Court : Andhra Pradesh
Reported in : 2005(1)ALD752; 2005(1)ALT310
..... grant of the first degree through formal education in the faculties of arts, humanities, fine arts, music, social science, commerce and sciences) regulations 1985 and held that under section 14 of the university grants commission act, 1956, the regulations made by the university are binding on all the autonomous colleges, that the condition of attendance upto 75% is necessary for the purpose of eligibility for examinations. ..... the same was not counted for the purpose of attendance and as and when the students did not adhere to dress code, absent was marked, as a result of all this, on the eve of annual/semester examinations on 30-4-2004, the petitioners were not issued hall tickets on the ground that they do not have the required attendance as per b.tech. ..... whole attempt on the part of the learned counsel is to confine the scope and ambit of the impugned order to clause (d) of sub-section (2) of section 3 of the act which uses the word 'regulating' and take it out of the purview of sub-section (1) of section 3 which uses the words 'regulating or prohibiting'. ..... restricted construction of section 3 contended for by learned counsel for the appellant would render the scheme of the act wholly unworkable as already indicated, the source of power to make an order of this description is sub-section (1) of section 3 of the act and sub-section (2) merely provides illustration for the general powers conferred by sub-section (1). ..... of 2004 filed another affidavit before this court on 12-09-2004. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD(Cri)338; 2005(3)ALT487
..... active part in such dangerous activities, are not sufficient for holding that his activities affected adversely or were likely to affect adversely the maintenance of public order in compliance with sub-section (4) of section 3 of the act that the activities of the detenu have caused harm, danger or alarm or a feeling of insecurity among the general public or any section thereof or a grave or widespread danger to life, property or public health ..... 's legal rights, it will grant final relief but will not dispose of the petition only by granting interim relief; (vii) where the satisfaction of the authority is subjective, the court intervenes when the authority has acted under the dictates of another body or when the conclusion is arrived at by the application of a wrong test or misconstruction of a statute or it is not based on material which is of a rationally probative value and relevant to ..... where the determination is mala fide or is prompted by the extraneous considerations or is made in contravention of the principles of natural justice of any constitutional provision; (v) the court may also intervene where (a) the authority acting under the concerned law does not have the requisite authority or the order which is purported to have been passed under the law is not warranted or is in breach of the provisions of the concerned law or ..... act and police firing of tadipatri town p.s:- on 7-4- ..... 43/2004 under section 147, 148, 324, 307, 332, 435 r/w 149 ipc, 25(1b)(a) and 27 of arms act .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD(Cri)219; IV(2005)BC171; 2005CriLJ1080
..... the regulations, or makes a false return, or(f) obstructs any inspector or other official of the corporation in the discharge of his duties, or(g) is guilty of any contravention of or non-compliance with any of the requirements of this act or the rules or the regulations in respect of which no special penalty is provided, he shall be punishable --(i) where he commits an offence under clause (a), with imprisonment for a term which may extend to three years but ..... amount arranged to be paid from that account by an agreement made with that bank such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both : provided that nothing ..... or non-compoundability of offence at the relevant point of time need not detain this court any longer for the reason that section 147 of the act had been introduced, no doubt by a subsequent amending act, even prior thereto the opinions expressed by different high courts and also the apex court appear to be in favour of approving such compounding and ..... or settlement between parties during pendency of appeal in sessions court against conviction and sentence of imprisonment and fine under section 138 of the act, it was held that subsequent events taking place during the pendency of appeal can be taken into account by the appellate court while ..... ..... .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005CriLJ1071
..... on 27-10-1995, a notice under section 14-a of the prevention of food adulteration act, 1954, (hereinafter in short referred to as 'the act' for the purpose of convenience) in form no. ..... thereafter cognizance was taken under section 16(2-a) of the act against the accused.3. ..... the complainant filed the complaint after receiving the written consent under section 20(1) of the act to launch prosecution against a-1 to a-3. ..... the learned magistrate had recorded a finding that supari rawa is not a food article falling under the act. ..... the main controversy between the parties was that supari rawa is not a food article as per the provisions of the act. ..... koteswara rao, under the cover of a panchanama following the prescribed procedure under the act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD545
..... in nutshell, the petitioner alleged that the resultant effect of impugned action of respondents 1 and 2 in selecting nine pre-qualified tenderers would affect public interest and would continue to impair public finances and thus on 18.8.2004 he approached this court to declare the actions of respondents 1 and 2 in resorting to the procedure of selecting the pre-qualified tenderers as illegal, arbitrary and unconstitutional apart from being contrary to public interest and to quash the subsequent ..... municipal council, : air1991sc1153 , the argument that a project envisaging a self-financing scheme was beyond the powers of the local authority was turned down. ..... the law relating to judicial review in the matter of award of a contract by the state and its corporations and bodies acting as instrumentalities and agencies of the government is almost settled by the decisions of the supreme court in r.d. ..... the pre-qualification bids were directed to be obtained from 1st july, 2004 to 7th july, 2004 on production of valid registration from the andhra pradesh government on payment of ..... as the last date for submission of tenders was 30.9.2004 and since the bench has decided to take up hearing of the writ petition on 16.9.2004, learned advocate-general prayed that interim order as prayed be not ..... excise act, the court found that the four different modes, namely, tender, auction, fixed licence fee or such other manner were alternative to one another and any one of them could be resorted to.27. in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005CriLJ1291
