Court : Andhra Pradesh
..... court of madhya pradesh, indoor bench. it may also be noted that there is no challenge to the permission granted by the government of india, ministry of labour and employment under section 25(o) of the act by order dated 25/27.3.2008. this court is conscious of the scope of the interference under article 226 of the ..... be dismissed. he further submits that pursuant to the modification of the order dated 27.2.2008 ministry of labour and employment, government of india by proceedings dated 14.07.2008 granted permission under section 25(o) of i.d. act for closure of 7 units of the cci viz., 1) mandhar, 2) kurkunta, 3) akaltara,. 4) cherki dadri, 5) ..... to the statutory scheme and scope of sections 15 to 19 of the act. further, there is no dispute with respect to the specific contention that the permission granted by the government of india, ministry of labour and employment under section 25(o) of the industrial disputes act, 1947 and the failure of the challenge to the same before the .....
Tag this Judgment!Court : Andhra Pradesh
..... and g.os in pursuance of the power conferred on it under article 162 of the constitution of india. it is needless to say that memos or g.os issued by the state government must be in consonance with the provisions of the act. the government cannot, however, supersede the statutory provisions by way of administrative instructions. no instructions can be issued or be ..... rejected. 13. the memo dated 15.10.2008 is more in the nature of administrative/executive instructions issued by the government under article 162 of the constitution of india. the requirement of according sanction is under section 19 of the prevention of corruption act, 1988. such an exercise of statutory power cannot be curtailed or negated by executive/administrative instructions. if the rules .....
Tag this Judgment!Court : Andhra Pradesh
..... repealed or superseded by the parliament, it should be in force. sections 18(3) and 8(2) of the indian independence act refer to the continuation of the government of india act, 1935. latter, by virtue of article 372(1) of the constitution of india, the provisions of the ordinance have been in force, however, with certain modifications. the ordinance was promulgated with an avowed ..... to make laws; and any ordinance made under this section is subject to the like disallowance as an act passed by the indian legislature, and may be controlled or superseded by any such act.), as set out in the ninth schedule to the government of india act, 1935. section 72 emphasises that, any ordinance made under this section is subject to the like disallowance as .....
Tag this Judgment!Court : Andhra Pradesh
..... under section 2(na) of pmla, which is as follows: 2 (na) investigation includes all the proceedings under this act conducted by the director or by an authority authorised by the central government under this act for the collection of evidence. ? proceeds of crime are defined under section 2(u) and person is defined under ..... . learned additional solicitor general submits that the petitioners, being not accused under pmla, the question as to violation of article 20 of the constitution of india does not arise. 19. with the aforesaid basic submission, learned additional solicitor general proceeded to make further submission on the assumption that the petitioners are ..... summons, would compel the second petitioner to give incriminating statement and documents under compulsion, thereby violate the protection available to him under the constitution of india as well as under criminal procedure code. 2) it is stated that the impugned summons is issued in exercise of powers under section 50 of pmla and .....
Tag this Judgment!Court : Andhra Pradesh
..... two provisions would show that (1) whenever a person is aggrieved by an order passed by mandal revenue officer (mro) under section 4(1) of the act 1977 resuming the land to the government, an appeal would lie to the revenue divisional officer (rdo) having jurisdiction; (2) if an adverse order is passed by the appellate authority, aggrieved person ..... the regularity, correctness, legality or propriety of the order passed by the joint collector or by any other authority subordinate to the government. in a case where there is a violation of section 3 (1) of the act, 1977, and in case of any action is being initiated by an officer not below the rank of mandal revenue officer, ..... or as a house-site on the date of such commencement. section 3 (1) of the act provides that any land assigned by the government to a landless poor person shall not be transferred to any person either before or after commencement of the act. sub-section (3) of section 3 makes it clear that any transfer or acquisition in .....
