Court : Andhra Pradesh
Reported in : 2004(5)ALD807; 2004(5)ALT755
..... considered on its own facts and circumstances.68. there is yet another reason to hold that the amendment is not retrospective. the amendment is only a substitution of the value of the appeal. no specific repeal provisions were enacted. therefore, when substitution takes place it merely gets embebbed in section 9 and other ..... proceedings, it must indicate an express provision to that effect.19. in matters of substitution by an amendment, it has to be construed that there is no real distinction between the repeal and an amendment. whether a provision of an act is omitted by an act and the said act simultaneously re- ..... repeal and savings and which also makes provision for the new act being applicable to certain cases and proceedings, does not speak of the new act being applicable to the appeal or proceedings pending before the supreme court.56. in r. kapilnath v. krishna, : [2002]supp5scr66 , one of the contentions raised before the supreme court was that karnataka rent control (amendment .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(3)ALD39; 2008(4)ALT567
..... the family along with the other coparceners. no doubt, while amending section 6, the enactments made by the states of andhra pradesh, tamil nadu, karnataka and maharashtra were not repealed. in other words, the central amending act did not repeal section 29-a of the state amendment.the learned counsel for the appellant contended that section 29-a ..... of a.p. amendment starts with a non-obstante clause which commences with the words ..... nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state.whenever a statute comes up for consideration, the judge has to necessarily find out the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD694
..... in the family along with the other coparceners. no doubt, while amending section 6, the enactments made by the states of andhra pradesh, tamil nadu, karnataka and maharashtra were not repealed. in other words, the central amending act did not repeal section 29-a of the state amendment.37. the learned counsel for the appellant contended that section 29 ..... -a of a.p. amendment starts with a non-obstante clause which commences with the ..... nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state.38. whenever a statute comes up for consideration, the judge has to necessarily find out .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2002AP105
..... judges of this court in t. rangayya v. state of a. p., : air1978ap106 to mention a few, had been upheld. 9. the procedure prescribed for amending or repealing any act of parliament which has been enacted under article 252(1) of the constitution of india is rather peculiar. in this regard, reference may be made to ..... federal legislature, to pass an act for regulating that matter accordingly, but any act so passed may, as respects any province to which it applies, be amended or repealed by an act of the legislature of that province.' a reading of section 103 of the goi act reveals that once the federal legislature enacts a law ..... all matters connected therewith or ancillary or incidental thereto.' 8. similar resolutions were passed by the legislatures of the other states such as gujarat, haryana, himachal pradesh , karnataka etc. in pursuance of these resolutions, the parliament enacted the ceiling act being act 33 of 1976. the act became applicable in those states, the legislatures of which .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1997AP179; 1996(4)ALT1103
..... the code will apply to the proceedings under art. 226 as has been stated in srinivas's case (supra) and to repeal:'rule 24. all other rules relating to causes and matters coming before the original side and appellate side of the high ..... of consolidation of holdings, punjab, (fb) and tejasinghv. union territory of chandigarh, (fb) and by the high court of karnataka in rokyabi v. ismail khan, : air1984kant234 . (rule 32 of the writ rules of punjab and haryana high court and rule 39 of ..... the writ proceeding rules of karnataka high court are in pan materia with rule 24 of the writ proceeding rules of a.p.). the supreme court has ..... repealed through the rule 24 coming into force on 4-6-1977 if such a construction to apply the provisions of the code with the aid of rule 24 is put upon the implication in the rule making power. what the courts wanted to present the conflict in the precedents by suggesting amendments .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(1)ALD339; 2007(1)ALT547
..... taken up for hearing by a learned single judge of this court, learned counsel for the respondents relied upon the judgment of the supreme court in state of karnataka v. sangappa dyavappa biradar : air2005sc2204 , to justify the rejection of request of the petitioners for reference under section 18 of the land acquisition act, 1894 ( ..... we consider the submissions in the context of principles laid down in the judgments on which reliance is placed.14. in state of karnataka v. sangappa dyavapa biradar (supra), the state of karnataka intended to acquire the lands of respondents/claimants for the purpose of submergence and construction of canal for the upper krishna project. ..... (2) of that article, which dealt with compulsory acquisition of property, has been repealed. consequently sub-clause (f) of clause (1) of article 19, which guaranteed the right to acquire and hold property, has also been omitted by the same 44th amendment act, 1978. the result of these changes, in short, is that the right .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2001]252ITR316(AP)
..... , is the same. after extracting the facts and analysing several decisions and also considering the effect of section 17(2)(vi), which was inserted by the taxation laws (amendment) act, 1984, but repealed by the finance act, 1985, it was held that the interest subsidy is not a perquisite and that no legal obligation lies on the employer to deduct tax at ..... -payment of tax deducted ? 8. whether, in the facts and in the circumstances of the case, the income-tax appellate tribunal is correct in holding that the decision of the karnataka high court in the case of p. krishna murthy v. cit (w.p. no. 8726 of 1993 dated january 13, 1994), the clarification issued by the chairman, central board of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD1; 2004(1)ALT659
..... to panchayats in force in a state immediately before the commencement of the constitution (seventy-third amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from ..... do reveal that the legislation had been thought of only to further the intent of 73rd constitutional amendment. submissions relating to comparative legislation, provisions of the state legislations on this subject in other states like karnataka, kerala, west bengal etc., may not be of much help unless it is shown that the ..... state of maharashtra, : [1985]2scr224 , kannan v. district collector, : air1991ap43 , state of u.p. v. synthetics, : 1993(41)ecc326 , srinivas raghavender v. state of karnataka, (1987) 2 scc 692, bar council of u.p. v. state of u.p., : [1973]2scr1073 .30. the excessive interference by bureaucrats and the non-participation or minimum .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)
..... on the provisions of the respective acts which were made applicable for the first time to the pending cases and none of these cases involve repeal or substitution of a provision by way of amendment. the ratio of these cases is therefore not attracted to the present batch of cases under consideration.51. sri vilas afzalpurkar also placed reliance ..... us.52. similar is the case in h. shiva rao's case (supra). with the inclusion of the village concerned within the limits of the cities under the karnataka municipal corporation act, the provisions of the rent control act were made applicable to property in question. by that time the landlord's suit for recovery of possession was ..... of any premises shall be made by any court or other authority in favour of the landlord against the tenant. the prohibition, in section 21(1) of the karnataka rent control act, was against the making of an order or decree for recovery of possession and not for the execution of a decree as is prescribed in section .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1997AP312; 1997(2)ALD(Cri)64; 1997(3)ALT1
..... such as one in art. 47 of part iv of the constitution read with art. 37 thereof, the legislature is rendered incompetent to decide upon amending, extending or repealing the law which is not serving the purpose for which it is enacted. total prohibition imposed by the prohibition act is not destroyed merely because the ..... the state. the state government has placed before the court information about the correspondence it has made with the neighbouring stales, particularly, the state of karnataka eliciting co-operation and support forarresting smuggling across the borders and it is not possible to hold that the statement that in the absence of total prohibition ..... effectively controlled and it has been found impracticable to keep state of andhra pradesh as the land of total prohibition when it is surrounded by states of karnataka, maharashtra, madhya pradesh, tamil nadu and orissa which do not exercise total prohibition. illicit liquor as well as liquor smuggled from the neighbouring states has .....
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