Court : Andhra Pradesh
Decided on : Mar-17-2003
Reported in : 2003(5)ALT847
ORDERE. Dharma Rao, J.1. The petitioner herein seeks a declaration that the action of the respondents in disputing about the petitioner's date of birth in the service record after his retirement and not paying the terminal benefits and the Memo No. SE/O/GNT/P and G/JAO/C/ D/No. 416/2001, dated 1-11-2001 as illegal, unjust and arbitrary and for a consequential direction to pay the terminal benefits by following his date of birth as 16-6-1943 for all purposes along with interest.2. The petitioner states that he was appointed as Helper in the respondents-Corporation in the year 1960 and on attaining superannuation he retired from service on 30-6-2001, being his date of birth as 16-6-1943. The petitioner complains that though he retired from service on attaining the superannuation, the 3rd respondent by the impugned proceedings dated 1-11-2001 without paying the terminal benefits communicated to the petitioner that there is discrepancy in the date of birth of the petitioner and that it req...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-13-2003
Reported in : 2003CriLJ4776
..... to the acceptability of the evidence of pw-12 on the ground that he does not fall into the category of witnesses, referred to in explanation to section 47. section 47 of the indian evidence act reads as under :'opinion as to handwriting, when relevant :-- when the court has to form an opinion as to the person by whom any document ..... 11 of 1994, dated 29-4-195. the respondent (accused) was tried for offences under sections 409 and 477-a, i.p.c. and section 13(2) read with section 13(1)(c) and (d) of the prevention of corruption act, 1988 (hereinafter referred to as 'the act'). the trial court discharged the accused on the sole ground that there was no valid sanction ..... it was marked only through pw-12. the mode of proving a document is provided for under sections 45 and 47 of the indian evidence act, 1872. though examination of the author of the document is the best way of proving a document. sections 45 and 47 permit the proof of the documents by examining persons other than the authors or .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-13-2003
Reported in : 2003(4)ALD758; 2003(2)ALT610; (2003)184CTR(AP)596; [2003]262ITR306(AP)
..... 1979 issued by the port trust which inter alia stated that 'the board of trustees of the port of bombay have been advised that under section 171 of the indian contract act, 1872, they have a general lien which they can exercise on the goods which come into their custody of importers, exporters, owners, ..... to be - expenditure in connection with the election incurred or authorised by the candidate'. the supreme court while construing this provision read section 13a and 139(4b) of the income tax act, 1961, which though exempting the income of political parties from house property, other sources or voluntary contributions require them to maintain audited ..... known. in common cause, a registered society v. union of india, : [1996]222itr260(sc) the supreme court interpreted explanation (1) to section 77(1) of the representation of the people act, 1950. the explanation provides that 'any expenditure incurred or authorised in connection with the election of a candidate by a political party - shall .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-13-2003
Reported in : 2003(2)ALD665; 2003(3)ALT247
..... (1961)iillj77sc , the supreme court was concerned with the question whether the 'salt works' come within the definition of the word 'factory' under clause (m) of section 2 of the factories act, 1948. the question was as to whether the salt works covering an area of about two hundred and fifty acres is to be treated as a factory within ..... the meaning of clause (m) of section 2 of the factories act, 1948. on the entire land, the only buildings consist of temporary shelters constructed for the resident labour and for an office. the question that had ..... product from that of the bulk gas purchased by the petitioner. we are unable to persuade ourselves to accept the submission. the distribution order issued under section 3 of the essential commodities act, 1955, in no manner, deals with the manufacture of lpg. the very purpose of the distribution order is to regulate the supply and distribution of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-13-2003
Reported in : 2003(3)ALD31; 2003(3)ALT755
ORDERR. Subhash Reddy, J.1. This Writ Petition is filed seeking Writ of Certiorari to quash the proceedings in Memo No. CE/ENQ/DM.V/ 332-01/90-14, dated 25-7-1997 passed by the second respondent, i.e., Member Secretary, AP Electricity Board (presently A.P. TRANSCO) and sought for consequential direction to grant seniority, promotion and other benefits.2. The impugned order dated 25-7-1997 was passed by the appellate authority on the appeal filed by the petitioner herein, modifying the punishment from removal to that of reduction by 30 ranks in the seniority list of Assistant Engineers (Electrical). Few necessary facts for disposal of the Writ Petition are as under:3. The second respondent has initiated departmental action against the petitioner herein, who was working as Assistant Engineer, initially appointing one Mr. S. Prabhakaran, Divisional Engineer, Technical, as Enquiry Officer to enquire into the allegations of misbehaviour and abuse of the officials and other lapses/irregulari...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-13-2003
