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Nimmaka Jaya Raj Vs. the Government of Andhra Pradesh, Represented by ...

Court : Andhra Pradesh

..... petition filed as public interest litigation, the petitioner prays for a writ of mandamus declaring sub-sections (3) and (4) of section 143 of the andhra pradesh panchayat raj act, 1994 (hereinafter referred to as the act) as illegal and unconstitutional for being in violation of the constitution (seventy-third amendment) act, 1992 with particular reference to articles 243e and 243k of the constitution of india, and for a direction to the respondents to conduct elections to the gram panchayats ..... article 243d(6) of the constitution, in exercise of the powers conferred under section 268(1) read with sections 9, 15, 152, 153, 180 and 181 of the act and article 243d of the constitution, the government adopted the vertical reservation policy during the elections conducted in 2006 with 2001 census. ..... clause (6) of article 243d of the constitution is relevant for the purpose of deciding whether sections 9(1-a), 15(2), 152(1a), 153(2a), 180(1a) and 181(2b) of the act are ultra vires the constitution and the same reads thus: nothing in this part shall prevent the legislature of a state from making any provision for reservation of seats in any panchayat ..... consequent upon the 73rd and 74th constitutional amendments, the state of andhra pradesh enacted the andhra pradesh panchayat raj act, 1994 which provides, inter alia, territorial constituencies for each tier and election of members thereto directly from territorial constituencies, reservation of seats and offices for scheduled castes, .....

Nimmaka Jaya Raj Vs. the Government of Andhra Pradesh, Repres

Court : Andhra Pradesh

..... as arbitrary, illegal, void and violative of art.14 and 15(4) of the constitution of india; ii) declaring the action of respondents in relying on unpublished population statistics for the purpose of reservation to bcs as contemplated u/s 202-a of act 13/1994 as arbitrary and illegal; iii) a direction may be issued to the respondents not to allow the creamy layer in the bcs as notified in g.o.ms.no.3, dated 4.4.2006 to contest in the elections to the offices of panchayat at ..... litigation, the petitioner prays for a writ of mandamus declaring sub-sections (3) and (4) of section 143 of the andhra pradesh panchayat raj act, 1994 (hereinafter referred to as 'the act') as illegal and unconstitutional for being in violation of the constitution (seventy-third amendment) act, 1992 with particular reference to articles 243e and 243k of the constitution of india, and for a direction to the respondents to conduct elections ..... in exercise of the powers conferred under section 268(1) read with sections 9, 15, 152, 153, 180 and 181 of the act and article 243d of the constitution, the government adopted the vertical reservation policy during the elections conducted in 2006 with 2001 census ..... (6) of article 243d of the constitution is relevant for the purpose of deciding whether sections 9(1-a), 15(2), 152(1a), 153(2a), 180(1a) and 181(2b) of the act are ultra vires the constitution and the same reads thus: "nothing in this part shall prevent the legislature of a state from making any provision for .....

P. Venkateseshamma Vs. the State Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : AIR1976AP1

..... ) ordinance (1975), shall unless such person is sooner released from detention, be reviewed within 15 days from such commencement by the appropriate government for the purpose of determining whether the detention of such person under this act is necessary for dealing effectively with the emergency in respect of which the proclamation referred to in sub-section (1) have been issued (hereinafter in this section referred to as the emergency) and if on such review the appropriate government is satisfied ..... maintenance of internal security (amendment) ordinance (1975) the central government or the state government or as the case may be, the officer making the order of detention shall consider whether the detention of such person under this act is necessary for dealing effectively with the emergency and if, on such consideration, the central government or, as the case may be, the state government or the officer is satisfied that it is necessary to detain such person for effectively ..... ) ordinance (1975) shall unless such person is sooner released from detention, be reviewed within 15 days from such commencement by the appropriate government for the purpose of determining whether the detention of such ;person under this act is necessary for dealing effective with emergency in respect to in sub-section (1) have been issued (hereinafter in this section referred to as the emergency) and if on such review, the appropriate government is satisfied that it is necessary to detain such person .....

