Court : Andhra Pradesh
Reported in : I(1988)ACC510
..... ahmedabad municipal corporation 1978 acj 485 (gujarat), after referring to a claim of rs. ..... delhi municipal corporation 1985 acj 645 (sc), this sum will carry interest at 12% p.a. ..... kaye 1958-65 act 208 (ca, england), the majority of the court of appeal and in 1964 in h. ..... 25,000/-towards pain and suffering and loss of amenities of life for loss of one eye in an accident which took place on 12-2-1974. ..... such an act or neglect would be a novus actus inter-veniens which breaks the causal sequence. ..... it is perhaps more accurate to say that the plaintiff cannot recover damages for any aggravation or prolongation of his injuries which is due to his own wilful act or neglect. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1988AP226
..... the interpretation act of 1889 which provided that a repeal, unless a contrary -intention appeared, did not affect the previous operation of the repealed enactment or anything duly done or suffered under it and that any investigation, legal proceeding or remedy might be instituted, continued or enforced in respect of any right, liability and penalty under the repealed act as if the repealing act had not ..... therefore to be treated as a substantive right vesting in the litigant of the commencement of the action, the question will still arise whether there is anything in the repealing act which shows a 'contrary intention' on the part of the legislature not preserving that substantive right of appeal. ..... the most important aspect stated in the above judgment is that we have to consider the terms of the repealing act and to find out as to how far it is positively- inconsistent with the previous law or the various sub ..... 97(3) clearly states - without any vagueness at all - that the principal act as amended by the 1976 act shall apply to every suit, proceeding appeal or application pending at the commencement of the repealing act (or initiated or filed after such commencement) notwithstanding the fact that the right or cause of action in pursuance of which such suit, proceeding, appeal or application is instituted or filed, had been acquired or ..... commission in its27th, 40th 54th and 55th reports, the civil proceditre code (amendment) bill, 1974 was introduced in the lok sabha in april, 1974. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1990]181ITR119(AP)
..... income or property which has not been, or would not be, disclosed for the purposes of the indian income-tax act, 1922 (11 of 1922), or this act (hereinafter in this section referred to as the undisclosed income or property), then, - (a) the director of inspection or the commissioner, as the case may be, may authorise and deputy director of ..... issued will not, or would not, produce or cause to be produced, any books of account or other documents which will be useful for, or relevant to, any proceeding under the indian income-tax act, 1922 (11 of 1922), or under this act, or (c) any person is in possession of any money, bullion, jewellery or other valuable article or thing and such money, bullion, jewellery or other valuable article or thing represents either wholly or partly ..... to in sub-section (1) or sub-section (1a) may impound and retain in its custody for such period as it thinks fit any books of account or other documents produced before it in any proceeding under this act : provided that an income-tax officer or and assistant director of inspection shall not - (a) impound any books of account or other documents without recording his reasons for so doing, or (b) retain in his custody ..... (13) the provisions of the code of criminal procedure, 1973 (2 of 1974), relating to searches and seizure shall apply, so far as may be, to searches and ..... a four -storeyed building bearing municipal no. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1989]175ITR203(AP)
..... on this basis, the assessee argued that the annual letting value of the property which could be included under section 64 of the act should only be in respect of that part of the property which could be said to have been transferred by the assessee to his wife otherwise than ..... filed by the assessee before the tribunal in relation to the assessment years 1974-75 and 1976-77, a common question arose regarding the income from the property to be added in the assessment of the assessee, nawab hashim jah, under section 64 of the income-tax act (hereinafter referred to as 'the act'). ..... of municipal taxes ..... question, therefore, is :whether under section 64 of the act, the annual letting value referable to the entire amount of ..... the provisions of section 64 of the income-tax act, as it stood then and in so far as they are relevant for the present purpose, read as follows ..... 36,516, alone is includible under section 64 of the act in his assessment, the department contends that the entire annual letting value referable to the total ..... whether the income derived by the assessee's wife from the deposits and shares should be assessed in the hands of the assessee-husband under section 16(3)(a)(iii) of the indian income-tax act, 1922, corresponding to the provisions of section 64(i) of the present act of 1961. ..... section 64 of the act aims at foiling an individual's attempt to avoid or reduce the incidence of tax by transferring assets to the spouse or minor child or adopting any other modes covered by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1989AP96
..... the petitioners has contended that on expiry of two months' time grnted in the judgment, the respondent unless gives satisfactory explanation, his non-compliance constitutes wilful disobedience under section 2(b) of the contempt of courts act and becomes liable for punishment under section 12 thereof; it expiered in this case on april 11, 1988; no explanation has been given as to why it was lot complied with during that period; the ..... legislate on the right to admit the private educational institutions to grant-in-aid subject to its financial commitment in the annual budget under section 42 and the fulfilment of the conditions prescribed under section 21 of the education act; when complaints have been received of ineligibility and misuse of grant-in-aid, the legislature is free to make law afresh and in that process it is free to engraft by legislative device of employing non obstante clause ..... : [1970]3scr745 the municipal board levied cess under section 51 of the central provinces local self-government act 1921) at the rate of 3 pies per ton on coal extracted within the area, which was later ehnanced from time to time up ..... of 'house' was suitably amended and also the assessments made were validated by the amendment and validation act, 1974. ..... act was repealed with effect from june 11, 1948 by the central provinces and bcrar local government act ..... disputed before us that the buildings constructed by the respondent meet fully the requirements of section 2(15) as amended by the act of 1974. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1989AP159
