Court : Andhra Pradesh
Reported in : 2007(2)ALD533; 2007(2)ALT410
..... replacing the hyderabad municipal corporation act, 1950. chapter xi of the 1955 act contains provisions relating to construction, maintenance and improvement of public streets, preservation of regular line in public streets. this chapter also contains provisions concerning private streets and execution of works in or near the streets. chapter xii, ..... used for commercial and trading activities.17. in s.n. chandrasekhar v. state of kamataka : air2006sc1204 , the supreme court interpreted the provisions of karnataka town and country planning act, 1961 and held that the plot earmarked for residential purpose cannot be converted into commercial by allowing the allottee to start ..... order removal, alteration or pulling down of such building or work and recover expenses thereof from the noticee. section 456 provides for removal of structures, trees etc., which are in dangerous state. section 636 declares that if any work or thing requiring written permission of the commissioner under any provision of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT607
..... built with delicacy must always be maintained. in its anxiety to safeguard judicial power, it is unnecessary to be overzealous and conjure up intrusion into the judicial preserve invalidating the valid law competently made.their lordships further held:'that in exercising legislative power, the legislature by mere declaration, without anything more, cannot directly overrule, revise ..... while considering the validity of subsections (2) (3) (4) (5) (6) and (8) of section 4 as well as section 11 (2) of the karnataka state civil services (regulation of promotion, pay and pension) act, 1973 intended to take away the effect of the orders of the high court which have become final, their ..... bureaucracy. if the bureaucratic set up is comparable to that of a banian tree, the ministerial staff and class iv staff are to be considered as the trunk of the tree and the decision making authorities as the branches of the banian tree. while every effort is being made by the authorities concerned in trying to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(5)ALD442; 2006(5)ALT361
..... been entrusted by law with a duty to protect these rights? the task becomes difficult and also requires urgent intervention by court so that the rule of law is preserved and people may not lose faith in it finding violations at the hands of supposed implementers. the problem is not of the absence of law, but of its ..... for establishment of a hotel/restaurant. the high court of karnataka took a view in favour of such conversion, which was reversed by the supreme court holding thus:the planning authority has no power to permit change in the ..... or unwary buyers who were displaced on account of unauthorized and illegal constructions.58. in s.n. chandrashekar v. state of karnataka : air2006sc1204 the question before the supreme court was whether under section 14-a of karnataka town and country planning act, 1961, change of land use can be accorded for conversion of use from dwelling to commercial .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(3)ALD241; 2008(4)ALT53
..... association v. state of m.p. : (2004)1scc320 , l. royal reddy : air2004ap347 , m. narasimhaiah v.deputy commissioner for transport, bangalore : [1988]2scr10 , and state of karnataka v. n. madappa : (1996)9scc284 .4. learned advocate general would submit that the motor vehicles act, 1988, (enacted by parliament under entry 35 of list iii), and the a ..... section. he would rely on government of mysore v. j.v. bhat : [1975]2scr407 and the scheduled caste and weaker section welfare association v. state of karnataka : [1991]1scr974 .in the additional counter-affidavit, filed on behalf of the respondents, it is stated that where the motor vehicles inspector, on inspection of a vehicle ..... : [1991]1scr974 , the supreme court held that when a declaration is made under section 3 and a further declaration is made under section 11 of the karnataka slum areas (improvement and clearance) act, 1973, the inhabitants of the areas would be affected and any further action in relation to the area which is declared .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(4)ALT243
..... shall protect them from social injustice and all forms of exploitation.' education means knowledge - and 'knowledge itself is power.' as rightly observed by john adams, 'the preservation of means of knowledge among the lowest ranks is of more importance to the public than all the property of all the rich men in the country' (dissertation on ..... life of an individual has been recognised not only in this country since thousands of years, but all over the world. in mohini jain v. state of karnataka : [1992]3scr658 the importance of education has been duly and rightly stressed........we agree with the observation that without education being provided to the citizens of this ..... education is subject to limits of economic capacity and development of state. while partly over-ruling the judgment of the supreme court in miss. mohini jain v. state of karnataka, : [1992]3scr658 , b.p. jeevan reddy j, speaking for himself and for ratnavel pandyan j, said in para 145 as follows:'in the above state of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006CriLJ4409
