Court : Andhra Pradesh
Decided on : Nov-15-2006
Reported in : (2009)20VST737(AP)
..... by consuming industries, rubber products were manufactured to the specifications of clients and despatched directly to client industries. this amounts to inter-state sales taxable under section 3(a) to cst act, 1956.3. after considering the objections filed on behalf of the petitioner, respondent no. 2 passed a detailed order dated march 21, 2006, whereby ..... he declared that the exemption granted to the petitioner under section 6a of the central act is not only irregular, but unlawful. accordingly, he set aside the order of assessment and held that the turnover of rs. 2,08,93,930 ..... notice dated august 29, 2005 and order dated march 21, 2006 shows that respondent no. 3 invoked the revisional power vested in him under section 9(2) of the central act because he felt prima facie convinced that the assessing authority had committed a jurisdictional error by treating the inter-state sales as stock transfers. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-15-2006
Reported in : 2007CriLJ1112
..... procedural provision meant to speed up the process of investigation on the basis of which the prosecution has to be launched. no doubt, sub-section (2) of section 13 of the act confers valuable right on the accused under which provision the accused can make an application to the court within a period of 10 days from ..... the analyst report within time, the petitioner would have got a different opinion, thereby it was denied the opportunity of availing the statutory right provided under section 13(2) of the act. therefore, the prosecution is, accordingly, quashed against a-3-manufacturer of the mahan ready mix instant milk powder.6. the learned counsel for the ..... the second sample to the central food laboratory for analysis. on account of the delay caused in launching the prosecution, a valuable right guaranteed under section 13(2) of the act has been denied causing prejudice to the petitioner, therefore, the prosecution cannot be maintained and it is liable to be quashed. he further submitted .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-14-2006
Reported in : 2007(2)ALD213
..... the tenants did not prefer any revisions.the learned counsel appearing for the respective parties submit that the fate of the civil revision petitions filed under section 22 of the act depends upon the declaration of title of the landlords to be decided in the appeal suit.(c) admittedly, the vendors of the landlords inducted the ..... trusteeship as it involves obligation to account and discretionary power as to its administration. the acceptance is necessary for creation of trust, as required under section 10 of the trusts act. thus, it is stated that baba mohiuddin and his brother maqdoom mohiuddin always enjoyed the said property as their own but not as trustees.26. ..... of their petitions, the tenants preferred respective appeals in ordering eviction on the aforesaid grounds and in refusing the permission to deposit the rents under section 9 of the act and all the appeals have been dismissed upholding the eviction orders passed by the rent controller.51. as i have held that the suit filed by .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-14-2006
Reported in : 2007(2)ALD77
..... exemption as there was total ban on slaughter of healthy cows and other animals mentioned in schedule under section 2 of slaughter control act. inter alia, it was also urged before the high court that the petitioners, who challenged the notification, were more concerned by hindu religious ..... notification permitting slaughter of cows on the occasion of bakri-idd was challenged. the government of west bengal issued said notification under section 12 of w.b. animal slaughter control act, 1950 (slaughter control act). the high court of calcutta allowed the writ petition on the holding that the government had no power to grant such ..... but a general cause to project. consequently, they had sufficient locus standi to move the petition. rule 7 framed under the act, provides that provisions of the west bengal animal slaughter control act, 1950, shall not apply to the slaughter of any animal for religious, medicinal or research purpose subject to the condition .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-14-2006
Reported in : 2007(2)ALD322
..... in the sense that there should be no other manner of such enjoyment available in any circumstances whatsoever. this, however, is not the requirement of law. section 13 of the easements act contemplates that the easement, which is claimed as an easement of necessity, can be claimed as the only possible mode of enjoyment of the right claimed ..... narayani devi v. phool chand and anr. (supra) the learned judge of the allahabad high court at paras 8, 9 and 10 observed as hereunder:under section 13 of the easements act, where a person transfers or bequeaths immovable property to another and an easement in other immovable property of the transferor is necessary for enjoying the subject of ..... to enjoyment as an easement of necessity by the transferor, namely, sita ram on may 27, 1966 when he sold the house to the plaintiff.illustration (f) of section 13 reads thus:(f) a is the owner of a house and adjoining land. the house has windows overlooking the land. a retaining the house, sells the land to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-14-2006
Reported in : 2007ACJ2246; 2007(3)ALD171; 2007(2)ALT605
