Court : Andhra Pradesh
Reported in : 1998(1)ALD153; 1998(1)ALT467
..... provided that the number of members to be elected in respect of each council existing at the commencement of the andhra pradesh municipal laws (second amendment) act, 1994 shall be as it stood at such commencement until such number is revised by the government in accordance with the principles prescribed. (ii) every member of ..... of schemes as may be entrusted to them and particularly in relation to matters enumerated in the xiith schedule. article 243-y provides that the finance commission constituted under article 243-y to review the financial position of the panchayats shall also review the financial position of the municipalities and make recommendations ..... to the object which the statute seeks to achieve while interpreting any of the provision of the act. a purposive approach for interpreting the act is necessary.''the supreme court held in reserve bank of india v. peerless general finance and investment co. ltd., : [1987]2scr1 as follows:'interpretation must depend on the text .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(5)ALD97
..... petitioner cannot question the result of election on the ground of wrongful rejection of his nomination paper by filing petition under section 233 of the andhra pradesh panchayat raj act, 1994 (for short 'the act') read with andhra pradesh panchayat raj (election tribunals in respect of gram panchayats, mandal parishads and zilla parishads) rules, 1995 (for short 'the rules') and, therefore, the ..... 24 also supports the view that the word 'election' has been used in the section in a wide sense and not in a narrow sense. section 24 occurs in chapter iii which contains a fasciculus of sections commencing from section 18 and ending with section 26 dealing, as the heading of the ..... chapter shows, with 'election, appointment or co-option of members of panchayats, election disputes etc.'. we have already pointed out that section 18 provides that election shall be conducted in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(5)ALT279
..... petitioner cannot question the result of election on the ground of wrongful rejection of his nomination paper by filing petition under section 233 of the andhra pradesh panchayat raj act, 1994 (for short 'the act') read with andhra pradesh panchayat raj (election tribunals in respect of gram panchayats, mandal parishads and zilla parishads) rules, 1995 (for short 'the rules') and, therefore, the ..... 24 also supports the view that the word 'election' has been used in the section in a wide sense and not in a narrow sense. section 24 occurs in chapter iii which contains a fasciculus of sections commencing from section 18 and ending with section 26 dealing, as the heading of the ..... chapter shows, with 'election, appointment or co-option of members of panchayats, election disputes etc.' we have already pointed out that section 18 provides that election shall be conducted in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALD170
..... the writ petitions are not maintainable as there is an efficacious and alternative remedy of filing election petitions under section 233 of the a.p. panchayat raj act, 1994, (for brevity, 'the act') read with clause (b) of article 243 of the constitution. it is also stated that the rules relating to election tribunal in respect of gram panchayat ..... shri sant sadguru janardan swami's case (supra) at paras 7, 8 and 9 observed thus: '7. in the light of the aforesaid provisions of chapter xi-a of the act and the rules, we will examine as to whether preparation of electoral rolls is an intermediate stage in the process of election. the provisions referred to ..... 226 of the constitution challenging the validity of the electoral roll. it appears that the consistent view of the bombay high court on the interpretation of chapter xi-a of the act and the rules framed thereunder is that the preparation of electoral roll is an intermediate stage of the election process of the specified societies. this .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(1)ALT174
..... a different footing.12. in boddula krishnaiah v. state election commissioner (1996) 3 scc 416 the supreme court while considering the elections under a.p. panchayatraj act, 1994 held as under: 'conduct of election to gram panchayat-voters' list - deletion of names of respondents 6-42 from draft roll challenged in writ petition before ..... - andhra pradesh panchayat raj election tribunals in respect of gram panchayats, mandal parishads and zila parishads rules, 1994, rules 2(1), 12(d)(iii) - panchayats and zila parishads - andhra pradesh panchayat raj act, 1994 (13 of 1994).once an election process has been set in motion, though the high court may entertain or may have already ..... therefore, in this case, admittedly the election process was already on by issuing notification and also after preparation of the voters list. under chapter viii of the a.p. cooperative societies act, 1964, section 61 (3) contemplates that all such disputes in regard to the election to a committee are to be referred for .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALD1; 2006(5)ALT767; 2006(6)AIRKarR606(FB)(AP).
