Court : Andhra Pradesh
Decided on : Jul-11-2003
Reported in : AIR2003AP471; 2004(4)ALD392; 2003(6)ALT517
..... reaches identified in major rivers where the sand is lifted and carried by means of boats, the registered boatsmen co-op. society registered under the andhra pradesh co-operative societies act, 1964 shall be given preference by allowing 10% concession on the highest bid/tendered amount offered in the auction hall. the concessional knocked amount be paid by the successful registered ..... orderl. narasimha reddy, j.1. the petitioner is a boatsmen labour contract co-operative society, having been registered under the a. p. co-operative societies act. the district level committee on sand auctions, guntur, the 2nd respondent herein had proposed to auction the leasehold rights for lifting of sand in sand bearing areas between km 59. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-24-2003
Reported in : 2003(3)ALD473; 2003(2)ALT450
..... liability on the petitioner and in case the petitioner is found guilty of more than the initially assessed amount, he could be surcharged under sub-section (1) of section 60 of the act or he shall be subjected to other consequential proceedings like civil, criminal and departmental etc.15. it is needless to mention that if the ..... surcharge proceedings is taken, the enquiry thereof should be akin to civil court enquiry, as the civil court's decision is barred expressly in view of section 121 of the act. the view of the learned single judge has been approved by a division bench of this court in sanyasinaidu v. dy. registrar of cooperative societies, ..... in the present circumstances, is one and the same and the process would not stop there and the consequential procedure has to be followed, by invoking section 60 of the act for fixing the liability, in case the incumbent is found guilty.9. the learned counsel appearing for the respondents submitted that since the petitioner had voluntarily .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-25-2003
Reported in : 2003(4)ALD838; 2004(1)ALT470
..... v. niranjan, 2003 air scw 1539, interpreted the expression 'for occupation by himself.' that was a case again emanating from bombay rents, hotel and lodging house rates control act, 1947. section 13(1)(g) thereof enables the landlord to seek eviction on the ground of bonafide requirement. in para 8 of its judgment, the apex court held thus: 'this ..... brings us to the legal question about the meaning to be given to the word 'himself used in sub-section (g) of section 13(1) of the act. normally, the rent legislations are meant for the benefit of the tenants but the rent statutes contain exceptions in favour of the landlord which give him ..... being that the requirement of the son is not the requirement of the petitioner and it shall be the petitioner's requirement as enjoined under section 10(3)(a)(i) of the rent control act, the subsequent development that the father and the son do not belong to a joint family is quite inconsistent with the original plea taken .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-18-2003
Reported in : 2003(5)ALD32; 2003(5)ALT38
..... and 28 of the a.p. excise act, 1968 and in supersession of all rules on the subject, framed rules known as a.p. indian liquor and ..... about the fact that the commissioner appointed by the government under section 3 of the a.p. excise act, 1968 is the chief controlling authority in all matters connected with the administration of the act and is competent to exercise all the powers of the collector under the act and shall have total control over the administration of the ..... prohibition and excise department. the government in exercise of the powers conferred upon them by section 72 read with sections 9, 11, 12, 13, 14, 15 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-21-2003
Reported in : 2003(4)ALD173; 2003(4)ALT802
..... jurisdiction to go into the disputed questions of fact and to quash an interlocutory order even though some sort of alternative remedy exists under section 154 of the act. section 154 of the act inter alia enables the state government to call for and examine the record of any inquiry or the proceedings of any other matter of ..... , assistant commissioner etc. cannot be directly preferred to it and that such party has to first approach the commissioner before approaching the government. sub-section (3) of section 83 of the act says not only the party must approach the commissioner but that the commissioner must also have disposed of the 'matter'. there are no reasons to ..... altogether a new schedule is sought to be made as annexure by substitution. such a type of amendment is not permissible and defeats the object of section 83 of the act. subsequent encroachments of altogether different land gives rise to a separate cause of action depending on its own facts. but, it cannot be permitted by way .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-25-2003
