Court : Andhra Pradesh
Reported in : 2001(2)ALT607
..... any legislative power by enacting a provision which in substance overrules such judgments and is not in the realm of a legislative enactment which displaces the basis or foundation of the judgment and uniformly applies to a class of persons concerned with the entire subject sought to be covered by such an enactment having retrospective effect.(3a ..... any legislative power by enacting a provision which in substance overrules such judgment and is not in the realm of a legislative enactment which displaces the basis of foundation of the judgment and uniformly applies to a class of persons concerned with the entire subject sought to be covered by such an enactment having retrospective effect'. ..... were appointed on part-time basis have to put in a minimum of ten years service as part-time workers and are continuing as on 25-11-1993, the day on which act 2 of 1994 came into force, are alone entitled to be regularised. the conditions prescribed for regularisation are not germane to the issue and as .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD233
..... exercised especially in cases where a party against whom writ is filed is shown to have had no jurisdiction or had purported to usurp jurisdiction without any legal foundation. the supreme court also held as under: the power to issue prerogative writs under article 226 of the constitution is plenary in nature and is not limited ..... and they shall be governed by the conditions and the procedure prescribed in the andhra pradesh excise (indian and foreign liquor retail sale conditions of licences) rules, 1993 and the andhra pradesh indian liquor and foreign liquor rules, 1970:provided that the existing retail licences shall be renewed for the year 2000-2001 on payment of ..... is no reason why the distance contemplated by section should be taken to be other than the shortest distance between the two points. section 11, general clauses act, 1897 (act x of 1897) provides that in the measurement of any distance, unless a different intention appears, the distance shall be measured in a straight line on a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2002AP313; 2002(3)ALT439
..... jurisdiction is an essential condition of every valid res judicata, which means that, in order that a judicial decision relied upon, whether as a bar, or as the foundation of an action, may conclusively bind the parties, or (in the case of in rem decisions) the world, it must appear that the judicial tribunal pronouncing the decision ..... agreed that these three writ petitions can be disposed of together; therefore, they are being disposed of by this common order. 2. writ petition nos.12275 of 1993 and 681 of 1997 are filed by the individual-purchasers, while writ petition no.25392 of 1996 is filed by sri lakshmi narasimha swamy colony residents association, the ..... .nos.141, 143, 144 and 145 situate at meerpet village.after the andhra pradesh (telangana area) inams abolition act,1955 came into force, the cultivating tenants acquired occupancy rights.the petitioners in writ petition nos.12275 of 1993 and 681 of 1997 had purchased total extent of acs.22.19 gts. in the year 1972. the petitioners .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (2009)23VST573(AP)
..... had permitted the assessing authority to withhold the refund. in the circumstances, the contention on behalf of the petitioner was found to be without a factual foundation. in sarvaraya there was neither a consideration nor a discussion on whether reasons must be recorded while exercising the discretion under section 33-c.52. in ..... of powers under section 33-c) did not fall for consideration in gopi bar.53. consolidated petrotech industries ltd., v. assistant commissioner of income tax : [1993]202itr306(guj) , a judgment of the gujarat high court considered the issue whether an order withholding refund is invalid for being a 'non-speaking' order. an ..... call for and examine the records of any order or proceeding recorded by any authority, officer or person subordinate to it under the provisions of the act of 1957 including an order passed or proceeding recorded in exercise of revisional jurisdiction by an additional commissioner, joint commissioner, deputy commissioner, assistant commissioner .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(1)ALD520; 2007(1)ALT345
..... mandal revenue officer, mangalagiri, as per the procedure under the andhra pradesh (scheduled castes, scheduled tribes and backward classes) regulation of issue of community certificates act, 1993 also had been referred to. in para 3 of the counter affidavit while denying the other allegations, it is averred 'i submit except my retirement the ..... petitioners also have a remedy under the provisions of the andhra pradesh (scheduled castes, scheduled tribes and backward classes) regulation of issue of community certificates act, 1993 to question the caste certificate. submissions at length were made by the counsel representing the respective respondents that in the light of these remedies and also ..... legal right. in state of orissa v. madan gopal 1952 scr 28 : : [1952]1scr28 this court has ruled that the existence of the right is the foundation of the exercise of jurisdiction of the court under article 226 of the constitution. in charanjit lal chowdhuri v. union of india : [1950]1scr869 , it .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD582; 2001(6)ALT433
