Court : Andhra Pradesh
Reported in : II(2002)ACC130; 2001(5)ALD711; 2001(5)ALT487
..... to grant a stage carriage permit, may grant the permit for a service of a stage carriage of a specified description or for one or more particular stage carriages, and may, subject to any rules that may be made under this act, attach to the permit any one or more of the following conditions, namely :--(i) that the vehicle or vehicles shall be used only in a specified area, or on a specified route or routes;(ii) the minimum and maximum number of ..... be, shall not grant any permit except in accordance with the provisions of the scheme :provided that where no application for a permit has been made by the state transport undertaking in respect of any notified area or notified route in pursuance of an approved scheme, the state transport authority or the regional transport authority, as the case may be, may grant temporary permits to any person in respect of such notified area or notified route ..... petition was filed by the andhra pradesh state road transport corporation (for short 'apsrtc') questioning the notification issued by the state transport authority permitting variation of the conditions ..... prevail over an inter-state agreement or conditions ..... in terms of the said inter-state agreement the maximum number of vehiclesthat could be plied ..... the existing inter-state operators have been exempted from the ..... some inter-state routes were nationalised in the year 1976 in relation whereto the approved scheme was published ..... is permit holder of an inter-state route from aragonda to vellore .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALD67
..... petitioner is the state carriage permit holder of aii inter-state route plying the state carriage from bangalore of karnataka state to ananthapur of a.p.state. ..... however, learned counsel for the 3rd respondent submits that though the full bench decision governs the case to the extent that the state transport authority has got jurisdiction to vary the conditions of the permit, the writ petition has to fail in view of existence of approved schemes touching the variations of the route, which is sought for, whose conditions ..... it has been held by the very same full bench that once a scheme was published the embargo under section 68-ff of the act operates even to the grant of variations of a permit in respect of any notified area or notified route, except in accordance with the provisions of the ..... raised before us by the learned counsel for the petitioner is that the decision of the division bench in the above case (supra) was overruled, to the extent that it laid down the proposition that the state transport authority has no power to vary the conditions of permit granted, holding that the state transport authority has got undoubted jurisdiction to vary the conditions of permit granted, by a decision of full bench in k.ramanna v. ..... said appeal forms a batch of appeals filed by karnataka road transport corporation, bangalore and others questioning the grant of variation by the state transport authority, bangalore, in favour of the petitioner, on the route lying within the karnataka state. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP227
..... rural areas 1-89__________________________________________________________________________________ note: for the purpose of this notification, urban areas shall consist of corporations, all municipalities under the andhra pradesh municipalities act, 1965 and taluk headquarters not being municipalities and rural areas consist of the rest of the state' it is this notification that is now impugned by various bidi manufacturers, in these writ ..... rolling 1,000 bidis in urban areas (including gharkatha) 2-00(ii) for rolling 1,000 bidis in rural areas 1-85* * * * * * *__________________________________________________________________________________ note: (1) for the purpose of this notification urban areas shall consist of corporations, all municipalities under the andhra pradesh municipalities act, 1965 and taluk headquarters not being municipalities and rural areas consist of the rest of the ..... the purpose of this notification, urban areas shall consist of corporations, all district head quarters' towns, municipalities under the district municipalities act, city and town municipalities in the telangana region, and the rural areas consist of the rest of the state. ..... the learned counsel is that the notification is void because it purports to divide the state into two zones, 'andhra area' and 'telengana area' according to the learned counsel such division into zones is not authorised by section 3 of the minimum wages act, section 3 in so far as it is material for the disposal of these .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP237; [1959]10STC263(AP)
