Court : Andhra Pradesh
Decided on : Dec-14-1998
Reported in : 1999(3)ALD699; 1999(2)ALT352
..... nothing prevented the petitioner to invoke the said clause and determine the contract after promulgation of bp ms. no.149 dated 28-12-1996 incorporating necessary amendment. the amendment has come into force with effect from july, 1998 and that is how the bills from july, 1998 have been revised demanding difference of amount is ..... to a class of consumers and intended to operate uniformly in future. even otherwise, i do not find any stipulation in the scheme or in the indian electricity act, conditions of supply or the regulations framed by the board, which otherwise contemplates observance of any principles of natural justice.14. reliance placed by the learned ..... is required to notice that the respondent-board in exercise of the power conferred by section 49 of the electricity (supply) act, 1948 (act 54 of 1948) and all contractual, statutory and other powers made amendment by deleting a paragraph under part 'd' of lt category iii (industrial) and is substituted by the following:'the tariffs .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-10-1998
Reported in : 1999(2)ALD250
..... and it equally applies to both. it was further held that the provisions of usurious loans act, 1918 (act 10 of 1918) as amended by usurious loans (madras amendment) act 8 of 1936. section 3 of madras agriculturists debt relief act and a.p. agriculturists relief act, 1938 are not applicable to the advance made by the bank to the agriculturists. in ..... court elaborately considered the effect of section 21-a of the banking regulation act vis-a-vis the provisions of the usurious loans act and the agriculturists relief act and held that after the introduction of section 21-a of the banking regulation act, 1949 by amending act 1 of 1984 the courts have no power to scale down the ..... survives. as the liability is joint and several dl cannot escape from his liability merely because the claim as against d2 stood abated. section 43 of the indian contract act provides that when two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any one .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-02-1998
Reported in : 1999(1)ALD110; 1999(1)ALT107; 1999CriLJ1425
..... schools :--the state government may, if satisfied that any offender who has been sentenced to transportation either before or after the passing of the madras borstal schools (amendment) act, 1939 and who at the time of conviction was not less than 16 and not more than 21 years of age, might wilh advantage be detained in ..... made by the state government, if satisfied that any adolescent offender undergoing imprisonment in consequence of a sentence passed either before or after the passing of this act might with advantage be detained in a borstal school, direct that such person shall be transferred from prison to borstal school, there to serve the whole or ..... the court ordered the respondents/appellants herein to consider the representation of the petitioner/respondent herein with regard to his claim that he wasentitled to benefit under the act. the representation was decided by the government by an order dated 19th november, 1997. (0y this order the request of the respondent was rejected and he .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-12-1998
Reported in : 1999(1)ALD28; 1998(6)ALT318
..... 1996 in addition challenged the levy of 50 ps. on every rupee on chewing tobacco preparations commonly known as khara masala, kimam, zarda, dokta, sukhaand surti by amending act of 1997 (act 9 of 1997) as arbitrary, discriminatory and confiscatory and violative of article 14 of the constitution oflndia. the learned counsel for the petitioners strongly relied on the ..... goods manufactured or produced in india7'. the government of india said that the tax imposed by section 3(1) of the impugned act, in so far as it may fall on motor spirit and lubricants of indian origin, is a duty of excise within entry (45) and therefore an intrusion upon a field of taxation reserved by the ..... act exclusively for the federal legislature.'18. repelling the said contention, lawyer held as follows:'the power to make laws with respect to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-02-1998
Reported in : 1998(6)ALD547; 1998(6)ALT540
..... also has no power to modify the original declaration along with the plan made or deemed to have been made under sections 4 and 14 of the act, unless it is by way of amended declaration by all the flat owners duly executed and registered. if this is the position of law, the petitioners would not be bound by the ..... case, it is the not the case of the respondents that the original declaration contemplated under section 4 read with section 14 of the act was amended by duly executed and registered, as provided in this act. from this it follows that according to the approved plan whatever space is left for car parking in the stilt floor and whatever the ..... unless there is an amended declaration duly executed and registered by all the flat owners, there cannot be any modification to the existing plan and the building constructed according to it. it is a common principle of law that any contract prohibited by law would be a void contract. in fact section 23 of the indian contract act is to the same .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-30-1998
Reported in : 1998(6)ALD752; 1998(6)ALT730
