Court : Andhra Pradesh
Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)
..... and other provisions for recovery of debts due to a cooperative society; chapter xiii includes provisions relating to the financing banks and primary agricultural societies and matters connected therewith and incidental thereto; chapter xiii-a, inserted in the 1964 act by an amendment under ap act no. 10 of 1970, includes special provisions applicable to eligible co- ..... , office-bearer or the liquidator, past and present, to the co-operative tribunal for its decision. section 36-a of this act incorporates the provisions of chapter xiii-a of the 1964 act and makes these provisions applicable to all co-operative banks. the explanation to section 36-a enacts that for the purposes of this ..... effect of or tends to have the effect of whitting down the powers reserved to the states' [see s.r. bommai v. union of india : [1994]2scr644 ].94. although parliament cannot legislate on any of the entries in the state list, it may do so incidentally while essentially legislating within the entries under .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP234
..... budhia v. state of bihar, air 1952 pat 358, a special bench of the patna high court ruled that the tax imposed by part iii of the bihar finance act was not beyond the legislative power of the state legislature and was therefore valid. it was laid down there that these provisions do not contravene any of the ..... the erstwhile hyderabad state enacted a law relating to municipal corporations in the twin cities of secunderabad and hvderabad in the shape of the hyderabad municipal corporations act, 1956. that act contains chapter viii, which confers powers on the municipality to impose, inter alia, a tax in the form of octroi. octroi is defined in clause 37 of ..... proviso to article 304 seems to be that legislations, which affect adversely trade and commerce, should be considered by the president, as the aim and object of chapter xiii is to establish commercial unity of the country and that it should not be left to individual states to enact measures indiscriminately, which will have the effect .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(5)ALD298
..... : air1975ap155 and yet another decision reported in lothamasu sambasiva rao v. thadawarthi balakotaiah 0044/1973 : air1973ap342 , after recording reasons and also the relevant provisions of finance act 32/94 dated 13.5.1994 and the schedules thereunder, came to the conclusion that the suit document is insufficiently stamped and hence hit by section 35 of the indian stamp ..... hereunder:it should be stated how the suit document is maintainable when it is insufficiently stamped. the stamp must be re. 1/- as per act 32/94, dated 13.5.1994 of finance.the said objection was raised on 17.4.1995 granting seven days time for resubmission and on 24.4.1995, the learned counsel representing ..... act and the finding recorded by the court of first instance is the correct finding.9. sri rajasekhar, the learned amicus curiae had placed before .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD318; [2002]257ITR105(AP)
..... kodandram except anand theatre's case (supra) were handed down by the supreme court and calcutta high court before the insertion of section 194-1 by way of finance act, 1994 w.e.f. 1-6-1994. in anand theatre's case (supra) also, the word 'rent' as defined in the explanation to section 194-i did not fall for interpretation. in ..... to be credit of such income to the account of the payee and the provisions of this section shall apply accordingly.' 8. section 194-i inserted by the finance act, 1994 with effect from 1st june, 1994. the scope and effect of the provisions of section 194-i as explained by the board in its circular no. 684, dated 6th june ..... lastly, sri kodandram contended that if the tds is permitted at the hands of the corporate customers of the 1 st petitioner, it will have deleterious effect on the finance of the petitioner company impairing the petitioner's fundamental right guaranteed under article 19(1)(g) of the constitution of india.6. sri j.v.prasad, learned standing counsel .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT607
..... 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'.57. under section 5 of amending act new section 7-a was introduced.section 7-a:(1) notwithstanding any government order, judgment, decree or order of any ..... defect which the court had found in the previous law;(iii) whether the validating law is consistent with the provisions of chapter iii of the constitution. and held if these tests are satisfied, the act can validate the past transactions which were declared by the court to be unconstitutional. the legislature cannot assume power of ..... defect which the court had found in the previous law; and(iii) whether the validating law is inconsistent with the provisions of chapter iii of the constitution. if these tests are satisfied, the act can be held to be valid. otherwise, it will be something which judiciary has to do, which the legislature would be doing .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD652; 2000(2)ALT655
..... of the judgment are, hyderabad municipal corporation act, 1955 (hmc act, for brevity), a.p. municipalities act, 1965 (the act, for brevity), the visakhapatnam municipal corporation act, 1979 (vizag act, for brevity), the vijayawada municipal corporation act, 1981 (the vmc act, for brevity) and the a.p. municipal corporation act, 1994 (corporations act, for brevity). the relevant rules are a ..... chairperson of nagar panchayat in favour of backward class candidate on the basis of the population figures gathered by a.p. backward classes co-operative finance corporation ltd., (hereafter called 'the b.c. corporation) and projected through bureau of economics and statistics without following the mandate given by the ..... and accepted to by this court. indeed, the report of mandal commission, 1980 (which was in a way subject matter of indira sawhney case) in chapter xii of the report in para 12.22 estimated obc population at 52% , which is 'derived' figure. this 'derived figure' was not found to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD358; 2004(2)ALT128
..... that 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 primary societies ..... of andhra pradesh public service commission, district selection committees and other selection committees constituted by the government. the legislation will prevent further deterioration of finances of the state and at the same time conserve the resources for the welfare and developmental activities.' 14. a reading of the above preamble ..... 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 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALD428; 2001(3)ALT468
..... case.18. sections 7 and 7-a of the andhra pradesh (regulation of appointments to public services and rationalisation of staff pattern and pay structure) act, 1994 as amended by act no.27 of 1998 read thus:'7. bar for regularisation of services :--no person who is a daily wage employee and no person who is appointed ..... continuing on 25-11-1993 be regularised by the appointing authorities in consultation with finance department, subject to fulfilment of certain other conditions stipulated therein. this is also a statutory regulation now by virtue of amending act 2 of 1994 in act 3 of 1998 and act 27 of 1998. 4. government have issued orders vide go 1st read above, ..... said section shall be paid in case of termination of services; provided also that nothing in this section shall apply to the workmen governed by chapter v-b of the industrial disputes act, 1947. explanation :--for the removal of doubts it is hereby declared that the termination of services under this section shall not be deemed to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD533; 2007(2)ALT410
..... or undoing of such thing if the noticee fails to take necessary steps. similar provisions are contained in the andhra pradesh municipal corporations act, 1994 and the andhra pradesh municipalities act, 1965.25. a conspectus of the above mentioned provisions makes it clear that the legislative as well as executive organs of the ..... a zone, no person shall use or permit to be used any land or building in that zone otherwise than in conformity with such plan. chapter x contains provisions for inspection of buildings and other works and demolition of buildings constructed in violation of the master plan or zonal development plan or ..... and obligation of the owners to comply with these plans and layouts. in 1955, the present hyderabad municipal corporation act was enacted replacing the hyderabad municipal corporation act, 1950. chapter xi of the 1955 act contains provisions relating to construction, maintenance and improvement of public streets, preservation of regular line in public streets. this .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD284; 2003(1)ALT738
..... after the elections the 4th respondent filed an election petition op no. 7 of 2001 before the election tribunal constituted under the a.p. panchayat raj act, 1994 (for short 'the 1994 act') read with andhra pradesh panchayat raj (election tribunals in respect of gram panchayats, mandal parishads and zilla parishads) rules, 1995 (for short 'the ..... miscellaneous election matters and other incidental provisions for regulation and effectuation by elections of responsive and representative governance in gram panchayats. chapter hi of part v of the act sets out provisions with regard to miscellaneous election matters including vacation of seat of office. section 233 occurs in ..... chapter iii part v of the act and reads as under:'233. election petitions :--no election held under this act shall be called in question except by an election petition presented to such authority and in accordance .....
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