..... the case of the appellant/complainant is that the complainant is a company registered under the companies act, 1956 carrying on business relating to hire-purchase, financing, instalment purchase of various items represented by its accountant k. ..... 679 of 1996 on the file of ix metropolitan magistrate, hyderabad, under section 138 of the negotiable instruments act (hereinafter in short referred to as act' for the purpose of convenience).2. ..... is authorized by the complainant.it is also the case of the appellant/complainant that the accused had approached the complainant along with the guarantor for financial assistance to purchase a bajaj chetak scooter which was accordingly finance to a tune of rs. ..... sufala finance private limited, filed the complaint c. c. no. ..... except the finding that the complainant was unable to establish the legally enforceable debt, all other formalities to be complied with under the act had been satisfied. ..... with a mala fide intention to cause wrongful loss to the complainant and wrongful gain for himself did not maintain sufficient balance in his account rendering himself to punishment under section 138 of the negotiable instruments act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (2005)195CTR(AP)81; [2005]272ITR245(AP)
..... authority is specified to pass an order or treating the petitioner-corporation as an assessee deemed to be in default for non-collection and non-remittance of the amount specified to be collected in terms of section 206c of the act, but, however, a perusal of the relevant provision clearly shows that the persons specified in the said provision are liable to collect tax at the time of effecting the sale of the items specified in the table provided ..... 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 ..... of income-tax, the second respondent herein, considered the contentions of the petitioner-corporation with reference to the provisions of the andhra pradesh forest act, 1967 (for brevity 'the forest act'), especially with reference to the definition of 'forest produce' contained in section 2(g) of the forest act and concluded that the petitioner-corporation was under obligation to collect tax (a) on timber (including malaysian sal wood and eucalyptus poles) ; (b) ..... been used for 'agricultural purposes' and the income derived therefrom be said to be 'agricultural income' derived from the land by agriculture, under section 2(1) of the indian income-tax act, 1922.agriculture comprises within its scope the basic as well as the subsequent operations described above regardless of the nature of the products raised on the land. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD181; 2005(1)ALT426
..... per contra, the learned counsel for third respondent sri posani venkateswarlu submits that under section 22 of the act where a complaint is given by the voter to the executive authority alleging disqualification of the sarpanch, the intimation has to be given to the sarpanch through the dpo and in such an event the dpo has to satisfy ..... 243n of the constitution of india, any law relating to panchayats, which is inconsistent with the provisions of part ix of the constitution of india shall have no enforceability and indeed panchayat raj act, 1994 is a legislation repealing 1964 act keeping in view the provisions of articles 243 to 243-0 of the constitution of india. ..... court, by advancing the remedy which is indicated by the words of the act and the implications arising from those words, should aim to further every aspect of the legislative purpose.a purposive construction of enactment is one which gives effect to the legislative purpose by-(a) following the literal ..... 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 and ..... peerless general finance and investment company limited, : [1987]2scr1 , joint registrar of co-operative ..... the said report, the first respondent vide memo, in roc.no.3975/2003-a6 dated 15.3.2004 informed the petitioner that the third respondent does not attract disqualification under section 19(3) of the act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD112
..... learned counsel for the petitioner vehemently contends that since the wording of section 76 of the act is unambiguous and provides a right of appeal to 'any person' aggrieved by 'any order' passed under section 60 of the act, the petitioner society has rightly preferred an appeal under section 76 of the act and the impugned order passed by the first respondent rejecting the said appeal as not maintainable is erroneous ..... pershad, 1972 1&2 aplj 343, interpreted section 20(1) of the andhra pradesh buildings (lease, rent and eviction) control act 1960 and held that it is not every order of the rent controller that would become appealable, nor would it mean that only final orders passed by the rent controller are appealable ..... in the said decision, the supreme court was interpreting section 38(1) of the delhi rent control act 1958, which provides for an appeal and runs as under:'an appeal shall lie from 'every order' of the controller made under this act to the rent control tribunal'.the supreme court held as to follows:'the object of section 38(1) is to give a right of appeal to a party aggrieved by some order which affects his right ..... the said application was dismissed by the 2nd respondent-deputy registrar, by order dated 10-8-2004 holding, that in the absence of original inquiry report, there is no need to call the said persons for ..... krishna murthy, ex-deputy general manager (finance) of corporate r&b;, bhel, to give evidence and also to be cross-examined as witnesses on behalf of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2005]144TAXMAN51(AP)
..... is specified to pass an order or treating the petitioner-corporation as an assessee deemed to be in default for non-collection and non-remittance of the amount specified to be collected in terms of section 206c of the act, but, however, a perusal of the relevant provision clearly shows that this persons specified in the said provision are liable to collect tax at the time of effecting the sale of the items specified in the table provided ..... 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 ..... income tax, the second respondent herein, considered the contentions of the petitioner-corporation with reference to the provisions of the andhra pradesh forest act, 1967 (hereinafter referred to as 'the forest act'), especially with reference to the definition of 'forest produce' contained in section 2(g) of the forest act and concluded that the petitioner-corporation was under obligation to collect tax (a) on timber (including malaysiansal wood and eucalyptus poles); (b) under ..... used for 'agricultural purposes' and the income derived therefrom be said to be 'agricultural income' derived from the land by agriculture, under section 2(1) of the indian income tax act, 1922.agriculture comprises within its scope the basic as well as the subsequent operations described above regardless of the nature of the products raised on the land. .....
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