Court : Andhra Pradesh
Reported in : 2008(3)ALD670; 2008(4)ALT193
..... it is not the function of the courts to sit in judgment over the matters of economic policies and it must necessarily be left to the expert bodies. 34. karnataka high court in e. sathyanarayana v. rbi (karn.) reported in (2002) 112 company cases 272 while considering the guidelines issued by reserve bank of india on 27 ..... banking company shall be bound to comply with any directions given to it under this section).40. section 35b of the said act reads as hereunder:35-b. amendments of provisions relating to appointments of managing directors, etc., to be subject to previous approval of the reserve bank:(1) in the case of a banking company,---(a) ..... no amendment of any provision relating to the maximum permissible number of directors or the appointment or reappointment or termination of appointment, or remuneration of a chairman, a managing director .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALT611
..... authority of india : (1979)iillj217sc , life insurance corporation of india v. escorts limited : 1986(8)ecc189 . in g.j. fernandez v. state of karnataka : [1990]1scr229 the apex court at paras 16 observed:thirdly, the conditions and stipulations in a tender notice like this have two types of consequences. the ..... any stage any further person to participate in the process and may provide additional information, procedure, guidelines and draft documentation and make suitable revisions and/or amendments, where necessary. expressors shall have no objection to the same.further, the litigation impact statement, appendix-i, also had been pointed out. the certificate ..... stage any further person to participate in the process and may provide additional information, procedure, guidelines and draft documentation and make suitable revisions and/or amendments, where necessary. expressors shall have no objection to the same'. these conditions being self-explanatory, these would be an answer to almost all the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALT257
..... that the idbi was a statutory corporation established by the industrial development bank of india act, 1964. by virtue of the industrial development bank (transfer of undertaking and repeal) act, 2003 (hereinafter referred to as 'the transfer act') read with notification no. 8361 dated 29lh september, 2004 issued by central government in exercise of ..... proceeding under the provisions of the act for the enforcement of the security interest created in their favour. in fact, section 15 of the sica as amended by the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 categorically provides for the abatement of the reference itself if the secured ..... the petitioner to mislead this court but made without any merit or substance. further, it is reiterated that in terms of section 15 of sica as amended in 2002, notwithstanding the stage at which the reference filed by a borrower is pending with bifr and or aaifr, the reference shall abate when secured .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALD(Cri)692; 2008(2)ALT541; 2008(1)ALT(Cri)321; 2008CriLJ2287
..... finds that initiation/continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ends of justice.36. in state of karnataka v. m. devendrappa (2002) 3 scc 89, the supreme court held that in a proceedings instituted on complaint, exercise of the inherent powers to quash the proceedings is called for ..... section 156(3) of the code of criminal procedure (for short 'cr.p.c'), the petitioners filed an application for amendment, which, after hearing the counsel for both sides, was allowed by this court on 3-10-2007. by way of amendment, the petitioners sought for invalidation of the action of the learned judicial i class magistrate, narsampet, in forwarding the complaint .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALT715; 2008(2)CTLJ207(AP)
..... consonance with the tender conditions the same cannot be interfered with. the learned government pleader relied upon the judgment of the supreme court in g.j. fernandez v. state of karnataka and ors. : [1990]1scr229 and tata cellular v. union of india : air1996sc11 in support of his contention. the learned government pleader further contended that as the petitioner ..... angle to this case on which also the result of this case can turn. the learned counsel for the petitioner relied upon clause 6 of the partnership agreement as amended, for the purpose of convincing this court that the petitioner is permitted to execute works in his own name, but he is obliged under the said clause to ..... that along with the tenders, the petitioner filed a copy of partnership agreement dated 1.4.1993 with a copy of the deed of amendment of the partnership dated 2.4.1993. clause 6 of the amended partnership deed reads as under:partner no. 1 viz., sri m.v.v. satyanarayana shall be the managing partner of the firm .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (2008)216CTR(AP)203; [2008]298ITR373(AP)
..... examination by the commissioner, but it means the record as it stands at the time the order in question was passed by the income-tax officer.22. the karnataka high court held that the 'record' contemplated by section 263(1) did not mean only the order of assessment, but comprised of proceedings on which the assessment ..... of examination by the commissioner. the words 'shall be deemed always' would signify that, even in cases where the orders of revision were passed prior to the amendment, 'records' would include those available at the time of examination by the commissioner and not merely those records which were available before the assessing authority or those ..... that the commissioner was in error in cancelling the registration. the question which arose before the division bench of this court was whether section 263 empowered, by an amendment of the finance act, 1988, with effect from june 1, 1988, to take into consideration the material which was not available on record at the time .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2008AP123; 2008(4)ALD160; 2008(2)ALT248
..... or accrued and liabilities incurred during its operation and permit continuance or institution of any legal proceedings or recourse to any remedy which may have been available before the repeal for enforcement of such rights and liabilities.18. in gammon india limited v. special chief secretary and ors. : (2006)3scc354 , the supreme court after referring ..... be, other order. section 6, as it originally stood, contemplated filing of suit or other proceeding for recovery of the amounts due. subsequently, by way of an amendment through amending act 23 of 1998 w.e.f. 10-08-1998 sub-section (2) was incorporated by re-numbering the original section 6 as sub-section (1). subsequent ..... reveal that an attempt is made to fill the lacuna, which was existing in the corresponding provisions in section 7 of the old act which remained un-amended in spite of amendment of section 6 of the old act. while section 7 of the old act employed the words 'appeal' and 'appellant' thereby contemplating filing of only .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALD247; 2008(2)ALT744
..... denied contending that the said transfer is in violation of the act 1973. it is further submitted that the decision of the apex court in sri manchegowda v. state of karnataka : [1984]3scr502 relied on by the petitioners, wherein the prohibition of transfer was for a definite period but not perpetual, the supreme court upheld the condition of imposing restriction on .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALD801; 2008(2)ALT596
..... .9. however, the ratio laid down in the above decisions is squarely applicable since section 149(2) of the motor vehicles act, 1988 corresponds to section 96(2) of the repealed act of 1939. similarly, section 170 of the motor vehicles act, 1988 corresponds to section 110-c(2a) of the motor vehicles act, 1939. hence, even under the ..... repealed act of 1939 only statutory defences were available to the insurer except where leave was granted by the tribunal on being satisfied that there was collusion between the claimant and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(3)ALD241; 2008(4)ALT53
..... owners 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.p ..... finding the vehicle to have been overloaded in excess of the prescribed limit, appeared not to be consistent with the scheme under section 8 of the act and that the amendment was not valid in law.19. in m.p. ait permit owners association : (2004)1scc320 , section 16(6) of the m.p. motor vehicles taxation act ..... the state of andhra pradesh, have questioned the vires of section 3-a of the andhra pradesh motor vehicles taxation act, as inserted by the andhra pradesh motor vehicles taxation (amendment) act, 2006 (act 33 of 2006), and the notification issued in g.o.ms. no. 180, transport, roads 85 buildings (tr.i) department dated 27.09. .....
Tag this Judgment!