Court : Andhra Pradesh
Decided on : Mar-10-2003
Reported in : 2003(6)ALT175; [2003]132STC587(AP)
..... 1993 made by the commissioner of commercial taxes, hyderabad in cct's procs. no. lv(1)2042/1991, this special appeal is filed under section 23(1) of the andhra pradesh general sales tax act, 1957 by the dealer.2. appellant was assessed by the commercial tax officer, begumpet, for the assessment year 1986-87 on a gross ..... commissioner is illegal and prejudicial to the interests of revenue and as such invoking powers under section 20(1) of the act a revision was sought to be made.3. the commissioner of commercial taxes, while exercising powers under section 20(1) of the act, was of the view that though it cannot be disputed that the connector, which actually ..... no. 721 is an inclusive definition, which includes 12 items like consumer electronics etc., in our considered view, the order passed by the commissioner exercising jurisdiction under section 20(1) of the act is practically unsustainable.9. the special appeal is accordingly allowed setting aside the order impugned. no order as to costs.
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-03-2003
Reported in : 2003(2)ALT661; (2003)IILLJ1149AP
..... information collected, tabulated and prepared by the said department. hence, the respondent cannot be called to be an industry within the meaning of section 2(j) of the industrial disputes act. the function of enumeration of census work is purely a sovereign function and the tribunal has rightly t relied upon the judgment of ..... tribunal-cum-labour court passed its award considering two important aspects:(i) that the census department was not an industry within the meaning of section 2(j) of industrial disputes act; and(ii) the dispute is raised after a delay of fourteen years.8. insofar as the first aspect is concerned, the labour court ..... 240 days. all of a sudden the regional joint director, census operations, khammam region prevented him from attending to duties violating the provisions of section 25f of the industrial disputes act and neither the petitioner was paid notice pay nor retrenchment compensation, though worked continuously for a period of 240 days. after termination of his .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-01-2003
Reported in : 2003(5)ALD263; 2003(6)ALT829; (2003)IIILLJ1092AP
..... he has to be assisted by other railway servants. in such an event, no useful purpose will be served keeping him in supernumerary post, even invoking section 47 of the act. it is a case, where the petitioner while discharging duties met with an accident on account of which he lost his right hand and right leg ..... be remembered that person does not acquire or sufferer disability by choice. an employee, who acquires disability during his service, is sought to be protected under section 47 of the act specifically. such employee, acquiring disability if not protected, would not only suffer himself, but possibly all those who depend on him would also suffer. the very ..... in chapter viii, deals with an employee, who is already in service and acquires a disability during his service. it must be borne in mind that section 2 of the act has given distinct and different definitions of 'disability' and 'person with disability'. it is well settled that in the same enactment if two distinct definitions are .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-15-2003
Reported in : 2003(6)ALD225
..... belonging to any charitable or religious institution or endowment without complying with the formalities specified in the said provisions. 45. a further reading of section 81 of act 30 of 1987 makes it abundantly clear that the legislature intended to invalidate all the unauthorised alienations by way of sale, exchange or mortgage ..... provisions are mandatory. 54. in chenchu rami reddy v. government of a.p., : [1986]1scr989 , the supreme court while interpreting the very section 74 of the act 17 of 1966 observed that the properties belonging to institutions or endowments must be jealously protected. 'it must be protected, for, a large segment of ..... takeover the management of the gurukul ghatkeshwar trust and its properties and funds. the commissioner in exercise of the power conferred upon him under section 6 of the act 30 of 1987 published the list of charitable and religious institutions in the prescribed manner including this particular institution as a charitable institution vide .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-15-2003
Reported in : 2003(6)ALT62
..... belonging to any charitable or religious institution or endowment without complying with the formalities specified in the said provisions. 43. a further reading of section 81 of act 30 of 1987 makes it abundantly clear that the legislature intended to invalidate all the unauthorised alienations by way of sale, exchange or mortgage belonging ..... the provisions are mandatory.51. in chenchu rami reddy v. govt. of a.p., : [1986]1scr989 the supreme court while interpreting the very section 74 of the act 17 of 1966 observed that the properties belonging to institutions or endowments must be jealously protected. 'it must be protected, for, a large segment of ..... takeover the management of the gurukul ghatkeshwar trust and its properties and funds. the commissioner in exercise of the power conferred upon him under section 6 of the act 30 of 1987 published the list of charitable and religious institutions in the prescribed manner including this particular institution as a charitable institution vide rc .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-26-2003
