Court : Andhra Pradesh
Reported in : AIR2004AP234; 2004(1)ALD757; 2004(2)ALT94
..... made by smt. n. shobha, further contended that rule 9-w of the rules also liable to be declared as violative of the constitutional rights guaranteed under chapter xiii of the constitution of india.14. on the other hand, the learned additional advocate general, sri ramesh ranganathan, contended that the power of the state ..... the state government. the supreme court after referring to various provisions under the statute held that there is no power conferred upon the state government under the act to exercise control over minor minerals after they have been excavated. it is further held that the power of the state government, as the subordinate rule making ..... restrict movement of the minor mineral after its extraction. now, there is power conferred on the state government when section 23c has been inserted in the principal act. therefore, any amount of arguments on the basis of which the judgment of the division bench proceeded is of no consequence. reasonable restrictions can always be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALD72; 2004(5)ALT808
..... disallowed the said relief, allowed the o.ps partly directing the revision petitioners-respondents in the o.ps to follow rule 3(i) and (ii) of chapter iii, of the memorandum and certain other consequential directions. aggrieved by the same, the revision petitioners had filed the present civil revision petitions under article 227 of ..... relating to the affairs of the society, any member of the society may proceed with the dispute under the provisions of the arbitration and conciliation act, 1996 (central act 26 of 1996) or may file an application in the district court concerned and the said court shall after necessary inquiry pass such order as ..... follows:'it must be-noted that the principal district court (in this case chief judge, city civil court) is exercising a jurisdiction conferred by a special act and it is not the ordinary jurisdiction under the provisions of the civil procedure code. the provisions of civil procedure code including order xxxix, rule i cannot be made ipso facto .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD164; 2004(1)ALT306
..... prohibiting the import of such prohibited consignment into the country.5. it is further alleged that the customs tariff act clearly prescribes the rate of duty payable on products classifiable as fertilizers. this is borne out both by the chapter heading (fertilizer) and chapter subheading ('mineral or chemical fertilizer nitrates'). since the consignments are of ammonium nitrate explosive grade (having concentration of nitrogen ..... a misclassification. the item ammonium nitrate is classifiable under chapter 31 (fertilizers) of the customs tariff act, 1975. as per note-2(a)(2) of chapter notes of chapter heading no. 31 of first schedule to custom tariff act, envisages classification of ammonium nitrate whether or not pure, under chapter heading 31.02 and more specifically under chapter heading 31.02.30. accordingly ammonium nitrate is classified .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2004]51SCL345(AP)
..... agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract.18. chapter iv of the arbitration and conciliation act, 1996 deals with jurisdiction of arbitral tribunals and section 16 deals with competence of arbitral tribunal to rule on its jurisdiction. sub-section ..... ) representatives of banks and financial institutions; (iii) office bearers or representatives of state industry associations; and(iv) persons having special knowledge in the field of industry, finance, law, trade and commerce. (2) the person appointed under clause (i) of sub-section (1) shall be the chairperson of the industry facilitation council.(3) ..... revision petitions had granted interim stay on 22-8-2003 and applications as aforesaid are filed to vacate the said orders.9. the act - act 32 of 1993, is an act to provide for and regulate the payment of interest on delayed payment to small scale and ancillary industrial undertakings and matters connected therewith .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(4)ALD807
..... , height and size of the room, lighting and ventilation, drains and sanitary conveniences, staircases etc. section 229 of the act enables to exempt any building from the provisions of chapter iv other than section 215 and specifically confers power on the commissioner to decide cases of temporary structures like temporary huts of ..... of india : air2000sc2689 , allahabad bank v. canara bank : [2000]2scr1102 , k. duraiswamy v. state of tamil nadu : [2001]1scr489 , reserve bank of india v. peerless general finance and investment co. ltd. : [1987]2scr1 , chief justice of a.p. v. l.v.a. dikshitulu : [1979]1scr26 , kehar singh v. state (delhi admn.) : 1989crilj1 ..... indian handicrafts v. union of india : air2003sc3240 , the supreme court applied the principle of purposive construction.24. in reserve bank of india v. peerless general finance and investment co. ltd. (supra), the supreme court observed :interpretation must depend on the text and the context. they are the bases of interpretation. one .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD358; 2004(2)ALT128