..... soundness of the contention that the moment a territory formerly covered by one state is constituted into a separate state all the laws previously in force within that territory are wiped out, in view of the specific provisions in the andhra state act dealing with the local extent of laws.it is not section 54 of the andhra state act that is the source of authority for the andhra state legislature to legislate for the state of andhra, as wrongly conceived by the learned counsel for the petitioners. ..... it is in these terms:'the madras sales of motor spirit taxation act 1939 (act vi of 1939) as in force at the commencement of this act in the territories of the state of andhra pradesh which, immediately before the 1st november, 1956, were comprised in the state of andhra, (hereinafter referred to as the principal act), as amended by sections 4 to 11, is hereby extended to and shall be in force in the transferred territories. ..... the argument that any amendments to the madras saks of motor spirit taxation act 1939 (act vi of 1939) as adapted by the state, of andhra pradesh get incorporated in the original act is without any basis and does not deserve much thought. ..... it is not by virtue of any of the sections of the andhra state act that the legislature of a newly formed state could make laws for the people of that state.it is the constitution that clothes these bodies with such power and it is traceable to articles 245 and 240 of the constitution. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD197
..... money or other property or has been guilty of breach of trust in relation to the society or has caused any deficiency in the assets of the society by breach of trust or wilful negligence or has made any payment contrary to the provisions of this act, the rules or the bye-laws, the registrar himself, or any person specially authorised by him in this behalf, of his own motion or on the application of the committee, liquidator or any creditor or contributor, may inquire into ..... . 314 agriculture and cooperation (co-op.iii) department dated 26.12.2000, the relevant para reads as follows:'now, therefore, in exercise of the powers conferred by section 131 of the andhra pradesh co-operative societies act, 1964 (act 7 of 1964), the government of andhra pradesh hereby direct the registrar of co-operative societies to take action accordingly in matters relating to the staffing pattern, qualifications, pay-scales and other allowances for employees of the societies, in accordance ..... central bank limited and to the chairman, district co-operative central bank limited stating that in case the provisions of section 116-c(i) of the act is not complied, they are advised to seek exemption from the provisions of the act upto 30.6.2003 and also to bring down the expenditure for a period of three years within 30% of the gross profit and also to fill up the existing vacancies as per the sanctioned strength by promotion or in compliance with section ..... raghunath, : (1957)illj27sc . 2. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1979AP92
..... and section 45 (2) refer to the plying of vehicles in two or more regions lying in different states and not in particular to routes covered by inter-state agreements as there is no provision in the motor vehicles act restricting the power of the respective states restricting their right to the allotment of inter-state routes to one or the other state obviously it is that state to which the route is allotted that would grant the permit. ..... 45 or any other provision of the motor vehicles act does not prescribe the authority before which an application for the grant of a permit on an inter-state route should be made, obviously for the reason, that the inter-state agreement itself which allots a particular interstate route to a particular state, may provide that that state may issue permits or leave it to be issued in accordance with the act and the rules made thereunder in this context it is pertinent to recall that the supreme ..... transport authorities of tamil nadu granted a permit on the said mute to one tirumala reddiyar, subsequently, the authorities concerned increased the number of vehicles to be plied on the said route and the madras state road transport corporation granted two permits on the said route which were subsequently varied up to kadalur. ..... andhra pradesh state road transport corporation, (1978) i aplj (hc) 492 ..... hatch impleading the state or tamil nadu, the pallavan transport corporation ltd. ..... )/19/(1) of 1977 dated 15-4-1977 of the pallavan transport corporation ltd. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP502
..... contract would be governed by the said bye-laws for the purpose of arbitration and appeals in case of dispute, the sale transaction thereunder is not a sale in the course of inter-state trade as delivery is contemplated to be effected in the state itself and the movement of the goods thereafter would largely depend upon certain circumstances and conditions which in no way form part of the sale transaction and with which the seller is ..... assumed that thesale was in the course of inter-state trade, the transactions for the questioned period were protectedby the president's sales tax laws validation act(vii of 1956) which act was brought into questionin sudararamaier and co. v ..... goods sold were admittedly transported outside the state of madras it was held that antecedent to the transport the property in the goods had passed to and had vested in the purchaser and that it was as his goods the purchaser transported them out of the state, such transport does not render the antecedent transaction of sale, a sale or purchase in the course of inter-state trade or commerce within the meaning of ..... such business is less than the minimum specified in section 3, or section 4 as the case may be; (iii) without prejudice to his other rights, any agent of a non-resident who is assessed under this act in respect of the business of such non-resident may retain out of any moneys payable to the non-resident by the agent, a sum equal to the amount of the tax or taxes assessed on or paid by the agent. ..... 1957 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1981AP125
