Court : Andhra Pradesh
Decided on : Jul-05-1998
Reported in : 1998(4)ALD689; 1998(2)ALD(Cri)195; 1998(2)ALT(Cri)596
..... 21 ipc; and he can be prosecuted only after grant of sanction by the general manager, district cooperative central bank; but not under the sanction of the district collector.the question relating to jurisdiction of special courts.7. section 83 of the act is added by way of the a.p.cooperative societies (third amendment) act, 1991 ..... misappropriation cases and suggested suitable legislation for expediting the investigation and trial of the mis-appropriation cases. accordingly, the legislature thought it fit to amend the provisions of the act and added section 83 proposing to constitute as many special courts as may be necessary for trial of the offences. accordingly section 83 of ..... or any member of the society punishable under the indian penal code. any interpretation of sections 83 and 83-a of the act is to be in the back-ground of the purposes, object that is sought to be achieved by the legislature in amending the act. the notification issued by the government in purported exercise .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-01-1998
Reported in : 1998(4)ALD336; 1998(4)ALT330
..... the above special qualification whereas the other respondents namely munivenkatappa, d.v.l.n. murthy and venkatapathi raju did not possess such special qualifications. section 8 of the amended act is in tune with the principles laid down by the supreme court in toe case of 'sampath kumar wherein it is held that in the matter of appointment ..... d. from osmania university. he did llb and llm from nagpur university and obtained first class. he served in several departments namely revenue, panchayat raj . (engineering), factories, boilers and backward class welfare. the state of a.p. by its d.o. letter no.1383/spl.a/94, dated 26-12-1994 called upon the petitioner and other ..... appointed as deputy collector by an order dated 20-12-1965. between 1965 and 1982 he received several promotions. on 3-5-1992, he was promoted to the indian administrative services (ias) from the quota reserved to the state services. he became eligible to be appointed as member of the apat. according to him, he possessed .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-23-1998
Reported in : 1999(4)ALD170; 1999(4)ALT161
..... were entrusted to cbcid. the criminal courts will decide the same. pursuant to governmental orders under section 3(1) of the criminal law (amendment) ordinance, 1944, cash in banks and lands standing in the name of the petitioner and others have been attached and they are questioned before this court. ..... attention. a notification in this behalf, empowering the commission to requisition the services of the officers in the police service of the state, including members of the indian police service (ips) allotted to the state, shall be necessary. all concerned, wherever they are, who have control and custody of the records pertaining to the ..... district was acquired, on the requisition of the irrigation department. awards were passed by the land acquisition officers after completing the formalities under the land acquisition act, 1894. not satisfied with the quantum of compensation fixed by the land acquisition officers, the awardees sought reference under section 18 and the subordinate courts of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-17-1998
Reported in : 1998(5)ALD436; 1998(5)ALT171
..... confiscation was not obligatory. in that case, the supreme court approved the view of the high court which interpreted section 11 of the opium (madhya bharat amendment) act as permissive and not obligatory, notwithstanding the use of expression 'shall be confiscated'. the supreme court observed that the use of the word 'shall' does ..... consequence of the same contravention.''32. in superintendent & remembrancer, la. w.b. v. abani maity, : 1979crilj897 sections 63 and 64 of the fiengal excise act came up for interpretation. that section provided for confiscation of a conveyance such as cart or vessel if two conditions are established - (a) that the conveyance was ..... confiscation. (2) the officer dealing with confiscation (known as 'authorised officer') and the officer seizing the forest produce etc., even, if he be the same officer acts in different capacities. the authorised officer exercising powers under section 44 (2a) and (2b) does not deal with the question of compounding at all. (3) no .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-12-1998
Reported in : 1998(4)ALD462; 1998(4)ALT543
..... that the award docs not contain reasons. in the absence of a finding that the award cannot stand in view of the mandatory requirement of giving reasons under a.p. (amendment) act 1/90 it is not proper for the lower court to sit in appeal over the award of the arbitrator. that apart, the lower court having found that the proposition ..... jurisdiction of the lower court is limited, and as such, it cannot sit in appeal over the award of me arbitrator. no doubt, after a.p. (amendment) act 1/90 to the arbitration act as mentioned above, the court is entitled to insist on reasons by the arbitrator in respect of his award. in this case, the lower court has not come to ..... works in all the three reaches; that the claims which have been allowed by the arbitrator could not be proved by the contractor as required by section 73 of the indian contract act. on point no.3 the lower court while agreeing with the learned arbitrator that the change in the depth i.e., invert level from 149 metres to 147 metres .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : May-01-1998