Tag this Judgment!Court : Andhra Pradesh
..... in column nos. 12 and 13 shown as blank which shows the investigating officer not examined any witness that the s.c.and st (poa) act, 1986 is a special act and the government appointed a senior officer of the cadre of deputy superintendent of police to investigate and the investigating officer no way shown he was duly appointed under rule ..... legislative mandate engrafted in sub section (1) of section 197debarring a court from taking cognizance of an offence except with the previous sanction of the government concerned in a case where the acts complained of are alleged to have been committed by a public servant in discharge of his official duty or purporting to be in the discharge of ..... raised at any stage and in matajog dubey supra it was held section 197 of cr.p.c is not ultra vires to article 14 of the constitution of india, and it is imperative to obtain sanction of the alleged offence is committed in discharge of official duty by the accused in saying without sanction the proceedings are .....
Tag this Judgment!Court : Andhra Pradesh
..... agreed for the modification of aforementioned direction (iii) pending consideration of other points canvassed in the batch of cases. the regional centres of all india council for technical education (aicte) and appellant-university shall constitute minimum 25 committees/teams for inspection of the respondent-colleges, having two members nominated ..... affiliation was refused/denied, filed the writ petitions, including the respondent-colleges in the instant ten appeals, under article 226 of the constitution of india. since the affiliation was finally rejected or denied of some courses after undergoing the process of initial consideration by the university and by its appellate ..... educational and research institute (supra) considered the question whether the state government has power to grant or withdraw the permission to start a technical institution as defined in the aicte act, after coming into force of the said act. while answering the question in the negative, the supreme court observed that .....
Tag this Judgment!Court : Andhra Pradesh
..... are thereby validated. that being so, the said elections must be deemed to have been validly held under the act and the life of the newly elected municipality would be governed by the relevant provisions of the act and would not come to an end as soon as the ordinance expires. therefore, we do not think that ..... proposing to acquire premises no.5-1912, putli bowli, hyderabad admeasuring 1371 sq. yards as illegal and violative of chapter ii of the central act 30 of 2013 and the constitution of india. 2. petitioners states that a dealership agreement was entered into by and between the hindustan petroleum corporation limited (hpcl) with the petitioner, as ..... central ordinance was published in the extraordinary gazette of india no.28 dated 30.05.2015 inserting section 10(a) in chapter iii-a and the powers whereunder were delegated to the appropriate governments to exempt certain projects from the applicability of chapters ii and iii of the central act 30 of 2013. accordingly, it is stated that .....
Tag this Judgment!Court : Andhra Pradesh
..... to the maintenance of public order; 2. and whereas, the government have accorded approval of the said detention order under sub-section (3) of section 3 of the act, vide government orders second read above; 3. and whereas, under section 10 of the act, government within three weeks from the date of detention of a person under ..... for arriving at subjective satisfaction in english and telugu languages, and thereby deprived him of making effective representation under article 22 (2) of the constitution of india; two, the detaining authority came to the conclusion that he was satisfied from the material placed before him that the detenu deserves to be detained under section ..... the present case. we have been observing that the detaining authorities are not following the procedure contemplated under the provisions of 1986 act or article 22 of the constitution of india or the procedure recognized/laid down through the pronouncement of judgments by the supreme court and this court, and as a result .....
Tag this Judgment!Court : Andhra Pradesh
..... the land was adapted for the purpose for which it was sought to be acquired. it is only under s.6 that a firm declaration has to be made by government that land with proper description and so as to be identifiable is needed for a public purpose or for a company. what was a mere proposal under s.4 becomes ..... which review w.a.m.p.no.1546 of 2014 is stated to be pending, at the instance of the government. (b) while so, notification, dated 12-02-2015 was issued by the 2nd respondent under section 11(4) of the central act 30/13 proposing to acquire the land admeasuring 4930 sq. yards in t.s.no.16/2/2. the ..... person and adduce oral and documentary evidence in support of their objections and in response thereto, the petitioners filed claim petition on 13-04-2015 claiming compensation under the central act 30/13. it is also stated that the petitioners have correctly mentioned the exact details and location of the property under the acquisition and as such clearly identified the property .....
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