..... in terms of the provisions of the a. p. (scheduled castes, scheduled tribes and backward classes) regulation of issue of community certificates act, 1993 (a.p. act 16 of 1993; hereinafter referred to as 'the act'). when on enquiry it was established that the first respondent does not belong to st, the rdo issued notice to the first respondent ..... in a case where the authority against whom the writ is filed is shown to have had no jurisdiction or had purported to usurp jurisdiction without any legal foundation.delay and laches:117. a submission was made that first respondent was appointed as district judgemore than a decade and a half ago, and therefore, the writ ..... action should be taken against him, including action as contemplated under section 11 of the andhra pradesh (sc, st and bcs) regulation of issue of community certificates act, 1993 in the light of our judgment. 144. in the result, for the aforesaid reasons and in the light of our conclusions and findings, we dispose of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALD1; 2006(1)ALT785
..... , the same could not be said of the way in which it was expressed. the efficacy and maintenance of the rule of law, which is the foundation of any parliamentary democracy, has at least two pre-requisites. first, people must understand that it is in their interests, as well as in that of ..... other cognate provisions.(emphasis supplied)dr. n. chandrayudu v. sri venkateswara university (1 supra)65. the recruitment notification issued by sri venkateswara university in december 1993 was impugned on the ground that by not specifying the reservations of various pots, the notification is rendered illegal, arbitrary and unconstitutional. though initially the matter ..... employment notification as well as the procedure followed. in february 1986 the chancellor appointed a one man committee under section 76 of the nagpur university act, 1974 (the act) to inquire into the complaints. the committee submitted its report which was accepted by the chancellor. meanwhile writ petitions were filed in the high .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP60; 2003(3)ALD762
..... in a case where the authority against whom the writ is filed is shown to have had no jurisdiction or had purported to usurp jurisdiction without any legal foundation.'9. a constitutional bench of the supreme court in kavalappara kottarathil kochunni @ moopil nayar v. state of madras, : air1959sc725 , their lordships rejected the arguments ..... 17th september, 1999 to regulate the telecommunication services and the matters connected therewith issued by telecom regulatory authority constituted under the telecom regulatory authority of india act (act 24 of 1997) have been impugned on various grounds including the one that the regulatory authority of india does not have any power to issue any ..... by the private wind electric generators on a mutually agreed rate.43. in g.o. ms. no. 238, energy forest (res) department, dated 26.11.1993, the government modified the incentives provided to these developers. in para 4(3) (a) the electricity board was directed to deduct 2% of the generated energy .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2008AP45; III(2008)BC258
..... of the borrower to repay the amount due, the bank filed an application under section 19 of the recovery of debts due to banks and financial institutions act, 1993 (for short, 'the 1993 act') for recovery of rs. 5,26,20,679/- with future interest and term loan of rs. 1,14,603.00. the same was registered as o ..... debt by sale of the limited right of the mortgagor in such bakasht lands....identity of interest in the mortgaged property and the accreted lands is not the foundation of the principle of accession. wherever there is an alteration in the interests of the mortgaged property, the mortgagee will be entitled to the interest left with the ..... that it was impossible to contend that the right to these shares could be differentiated from the right to the original shares. referring to section 163 of the contract act the privy council held that:these shares (bonus shares) are clearly accessions to the shares expressly pledged or hypothecated, and the pledgor or his representative, the present .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2009AP216; 2009(5)ALT98
..... position has now been changed.15. the widespread abuse of arbitral process pointed out by supreme court in guru nanak foundation v. rattan singh and sons air 1981 sc 2075 was mainly due to 1940 act itself which gave scope for 'interminable, time consuming, complex and expensive court procedures'. this required a law which enables ..... by the court of appeal in harbour assurance co. (uk) limited v. kansa general international insurance co. limited. (1993) qb 701 and the question was put beyond doubt by section 7 of the arbitration act, 1996:unless otherwise agreed by the parties, an arbitration agreement which forms or was intended to form part of another ..... -01-1996. this came into force on 25-01-1996. the 1996 act is divided into four parts and contains eighty-six sections and three schedules, which reproduced geneva convention of execution of foreign awards. the geneva protocol on arbitration clauses, 1993 and new york convention on recognition and enforcement of foreign arbitral awards, 1958 .....
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