A.P. Sarpanchas Association Vs. Government of A.P. and Others

Court : Andhra Pradesh

Reported in : AIR2001AP474; 2001(4)ALT309

..... no.9857 of 2001 (for short 'the first writ petition) raises the question as to whether the provisions of andhra pradesh panchayat raj act, 1994 (for short 'the act') purporting to have been enacted in terms of part ix of the constitution inserted by reason of the constitution (seventy third) amendment act, 1992 should be given effect to as it does not conform in letter and spirit thereon.writ petition no.9862 of 2001 (for ..... is, true, as contended by sri tarkunde, that if the question as regards the justiciability of the president's satisfaction is not to be considered for the reasons that the ordinance has become an act, the occasion will hardly ever arise for considering that question because by the time the challenge made to an ordinance comes up for consideration before the court. ..... it is, therefore, not permissible to thwart that object and goal by the state by taking recourse to such provisions under the act, which, in our opinion, does not contemplate a total prohibition of holding elections to the societies;the same by itself would not mean that the court can ..... declaring if necessary that sections 161, 165, 167, 186, 188 and 193 of panchayat raj act, 1994 are unconstitutional for violating the constitutional mandate in part ix of the constitution of india.30 ..... that the factual foundation must be raised in the writ petition in order to enable the constitutional court to arrive at the conclusion that the provisions of the main act could be the subject-matter of judicial review. .....

The Commissioner of Income Ta Vs. Smt.Surjeet Kaur (Died) and Othe

Court : Andhra Pradesh

..... : the honble sr.justice l.narasimha reddy and the honble sr.justice challa kodanda ram i.t.t.a.no.86 of 2001 judgment: (per the honble sr.justice l.narasimha reddy) in this appeal, presented under section 260a of the income tax act (for short the act).the only question that arises for consideration is as to whether the land sold by the respondent in the year 1991 attracts the capital gains tax, under the ..... sr.y.ratnakar, learned counsel for the respondent, on the other hand, submits that the census figures referable to section 2(14)(iii)(a) of the act are only of the year 1983 and though the population of mallapur in that census was more than 10,000, kapra municipality, of which mallapur is a part, was not formed at all and that the obligation to ..... the only controvers.is as to whether the land is covered by section 2(14) (iii)(a) of the act, which reads as under: section 2(14)(iii)(a).agricultural land in india, not being land situate (a) in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town ..... section 45 of the act makes capital gains, ..... respondent filed an appeal before the commissioner of income tax (appeals).she pleaded that the land held by her was agricultural in nature and that it cannot be treated as capital asset under section 2(14)(iii)(a) of the act. ..... assessing authority took the view that the respondent is under obligation to pay capital gains under section 45 of the act. .....

S. FakruddIn and Others Etc. Vs. the Govt. of A. P. and Others Etc.

Court : Andhra Pradesh

Reported in : AIR1996AP37; 1995(2)ALT439

..... manner as may be prescribed, the draft of the electoral roll for the gram panchayat shall consist of such part of the electoral roll for the assembly constituency as revised or amended under the representation of the people act, 1950 up to the qualifying date as related to the village or any portion thereof and where in the case of any assembly constituency there is no distinct part of the electoral roll relating to the village all persons whose names ..... in furtherance of the object of the constitution of india for constituting panchayats in every state at the village, intermediate and district levels, the state legislature has come forward with the andhfa pradesh panchayat raj act 13 of 1994 as amended by act 5 of 1995, and under sec-tion 2(2) thereof 'backward classes' means any socially and educationally backward classes of citizens recognised by the government for the purpose of clause (4) of article 15 of the constitution of india. ..... and states; for the purpose of reserving the offices of sarpanch, president and chairman and members of the gram panchayats, mandal parishad and zilla parishads to the members belonging to the backward classes under this act, the population figures of the backward classes, gathered in the socio-economic survey conducted by theandhra pradesh backward clases co-operative finance corporation limited, hyderabad, shall be taken as the basis. .....

V.V. Trans-investments (P.) Ltd. Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Reported in : 1994(2)ALT87; (1994)119CTR(AP)184; [1994]207ITR508(AP)

..... . on a consideration of the provisions relating to the assessment of registered firms and unregistered firms, rejecting the contention of learned counsel for the assessee that these provisions under sections 182 and 67 of the act talk only of 'loss' and that to take this expression as including 'unabsorbed depreciation' as well will obliterate the distinction in the treatment meted out to these as separate items by section 32 (2) and section 72 (2) and (3), ..... . further, the special bench had failed to take note of the fact that the unabsorbed loss can be set off under section 72 of the income-tax act only against the profits and gains of business and not from the income under any other head, whereas the unabsorbed depreciation can be set off against the ..... 37, may within 60 days from the date of the order, prefer an appeal to the supreme court that the reference to section 100 of the code of civil procedure in section 55 of the monopolies and restrictive trade practices act amounted to repeal and re-enactment of the former section 100 and, therefore, the appeal could be maintained only on the grounds specified in the new section 100, i.e ..... . in other words, when once the provision under section 205(1), first proviso, clause (b) is incorporated in clause (iv) of the explanation to section 115j of the income-tax act, it is only the said provision that is so incorporated that has to be looked into for the purpose of interpreting the scope and ambit of clause (iv) under the explanation .....

