule to the constitution. entry 82 empowers parliament to make a law with .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-18-1989
Reported in : (1993)IIILLJ417AP
..... while he was the manager (pesticides) or subsequently.7. before me, the stand of the respondent is sought to be justified under section 4(6) of the act. sub-section (6) of section 4(6) incorporates two situations in which the amount of gratuity can be forfeited either wholly or to the extent of the loss caused ..... cannot be issued. 4. the only question that requires consideration is whether the respondent is justified in withholding the gratuity under sub-section (6) of section 4 of the act.5. the payment of gratuity act, 1972, is a beneficial legislation enacted with a view to provide payment of gratuity to employees engaged in factories, mines, oil-fields ..... of the respondent. now we may notice briefly the relevant provisions of the act. section 3 of the act provides for the appointment of a controlling authority for the administration of the act. section 4 is the mainstay of the act. it contains six sub-sections. sub-section (1) provides that gratuity shall be payable to an employee on the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-28-1989
Reported in : 1992(1)ALT340
..... only to transactions entered into subsequent to that date would make it practically lifeless and a surplusage. the learned counsel for the appellant's relying upon section 4(3) of the act argued that the act has no application for joint family properties. in this case i have already held while discussing points 1 and 2 that the 1st defendant was ..... defendant is a coparcener in a hindu undivided family and that the property was held by him for the benefit of the co-parceners in the family, section 4(3) of the act will not have any application. that apart, the contention of the appellants is to the effect that they are the real owners of the property whereas budatha ..... since the person in whose name the property is held not being a co-parcener in a hindu undivided family, section 4(3) of the act is not attracted. i accordingly find on this point that section 4 of the act operates as a bar against the plaintiffs setting up a plea of benami nature of transactions and consequently defendants 3 to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-20-1989
Reported in : AIR1990AP152
..... marked. the learned subordinate judge taking into consideration the dale of selection of the land for acquisition as, 27-7-1982 and the date of the notification' under section 4(1) of the act as 19-12-1982, rejected the sale deeds and the agreement of sales that have been produced on behalf of the claimants. he also found that the valuation ..... at rs. 6,500/- for s.no. 438. against that a reference has been made to the civil court at the instance of the claimants under section 18 of the land acquisition act (in short, 'the act'). in that reference, before (he subordinate judge, bhongir, 9 witnesses were examined and exs. a-1 to a-8 and exs. b-1 to b-4 ..... either by the tribunal or subsequently on reference by the civil court. the crucial date for fixing the reasonable compensation is the date of the notification under section 4(1) of the land acquisition act. in this case the publication was made on 29-12-1982. the sale deeds that were relied upon by the claimants are ex. a-l dated 25 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-31-1989
Reported in : AIR1990AP20
..... rights or basic human rights. it is also not a case where any legal wrong, or legal injury has been inflicted upon the socially or economically disadvantaged sections of the people. according to the respondent, this is indeed a case where certain members of the cong-ress(i) party are seeking to wreak vengeance for ..... reason, viz., they do not satisfy the requirements of public interest litigation as enunciated by the supreme court; by these writ petitions the rights of exploited or weaker sections of the society are not sought to be promoted; indeed, they are actuated by political vendetta. the petitioners have not approached this court bona fide, or with ..... protection to them against frivolous and vexatious prosecutions. a minister is also a public servant, as defined in section 2(c) of the prevention of corruption act, 1988; but that definition again is relevant for the purpose of that act alone. because of the said definitions, it cannot be held that a minister is a public servant for .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-12-1989
Reported in : 1991(2)ALT290
..... to the fact that the power of the board to frame uniform tariffs can be exercised only subject to the restrictions provided for in sub-section (4) of section 49 of the act. so long as this power has been exercised in a fair and reasonable manner, it cannot be interfered with on the nebulous ground that ..... arguments. the main contentions raised by the learned counsel for the petitioners have been with regard to the fixation of uniform tariff by the board, under section 49 of the act. therefore, the ancillary questions with regard to the demand notices issued by the respondent-board and the fixation of charges consequent upon the refusal to ..... . the board, therefore, occupies an extremely important position in the hierarchy of industries engaged in the industrial development of the company, (sic country). under section 49 of the act, the board is empowered to fix terms and conditions of supply of electricity and to frame uniform tariffs having regard to nature of supply and the purpose .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-15-1989
Reported in : (1990)89CTR(AP)43; [1990]182ITR242(AP)
..... or inadvertence or mistake of the income-tax officer, that by itself cannot be a ground for reopening the assessment by exercising the power under section 147(b) of the act red with section 148, and that on a mere reappraisal of the same material already considered during the original assessment if it is discovered that an error was ..... lordship gajendragadkar j. (as he then was) held (at pages 5,6) : 'it is clear that two conditions must be satisfied before the income-tax officer can act under section 34(1) (b). he must have information in his possession, which, in the context, means that the relevant information must have come into his possession subsequent to the ..... stand by an astute discovery of a plea that the earlier judgment was rendered per incuriam. the wisdom which has fallen from bowen l. j. in ex parte pratt [1884] 12 qbd 334 , though delivered in a different context, has wider relevance to include the present position. the learned lord justice observed : 'there is a good old .....
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