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 : Jan-30-1973
Reported in : [1974]33STC444(AP)
..... is carried on or undertaken with a profit-motive or not and whether or not any gain or profit accrued therefrom. under sub-clause (ii) of section 2 (bbb) of the act, any transaction in connection with, or incidental or ancillary to, such trade, commerce, manufacture, adventure or concern, also amounts to business. this definition would ..... consideration' used in section 2(n) of the act must mean any monetary payment other then payment in the nature of cash or deferred payment. in other words, payment of money by way of bank ..... mr. mahadev that the supply of food by the assessee to its servants amounts to 'sale' as there was 'valuable consideration' within the meaning of section 2(n) of the act and there was profit-motive, cannot be acceded to. valuable consideration cannot be equated to the payment of wages in kind. the expression 'any other valuable .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-17-1973
Reported in : 1973CriLJ1713
..... . in cri. m. p. nos. 11863 of 1971 and 56 of 1972, d/- 24-2-' 1972 (andh pra) and contended that information of past acts alone involving breach of peace is not reasonably sufficient for proceeding under section 107, criminal p. c. in that case the preliminary order was passed by the learned magistrate on 14-8-1971. the order was passed ..... , criminal p. c. in (1967) 2 andh wr 327 : (1968 cri lj 815) (supra). kurnarayya, j. (as he then was) observed that mere acts of violence in the past would not justify action under section 107, criminal p. c. this decision of the learned judge cannot be approved either in law or on authorities which we have discussed supra.8. in all ..... p. c. in y. ramanaiah v. state. (1967) 2 andh wr 327 - (1968 cri lj 815) kumarayya, j. (as he then was) also expressed the view that mere acts of violence in the past would not justify action under section 107, criminal p. c.4. before we proceed to consider this contention it would be appropriate to notice the setting in which .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-06-1973
Reported in : 1975CriLJ468
..... of the detenu in exercise of the powers conferred on him by sub-clause (ii) of clause (a) of sub-section (1) of section, 3 of the maintenance of internal security act. 1971. (hereinafter called the act) read with section 5 thereof. the grounds on which the detention was made were communicated to the detenu on 18-1-1973 who was kept ..... it would clearly be tantamount to denying to the detenu the right and safeguard of making a representation against his detention assured to him not only by section 8 (11 of the act but by clause (51 of article 22 of the constitution. in such a case, the right to make a representation will be nothing but illusory.8. ..... the andhra praja parishad at gudur you instigated the people to trespass into the government offices defying prohibitory orders under section 144 criminal p. c. and hoist 'jai andhra' flags and when they tried to carry out the acts instigated by you they were arrested.(2) on the same day you instigated and you yourself personally led a large .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-1973
Reported in : AIR1973AP387
..... settled: and any defendant not so applying should be deemed to have acquiesced in the institution of the suit. this provision is not found in the new act and in the new sections 22, 23 and 24 which provide for transfer of suits in the new code, no such presumption of submission to the jurisdiction of the court by invoking ..... cannot be said that any cause of action can be said to have arisen at hyderabad within the meaning of second part of explanation ii to section 20.18. section 3(2) of the warehousing corporation act, 1962 states that the head office of the central warehousing corporation shall be at new delhi. the very words ' head office ' must mean that ..... business at its sole or principal office in india or the corporation has its head office at new delhi as enacted in section 3(2) of the warehouseing corporations act, 1962. it has no subordinate office at hyderabad. clause (b) of section 20 c. p. c. also it is contended, would not apply because neither of the two defendants at the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-08-1973
Reported in : AIR1974AP201
..... was no appeal. at that stage, the mortgagee decree-holder discovered that there was a mistake in the survey number. the mortgagee thereupon filed a suit under section 31 of the specific relief act for rectification of the mistake in the suit o. s. 302 of 1919. the said suit was decreed as the mention of survey number 166 was done ..... which a suit is instituted. there is a remedy by way of suit and i find nothing in the provisions of section 152 which confers upon it similar powers as are conferred by section 31, specific relief act. in my view section 152 is for the purpose of correcting errors directly involved in the proceedings themselves and not for correcting errors which are ..... c. in such cases even the documents on the basis of which the suit was filed may be amended either in a suit under section 31 of the specific relief act or in a proper case even by an application under section 152 c. p. c. provided it in a case of misdescription and not one of disputed identity. in such cases if .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-12-1973
Reported in : [1974]33STC192(AP)
..... on the seller or the purchaser) under the sales tax law of the appropriate state if that sale had taken place inside that state.9. by the same amending act section 10 was enacted which reads:exemption from liability to pay tax in certain cases. -- (1) where any sale of goods in the course of inter-state trade or ..... classification is irrational or unreasonable. it cannot also be validly contended that the said classification based on such valid policy has no nexus with the object which section 10 of the act seeks to achieve. it must be remembered that the state has a wide discretion in matters in relation to taxes. the legislature has a wider discretion in ..... decision was that the uncertainty and the conflict of opinion which prevailed were set at rest. the result of the construction placed by the supreme court on section 9 of the act compelled the parliament to more clearly lay down its policy regarding the central sales tax. in order to lay down such policy clearly the central sales tax .....
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 : Mar-19-1973
Reported in : AIR1974AP106
..... arose whether the court could go into the question whether a state of emergency existed justifying the proclamation of the governor general of india under section 72 of the government of india act, 1919. the privy council said.'that raises directly the question who is to be the judge of whether a state of emergency exists. ..... narrated by me would show that there was a complete break down of law and order in a large area of the state and strike by a great section of government employees practically paralysing the government. i have also explained earlier, that those considerations are, without doubt, relevant considerations which may be taken into account ..... a bid to solve the problem announced a five point formula pursuant to which the parliament passed the mulki rules act. apparently sections of people were not satisfied with the solution afforded by the mulki rules act. the agitation continued. the deputy chief minister and ten other ministers resigned from the cabinet. the agitation in the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-26-1973
Reported in : (1974)IILLJ353AP
..... minimum in the grade prescribed by clause 5 of the order and if he had refused to take it an occasion may have arisen for the operation of section 11(2) of the act. it is, therefore, manifest from what is observed that it was a case of breach of 'the statutory regulations and, therefore, their lordships interfered.in calcutta ..... in its service by giving him salary for three months' in lieu of notice under rule 3 a (iv) of the rules made under section 172(2) of the u. p. district board act and the order was challenged on the ground that the board had no power to terminate employment of its servant except under the notification dated march ..... giving an opportunity to explain to the persons who would be affected by such a finding. for the aforesaid reasons, i have no doubt that the section imposes a duty on the government to act judicially in ascertaining the objective and jurisdictional fact, namely, whether the committee is incompetent. it is a necessary condition of such a duty to give an .....
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