J. Raghottama Reddy, Vs. Income-tax Officer

Court : Andhra Pradesh

Reported in : [1988]169ITR174(AP)

..... at the time of the framing of the constitution, the income-tax act in force was the indian income-tax act, 1922, but, by virtue of the general clauses act, the words 'indian income-tax act' in the said definition would now refer to the income-tax act, 1961, which means that the expression 'agricultural income' occurring in the aforesaid entries in the seventh schedule should be understood in the manner, and in the sense defined by ..... of taxation on the capital gains in such cases, a provision has been made, in a new section 54b of the income-tax act, for exempting from tax the capital gain arising from the transfer of agricultural land in certain circumstances. ..... for this purpose, the definition of the term 'capital asset' in section 2(14) of the income-tax act has been amended so as to exclude from its scope only agricultural land in india which is not situate in any area comprised within the jurisdiction of a municipality or cantonment board and which ..... gain arising from the transfer of an agricultural land, is 'agricultural income' within the meaning of section 2(1) of the act, and if so, to what extent, and in what situation this question has to be examined under several heads. ..... even today, in spite of the amendment of the definition of 'agricultural income' by taxation laws (amendment) act, 1970, the income derived from agricultural land (which included income derived from sale of such land) situated within the limits of a municipality - and its 8 kilometres' radius, if .....

The Union of India Vs. Vengunta Suryaprakasa Rao and anr.

Court : Andhra Pradesh

Reported in : AIR1967AP281

..... duties specified in the first schedule to be levied-(1) there shall be levied and collected in such manner as may be prescribed duties of excise on all excisable goods..........at the rates, set forth in the first schedule.in schedule i to the act, item 9 deals with 'tobacco'.the material provision reads thus:-'ii manufactured tobacco- (1) cigars and cheroots of which the value (ix) exceeds 14 annas a hundred but does not four annas exceed rs. ..... while the ex-factory price arrived at by working out the cost of manufacture may be a rough indication of the value, where the value as defined in section 4 of the act is not ascertainable, it is not and it cannot be the basis for determining the taxable nature or otherwise of the cheroots. ..... did not specifically consider the factors mentioned in : air1961cal477 supra and air 1963 mys 216 supra which we follow respectfully, band find out what the wholesale cash price for purposes of section 4(a) of the act as arrived at by deducting from the prices charged by the company the discount and incidental expenses ect. ..... determination of value for the purposes of duty:- where under this act, any article is chargeable with duty at a rate dependent on the value of the article such value shall be deemed to be- (a) the wholesale cash price for which an article of the like kind and quality is sold or is capable of ..... 113)'but it seems to us that the income-tax act and the central excises and salt act are not ad idem with regard to the provisions thereof .....

Mrs. Freny Rashid Chenai Vs. Assistant Controller of Estate Duty

Court : Andhra Pradesh

Reported in : [1973]90ITR31(AP)

..... for the mysore high court, held that:' where the controller has made his own valuation of the estate of a deceased person under section 36 of the estate duty act, 1953, he has no jurisdiction to rectify the assessment under section 61 on the ground that the estate has been taken at an enhanced value in the ..... the right to receive 'extra compensation' was, at best, a claim and an inchoate right and was not ' property ' to which section 5 of the estate duty act was applicable and when it was not ' property ' which passed on the death of the deceased and the charging section 5 of the act was not attracted, there was no mistake apparent from the record which could be rectified under section 61 of ..... . thus, from the aforesaid discussion, it emerges that for ascertaining a mistake which could be rectified under section 35 of the income-tax act, the income-tax officer can look not only at the assessment order of the relevant assessment year, but also the assessments of the assessee made in ..... 36itr350(sc) the learned judges of the supreme court, dealing with the case of rectification of a mistake under section 35 of the indian income-tax act of 1922, observed that:' the power under section 35 is, no doubt, limited to rectification of mistakes which are apparent from the record ..... from the above discussion it follows that a mistake which could be rectified under section 61 of the estate duty act is one which is obvious and patent from the record and not one which could be discovered by a long .....