Reported in : 1998(3)ALD775; 1998(3)ALT310
..... of citizens, which in the opinion of the state is not properly represented in the services under the state. subsequently, by section 2 of the 1st amendment act of 1951, clause 4 in article 15 was introduced to the affect-nothing in this article or in clause (2) of article 29 shall prevent the ..... central government, administrator or a local authority; clause 2(s), 'public examination' means an examination conducted by the central board of secondary education, council for indian school certificate examinations or any other board which may hereafter be established for the purpose and recognised by the administrator or any other officer authorised by him in ..... , his other cabinet colleagues apart from the department officials filed an application for registration of the society. it is only to satisfy the requirements of the indian public schools conference for the first time, apart from the board of governors, a general body was created to confer functional autonomy for the administration of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-28-1998
Reported in : 1998(3)ALD736; 1998(3)ALT584
..... for higher education or research and scientific and technical institutions.' this entry has remained unchanged since the inception of the constitution. before the constitution (forty-second amendment) act, 1976 which came into force w.e.f. 3-1-1977. entry 11 in list ii i.e. the state list was as follows : ..... of the permission is also punishable. paragraph : 115 : section 20-a declares that on and from the commencement of the a.p. education (amendment) act, 1987, no individual shall establish a private institution. the institutions already established by the individuals however are not affected by the said provision. section 21 ..... the state government concerned dealing with technical education and director of technical education of the state government concerned, two vice-chancellors, one director of an indian institute of technology, one member from the executive committee, nominee of the university grants commission and expert members from academic institutions and industry nominated by .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-21-1998
Reported in : 1998(4)ALD268; [1998]233ITR678(AP)
..... a perquisite had been debated and the view of the government itself was that the statutory provisions did not treat it as aperquisite. consequently, taxation laws (amendment) act, 1984, introduced an amendment with effect from 1-4-1985 inserting sub-clause (vi) to include as a perquisite, the amount of interest where the loan is given interest free ..... convertibility into money or not. it is in that context, that these decisions were rendered and the supreme court also took the same view in c.i.t. v. indian engineering and commercial corporation, : [1993]201itr723(sc) . sub-clauses (iii)(c) also refers to all benefits or amenities not provided by way of monetary payments as the ..... draw your attention to sub-clause (vi) of clause (2) of section 17 which was inserted by the taxation laws (amendment) act, 1984, w.e.f 1st april, 1985 but was subsequently deleted by the finance act, 1985 w.e.f. the same date. if any assessing officer has actually treated such a differential as a perquisite or .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-19-1998
Reported in : 1998(3)ALD441; 1998(4)ALT207; 1998(61)ECC456
..... against this advance/special imprest licence shall be utilised in accordance with the provisions of the customs notification no.204 and 203 - customs dated 19-5-92 as amended from time to time. (4) in the event of the firm's failure to fulfil the export obligation within the prescribed time limit as stipulated above the ..... to the condition that the raw silk imported should be utilised for manufacturing garments which arc to be exported by respondent no.2, respondent no.1 is an indian national resident abroad doing business at hongkong in the name of unisilk. respondent no.2 did not fulfil the obligation of exporting the garments. respondent no. 1 ..... and commence by the notification in the official gazette the export and import policy and empowers the central government to amend the same. section 9 provides for the grant, renewal and cancellation of licence under the act. section 11 prohibits export and import in contravention of the rules and orders of the export and import policy for .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-24-1998
Reported in : 1998(3)ALD361; 1998(3)ALT712
..... to override the legislative judgment as to theneed for, and the wisdom of, theretrospective legislation.' in empire industries ltd. case:'that by giving retrospective effect, the amendment act of 1980 could not be said to have imposed unreasonable restrictions on the petitioners' fundamental rights under articles 14 and 19(1)(g). the petitioners had already ..... can acquire a vested right from a defect in a statute and seek a windfall from the legislature's mistakes.31. by giving retrospective effect, the amendment act could not be said to have imposed unreasonable restriction on the petitioners' fundamental rights under articles 14 and 19(1)(g). it is no doubt true ..... support of his respective contentions, relied on the following cases :(10) j.k. jute mills co., ltd., v. state of uttar pradesh and another : [1962]2scr1 . (11) indian aluminium co., v.. state of kerala and others : [1996]2scr23 . (12) hoechst pharmaceuticals ltd. and another v. state of bihar and others, 1984 .55 stc 1. (13 .....
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