Court : Andhra Pradesh
Decided on : Mar-12-1998
Reported in : 1998(2)ALD699; 1998(2)ALT542
..... 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 the case of 'sampath kumar wherein it is held that in the matter of appointment to ..... university. he'did l.l.b. and ll.m., 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 eligible ..... and appointed as deputy collector by an order dt: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 stale 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 : Mar-12-1998
Reported in : 1998(2)ALD548; 1998(3)ALT67
..... important question of law arises for consideration in this case relates to the nature and scope and content of sections 14 and 17 of the indian arbitration act, 1940, as amended by a. p. amendment act 1 of 1990.9. we will first deal with the question of law that arises for consideration and then proceed to consider as to ..... an inseparable part of the total reasons for his award. ' 36. section 1(5) of the arbitration act, 1979, is some what similar and analogous to proviso to section 14 of the indian arbitration act, as amended by the a.p. amendment act 1 of 1990. in this decision it is held in categorical terms that the expression 'reasons' cannot be ..... has not been the law for nearly seven/eight decades. the apex court also noted the various reasons given by the indian law commission for not recommending to the government to introduce an amendment in the act requiring arbitrators to give reasons for their awards. the apex court felt that it is the matter of legislativepolicy which should .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-12-1998
Reported in : AIR1998P& H140; (1998)119PLR393
..... , 1993 pun lj 736: (air 1994 punj & har 47) has taken a similar view following the aforesaid judgments of the apex court.9. after the constitution was amended by the constitution (seventy third) amendment act, 1992 w.e.f. 24-4-1993 when part ix relating to the panchayats was introduced, the punjab gram panchayat ..... act, 1952 which was applicable to the state of haryana was repealed and the act came into force w.e.f. 22-4-1994. in the repealed act it was provided in section 13-o ..... conduct of the election process right from its very beginning up to its final culmination with the declaration of the election results. mere fact that neither under the act nor under the rules framed by the state legislature any remedy has been provided against illegal rejection or illegal acceptance of nomination papers or illegalities or irregularities committed .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-12-1998
Reported in : 1998(3)BomCR837; 1999(1)MhLj462
..... as well as by any further statutory changes those may be brought about in such law. now if we peruse the preamble of the new act, it is seen that it reads thus:'an act to consolidate and amend the law relating to domestic arbitration ..... and for matters connected therewith or incidental thereto.'the statement of objects and reasons as given in the ..... arbitration in india is at present substantially contained in three enactments, namely the arbitration act, 1940. .....'.in other words, the new act has come into force as a result of consolidation and amendment of all the laws relating to arbitration - domestic as well as international, which include the old act. being so, considering the clause 25 in the agreement which provides that '..... or any .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-12-1998
Reported in : 1998(2)ALD816; 1998(2)ALT803
..... n. srinivasulu reddy, 1984 ls 129 in support of his contention. he further submits that the plaintiff, no doubt has sought for alternate relief of damages by amending the plaint, but he did not waive or give up the main relief, and therefore, he is entitled to the main relief only. even in the notices issued ..... of the defendants, plaintiff filed the suit for specific performance of agreement for sale.3. originally, the plaintiff did not ask for alternate relief, but later he amended the plaint by including alternate relief for refund of earnest money, together with interest.4. as dr. e.n. das died, his legal representatives defendants 4 to ..... specific performance, the court shall be guided by the principles specified in section 73 of the indian contract act, 1872. section 73 of the contract act deals with compensation for loss or damage caused by breach of contract. section 23 of specific relief act, 1963 deals with power of the court to grant specific relief including refund of earnest .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-12-1998
Reported in : (1998)148CTR(MP)636
