Court : Andhra Pradesh
Reported in : (2005)198CTR(AP)136; [2005]276ITR225(AP)
..... of the respective applicants. it was further pleaded that many of the small merchants who had applied for il 24 licence are already hard pressed for finances as in some cases they had borrowed funds at exorbitant rate of interest. while the matter stood thus the first respondent in purported exercise of power ..... or disadvantaged groups and individuals or public interest by permitting any person, having no personal gain or private motivation or any other oblique consideration but acting bona fide and having sufficient interest in maintaining an action for judicial redress for public injury to put the judicial machinery in motion like actio popularis ..... prohibition superintendents of the state calling upon them for the production of the original demand drafts and the applications exercising powers under section 131 of the act is impermissible under law. learned counsel also explained the different expressions and the words and the language employed in the provisions in this regard. learned .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALD551; 2001(4)ALT70
..... in the ttd. when the case of dr. harinath was pointed out, they started contending that under g.o. ms. no.117, finance and planning (fwprc-i) dated 25-5-1981 special grade promotions are limited to those employees who are drawing the pay in the revised ..... powers under sections 35, 106 and 107 read with section 153 of the a.p. charitable and hindu religious institutions and endowments act, 1987 (act no.30 of 1987) in supersession of the rules that were in force till then. they came into force on 24-10- ..... by government of andhra pradesh in respect of the employees of state, government from time to time insofar as they are not inconsistent with the act and the rules made thereunder : (i) the fundamental rules and the subsidiary rules issued thereunder; (ii) the andhra pradesh leave rules, ..... go. but from the g.o. ms. no.129, dated 8-3-1994 and the orders of the director of health a.p. hyderabad in proceedings no.a1/9859/94 dated 24-4-1994, it is seen that the doctors working in the time scale of pay .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(3)ALT16
..... 1978]3scr561 55. in mahindra and mahindra v. union of india, : [1979]2scr1038 , it was held that section 55 of the monopolies and trade restrictive practices act is an act of legislation by incorporation, when it was laid down in section 55 that any person aggrieved by an order made by the m. r. t. p. commission ..... referred to therein.)26. the supreme court held in anandji haridas and co. v. engg. mazdoor sangh, : (1975)iillj12sc that even the speech of the finance minister cannot be looked into for construction of a statutory provision.27. in sushma sharma v. state of rajasthan, : [1985]3scr243 it was observed that :'.... ..... industrial employee or workman is disqualified. such employees are not disqualified for being elected as councilor or chairman of the municipalities covered by the a.p. municipalities act, 1965 or the municipal corporations of hyderabad, vijayawada or viskhapatnam. they are also not disqualified for being members of legislature or parliament. hence, it is discriminatory .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(4)ALD651; 2003(4)ALT724; 2003(3)ARBLR440(AP)
..... appointment of an arbitrator or arbitrators by the court. all the three judgments referred to supra were rendered under the provisions of the old act.19. in datar switchgears ltd. v. tata finance ltd., : (2000)8scc151 , the apex court held that if one party demands the opposite party to appoint an arbitrator and the opposite ..... .1989 purportedly from the convenor wherein inter alia the names and designations of the other two arbitrators were indicated as sri mirza athar, joint secretary to government, finance and planning department, secretariat building, hyderabad, and sri b.lavakusa rao, director of accounts, srisailam project, kurnool district. the convenor-arbitrator asked both the parties ..... upon the earlier full bench judgment of this court referred to supra and another judgment of the apex court in government of andhra pradesh v. masthan rao, 1994 (1) aplj (sc). in mastan rao's case, the matter was referred to a panel of three arbitrators for settlement but the matter remained pending .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(4)ALD803; 2003(4)ALT750
..... reasons, ficc had abandoned the practice of three-year pricing period after 1991. the 6th pricing period that was to be operational between 1-4-1991 and 31-3-1994 was extended firstly up to 31-3-1997 and thereafter till 30-6-1997. that as per the decision of the government of india the policy parameters for the 6th ..... would prefer to allow free play to the government to evolve fiscal policy in the public interest and to act upon the same. equally, the government is left free to determine priorities in the matters of allocations or allotments or utilisation of its finances in the public interest. it is equally entitled, therefore, to issue or withdraw or modify the export ..... . the 6th pricing period was to commence from 1-4-1991 and was to remain in operation up to 31-3-1994. for variety of reasons, however, it could not be formulated and notified even up to december, 1994 and was notified in january, 1995 and made effective from 1-4-1991. it continued even beyond its initial notified period .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(3)ALD675; 1998(3)ALT480; [1998]94CompCas220(AP)