Reported in : 2004(1)ALD517; 2004(2)ALT279
..... the impugned order passed by the council is at page no. 291. it is recorded that the petitioner was suspended as per sub-section (5) (a) and (b) of section 51 of the act.3. sub-section (5) of section 51 reads as under:'57. presidency of council and chairperson: (5) (a) the chairperson may, if he deems it necessary, ..... is contrary to the provisions of section 51 of the act, and without passing any order under sub-section (3) of section 51 and without there being any resolution by the council the petitioner was placed under suspension, which is arbitrary and illegal.2 ..... month of march, 2000 was suspended by the impugned proceedings dated 29-11-2003 for a period of two months under sub-section (5) of section 51 of the a.p. municipalities act, 1965 (for short 'the act'). questioning the same the present writ petition is filed contending that the said order passed by the chairman of the municipality .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-29-2003
Reported in : 2004(1)ALD768
..... member of third respondent and therefore it is always open to third respondent to recover loan after obtaining a certificate under section 71 of the state act.6. furthermore, against every certificate for recovery granted under section 71, the petitioner has an effective alternative remedy of filing an appeal before the a.p. co-operative tribunal. the ..... petition was withdrawn.2. the registrar of co-operative societies (hereafter called 'rcs') passed an award under mscs act against the petitioner society. aggrieved by the same, an appeal under section 90 of the said act was filed and the same was allowed by the appellate authority-cum-joint secretary to central government on the ground ..... -8.2000 the first respondent returned the case giving liberty to hdccb to seek a reference under central act of 1984. thereafter when the first respondent passed orders on 2.11.2001 under section 74 of the central act directing the petitioner society to pay an amount of rs. 84,41,656.87 ps., the petitioner .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-26-2003
Reported in : 2004(1)ALD846
..... to set aside an award shall be deemed to be a suit for cancellation of a decree within the meaning of this section'. .5. section 37(1)(b) and section 37(2) of the a.p. court fee and suits valuation act, 1956 make it abundantly clear, on bare perusal, that if a party challenges a document and claims only a share in the ..... to him, it was sham. therefore, without getting a declaration with respect to the document he could not claim a share. but, section 37(1)(b) and section 37(2) of the a.p. court fee and suits valuation act, 1956 make it clear that he was required to pay the court-fee on the share he claimed. therefore, in my view, there ..... , therefore, he was bound to pay court-fee on an amount of rs. 12,00,000/- in terms of section 37 of the a.p. court fee and suits valuation act, 1956.4. section 37 of the a.p. court fee and suits valuation act, 1956 lays down:'37. suits for cancellation of decrees, etc.:--(1) in a suit for cancellation of a decree .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-10-2003
Reported in : 2004(2)ALD336
..... the earlier partition was evidenced by an unregistered partition deed will not render proof of the factum of that partition by either evidence inadmissible under section 91 of evidence act, because this section excludes oral evidence only in proof of the terms and not of the existence as a fact of a contract, grant or other disposition ..... of status.9. in b. padmanabhaiah v. b. lakshminarayana, air 1962 ap 132, a learned single judge of this court while referring to section 35 of the stamp act, 1899 held that an unstamped instrument of partition is not at all admissible in evidence even for a collateral purpose. but, an unregistered instrument of ..... covering this field.8. in nagamma v. madala, : air1954mad165 , a learned single judge of the madras high court while dealing with the proviso to section 49 of the registration act, 1908 held that an unregistered deed of partition is inadmissible in evidence to prove the partition, but nevertheless can be relied on as proof of division .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-2003
Reported in : 2004(1)ALD(Cri)506; 2004CriLJ1634
..... a sentence of imprisonment of either description for a term which may be less than five years, but which shall not be less than two years.' section 3(1)(xi) of the sc and st act reads as follows :'3. punishment for offences of atrocities(1) whoever, not being a member of a scheduled caste or scheduled tribe,(xi) assaults or uses ..... description for a term which may be less than five years, but which shall not be less than two years.'7. whereas, the penal provision under section 3(1)(xi) of the sc and st act makes the offence punishable upto 5 years and with fine, and the minimum punishment being 6 months.8. hence, these aspects have to be kept in ..... , ipc to undergo r.i. for 5 years and also imposition of fine of rs. 100/-is set aside. the conviction and sentence imposed under section 3(1)(xi) of sc and st act to undergo s.i. for 6 months along with imposition of sentence of fine of rs. 100/-is confirmed. the period of custody is ordered to be given .....
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