..... the salaries of their employees and they have no other independent funds. chapter xiii of apcs act deals with the financing banks/primary agricultural co-operative societies wherein it is contemplated that the provisions of the said chapter shall apply to the financing bank/primary agricultural co-operative society advancing loans for the purposes enumerated ..... therein. the finances advanced by nabard are percolated to the primary agricultural ..... they are receiving grant towards salaries of its employees and as such, act 2 of 1994 is applicable, cannot be accepted. except referring to chapter xiii, no other provision of law either under act 2 of 1994 or apcs act was brought to the notice of this court to show that the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(4)ALD261; 2004(3)ALT445
..... of appeal arid the decision thereon. the act abolished existing rights and created new rights. created forum to determine the rights and liabilities arising therefrom. the question, therefore, is whether the civil suit for ..... gives right of appeal against the order passed by the authorities constituted under section 10 to determine the questions enumerated in sections 4 - 9. thus the act is a complete code, abolished the inam, vested the land in the government and conferred rights on the persons in occupation enumerated, subject to the right ..... for non-agricultural purposes. section 10 creates forum for determination of the entitlements in sections 4 - 9. section 11 saves certain rights created under the act before the date of vesting as inamdars. section 23 deals with constitution of special tribunals and their power to deal with the questions arose therein. section .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(6)ALD522
..... all powers and responsibilities upon the panchayats subsisting for preparation of plans for economic development and social justice and for implementation of developmental schemes and sound financing of the panchayats by securing authorization from state legislatures for grant-in-aid to panchayats from the consolidated fund of the state. under article 243g ..... authority as may be prescribed an annual report relating to the administration of the local authority institution and an annual budget estimate relating thereto.' 17. chapter vii relates to educational funds of local authorities. under section 35, there shall be constituted for each local authority an education fund, to which shall ..... dilipbhai nathjibhai patel and another, . it is contrary to all rules of construction to read words into an act unless it is absolutely necessary to do so. (see stock v. frank jones (tiptan) ltd., 1978 (1) a11.er 948 (hl). similarly, it is wrong and dangerous to proceed by substituting some other words .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(6)ALD562; 2004(1)ALT195; 2004(1)ARBLR319(AP)
..... madan lal v. sunder lal, : [1967]3scr147 , the apex court held at paras 7 to 9 of the judgment as follows:'the analysis of the relevant provisions of the act contained in chapter ii which apply mutatis mutandis to arbitrations of the other two types shows that the court has to pronounce judgment in accordance with the award if it sees no ..... -1-1977 do not constitute a decision of the engineer within the meaning of clause 67 of the contract. it was further stated that by a letter dated 25-1-1978, the petitioner intimated the 2nd respondent that nothing was payable under the terms of the contract. being dissatisfied by the said rejection of the claim made by the 2nd respondent ..... was also pleaded that the present claim of the 2nd respondent cannot be sustained in view of section 120 of madras port trusts act. it was also further pleaded that in view of the letter dated 3-3-1978 it is clear that the claim is not arbitrable at all since there is no decision by the engineer within the meaning of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(6)ALT742
..... vacancies, if they were otherwise qualified fulfilling the other conditions stipulated in the scheme formulated in g.o.ms.no. 212, finance and planning (fw.pc.iii) department, dated the 22nd april, 1994. (subs, by act 27 of 1998).provided further that the services of a person who worked on part-time basis continuously for a minimum period ..... under the said section shall be paid in case of termination of services: (subs. by act 3 of 1998)provided also that nothing in this section shall apply to the workmen governed by chapter v-b of the industrial disputes act, 1947. (subs. by act 3 of 1998)explanation:- for the removal of doubts, it is hereby declared that the ..... court in bangalore water supply v. a. rajappa, : (1978)illj349sc wherein while overruling the earlier judgments holding that hospital is not an industry, it was held that 'hospital' and education in its institutional form fall within the ambit of section 2(j) of i.d. act and it is an industry. the relevant paragraphs are extracted as .....
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