Court : Andhra Pradesh
Reported in : 2006(4)ALD66; 2006(4)ALT715
..... government pleader for fisheries department appearing for respondents 1 to 4, who supports the case of the petitioner, submits that as per the rules framed under indian fisheries act, 1897 (fisheries act, for brevity) all the fishing rights in irrigation channels and irrigation drains are controlled by the assistant inspector of fisheries designated as fisheries officer and assistant director of fisheries. ..... the indian fisheries act 1897 continues to be in force after the constitution ..... the learned single judge in ipur gram panchayat (supra) did not even refer to the indian fisheries act, it must be held as not binding precedent being a precedent sub silentio (see a-one ..... agriculture (fish.ii) department, dated 31-12-1990, it is necessary to refer the fisheries act and the rules made thereunder by the state government. ..... a reference to the provisions of panchayat raj act, fisheries act, the rules made thereunder and the policy guidelines in ..... in exercise of the powers under section 6 of the fisheries act, the state government promulgated rules to regulate and control fishing in new ..... the writ petition is disposed of and a direction shall issue to respondents 1 to 4 to implement the fisheries act and fisheries rules framed in g.o. ms. no. ..... that section 80 of the act does not confer any power on the gram panchayat to lease out the fishing rights to an individual or to any society if such water body is included in schedule i of the rules framed under fisheries act as already noticed. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1991AP343; 1991(2)ALT547
..... (2) whether the fisheries act of 1897 continues to be in force with regard to interu-swamp and the plaint schedule area in spite of the passing of the gram panchayats act, as far as the interu swamp ..... the indian fisheries act of 1897 continues to be in force after the ..... under the indian fisheries act, act iv of 1897 the fisheries department was granting licences to the fishermen to do fishing with ..... , tanks, cisterns, fountains, wells, stand-pipes and other water works (including those used by the public to such an detent as to give a prescriptive right to their use) whether existing at the commencement of this act or afterwards made, laid or erected and whether made, laid or erected at the cost of gram panchayat or otherwise for the use or benefit of the public, and also any adjacent land, not being private property, ..... by necessary implication the indian fisheries act ceases to have force with ..... they claimed that after passing of the gram panchayat act the fisheries department has no control or right to regulate the fishing ..... lordship laid down the principles that with regard to certain tanks known as raja tank, subbayya tank, momti tank and kukkalagunta in biceavole village, the fisheries department does not have any rights of regulation or control and the power to issue licences after the advent of the gram panchayats act is with the panchayat. ..... fisheries department to control the fishing and to issue the licences is not in any way impaired by enactment of the gram panchayats act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD726; 2004(2)ALT740
..... the power in the instant case has been exercised by the assistant director of fisheries under section 19(2-a) of the act, which does not fall under the exception.9. ..... the power under section 19 (2-a) of the act is conferred upon the assistant director of fisheries and the same has been rightly exercised in the instant case, is the submission of the learned government pleader ..... the learned government pleader for fisheries submitted before us that section 19(2-a) of the act is one of the mode provided for enrolment of eligible persons/fishermen as members of a cooperative society and once the procedure prescribed thereunder for their admission is complied with, this court in exercise of its jurisdiction under article ..... the assistant director of fisheries/ deputy registrar of co-operative societies, in purported exercise of the power under section 19(2-a) of the andhra pradesh co-operative societies act, 1964 (for short 'the act') ordered that the fishermen of jinkalapally village shall be deemed to be the members of fishermen co-operative society, kondair of itkyal mandal, subject to depositing the share capital and admission fee. ..... the assistant director of fisheries can exercise all the powers of the registrar under the act except those specified and referred to herein above ..... the assistant director of fisheries, according to the learned counsel for the appellant is not authorized to exercise the power of the deputy registrar of co-operative societies under section 19(2-a) of the act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(4)ALD259; 2000(4)ALT1
