Court : Andhra Pradesh
Reported in : 2002(6)ALD685; 2002(6)ALT760
..... by government bodies in order to prevent arbitrariness or favouritism, however, there are inherent limitations in exercise of that power of judicial review government is the guardian of the finances of the state. it is expected to protect the financial interest of the state. the right to refuse the lowest or any other tender is always available to the ..... furnished, one vessel viz., 'n. v. borukha prabhu' with dwt of 1229 tons is seem to be more than 22 years old as the same is built in the year 1978. (b) another vessel owner by the company i.e., n. v. borukha vikara m' built in the year 1982/83 with a dwt of 2160 tons. (c) the ..... appointed to take the decision. within the bounds of legal reasonableness is the area in which the deciding authority has genuinely free discretion. if it passes those bounds, it acts ultra vires. the court must therefore resist the temptation to draw the bounds too tightly, merely according to its own opinion. it must strive to apply an objective standard, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD503
..... 'it is submitted that the executive and finance board had no power to appoint a convenor. the convenor of the education committee shall ..... writ petition is filed seeking a direction to the commissioner and director of school education, 2nd respondent herein, to issue necessary orders under section 24 of the a.p. education act, recognising the 2nd petitioner as the convenor of the education committee of the convention of the baptist churches of the northern circars (for ..... of all educational institutions. the governing body called the executive and finance board (e&f;) appoints the convenor which has to be recognised by the competent authority i.e., the commissioner and director of education (2nd respondent) under section 24 of a.p. education act.' in his counter, the 3rd respondent has stated as under:- .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD764; 2002(6)ALT353
..... interfered with by way of modification or clarification etc., by issuing a circular like the impugned one in the present case.13. it is necessary to refer to section 21 of the general clauses act, 1897, which reads thus:'power to issue, to include power to add to, amend, vary or rescind, notifications, orders, rules or bye-laws:--where, by any ( ..... her husband, who also was working as teacher, died on 9-1-1967. after the death of her husband, as per clause 6(ii) in g.o. ms. no. 340 finance and planning (fw.pen.1) department, dated 30-12-1982, the petitioner was being paid financial assistance @ rs. 100/- per month, which was enhanced to rs. 370/- per month ..... writ petition is filed.3. heard the learned counsel for the petitioner as well as the learned government pleader for finance and planning.4. it is not in dispute that the government of andhra pradesh issued g.o. ms. no. 340 finance and planning (fw.pen.1) department, dated 30-12-1982, wherein sub-clause (b)(ii) of clause 5 reads .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2003AP254; 2003(1)ALT312
..... same as chapter i part n of the act) substantially re-enacted the provisions thereof with some modifications and that section 44 of the ordinance materially re-enacted section 2 of 1961 act, section 45 replaced section 4, section 47 replaced section 6, section 48 replaced section 7 and section 57 replaced section 9(a) of 1961 act. reliance is also placed on the observations in ..... pleas before it and observed that the tribunal itself can decided the plea relating to its jurisdiction, and in view of the decision of the supreme court in sundaram finance limited v. nepc india limited, : [1999]1scr89 , we observed, in the common order dated 12-12-2001, that interference by civil court (by granting ..... the said decision was' before the word 'rendered under'. in line 14 add the sentence 'in view of the ratio in' in between the words 'repealed' and ' sundaram finance'. (xi) in line 6 at page 23, delete the word 'already' in between the words 'had' and 'sought1. (xii) in line 1 at page 26, add .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2003AP126; 2002(6)ALD458; 2002(6)ALT748
..... the crime. proportionality is fairly embedded even in the matter of self defence, in that, the acts of self defence are expected to be proportionate to the evil apprehended. (see section 99 of ipc).23. every act or omission cannot constitute a crime and every crime does not attract capital punishment. similarly, in service ..... . courts have consistently accorded semblance of freedom to such authorities. the reason is that such authorities are better suited to record findings as to the acts or misconduct and also to weigh the pros and cons in inflicting punishment. the whole exercise has been treated as administrative in nature. judicial review ..... law, every act or omission cannot constitute misconduct and every misconduct cannot result in severe punishment of termination .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(3)ALT677
..... a part. however, in the absence of any such mitigating circumstances, the order of confiscation should follow the finding of contravention of an order made under section 3 of the act. it is a well recognised rule that the atrocity of the penalty should match the atrocity of the crime. public indignation directly varies with the degree of ..... and void as the same have been issued in exercise of and in contravention of the power delegated to the state government under the notification dated june 9, 1978. the 1982 order which was framed by the state government in exercise of the delegated powers does not contain any provision placing any restriction on the transport ..... the state government was facing any problem it could have made amendments in the 1982 order regulating matters specified in clauses (d) and (f) of section 3(2) of the act after obtaining the prior concurrence of the central government. no such course was followed.'18. the learned counsel also relied upon a decision of the learned .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD145
..... .1. tenants are the petitioners in this civil revision petition filed under section 22 of the a.p. buildings (lease. rent and eviction) control act (for short 'the act') respondents 1 and 2 filed the petition under section 10(2)(i), 10(2)(v), 10(3)(a)(iii)(a) of the act seeking the eviction of the petitioners from the petition schedule non-residential premises .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD110; 2002(6)ALT686
..... of article 14. uniformity in approach in dissimilar situations would amount to application of law in an uneven manner. the spirit and philosophy underlying section 5 of the limitation act would then be defeated. the public interest may irretrievably suffer. the court has to properly balance the considerations of public interest on the one hand ..... 'government from preferring the appeals is convincing. we, therefore, keeping in view the magnitude of the alleged 'fraud' involved in these matters, the involvement of finances to an extent of hundreds of crores, the delay in not preferring the appeals in thousands of cases relating to acquisition of structures for somasila project and in ..... of appeals after complying the objections and sought to ensure that no appeals are filed in many cases. this has resulted in colossal damage to the finances of the state. it came to the notice of the government that thousands of appeals relating to somasila project have not been filed. a decision was .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD331
..... wholly illegal, arbitrary, unconstitutional and violation of article 14 of constitution of india; (ii) declare that regulation 7(f) of 2nd respondent university is contrary to section 3 of act 5 of 1983 and rules made thereunder and set aside the same by declaring the same as illegal, arbitrary, unconstitutional and violative of article 14 of the ..... rules, 1957 which prescribed a time limit of 15 days for notice or intimation, as ultra vires the power of the state government under section 71(2) of the partnership act, 1932, held --'... the section itself does not prescribe any limitation as to the period within which notice should be filed. notice should, however, be given within a ..... by the court is whether the impugned rule could be condemned as unconstitutional either for the reasons that it is ultra vires the provisions of section 3 of the act as contended by the petitioner and whether the prescription made by the impugned rule to resolve the tie between two or more candidates of equal .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD197
..... the common cadre has been created for the paid secretaries and also appointment committees have been constituted. the learned counsel has further argued that sub-section (2) of section 116a of the act provides that the registrar has to frame regulations. the learned counsel has further argued that in the absence of any material before this court that ..... as to bring them on par with the supervisor-v cadre of the district co-operative central banks. the said agreement was entered into in consultation with the finance and planning department of the government of andhra pradesh. the said memo dated 14.10.1991 was communicated by the commissioner and registrar of co-operative societies, ..... that in view of the above regulations the contribution to the cadre fund shall be prescribed by the government in g.o. ms. no. 198 dated 28.3.1978. the said fund is intended to meet the cost of paid secretaries.23. at this juncture, the learned senior counsel has further argued that the paid secretaries .....
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