Court : Andhra Pradesh
Decided on : Aug-25-2006
Reported in : (2007)8VST252(AP)
..... by the tribunal. the revision is filed accordingly.4. before the revision is considered, it would be appropriate to have a look at section 22 of the sales tax act. section 22 of the act prescribes that a dealer or the authority prescribed may prefer a revision against the order on the ground that the appellate tribunal either decided the ..... substantiated.5. the petitioner has, however, relied on a judgment of the supreme court reported in deputy commissioner of agricultural income-tax and sales tax, ernakulam v. indian explosives ltd. [1985] 60 stc 310. the facts in this case were altogether different. the supreme court noted:it was not disputed that goods were imported by the respondent ..... to various members of association had to be decided after the import.7. going by the judgment of the supreme court and also the mandate of section 22 of the sales tax act, we are of the view that no substantial questions of law are involved in these revisions. we are also of the view that the tribunal .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-27-2006
Reported in : 2007(2)ALD265
..... their workmen, servants, agents and customers and for the passage of lorries, carts and all other vehicles. the lessees shall have to take all precautionary measures against explosion of fire or other accident and they shall comply with all regulations as imposed by public authorities in that behalf. it is pertinent to note that as per clause ..... chief judge, city small causes court at hyderabad, which was also dismissed on 30th july, 2001. against which, the present civil revision petition is filed under section 22 of the act.6. the only question that arises for consideration is as to whether the respondent leased out the open land in favour of the petitioner-company for getting ..... years, but no such option was exercised after an expiry of 20 years and the lease has already expired and therefore, termination notice was issued under section 106 of the transfer of property act, and a notice for eviction is also pending in o.s. no. 1660 of 1996, on the file of v additional judge, city civil .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-16-2006
Reported in : 2007(1)ALD628; 2007(1)ALT398
..... sale deeds on 17-6-1997. the company got the plans prepared as per the rules framed under the relevant enactments like petrolium act, explosives act, the municipal corporation act etc., and the company submitted an application dated 22-11-1996 along with the plans to the collector, guntur for granting 'no ..... installed an underground tank of 22,000 litres capacity of petrol and installed the petrol dispensing pump. the company also obtained licence under the explosives act on 18-11-1997 and the petitioner also obtained registered certificate from commercial tax department and central sales tax. it is further stated that ..... the municipal corporation, guntur, revenue divisional officer, mandal revenue officer, superintendent of police, district forest officer, district medical and health officer and chief controller explosives etc., to inspect and send their reports regarding desirability of granting 'no objection certificate' and that the said authorities inspected the site and sent reports .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-24-2006
Reported in : 2008ACJ932; 2007(3)ALD740; 2007(4)ALT642; [2007(114)FLR665]
..... caused by the proclainer when it hit an explosives dump, when the deceased admittedly was not in the proclainer at the time of the accident he would be a third party vis ..... act has no jurisdiction to make the appellant liable to pay compensation to respondents 1 and 2.8. i find considerable force in the contention of learned counsel for the appellant. though, the accident involving the deceased occurred out of and during the course of his employment with the third respondent, as the result of an explosion ..... --vis the proclainer. the policy issued by the appellant to the third respondent covers the risk of the driver, cleaner and non fare paying passengers only. so the appellant is answerable to any claims made under the act .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-03-2006
Reported in : 2006(1)ALD705; 2006(2)ALT115
..... the supreme court as ultra vires with the constitution of india. in pannalal bansilal v. state of a.p., : [1996]1scr603 , the supreme court upheld the act including section 16, which abolished hereditary trusteeship. the supreme court also observed that the founder or members of the founder's family may be nominated as trustees and made chairpersons of ..... of respondents 3 to 5 for being declared them as members of the founder's family. they would urge that after abolition of hereditary trusteeship by reason of section 16 of act no. 30 of 1987, the petitioner cannot claim any hereditary rights. the petitioner's claim if any was never considered nor the petitioner was declared as ..... person is founder or a member of the founder's family of a religious institution, having regard to the explanation i and explanation ii to sub-section (1) of section 17 of the act, it is the government which has to recognise the person as member of the founder's family. nextly, he would urge that in the earlier .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-03-2006