..... question of admitted facts we have come tothe conclusion that 'tondapi major irrigation lank' connected with the irrigation work do not vest in the gram panchayat by operation of the provisions of section 80 of the act which provides deeming provision of vesting only in respect of certain water works in the gram panchayat and specifically excludes vesting of any right in respect of any irrigation work or any work connected therewith, ..... cisterns, fountains, wells, stand-pipes and other water works (including those used by the public to such an extent as to give a prescriptive right to their use) whether existing at the commencement of this act or afterwards made, laid or erected and whether made, laid or erected at the cost of the gram panchayat or otherwise for the use or benefit of the public, and also any adjacent land, not ..... view of the provisions of sections 80 and 81 of the act, the gram panchayat was vested with the fishery rights in any water work vested in it under sub-section (1) of section 80 of the act subject to such restriction and control prescribed. ..... proviso thereunder and sub-section (2) section 80 of the act makes it abundantly clear that the gram panchayat has been vested with the fishery rights only in respect of such watercourses, tanks etc ..... the act, the fishery rights ..... in dispute vests in the gram panchayat auctioned the fishery rights in favour of the 6th respondent herein by operation of section 80 of the andhra pradesh panchayat raj act, 1994 (for short 'the act'). .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1996]219ITR138(AP)
..... we may refer to the judgment of the bombay high court in new india fisheries ltd. vs . p. m. ..... poyilakkada fisheries (p) ltd. ..... 256(1) of the it act, 1961 (hereinafter referred to as 'the act'), is common. ..... 80j of the act, could be availed of by the assessees. ..... 80j of the act, would be applicable. ..... 80j of the act would have to be construed as profits and gains directly derived from that source and that the benefit of that provision could not be availed of, if the assessee was using a ship or ships as instruments for carrying on the ..... 80j of the act on the ground that the profits and gains were derived from ship. ..... mehra, ito : [1971]82itr765(bom) which was followed by all the authorities under the act in this case. ..... 80j of the act on the finding recorded by the tribunal that there was processing of fish, which amounted to production of articles, the court held that the tribunal was justified in affording the relief to the assessee. ..... 80j of the act and rejected the claim. ..... 80j of the act for different assessment years. ..... 80j of the act. ..... 80j of the act. ..... 80j of the act. 4. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD652; 2000(2)ALT655
..... learned standing counsel for the commission submitted that the commissioner has already issued notification on 12-2-2000 in exercise of powers under clause (1) of article 243-zg(a) read with section 10-a of the act and various notifications in respect of municipal corporations calling upon the registered voters in the municipalities and municipal corporations to elect members to the wards as well as chairpersons to the respective municipalities ..... detail to meghraj case (supra) and further held as follows :'if we read articles 243-c, 243-k and 243-o in place of article 327 and sections 2(kk), 11-f and 12-bb of the act in place of sections 8 and 9 of the delimitation act, 1950, it will be obvious that neither the delimitation of the panchayat area nor of the constituencies in the said areas and the allotments of scats to the constituencies could have been challenged ..... to substitute its own opinion for that of the legislature or that of the delegate as to what principle and policy would serve the objects and purpose of the act and the merits or demerits of such policy can only be scrutinised with reference to the question as to whether impugned rules fall with in the scope of the rule ..... percentage of the said category to the total population of the municipality in the descending order having regard to clause 27(a) of section 2 of the act which defines the word 'population' as meaning 'the population ascertained at the last census of which all the relevant and necessary figures have been .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD281
..... no other statutory provision, which would disentitle the societies registered under the 1995 act to obtain the lease of fishery rights has been placed before this court by the learned government pleader. ..... the petitioner contends that the action of the 2nd respondent-assistant director of fisheries, guntur, in refusing to consider the case of the petitioner for grant of fishing lease in respect of the said tank on the ground that the petitioner-society, which was registered under the 1995 act, is not entitled to the rights and privileges that are available to the societies registered under the a.p. ..... co-operative societies act, 1964, i hold that the petitioner-society is also eligible to participate in the public auction that may be conducted by the 2nd respondent-assistant director of fisheries, guntur, for grant of lease of fishery rights of kakani major irrigation tank. ..... co-operative societies act, 1964 and 1995 act, so far as grant of fishery rights in respect of major irrigation tanks which are vested with the government are concerned. ..... panchayat raj act, 1994 does not apply and therefore, the fishery rights in the kakani tank do not vest in the gram panchayat. ..... hence, the kakani major irrigation tank under the control of the fisheries department has been rightly leased out to the 4th respondent-society, which was registered under section 6(3) of the andhra pradesh co-operative societies act, 1964.4. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP381; 2004(2)ALT604