Reported in : 2003(4)ALD609; 2003(6)ALT390
..... idea of establishing andhra pradesh state irrigation development corporation. with that idea in view, the corporation was incorporated as a government company under the provisions of section 617 of the companies act, 1956, in the year 1974. the corporation, which is a state level public enterprise (slpe), is wholly owned by the government of andhra pradesh ..... surplus employees, has adopted the principle of 'last come first go' in each category uniformly, which is in consonance with the provisions of section 25-g of the industrial disputes act, 1947. he submits that unless the procedure adopted by the corporation, in the identification of surplus employees is held to be unreasonable, no ..... counsel for the petitioners that the corporation before declaring the petitioners as surplus, ought to have prepared seniority list, as is envisaged in section 25-g of the id act and rule 79 of the id rules, with reference to the category in which they were initially appointed and not with reference to the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : May-02-2003
Reported in : 2003(4)ALD405; 2003(5)ALT408
..... the practice directions issued by the commission, it is seen that the impugned order was purported to have been given in exercise of its powers under section 21 of the reforms act. section 21 is extracted hereunder: '21. restrictions on licensees and generating companies :--(1) no licensee or generating company shall at any time, without the ..... the transco dated 23.9.1999 to acquire jurisdiction issued practice directions dated 8.10.1999 in exercise of the powers conferred on it by section 21 and section 54 of the reforms act. under clause-1 (a) the existing captive power units installed by the industrial establishments, as standby units will be renewed as standby units ..... .11.1995 in conformity with the d.o. letter of secretary, ministry of power. (4) whether the impugned order falls under section 26 of the reforms act: 39. under section 26 of the reforms act every licensee has to submit to the commission in a format, at least, three months before the ensuing financial year, full details to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-10-2003
Reported in : 2003(6)ALD299; 2003(5)ALT705
..... and rejected.' the commissioner of police in exercise of the power conferred upon him under clauses (f), (g) and (h) of sub-section (1) of section 21 of the hyderabad city police act, 1348 fasli promulgated the rules with the assent of h.e.h. the nizam's government known as 'the rules relating to places of public ..... to the public street, by persons other than government or municipal officers authorised in this behalf, (iv) the carrying through public streets or public places gunpowder or other explosive substances, (v) blasting, (g) regulating the entrance or exit at any place of public amusement or place of public entertainment or at any meeting or public ..... theatre, music and dancing hall, billiard room, gymnasium or any other place allotted for such purpose'. 'public place of entertainment' is also defined in section 3 (h) of the police act, which reads; 'public place of entertainment' means any enclosed or open place to which the public have access and where any kind of articles of food .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-22-2003
Reported in : [2005]139STC348(AP)
..... the benefit under the g.o., especially so when the ordinary drinking water is brought under item no. 12 of the fourth schedule to the andhra pradesh general sales tax act, 1957, which is totally exempted from payment of tax whereas aerated and mineral water are brought under item no. 21 of the sixth schedule and taxed at 12 per cent ..... in the g.o. ms. no. 108 dated may 20, 1996 and that the ordinary water is mentioned at item no. 12 of the fourth schedule under the sales tax act and the same is distinct from the mineral water which is mentioned at item no. 21 of the sixth schedule to the ..... act. the ordinary water mentioned under item no. 12 is exempted from the tax, whereas the water mentioned at item no. 21 of the sixth schedule is liable to be taxed .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-05-2003
Reported in : [2004]138STC517(AP)
..... under the scheme of the act when any order is passed, as provided under section 19 of the act, the petitioner has a remedy by way of any appeal before the appropriate authority and having not exhausted that remedy the petitioner could not approach ..... , 2001 has passed the order impugned, with the result the petitioner is under obligation to pay an amount of rs. 77,086 towards tax under a.p. general sales tax act, 1957 which according to the learned counsel is incorrect and therefore, seeks appropriate direction.4. on the contrary the learned special government pleader for taxes for the respondent submitted that .....
Tag this Judgment!