Reported in : 2006(3)ALD49; 2006(2)ALT573; [2006(110)FLR309]; (2006)IIILLJ303AP
..... the instant applications were maintainable, accords with settled principles of law.18. on the question of limitation, the labour court undertook extensivediscussion. section 33-c(2) of the act prescribes time within which the application made by workman has to be disposed of, and it does not prescribe any limitation, within which the ..... appearing for the petitioners, submits that the labour court entertained several claims, which were clearly barred by law and totally outside the scope of section 33-c(2) of the act. he contends that there was no justification for the labour court, in entertaining the claims of some of the employees, who retired, before ..... the industrial tribunal-cum-labour court, warangal. through the order under challenge, the labour court disposed of 21 applications filed under section 33-c(2) of the industrial disputes act (for short 'the act'). in each of such applications, 32 individuals, claiming to be the former employees of the ajam jahi mills limited, warangal, the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-03-2006
Reported in : 2006(6)ALT515
..... be transferred to the appellate board. the learned counsel also had taken this court through the language of section 64, section 117c, section 117d, section 117g, section 116 of the act and had explained the scope and ambit of the act and also would maintain that the intellectual property appellate board at chennai alone would have jurisdiction at present ..... in this regard. while elaborating his further submissions the procedure for revocation had been well explained and the counsel also would further contend that section 64 of the act does not contemplate interim suspension and when the main relief which had been prayed for and the interim relief which had been prayed for virtually ..... are concerned the same had not been notified. even otherwise, the learned counsel would contend that in the light of the clear language of section 117g of the act, it is highly doubtful whether matters of this nature can be transferred at all to the said appellate board. the learned counsel placed reliance .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-03-2006
Reported in : 2006(3)ALD411
..... of late, this court has come across many such orders delivered by the learned senior civil judges and learned district judges, while exercising appellate jurisdiction under section 96 read with order xli of cpc or under order xliii of cpc. to say the least, the known principles to be followed while exercising the appellate ..... facts and circumstances of each case; (ii) discuss the entire oral and documentary evidence in a brief manner having regard to the settled principles under the evidence act, 1872 (iii) formulate appropriate points for consideration and (iv) take up each point separately and record its findings giving as many reasons as possible in support ..... of conclusions. merely framing one point for consideration and dealing with the matter in a laconic manner is objectionable and while exercising jurisdiction under section 100 of cpc by this court, such approach by the lower appellate courts would certainly cause anxiety to the high court.12. as noticed supra, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-03-2006
Reported in : 2006(1)ALD700; [2006(109)FLR65]
..... under suspension, by the second respondent, vide proceedings dated 23.2.1993, on the allegation of misappropriation of the funds belonging to the bank. prosecution was launched against him, under sections 409, 417 and 201 of i.p.c., in c.c.no. 133 of 1994, on the file of the judicial magistrate of first class, deverakonda, nalgonda district. simultaneously, departmental .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-04-2006
Reported in : 2006(1)ALD854
..... limited to those, where the authority, who issued the show-cause notice, does not have the jurisdiction, or where the prescribed procedure is not followed. section 5 of the act prescribes the procedure for cancellation of the caste certificates and the further procedure is prescribed under the rules. whenever the district collector entertains a doubt by himself ..... .4. learned government pleader for social welfare, submits that the impugned show-cause notice is issued only after conducting an enquiry as provided for under section 5 of the act and the relevant rules and that no exception can be taken to it.5. it is in rare circumstances that this court would interfere with the ..... had emerged that a district level committee conducted an enquiry and submitted its report, it can be said that there was compliance with the provisions of the act and rules. it is a different thing that the petitioner had an objection as to the findings recorded by the second respondent.7. the petitioner complains that .....
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