..... the petitioners have alleged that the allocation of seats both to lok sabha and state legislatures by the schedule to the representation of the people act, 1950 is based on the then existing population and hence delimitation of constituencies for upwardly revising the same was envisaged by the founding fathers of ..... at this stage, it is apt to notice the statement of objects and reasons of constitution (eighty-fourth amendment) act, which are to the following effect :provisos to articles 82 and 170(3) of the constitution provide that no fresh readjustment of constituencies can be undertaken until the figures of the first ..... though there have been some increase in seats, but recently constitution eighty-fourth amendment act has been passed amending articles 81, 82, 170, 330 and 332 thereby postponing the ..... it can thus be seen that for the first time the constitution (42nd amendment) act, 1976 brought about the change providing that the election to the lok sabha and the state legislative assemblies need not await ..... iii including article 14 remained suspended, the then government amended the constitution by the constitution 42nd amendment act 1976 and thereby postponed delimitation of constituencies by 25 years till 2000 census was completed. ..... in reply filed on behalf of respondents 2 and 3 it is stated that 84th constitution amendment act, inter alia provided that all parliamentary and assembly constituencies throughout india (including the state of andhra pradesh) shall be delimited .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(5)ALD24; 2000(4)ALT678
..... panchayat and this tank vested in the gram panchayat under section 56(l)(b) of gram panchayat raj act, 1994 (hereinafter referred as 'act 1994') corresponding section being section 65(1)(b) of the old act and the gram panchayat is enjoying the income derived by leasing out the fishery rights in the tank as well as the bunds for grazing purposes and the income from the ..... the gram panchayat act, 1964 :--all the sources which vested in the gram panchayat under the gram panchayat act, 1964 shall continue to be with the respective gram panchayats for the purpose of disposal of fishery rights.'13. ..... fishery rights in these water resources which are vested in the gram panchayat is only in respect of the water works vested in the gram panchayat by operation of sub-section (1) of section 80 of panchayat raj act ..... to plant trees on the bunds of such tanks and enjoy theusufruct thereof shall vest in the gram panchayat in the following terms:'as already seen under section 56(l)(b), the fishery rights in minor irrigation tanks together with the fight to auction weeds and reeds in such tanks and the right to plant trees on the bunds and enjoy the ..... society also tried to play politics without bothering themselves about their livelihood and they have supported the water users' association by paying the amount as directed by the fisheries development officer, that, too, at the fag end of the fasli year and deprived the gram panchayat of its legitimate right in enjoying the income received by way of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1982AP174
..... 4-a is in the following terms :-'the population referred to in this act is the population according to the last official census, the figures of which have been published. ..... 4-a of the andhra pradesh entertainment tax act (referred to in this judgment as the act) is involved in these cases. ..... 4-a of the act, the population referred to in the act, is the population according to the last official census, the figures of which have been published. ..... 5 (1) of the act has no application and he was not entitled to opt for an agreement to compound the tax. ..... 4, 4-a, 4-aa of the act etc. ..... 4-c of the act, in case of entertainments held within the jurisdiction of a local authority whose population does not exceed 25,000 the tax for every entertainment show is calculated at certain rates specified therein. s. ..... 4 of the act, it is provided that on each payment for admission to any entertainment, there shall be levied and paid to the state government , a tax referred to as the entertainments tax calculated at certain rates. s. ..... 5 of the act. ..... 4-a of the act. ..... 4a of the act.5. .....
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