..... petitioner has completed the course of study, there is no illegality in cancelling the provisional admission given to the petitioner this court would be loath to exercise its constitutional duty under article 226 of the constitution encouraging such acts of fraud perpetuated and perpetrated by plains people and would wield the power to elongate and enliven the constitutional promise of social and educational justice to the tribals, lest it would be a teasing illusion to the vulnerable ..... petitioner and his sister(sridevi) studied from class i to class v in the municipal sriram pathasala, visakhapatnam during the years 1968 to 1972. ..... 28, 1974 duly enclosing thetransfer certificate from the municipal highschool, ..... a change of one's position for the worse in consequence of reliance on another's act, is an important clement in estoppel if there is no change of position to one's hurt or harm, or no estoppel ..... doctrine of equitable estoppel applies to a ease where a person is given an unequivocal assurance ami on the faith thereo, he acted detrimental to his interest and he suffered an irretrievable injury in that pursuit. ..... the transfercertificate from the municipal high school,srikakulam also shows that the first petitioneris kapu ..... an event, having made such a promise the maker thereof is precluded to resile therefrom and pass a order detrimental to the interest of the person who believed me promise and placing reliance thereon acted on that basis and he cannot adequately be compensated. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(3)ALT69
..... the ordinance was operative only till the expiration of six weeks from the reassembly of the legislature but the repealed act was not reenacted, so the impugned proceedings are without the authority of law. ..... sri khader ali khan, the learned standing counsel for the municipal corporation of hyderabad appearing for respondents 2 and 3, submits that the ordinance contemplates issuance of notification for bringing the ordinance into force and no notification bringing the ordinance into operation was issued, consequently the repeal of section 67 never took effect, as such the impugned act is very much in force, so the action taken pursuant to the act is legal and valid. ..... rao, the learned counsel appearing for other writ petitioners contended that under section 1(3) of the act, a notification by the 1st respondent-government is necessary, without which the act cannot be applied to the municipal corporation of hyderabad and as no such notification was issued, the act is not applicable to the municipal corporation as such all the proceedings are without the authority of law. ..... of their intention of applying the provisions of the act to the municipality or municipal corporation, giving two months time for filing objections and on receipt of objections, if any, consider them, they cannot issue a notification applying the act and unless a notification is issued under sub-section (3) of section 1 of the act in respect of a municipal corporation or municipality the act cannot be applied to it. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1989]179ITR442(AP)
..... it recommended that (i) benami transactions should cover all kinds of property; (ii) entering into a benami transaction after the commencement of the act should be declared an offence, exempting from it a transaction entered into by a husband or father for the transfer of property in the name of the wife or unmarried daughters, as the ..... said : 'we have the three lists and a residuary power and, therefore, it seems to us that in this context, if a central act is challenges as being beyond the legislative competence of parliament, it is enough to enquire if it is a law with respect to matters or ..... repeals sections 81, 82 and 94 of the indian trusts act, section 66 of the code of civil procedure and section 281a of the income-tax act ..... devolution of agricultural land' fell within the provincial list (entry 21 in list ii), and also because the act was relatable to entry 7 in list iii ('wills, intestacy and succession, save as regards agricultural land') which expressly excluded agricultural land, the act was ultra vires the powers of the central legislature, in so far as it applied to agricultural land ..... harbhajan singh dhillon : [1972]83itr582(sc) , the constitutional validity of section 24 of the finance act, 1969, which amended certain provisions of the wealth-tax act, 1957, so as to include the capital value of agricultural lands for computing net wealth, was questioned as ..... in the code of criminal procedure, 1973 (2 of 1974), an offence under this section shall be noncognizable and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1995)IIILLJ740AP
..... section 7 provides for the registration of certain establishments and lays down that every principal employer of an establishment to which the act applies shall within such period as the appropriate government may, by notification in the official gazette, fix in this behalf with respect to establishments, make an application to the registering officer in the prescribed manner for registration of the ..... hargopal's case (1 supra), the supreme court considered the meaning of ''establishment in public sector' as defined in section 2(f) of the employment exchanges act, and held that the government offices are also included in the expression 'establishment in public sector'. ..... in hargopal's case (1 supra) their lordships, after explaining the scope of section 4 of the employment exchanges act, considered the submission whether the departmental instructions to the effect that the employment should be through employment exchanges offend articles 14 and 16 of the constitution and held that they do ..... the learned counsel for the contract labour strenuously contended that the provisions of the act apply to these contract labour and consequently they become employees and the company comes within the meaning of employer and therefore it is only a question of absorbing the contract labour for which the company ..... may be that the contract labour come under the definition of employees within the restricted meaning as mentioned in the act ; but that does not mean that they are the regular employees. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(2)ALT203
..... presumably the position is similar under both the enactments and that is the reason why the supreme court after referring to the case law concerning representation of the people act and conduct of elections rules, observed:'thus the settled position of law is that the justification for an order for examination of ballot papers and recount of votes is not to be derived from hind sight and by the result of ..... considering the fact that the total number of votes is only about 1500 and in the absence of statutory provisions analogous to the representation of the people act and the conduct of elections rules, it cannot be said that the the material facts stated in the election petition are vague subjecting the returned candidate to the d ability of not knowing the case he has to met;11. ..... after adverting to the r able of the previous decisions and after noticing the relevant provisions in the representation of the people act and conduct of elections rules the supreme court held that the election petition must contain an adequate statement of the material facts on which the petitioner relies and the election court must be prima facie ..... '(paras 13 and 14 at p.643)the position obtaining under the representation of the people act or other enactments concerning elections to municipalities and panchayats bears no acceptable analogy to elections conducted under the co-operative societies act. ..... sumer chand, : [1974]3scr358 . .....
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