..... but before 1-4-1987, for the purposes of business of repairs to ocean-going vessels or other powered craft if the business is carried on by an indian company and the business so carried on is for the time being approved for the purposes of this clause by the central government.'18. section 80hh, relevant ..... steel tubes of india p. ltd. : [1982]138itr619(mp) , abhinendra kumar v. cit : [1984]150itr189(mp) , travancore rayons ltd. v. ito : [1977]109itr43(ker) , cit v. indian institute of public opinion co. p. ltd. : [1982]134itr23(delhi) and cwt v. ginni devi jalan : [1990]186itr168(patna) .12 the respondents have submitted reply in oppugnation.13. it has ..... said section and to ascertain, whether the authorities concerned have acted within the powers conferred on them. relevant section 154, as it existed then, is reproduced hereinbelow:'154. (1) with a view to rectifying any mistake apparent from the recordthe income tax officer may amend any order of assessment or of refund or any other order .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-10-1998
Reported in : 1998(2)ALD793; 1998(2)ALT641
..... the true meaning and purport of subsection (1) of section 47-a of the act, even before the amendment of section 47-a by a.p. amendment act 17 of 1986 which had come into force with effect from 16-8-1986. of course, after the amendment the registering authority is bound to keep the instrument pending if he has reason ..... been truly set forth in the instrument and refer the matter to the collector for determination of the market value and the duty payable thereon. even before the amendment, the registering authority is duty bound to refer the matter to the collector without any delay. the rule provides that the registering officer while reaching the opinion that ..... instrument to the collector for adjudication as to the market value of the property stated in the said document. the learned counsel referred to the principle that an amendment which is by way of clarification of an earlier ambiguous decision can be useful aid in construing the earlier provision. it is one of the known principles of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-10-1998
Reported in : 1998(1)MPLJ529
..... the revision preferred by him. to overcome this technical hurdle mr. gupta, learned counsel for the petitioner, as has been indicated before, filed an application for amendment to challenge the orders initially passed by the learned magistrate and in the revision so that he could address this court with regard to the indefensibility of the said ..... the petitioner has been arrayed as an accused in connection with a crime instituted for offence punishable under sections 147, 148, 302/149 and 324/149 of indian penal code. he was arrested on 29-7-1996 by the investigating agency and was produced before the judicial magistrate first class, barasia who remanded him to custody ..... the magistrate forwards the record to the competent court, then the juvenile courts shall proceed with the matter in accordance with the section 8(2) of the act and after conducting enquiry determine the age of the delinquent juvenile. this view has been taken in the decisions rendered in the case of suresh agrawal v. state .....
Tag this Judgment!Court : Chennai
Decided on : Mar-10-1998
Reported in : [2000]107TAXMAN574(Mad)
..... excuse. the trial court has the power to call for the production of the affidavit either from the prosecution or from the respondents under section 165 of the indian evidence act. the trial court failed to see that the complaint was instituted well before the omission of the penal section 276dd, and in view of the provisions of ..... under section 276dd if he proves that there was reasonable cause for such failure. but the words 'if lie proves' are absent in the original section 276dd. after amendment of section 278aa, the burden lies upon the accused to prove that there was reasonable cause for such failure. but the accused are alleged to have contravened section ..... section 271(1)(a) reads 'as without reasonable cause fail to furnish'. sub-clause (b) reads ,as without reasonable cause fail to comply with the notice'. as per amended section 276c which came into effect from 1- 10- 1975, if a person wilfully attempts to evade any tax, penalty, or interest, he shall, without prejudice to any .....
Tag this Judgment!Court : Chennai
Decided on : Mar-09-1998
Reported in : 1999(114)ELT398(Mad)
..... of 1981 as amended from time to time which ex-empts customs duty on the articles set out in the notification. but the customs authorities disallowed the claim of exemption and assessed ..... equipments and sup-plying the same to several government hospitals. the petitioner imported 1,10,000 pcs. containing 220 cartons of infusion sets 'jms' brand, m.v. indian courier under the bill of entry/rotation no. 900/88, dated 28-10-1988 and claimed concessional assessment for the above said imported goods under customs notification no. 208 ..... these life saving equipments are exempted from payment of duty as per the notification no. 208 of 1981 as amended now and then, in exercise of powers conferred by sub-section (1) of section 25 of the customs act, 1962 (52 of 1962) and in supersession of the notification of the government of india in the department .....
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