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 : Dec-31-1973
Reported in : AIR1975AP91
..... underlining ours) the learned judges further held that:--'. ... in deciding a case involving the question of the applicability or otherwise of the section (section 2(15) and section 6 and schedule i, aritlce 45 of the stamp act) the test is not whether originally the right of each of the parties was recognised to a part of the property but the ..... co-owner to divide the suit properties, a compromise decree passed under these circumstances does not amount to an instrument of partition within the meaning of section 2(15) of the act. the genesis or the claim to partition the properties owned jointly must be co-ownersnip. where the claim for partition on the basis of co-ownership ..... love and affection, or due to some other cause or consideration the compromise decree cannot be termed to be an instrument of partition within the meaning of section 2(15) of the act....'this decision appears to run counter to the decisions of the madras high court in (1889) ilr 12 mad 198 (fb) and air 1934 mad204; .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-06-1973
Reported in : (1977)IILLJ227AP
..... the allegations in the petition and urging that the employees in the sales-depot at vijayawada come within the amended definition in sub-section (9) of section 2 of the act, as per act xliv of 1966. according to the amended definition any person employed for wages on any work of or connected with the administration of ..... sales depot of the petitioner carry on the work of distribution and sale of the products of the petitioner, which is covered under the act. under section 2(9) of the act there are no geographical limits within which the employees can be employed. they may work in the factory' or establishment or elsewhere. the appellant ..... : the respondents before us m/s krishna bottlers private ltd., represented by its managing director, lieutenant col. sanjeeva rao, kavadiguda, secunderabad, filed an application under section 75 of the act making the following averments:3. the petitioner bottles and sells soft $ called 'coca cola' and 'fanta' in $ state of andhra pradesh. their factory is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-05-1973
Reported in : (1974)IILLJ419AP
..... entitled to the facility of thirty days' earned leave with wages and those who were appointed subsequent to 1st july, 1956 were governed by section 79 of the indian factories act. that altered the position of those who were appointed after 1st july, 1956 for under the statute they were only entitled to the ..... ms. no. 287, dated 1st may, 1972. these proceedings were issued by the electricity board in exercise of the powers conferred upon it under section 79 of the electricity (supply) act, 1948. under these regulations, all those who were temporarily employed were to be called 'emergency employees.' all of them were entitled to have their ..... is difficult to determine whether the respondent-electricity board comes or not within the meaning of the expression 'industrial establishment' as defined in section 2(ii)(g) of the payment of wages act, 1936. the discussion, therefore. has to proceed on the basis, assuming that the respondent-electricity board is an industrial establishment, whether .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-22-1973
Reported in : [1977]106ITR333(AP)
..... of the sale deed, it could not legitimately be inferred that the transfer was effected with the object of avoidance or reducing the liability of the assessee under section 45 of the act. we are unable to accept this contention. apart from the fact that there was gross under-valuation of the property at the time the sale deed was executed ..... shall be deemed to be a gift made by the transferor.'18. although thus the transaction under consideration was a simple sale, for purposes of the gift-tax act, in view of section 4(1), the difference was deemed to be a gift made by the transferor because there was difference of rs. 34,000 between the consideration mentioned in the ..... a revised return of income-tax on february 10, 1967, for the assessment year 1964-65. he included therein an amount of capital gains liable to tax under section 45 of the income-tax act to the extent of rs. 15,958 and after deducting an initial exemption of rs. 5,000, rs. 10,958 was disclosed as taxable income. this .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-16-1973
Reported in : AIR1974AP83
..... though it is a revision. such a case therefore need not be posted before the full bench. it may be that a case of revision although preferred under section 61(1) of the act was heard in referred case no. 4 of 1891 in (1892) ilr 15 mad 259 (fb) and firm shyam lal bidhi chand v. mukundlal , (air 1942 all 147 ..... loan or debt. he therefore expressed the opinion that the document creates a right over specific property falling under the definition of 'mortgage deed' as defined by section 2(17) of the indian stamps act. he therefore opined that the document requires a stamp duty of rs. 360/- under article 35 (a) read with art. 20 of schedule 1-a of the ..... ekbote, c.j.1. we have before us the matter of clarification sought by the office as to before whom the revision filed under section 61(1) of the stamp act should be placed for hearing.2. the facts in brief are that sri bhagat ram undertook to construct a house at himyatnagar on behalf of sri p.v. narayana for .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-11-1973
Reported in : AIR1975AP138
..... general law relating to arbitration there is no appeal against an award. the power to provide for an appeal by a rule must, therefore, flow from section 30 of the act, section 30 first confers a general power to make rules and then enumerates, as illustrative of the general power, certain, topics on which rules in particular may ..... may delegate some of its powers and functions to any authority or person, there is no provision on this line in chapter iv-a of the act section 12 of the corporations. act, however, empowers the corporation by resolution passed at a meeting to appoint committees of its members for performing such functions as may be specified in the ..... being exercised by anyone other than the authority to which it is entrusted by the parliament. much therefore depends upon the construction of section 68-c of the act and section 12 of the corporations act that alone would provide an answer as to whether the delegate i. e. the routes committee is within the statutory description of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-09-1973
Reported in : AIR1974AP271
..... created for the maintenance or the personal enjoyment of the grantee, ought to be made not only in alienable but unattachable.5. section 6(dd) of the transfer of property act accordingly states that 'a right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred.' that provision ..... is also based on the same principle as stated above. even for purposes of that provision a right to arrears of maintenance has been considered not to fall within the purview of the said clause .6. under section ..... ) 2 andh wr 388 held ,'the prohibition against attachment of a right to future maintenance is based on grounds of public policy. the interdiction under section 60(n), civil procedure code, being absolute to allow the government to reach the fund by means of the appointment of a receiver would be to circumvent the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-12-1973
Reported in : (1974)IILLJ279AP
..... must have service of not less than eight years in all including a minimum service of two years in the commercial taxes department or in any of the commercial taxes sections of the office of the board of revenue or in the office of the sales tax appellate tribunal.18. the tests period provided for these two types are different. both ..... given situation, whether the legislative action is clearly unreasonable. the court cannot require the legislature to specify its reasons for the classification, but they will always presume that the legislature acted on legitimate grounds of distinction, if any such grounds exist. where there is a reasonable and practical ground of classification for legislative regulations, the classification should be sustained, even though .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-28-1973
Reported in : 1974CriLJ387
..... shall' not prevent the infliction of any punishment to which the person affected thereby is liable under the act. section 7 provides for penalties for the contravention of an order under section 3 of the act. section 7(b) empowers the criminal court to forfeit to the government any property in respect of which the ..... commodities in the interest of the general public. the commodities which were intended to be brought within the purview of the act were essential commodities as defined in section 2(a) of the act. section 3 empowers the central government to make orders providing for the control of production, supply and distribution of essential commodities, ..... on movement) order, 1970. the circle inspector of police registered the case as cri. no. 18 of 1973 of ramachandrapuram police station under section 7 of the act. the same day the seized stock was produced before the additional judicial first class magistrate, ramachandrapuram. the circle inspector in his report requested the .....
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