Court : Andhra Pradesh
Decided on : Feb-01-1989
Reported in : [1990]76STC390(AP)
..... the rule of unjust enrichment as adumbrated in this court's judgment in ramaiah v. state air 1986 ap 361, which rule is also incorporated in section 33-bb of the andhra pradesh general sales tax act. in this view of the matter, we modify the order of the tribunal in the following manner : 'the assessing authority will issue notice to the ..... court on 13th december, 1982, affirming the tribunal's view does not provide a fresh cause of action, he submits, and, therefore, it cannot be said that the deputy commissioner acted arbitrarily or perversely in refusing to exercise the discretionary power of revision. he also submits that the tribunal was in error in not dealing with this aspect and straightway entering .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-02-1989
Reported in : (1989)IILLJ76AP
..... necessary scan through the oral and documentary evidence adduced in this case in order to determine whether the employee comes with definition of 'workman' as defined under section 2(5) of the act. 14. the learned subordinate judge on consideration of the oral and documentary evidence has come to the conclusion that the termination of service under ex. a ..... to the employee to once again invoke the jurisdiction of the labour court by means of an industrial dispute claiming to be a workman as defined under section 2(5) of the act and seeking the same relief of reinstatement with backwages. 10. it is useful to refer at this stage to the decision of rajagopala ayyangar, j. ..... the dispute as i.d. no. 11 of 1987. the company opposed the industrial dispute alleging that the employee is not a workman within meaning of section 2(5) of the act; that he was part and parcel of managerial and supervisory staff of the company; that he was only guiding, instructing and controlling the technical and non- .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-1989
Reported in : 1990CriLJ299
..... thereby, the first respondent committed willful disobedience of the orders of this court, liable to punishment under s. 12 of the contempt of courts act (act 70 of 1971), for short, 'the act'. when the contempt case came up for admission on january 17, 1989, the counsel was absent. it was adjourned to next day. even on ..... entertaining a contempt application is a step in the process of adjudicating whether the contemmnor has committed the offence of civil or criminal contempt punishable under the act undermining the dignity of justice. power to punish the contemner for contempt of itself which is inherent in the court of record includes power to dismiss the ..... of inherent power would be to elongate the constitutional purpose viz., in an appropriate case, to exercise the inherent power inconsistent with the provisions of the act an the rules to do substantial justice or to prevent miscarriage of justice. as stated earlier, the rules of procedure are only handmaid to render substantial justice .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-10-1989
Reported in : AIR1990AP90
..... appellant is the claimant. land in an extent of ac. 2.52 cents of jammalamadugu village was acquired by publishing a notification under s. 4(1) of the land acquisition act, act i of 1894 in the district gazette dt. feb. 17, 1976 for a public purpose, viz., providing house, sites to the poor. the land acquisition officer determined the market ..... the amount under protest, he is entitled under law to lay an application for reference under s. 18(1) to the civil court within the limitation prescribed under the act. in case he receives the amount without protest and makes an application for reference, then it is open to the land acquisition officer either to make or refuse to make ..... civil court refused to revise the market value on the ground that the appellant had not laid his claim pursuant to the notices under ss. 9 and 10 of the act. therefore, it passed a 'nil' award. against this award, this appeal has been filed.2. the contention of sri ashok, the learned counsel for the appellant is that .....
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 : Feb-21-1989
Reported in : (1994)IIILLJ1141AP
..... view that when there are many questions of fact to be considered in a particular case and when there is a regular remedy provided under the industrial disputes act, the petitioners are not entitled to invoke the jurisdiction under article 226 of the constitution of india. it cannot be overlooked that the petitioners have an efficacious ..... of facts arising in these cases the proper remedy available to the petitioners seems to be to raise an industrial dispute under the provisions of the industrial disputes act. it is evident at a glance at the record of the case that the whole matter in these writ petitions bristles with questions of fact. for instance, ..... company's standing orders. it is next contended that in any case the petitioners have an efficacious alternative remedy to raise an industrial dispute under the industrial disputes act. it need not be mentioned at any great length here that the other charges of bias against the members of the enquiry committee and lack of jurisdiction in .....
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 : Mar-07-1989
Reported in : AIR1989AP295
..... wireless receiving apparatus rules, 1965 and the indian wireless telegraphy (possession) rules, 1965 which rules are made respectively under section 7 of the telegraph act, 1885 and section 10 of the wirless telegraphy act, 1933. these were commercial licences as distinguished from domestic licences. the question was whether by showing prerecorded cassette programmes ..... said rules.6. it becomes necessary to refer to the relevant statutory provisions and the rules under different headings.i. indian telegraph act, 1885 :7. section 3(1) of the indian telegraph act, 1885 (as amended in 1984) defines 'telegraph' as follows:'3 (1) 'telegraph means telephone or any other instrument appliance ..... cable system, they all require licenses in form e if they are not dealers and in form 'c' if they are dealers, under section 4 of the indian telegraphs act, 1885 read with the indian wireless telegraphy (possession) rules, 1965 and (in case of dealers) read with the commercial broadcast receiver licensing .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-09-1989
Reported in : 1990ACJ547; [1991]72CompCas206(AP)
..... of the allahabad high court, speaking through h. n. seth j., has held that 'the tribunal while determining the amount payable under section 110c, in view of the provision contained in section 95(2) of the act, presumed that the insurance company must have in any case covered the risk up to the statutory limit mentioned therein and in the absence ..... attempt was made by the respondents (claimants) to have the policy filed in the court below. therefore, by operation of the provisions of section 95 of the motor vehicles act, 1939 (4 of 1939) (for short 'the act'), the liability of the appellant should be limited to rs. 50,000. the court below has committed a grievous error in awarding a ..... to the tribunal. in the absence of the insurance policy and without perusing the same, the tribunal could not fix any liability higher than that mentioned in section 95 of the act.' that was a case where the insurance company has specifically pleaded that its liability is only to the extent mentioned under .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-09-1989
Reported in : AIR1990AP144
..... h, n. seth, j. had held that 'the tribunal while determining the amount payable under section 110-c in view of the provision contained in section 95(2) of the act presumed that the insurance company must have in any case covered the risk upto the statutory limit ..... perusing the same the tribunal coutd not fix any liability higher then that mentioned in section 95 of the act.' that was a case where the insurance company has specifically pleaded that its liability is only to the extent mentioned under ..... section 95(2) and therefore the division bench has held that, if any liability in excess thereof ..... for the insurance company to fill up the relevant columns pleading exlent of its liability and in its absence, the limitation prescribed under section 95(2) cannot be applied and the en tire liability has to be borne out by the insurance company. in view of .....
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