..... referred to the provisions of the life insurance corporation act, from which it appeared that the central government had contributed the original capital, that, part of the profit of the corporation goes to the government, that, the central government exercises control over the policies of the corporation; that, the corporation carries on a business having great public importance; and that, the corporation enjoys a monopoly hi the business, and concluded on this basis that the corporation is an agency or an instrumentality of the state. ..... it was not also explained or clarified, why, if a statutory corporation can become an agency or instrumentality of the state (as held by the majority also in sukhdev's case, : (1975)illj399sc (supra)), a corporation incorporated under the companies act or registered under the societies registration act, cannot it cannot be gainsaid that even a statutory corporation is a separate juristic entity, as is a company registered under the companies act or a society registered under the societies registration act. ..... to repeat, that held that bharat petroleum corporation is an instrumentality or agency of the state, not on account of the fact that it was found to be virtually a statutory corporation working upon the wheels of the acquisition act, but because, on application of the functional test, they found that it is in truth and in reality, a mini-incarnation of the central government, made up of its 'blood and bones'. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1995(2)ALT406; [1996]86CompCas341(AP)
..... of 1993 was filed by the corporation under section 446(1) of the companies act, 1956, read with sections 29 and 46b of the state financial corporations act, 1951 (for short 'the sfc act'), read with rule 9 of the companies (court) rules seeking permission to pursue its remedies under the state financial corporations act, 1951, by staying outside the ..... in paragraph 23 (at page 354) of the same decision, the court observed that the rights conferred on a financial corporation as a mortgagee under section 29 of the state financial corporations act, 1951, are not obliterated when the company is in winding up and that it may have to exercise its right to take possession with the permission ..... despite the fact that winding up had commenced, the financial corporation having taken possession of properties, charged to it, in exercise of the powers under section 29 of the state financial corporations act, 1951, and the charge having been registered by the registrar of companies, the corporation was entitled to put properties to sale for realisation of its dues and that section 537 of the companies act would not apply, as the sale was not through the intervention ..... we are, therefore firmly of the opinion that the right of the secured creditor emerging from section 29 of the state financial corporation act, 1951, ceases to be an absolute right the moment it comes on the record of the case that there is a pari passu charge in respect of the workmen's dues on the assets and properties of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(6)ALT118
..... the companies, which are incorporated under the companies act, have a corporate personality of their own, distinct from that of the ..... reddy that the land on which the township buildings stand vests with the union of india, the lands having been acquired by the state government on behalf of the central government with the funds provided by the central government and placed at the disposal of the petitioner- ..... relying upon the power of attorney dated 11-12-1983 executed by the central government, the learned counsel points out that the petitioner- company merely acted as an agent to the central government in connection with the land acquisition proceedings and it has taken over the possession of the lands cquired, on behalf of and on the authority ..... of government companies incorporated or statutorilly created was clarified thus:'the central and state governments started creating corporations for carrying on these activities. ..... the question arose whether the calcutta corporation can demand tax in respect of such buildings by virtue of section 154 of the government of india act as adapted by the india (provisional constitution) order, 1947 which is similar to article 285 of the ..... that the property of the union shall be exempt from all taxes imposed by a state or any other authority within a state unless the parliament otherwise provides by law. ..... before closing the case, it needs to be stated that the house-tax demand is bald and skeletal and it does not spell out on what basis the tax .....
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