..... gave exemptions to certain institutions including the educational institutions. the position, however, changed after the panchayat raj act of 1994 came into operation. this act came into force on 26th of april 1994. section 60 of this act gave powers to the gram panchayats to levy house tax and other taxes. section 61 prescribed the ..... whether rules framed under andhra pradesh gram panchayats act, 1964 (hereinafter referred to as 'the gram panchayats act of 1964') were still in force and could be applied even after enactment of the andhra pradesh panchayat raj act, 1994 (hereinafter referred to as 'the panchayat raj act of 1994') and rules framed thereunder. the petitioner-institutions ..... for the petitioners specially emphasized that section 8(c) and (d) of the general clauses act would apply. section 8(c) and (d) lay down-8. effect of repealing an act: where any act, to which this chapter applies, repeals any other enactment, then the repeal shall not-(a)...(b)...(c) affect the previous .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD181; 2005(1)ALT426
..... third respondent is having three children as on 29.8.2001, and therefore, incurs disqualification under section 19(3) of the a.p. panchayat raj act, 1994 (the act, for brevity).2. the petitioner filed a writ petition being w.p.no.22939 of 2001 before this court complaining inaction on the part of the ..... such right is given and in consonance with the object with which a provision is enacted.10. a reference may be made to reserve bank of india v. peerless general finance and investment company limited, : [1987]2scr1 , joint registrar of co-operative societies v. t.a.kuttappan, : air2000sc2378 , associated timber industries v. central bank of india ..... b) applying a strained meaning where the literal meaning is not in accordance with the legislative purpose, 12. in reserve bank of india v. peerless general finance and investment company limited (supra), the supreme court dealing with purposive interpretation having regard to the context laid down as under:interpretation must depend on the text .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (2005)195CTR(AP)81; [2005]272ITR245(AP)
..... sub-section (7) shall be a charge upon all the assets of the seller.'6. a perusal of the above shows that this provision was inserted by the finance act, 1988, along with section 44ac, which was intended for levy and collection of presumptive tax in the case of trading in certain goods to remove hardship and ..... developed the land and cultivated various tree growth as well as horticultural products and the sale of such items would not attract the provisions of section 206c of the act. the petitioner also produced some non-deduction certificates issued by various assessing officers, claiming exemption from the tax collection at source. the first respondent, however, rejected ..... respondent being the assessing authority cannot be said to be without jurisdiction to pass an order under section 206c of the act. even with reference to the limitation, as the notice was issued in december, 1994 and the order was passed in 1995, the same cannot be said to be beyond the period of limitation.11. under .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD347
..... be disqualified for election or for continuing as member:provided that the birth within one year from the date of commencement of the a.p. municipal laws (second amendment) act, 1994 (hereinafter in this section referred to as the date of such commencement) of an additional child shall not be taken into consideration for the purpose of this section;provided further ..... agent or any other person with the connivance of such candidate or agent, has committed or abated the commission of any election offence falling under section 18 of the act or under chapter-ix-a, of the indian penal code, or(b) the election of a returned candidate has been procured or induced or the result of the election has been ..... materially affected by any of the following corrupt practices:(i) any election offence falling under section 18, of the act or under chapter-ix-a of the indian penal code when committed by a person, who is not a candidate or his agent or a person .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD503; 2005(4)ALT98
..... appeal upholding disciplinary action.26. in zunjarrao bhikaji nagarkar v. union of india, : (2000)illj728sc where the delinquent officer while exercising quasi-judicial power under central excise act, 1994 omitted to levy penalty on the assessee and was proceeded departmentally under rule 14 of the central civil services (classification, control and appeal) rules, 1965 and was served ..... the delinquent officer, which is not substantive evidence, which is violative of principles of natural justice and accordingly set aside the punishment.37. in the case of ministry of finance and anr. v. s.b. ramesh, 1998 (1) supreme 387 where an income tax officer was proceeded departmentally for alleged irregularities in the income tax assessment, ..... of the judgments which were marked as exs.a1 to a-27. it is not denied by the petitioner that in laop nos. 1965/94 dt. 12-9-1994, 1961/84 dt. 30-9-94, and laop no. 69/90 dated 28-8-1995 he rejected the claim of the landholders for determination of the market .....
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