..... for the purpose of tour in the said tourist bus and, therefore, though the accident has occurred at nepal, which is outside the country, the provisions of section 166 of the act empowers the tribunal to entertain their claim petitions. therefore, the tribunal is not justified in dismissing the claim petitions, in to to, on the ground of lack ..... petitions on the ground that since the accident occurred in the state of nepal, which is totally a different nation, the claims that have been made under section 166 of the act are not maintainable on the point of jurisdiction and, therefore, there is no other go for the claimants except to approach the appropriate court or tribunal ..... below rather than restricting itself to the factum of place of accident.14. even otherwise, it is relevant to note that under the amended provisions under section 166 of the act, the law has been widened enabling the victims to raise their claim in any court in the place where the accident occurred as well as the place .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-14-2006
Reported in : 2007(4)ALD73
..... authority on such date and at centers as may be specified by the state council in consultation with the eamcet committee. the competent authority as defined under section 2(1)(iv) means the chairman of the a.p.state council of higher education. the convenor appointed by the competent authority is entrusted with the ..... subsequent decision of the supreme court in p.a.inamdar case. the state government in exercise of powers under section 3 and 15 of andhra pradesh educational institutions (regulation of admissions and prohibition of capitation fee) act, 1983 and in supercession of andhra pradesh unaided minority professional institutions (regulation of admissions into m.b.a/m ..... of supreme court and not in contrary thereof. the impugned g.os are issued in exercise of powers conferred by sections 3 and 15 of a.p. educational institutions (regularization of admissions and prohibition of capitation fee) act, 1983 in supercession of earlier rules framed in 2004 in g.o.ms.no.34, higher education (ec) .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-14-2006
Reported in : 2007CriLJ1396
..... done it under some one of the alternatives to the exclusion of the other. 12. in mukania v. achalia it was held thus:under section 190(1), it is open to a magistrate to act on any one of the three grounds mentioned in the clauses insection 190(1) but these three grounds are not mutually exclusive and it is ..... in bharat kishore's case and inter alia in para 11 held thus:therefore, any hermetic sealing or compartmentalization of clauses (a), (b) and (c) of sub-section (1) of section 190 and holding that these are mutually exclusive is neither justified on principle nor on authority. 17. from the above it is obvious that clauses (a) to (c) ..... with the necessary provisions, one or other such curative provisions can be availed of by the aggrieved persons. as discussed hereinabove, such provisions are not mutually exclusive. therefore, section 319 of the code has, in my considered view, no effect of excluding the other remedy of filing a complaint in writing before the court by the aggrieved de .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-14-2006
Reported in : 2007(1)ALD713; 2007(1)ALT491; (2007)IILLJ685AP
..... matters will have great adverse impact on the entire establishment. it will spread the virus of indiscipline and would encourage other employees to indulge in similar acts of misconduct.20. there is another reason for my disinclination to interfere with the action taken by the management of the bank. the petitioner has neither ..... the appellate authority has coextensive power to reappreciate the evidence or the nature of punishment. the court/tribunal in its power of judicial review does not act as appellate authority to reappreciate the evidence and to arrive at its own independent findings on the evidence. the court/tribunal may interfere where the authority ..... absent from the duties unauthorisedly and without the permission/prior sanction from the competent authorities during the period from 19.11.1989 till date.that by his above acts, he had contravened regulation no. 13(1) read with regulation 24 of syndicate bank officer employees' (conduct) regulations 1976.4. the petitioner filed reply .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-14-2006
Reported in : 2007CriLJ2469
..... warranty was given for them. it is true that the manufacture of an adulterated article of food for sale is also an offence under section 7 of the act. but, neither section 7 nor section 14 of the act bars trial of several offences by the same accused person, be he a manufacturer, a distributor, or a last seller, referred to ..... he sold it in the same state as he purchased it. such a defence is proved, would absolve him from the penal consequences of the act. thus, sections 14 and 19 of the act, if read together, would amply disclose that they are meant to protect the interests of the ultimate vendor, who in turn purchased innocently the ..... apply to the manufacturer, seller, the person who stores or distributes any adulterated food or misbranded food. infraction of section 7 of the act is punishable under section 16 of the penal provision of the act. under section 14 of the act, the manufacturer, distributor or dealer is obliged to give the vendor a warrant in writing in the prescribed form .....
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