..... for proper discharge of functions and duties imposed upon them by law. that is the doctrine which finds expression in section 482 cr.p.c. which merely reocognises and preserves the inherent powers of the high courts. all courts, whether civil or criminal, possess, in the absence of any express provision, as inherent in their constitution, ..... , needless harassment, at the same time the section is not an instrument handed over to an accused to short-circuit a prosecution and bring about its sudden death. (state of karnataka v. m. devendrappa : 2002crilj998 ; state of a.p. v. golconda linga swamy : 2004crilj3845 ). 27. cases which require interference, under section 482 cr.p.c, are ..... injuries. meanwhile, the police went there and subsided the matter. on the same day at 5.00 p.m. all the villagers went to the ceremonial bulrush tree to pluck leaves in a ritualistic manner. the complainant went there in an intoxicated state, created nuisance there and fell down and some members of his caste took .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALT193
..... -operation among nations and action by international organisations in the common interest. the conference calls upon the governments and peoples to exert common efforts for the preservation and improvement of the human environment, for the benefit of all the people and for their posterity.' 9. the proclamation also contained certain common convictions of ..... all other organs including the courts. the enjoyment of life and its attainment and fulfilment guaranteed by article 21 of the constitution embraces the proteclion and preservation of natures gift without which life cannot be enjoyed fruitfully. the slow poisoning of the atmosphere caused by the environmental pollution and spoliation should be ..... by a catena of decisions of the apex court - in a.p.s.k. sangh v. union of india, : (1981)illj209sc ; chaitanya v. slate of karnataka, : [1986]2scr409 , to cite a few, that the high court can also entertain p1l cases under article 226 of the constitution not only to enforce the fundamental .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(3)ALD370; 2006(3)ALT433
..... aspect of the basic structure of our constitution because section 28 of the act which bars the jurisdiction of the high court under articles 226 and 227 of the constitution preserves the jurisdiction and power of the supreme court under articles 32 and 136 of the constitution. it accordingly follows that the administrative tribunal being a substitute of the high court ..... ]1scr1054 , it was held that delegated legislation must advance the purposes of the statute it is framed under and unless it does so, it cannot be sustained. in state of karnataka and anr. v. b. suvarna malini and anr. (2001) 1 scc 728, it was held that where the rules were made under the statute after duly complying with requirements, they .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD423; 2002(2)ALT77
..... that purposive interpretation would ensure distributive justice among the tribals. the following observations (see paragraphs 87 and 88) are apposite....to effectuate the constitutional objectiveto preserve the land in the scheduled area to the tribals. prohibits the government from allotting their land to the non-tribals; prohibit infiltration of the non- ..... the efficiency of administration being of paramount importance, it is unwise to provide cent per cent reservation at the cost of efficiency.87. in state of karnataka v. g.n. ambica, : air1995sc1691 , the apex court had to consider a peculiar situation in regard to regularisation of the local candidates. when ..... eravath kanapravan kalliani amma v. k. devi, : air1996sc1963 , chandavarkar sita ratna rao v. ashalata s. guram, : [1986]3scr866 , r.s. raghunath v. state of karnataka, : air1992sc81 , and r.c. poudyal v. union of india, : [1993]1scr891 , for the said proposition.14. the learned advocate-general would contend that the power .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT431:AIR2009NOC2482(A.P)(F.B).
..... respect of market products; schemes for extension or cultural improvement of notified market products; propaganda for improvement of market products; promotion of grading services; measures for preservation of food grains and meet staff and establishment charges. gmc was notified by market area order vide g.o.ms. no. 1066, dated 30.07.1971. ..... or sub-market yard established therein except such quantity as may be prescribed for retail sale or personal consumption. the arguments advanced in the maharashtra and karnataka cases were advanced in the bihar cases also. for the reasons already mentioned we reject the submissions in one of the bihar cases it was further ..... exercise of powers under sections 3b and 5(1) of the orissa sales tax act, 1947 (orissa act, for brevity), making severed bamboos and standing trees liable to tax on turnover. subsequently, two other notifications were issued in supersession of all previous notifications, pursuant to amendment to orissa act. these two notifications .....
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