..... iron etc., would not amount to carrying on business in the normal connotation of that term, it would be business within clause (i) as introduced by the amending act.'it was further observed:'we also think that there is no fallacy in thinking that the railway since it is concerned in the activity of transportation is engaged in ..... 2(n) arc meant to cover non-conventional sale transactions which are now specified in clause 29-a of article 366 introduced by the constitution 46th amendment act. we may recall that before the inclusive definition of the 'tax on sale or purchase of goods' was introduced by the 46th ..... (supra) and other subsequent cases, the learned judges observed that the expression 'business' was construed in its widest amplitude. reference was then made to the provisions of indian partnership act dealing with the dissolution of firm. the division bench observed thus: 'until liabilities of the firm and its partners are discharged, incomplete contracts are executed, assets of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-29-1998
Reported in : 1999(1)ALD354; 1998(6)ALT643
..... done by the government in formulating the routes would be law or would be in the nature of orders and directions.'further, the statements and objects of the amendment act are not available immediately to find out the intention of the legislature in reverting back to the old policy having liberalised the procedure for grant of permits under the ..... the matter to 20-10-1993, having noticed a new provision, section 68(3xc)(a) to the effect 'government to formulate routes for plying stage carriages' introduced by amendment act no.54 of 1994 to enable all the advocates to make their submissions and i was rising for my lunch at 1-45 p.m.. suddenly, mr. raju ..... interests of justice that an enquiry should be made into the conduct of the petitioners for offences against public justice i.e., under sections 193, 195, 196 and 200 ipc.76. accordingly, direction is given to the registrar (judicial) to draft a regular complaint by going through the judgment, the affidavits filed in support of the writ .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-22-1998
Reported in : 1998(6)ALD738; 1999(1)ALT6
..... petition. it is not sufficient if only some questions relating to the factual position, as to the applicability of the act to the land in question, its inclusion in the peripheral limits, the date of extension of amended master plan, eligibility to seek exemption if any in view of its long possession and enjoyment by the petitioners. without ..... any clearance or exemption certificate from the special officer-cum-competent authority under urban land ceiling act.28. from the above information and for the following reasons that from schedule i to the act, the date on which the ulc act came into force, the amended master plan, g.os., and memos issued by the government and the huda time ..... at the time of coming into force of the a.p. urban land (ceiling & regulation) act, 1976 hereinafter referred to as 'the act 1976', which came into effect w.e.f. 17-2-1976 or when the master plan was amended or subsequent to that. the village guttala begumpet situated prior to madapur village is not shown in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-16-1998
Reported in : 1998(6)ALD378; 1998(5)ALT772
..... necessary expertise and the knowledge of law to discharge the important intricate and constitutional functions of judicial review of legislation;(v) that the forty second constitution amendment act, aimed at creating tribunals in view of the large scale pendency of service matters in the high courts and to reduce the burden of the high ..... now concisely stated, the points which arise for consideration are:(i) whether judicial review under articles 226/227 of the constitution is a basic feature of the indian constitution and did it undergo any change in view of chandra kumar's case (supra)?(ii) whether the directions by the supreme court in chandra kumar's ..... if not, what is its status and nature of functions?(iv) whether several provisions of the administrative tribunals act, 1985 are an affront to independence of judiciary and thus violative of basic feature of the indian constitution and are liable to be struck down as ultra vires the constitution?(v) whether the qualifying mark prescribed .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-06-1998
Reported in : 1998(6)ALD362; 1998(6)ALT157
..... commission is consulted in this regard nor any other material to show that the corporation while adopting the andhra pradesh revised pension rules, 1980 made any amendment dispensing with the requirement of consultation with the andhra pradesh public service commission. the whole exercise of adopting the andhra pradesh revised pension rules, 1980 ..... under law to continue the disciplinary proceedings against his employee after the employment ceased and the only exception to this rule being public service under the indian constitution. by express provisions under the rules governing the various services under the government, the government is empowered by law to continue the disciplinary ..... corporation's board, the further fact that the resolution is given effect to, has not been demonstrated. assuming further that such a resolution has been acted upon, it becomes an unilateral declaration on the part of the employer to create a fresh condition of the service. there is nothing on the record .....
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