..... ltd., 1984 (2) aplj (sh) 21 since the same has also been overruled by a full bench of this court in state bank of hyderabad v. advalh sakru, air 1994 ap 170 (fb). therefore, he submitted that the impugned judgment and decree insofar as it denies the plaintiff the interest, as per the rate claimed in the suit, is illegal ..... decree is for an amount in excess of the sum as scaled down under this chapter. section 4 of the said act provides that 'nothing in this act shall affect debts and liabilities of an agriculturist falling under certain heads. under sub-section 4(e), the act is not made applicable to any liability in respect of any sum due to any ..... case in view of the judgment reported in corporation bank v. d.s. gowda, : (1994)5scc213 . in the said judgment the hon'ble supreme court white considering the effect of section 21a of the banking regulation act read with the mysore usurious loans act, 1923 held that in case of agricultural loans the banks were not entitled the resort to either .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(3)ALD736; 1998(3)ALT584
..... institution' to mean recognised schools and colleges including medical colleges. chapter vi (sections 18 - 33) deals with establishment of educational institutions, their administration and control section 18 says that government may, for the purpose of implementing the provisions of the act, provide adequate facilities for imparting education either by establishing and maintaining ..... (2) plans approved by the local authority concerned which shall confirm to the rules prescribed therefor and (3) documents evidencing availability of the financing needed for constructing the proposed buildings. the authority must be satisfied before granting the permission that there is a need for providing educational facilities to ..... said minimum standards. paragraph : 13 : we may now refer to the provisions of articles 246, 248 and 254 in part ii of chapter-i which relates to the distribution of the legislative powers between parliament and the state legislatures. it is not necessary to enter into a detailed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]125STC355(AP)
..... the supreme court. the writ petitions filed against the said order before the supreme court were eventually dismissed in december, 1992 and the appeals were filed on 11-3-1994. the reasons given for condoning the delay is that the partner had undergone coronary by-pass surgery. this reason, however, was not accepted as sufficient cause as ..... v. stat, hyderabad and others (unreported judgment of this court dated 26-10-1994 in wp no. 18747 and 18748 of 1994, the petitioners were the assessees under the act and they were assessed to tax for the assessment years 1983-84 and 1985-86. the deputy commercial tax officer found the ..... the appellants did not think it fit to explain the delay at all.....' 17. the unreported judgment of this court in wp nos. 18747 and 18748 of 1994 dated 26-10-1994 and the judgment in 25 ap stj 85 in no way support the contention of the learned counsel for the petitioners. in ms. golden wines agencies, hyderabad .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(5)ALD213; 2000(5)ALT34
..... 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 ..... affairs of the 2nd respondent, which is functioning under the guidance of the 1st respondent, as provided in rule 16.'37. in tata cellular v. union of india, 1994 (6) scc 651, dealing with the powerof the court to review the policy decision of the government in the matter of contract, invitation of tender and refusal of ..... to allow free play to the government to evolve fiscal policy in the public interest and to act upon the same. equally, the government is left free to determine priorities in the matters of allocations or allotments or utilisation of its finances in the public interest. it is equally entitled, therefore, to issue or withdraw or modify the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2002)ACC32; 2002ACJ32; 2001(5)ALD522; 2001(5)ALT154
..... witness against himself. be that as it may, under prison laws, see sections 24, 37, 38 and 39 of the prisons act, 1894 (central act 9 of 1894) rules 583 to 653 (chapter xxxv) and rules 1007 to 1014 (chapter lvii) of andhra pradesh prisons rules, 1979, as soon as a prisoner is admitted to prison, he is required to be examined ..... extracting compensation from the company.12. the sccl hospitals have well established process for screening of blood donors for hiv and have been testing the blood of donors since 1994. the counter also mentions about the phenomenon called window period, which is encountered in aids. this period is the period during which virus is circulating in the body ..... may not be aware and by reason of such innocence he or she spreads the disease. do we have any law to deal with a situation?49. epidemic diseases act, 1897 (act 3 of 1987) was enacted for the prevention of the spread of dangerous epidemic diseases in the country. hiv-aids, though not epidemic, is being more lethal .....
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