Court : Andhra Pradesh
Reported in : 1997(2)ALT99; 1997CriLJ2599
..... by its judgment, in the said case, acquitted srikant jalagam of all the charges levelled against him. petitioners, as desired by srikant jalagam, intended to see him in bhopal central jail on 31-10-1996. srikant was, however, taken to railway station in a bus. petitioners travelled in the same bus and by their reaching bhopal, checked in a ..... of police and the assistant inspector of police. the city police force has the hierarchy - the police commissioner, deputy and assistant commissioners. inspectors, sub-inspectors and constables. these acts envisage division of the police force for different police duties and their functioning, strictly in accordance with the rules, regulations and police orders issued from time to time in this ..... p.s. mishra, c.j.1. two advocates on the rolls of the andhra pradesh state bar council have invoked this court's jurisdiction under article 226 of the constitution of india for an appropriate writ, order or direction, including declaration that the action of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1988(35)ELT38(AP)
..... of their business. it is well known that litigation of this type takes years and years to pass through the hierarchy of tribunals and courts. the position under the central excise act is no different. whereever in doubt, a dealer or manufacturer collects duty or tax, as the ase may be, from the public, and then fights the incidence in ..... ) the expression 'mistake' occurring in s. 72 is not confined to mistake of fact, but extends to mistake of law as well. this is the decision of the privy council in shiba prasad singh v. srishchandra naudi, air 1949 pc 297, which resolved the conflict of opinion among the indian high courts on the question. (ii) unlike, english american ..... fact. this difference in two types of mistakes in the formation of the contract was held not germane to invoke s. 72 of the contract act in respect of mistake of law by the privy council in shiba prasad singh v. srish chandra, (air 1949 pc 297). but the difficulty arose when the supreme court extended this doctrine for the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(5)ALD418; 2000(5)ALT468; [2002]108CompCas441(AP)
..... the consumer act provides for the constitution of consumer protection council and consumer disputes redressal agencies. chapter-iii of the consumer act provides for heirarchy of district forums, state commissions and national commission. section 12 of the consumer act provides that the complaint be made to the district forum by a consumer or the central or the state ..... passed by the clb on the proceedings before the district forum/slate commission or on the proceedings under section 27 of the consumer act.49. the clb is constituted by the central government and the said board shall exercise and discharge powers and functions as may be conferred on it by or under the ..... and shall also exercise and discharge such other powers and functions of the central government under the companies act or other law as may be conferred on it by the central government. notwithstanding subsection (1-a) of section 10-e of the companies act, the civil courts exercised jurisdiction under section 9 of the code of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(3)ALT492
..... remedy has proved useful and permanent legislation in replacement of the said rule was felt necessary and the result is the enactment of the industrial disputes act, 1947 (central act 14 of 1947) which came into force on 1-4-1997. the same was enacted pursuant to the legislative competence by virtue of entry-2 ..... government titled 'karnataka cauvery basin irrigation protection ordinance (1991)' as unconstitutional, as it affects the jurisdiction of the tribunal appointed under the central act i.e., inter-state water disputes act. in the said case, interim order was passed by the tribunal and the above ordinance was issued to nullify the efffect of the ..... petitioner-telugunadu work-charged employees state federation, nalgonda district unit-is a trade union and is the district union of telugunadu trade union council, having been registered under the trade unions act. it is stated that the petitioner comprises of 1,500 members and that the petitioner-union has been looking after the welfare of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1982]134ITR158(AP)
..... and each of the four assessment years immediately succeeding the initial assessment year:......' 3. in exercise of the rule-making power vested under s. 296 of the act, the central board of revenue has framed r. 19a, which reads as follows: '19a. (1) for the purposes of section 80j the capital employed in an industrial ..... operate such plant or plants, at any time within the period of twenty-three years next following the april 1, 1948, or such further periods as the central government may, by notification in the official gazette, specify with reference to any particular industrial undertaking; (iv) in a case where the industrial undertaking manufacturers or ..... carried on with the aid of power, or employs twenty or more workers in a manufacturing process carried on without the aid of power: provided that the central government may, by notification in the official gazette, direct that the exemption conferred by this section shall not apply to any particular industrial undertaking. (2a) this .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1992AP333