Reported in : 2003(3)ALD545; 2003(4)ALT450
..... an industrial dispute in i.d.no. 22 of 1997 before the labour court-i, hyderabad. 3. before the labour court, the petitioner filed an application under section 2-a(2) of the industrial disputes act, 1947 and the management - 2nd respondent herein - filed a detailed counter- affidavit. on the basis of the pleadings of both the parties, the labour court framed ..... is a firmly established principle that justice should not only be done, but should seem to be done and justice can never be seem to be done, if a man acts as a judge in his own cause and he is himself interested in its outcome. this principle of natural justice also equally applies to the exercise of quasi-judicial powers .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-13-2003
Reported in : [2004]136STC100(AP)
..... (1961)iillj77sc , the supreme court was concerned with the question whether the 'salt works' come within the definition of the word 'factory' under clause (m) of section 2 of the factories act, 1948. the question was as to whether the salt works covering an area of about two hundred and fifty acres is to be treated as a factory within ..... the meaning of clause (m) of section 2 of the factories act, 1948. on the entire land, the only buildings consist of temporary shelters constructed for the resident labour and for an office. the question that had ..... product from that of the bulk gas purchased by the petitioner. we are unable to persuade ourselves to accept the submission. the distribution order issued under section 3 of the essential commodities act, 1955, in no manner, deals with the manufacture of lpg. the very purpose of the distribution order is to regulate the supply and distribution of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-12-2003
Reported in : 2003(3)ALD36
..... in ttcs group, khammam v. prohibition & excise superintendent, : 2001(6)ald309 (db), held that the state is not totally prohibited from initiating action under section 31 of the act on the strength of the report from its internal analyst. it is a different matter whether a prosecution could successfully be launched against the licensee in such a ..... of this court in a judgment reported in state bank of hyderabad v. advath sakru, 1994 (2) aplj 1 (hc) held that the power under section 31 of the act not only enable the state to suspend the licences as a measure of punishment, but also as an interim measure pending further enquiry into the allegations of ..... adulterated toddy is injurious and dangerous to the health of the consumers. the 2nd respondent, therefore, in exercise of the powers conferred under section 31 (1)(b) of the a.p. excise act, 1968, passed orders keeping the licence of each of the petitioners herein under suspension pending further enquiry into the matter. challenging the said .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-12-2003
Reported in : [2004]137STC47(AP)
..... learned special government pleader for taxes appearing on behalf of the respondents.7. it is true, under the scheme of the a.p. general sales tax act, 1957, section 20 provides sufficient power to the commissioner of commercial taxes to revise any assessment made suo motu by calling for and examine the record of any order ..... to the interests of revenue, then only interference is required, otherwise no interference is required. these are the facets of the provisions contemplated under section 20(1) of the act. therefore, it cannot be construed to say that first of all the commissioner shall satisfy that the order passed by the subordinate authority is prejudicial ..... is prejudicial to the interests of revenue, could set aside the said order. in this case what has been done is while exercising power under section 20(1) of the act, the commissioner, after verifying the orders satisfied himself that the order passed by the appellate deputy commissioner is not prejudicial to the interests of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-12-2003
Reported in : 2003(3)ALT330
..... the commissioner i.e. by effecting sale of more than 50% of the wheat products for the month of march 1985 . therefore, the proceedings were initiated under section 6-a of the essential commodities act, 1955, and the authority after conducting the enquiry after giving the petitioner an opportunity of being heard, and having satisfied that there was contravention of the conditions ..... seized various quantities of wheat products alleging certain contraventions of the andhra pradesh scheduled commodities dealers (licencing and distribution) order, 1982. in pursuance of the complaint, the 2nd respondent initiated section 6-a proceedings. the 2nd respondent after hearing both sides, passed an order holding contravention of clause (3) of the control order 1957 and also the instructions of the commissioner .....
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