..... narrowly.' (administrative law, fifth edition, page 216).we also draw support for our view from section 21 of the general clauses act, 1897. that section makes it clear that when power is conferred by a central act or regulation, such power includes the power to 'add to, amend, vary or rescind' any action taken. when once ..... 69-f; and iv) any other matter which appears to be necessary and expedient to the government for giving effect to any agreement entered into with the central government or any other state government or the government of any other country relating to the regulation of motor transport. from the aforesaid provisions the inference follows ..... any reduction in the seating capacity, other than the variatipn due to the alterations effected in conformity with the rules made under chapter v of the, act in respect of the original permit of a stage carriage, shall be treated as variation transport facilities materially different from those authorised by such permit.' the expression .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALD29; 2001(6)ALT406
..... the revision petition by setting aside the orders of excise superintendent, kakinada, east godavari district.'wp 19492 of 2001:15. a resident of parvathipuram, a member of municipal council of parvathipuram municipality and president of the town congress, challenges the order of the 1st respondent in g.o.rt.no. 1739, revenue (excise-ill) department, ..... for the court's scrutiny of the state action. the revisional power of the state is exercised in the context of a power granted by the excise act. the act itself is a legislative measure intended to regulate the trade and business in liquor, which is constitutionally considered to be res extra commercium particularly in the ..... the standpoint of policy and expediency. the habit of mind of an executive officer so formed cannot be expected to change from function to function or from act to act. so it is essential that some restrictions shall be imposed on tribunals in the matter of passing orders effecting the rights of parties; and the least .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1977]110ITR468(AP)
..... partnership is also a partner.7. under s. 2 (31), 'person' includes by cl. (iv) a firm and s. 4 of the act, which is the charging section, provides that, where any central act enacts that income-tax shall be charged for any assessment year at any rate or rates, income-tax at that rate or those rates shall be ..... (as he then was ) in a latter case banarasi devi v. income-tax officer : [1964]53itr100(sc) .contextual theory of construction:70. the judicial committee of the privy council in canada sugar refining co. v. reg. (1898) ac 735 speaking through lord davey observed at p. 741 of the report:-' every clause of a statute should be construed ..... to assessment of firms. they are not changing sections. they are only machinery provisions.66. lord normand speaking for the judicial committee of the privy council, while interpreting s. 34 of the indian income -tax act, 1922 in commr. of income-tax bengal v. mahalingam ramjidas (1940) 8 itr 442 : air 1940 pc 124 observed: 'the section, although it .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD555; 2000(1)ALD(Cri)226; 2000(6)ALT438
..... given under the present scheme. be that as it may, we have the three lists and a residuary power. therefore, it seems to us (hat in this context if a central act is challenged as being beyond the legislative competence of the parliament it is enough if it is a law with respect to matters or taxes enumerated in list ii. if ..... apportioning the reservation as 1%, 6%, 7% and 1% for each group respectively. the act ensured that it would not apply to appointment of posts or services of central government, corporation or undertaking under the control of the central government or similarly situated educational institutions belonging to the central government. the government has been empowered to make rules to carry out the purposes of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]110CompCas193(AP)
..... in arriving at this conclusion, the board relied upon the compilation of entries in the rji register said to have been maintained under the provisions of the central excise act which contains the day-to-day particulars of opening stock production, sales and closing stock together with statement of reconciliation for the year 1994-95 and it ..... being shown properly without reference to large scale evasion of both direct and indirect taxes apart from excise duty payable to the state as well as central governments.other acts of mismanagement263. i am not adverting to the plea of the petitioner with regard to the diversion of material for construction of a community hall in ..... of the claim of a litigating party and he placed reliance on abu-bakar abdul inamdar v. harun abdul inamdar : air1996sc112 and a judgment of the privy council reported in siddik mahomed shah v. masammat saran .126. i have gone through these judgments and i have no hesitation to reject the contention of counsel, as .....
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