Court : Andhra Pradesh
Reported in : 2010(1)ALT112
..... section (1) shall be held in accordance with the system of proportional representation by means of a single transferable vote, in such manner as may be prescribed:provided that where the number of muslim members of parliament, the state legislature or the state bar council, as the case may be, is only one, such muslim member shall be declared to have been elected on the board:provided further that where there are no muslim members in any or the categories mentioned in sub-clauses (i) to ( ..... right in the property belonging to the wakf, the property is not vested in him and he is not a 'trustee' in the technical sense.it was in view of this fundamental difference between the juridical conceptions on which the english law relating to trusts is based, and those which from the foundations of the hindu and the mahommedan systems that the indian legislature in enacting the indian trusts act (ii of 1882) deliberately exempted from its scope the rules of law applicable to wakf and hindu religious endowments.72 ..... . chapter iii deals with the establishment and constitution of central wakf council and chapter iv with die establishment of state boards and their functions ..... . a district wise, category wise institutional chart is placed before us, which shows that the total number of wakfs are said to be 38,529 ..... . the area within which such nomination can be made by the hindus amongst the council of minister is, thus, limited...31 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1984AP75
..... the right of the petitioner to contest the election for membership of the committee emanated only out of the provisions of the act, the rules and bye-laws. ..... (as his lordship then was) considering the scope of the rule when it vires was assailed vis--vis the power of the court to take judicial notice of the presumptions for the purpose of construction of rule and held thus (para 23):'rules made under a statue must be treated for all purposes of construction or obligation exactly as if they were in the act and are to be of the same effect as if contained in the act, and are to be judicially noticed for all purposes of construction or obligation. ..... rule 12 (3) is part of the composite scheme evidenced by the act and the rules made thereunder and if it is examined in the light of the above law and the area in which the act intends to operate and facts and circumstances, it would be difficult to uphold the plea of the petitioners.90. ..... government of india, : [1971]2scr871 , that when a power is conferred on a high-ranking officers (district collector in that case) it cannot be assumed that it is likely to be abused. ..... rule 11 in chapter iii provides the procedure for applying to the licensing authority for grant or renewal of licence under the act and the formalities to be complied with.39. ..... virgo, (1896) ac 88 at 93 (house of lords (privy council - ed. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1978AP121
..... once an association is registered in accordance with the provisions of the act, the society has to function within the scheme and framework of the rules and bye-laws. ..... in this act or the rules made thereunder or the bye-laws of the societies concerned if the registrar is of the opinion that it is necessary to amalgamate or merge any society with any other such society or to liquidate it, for any of the following purposes, namely:- (a) for ensuring economic viability of any or all the societies concerned; or (b) for avoiding overlapping or conflict of jurisdictions of societies in any area; or (c) for securing proper management of any society; or (d) in the interest of the co-operative movement in general and of co-operative credit ..... 193 in chapter xvii says that 'a monthly official gazette will be published in each district. ..... (2) shall be binding on all societies and their members, depositors, creditors, employees and other persons having any rights, assets or liabilities in relation to all or any of the concerned societies; and (viii) the society to be liquidated shall be deemed to have been directed to be wound up under sub-sec. (1) of s. 64. ..... union of india, : [1971]3scr840 . .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1991]72CompCas588(AP)
..... gazette make rules for carrying on all or any of the purposes of this act'.section 330, in so far as it is relevant, reads:--'the council may make bye-laws not inconsistent with this act or with any other law, to provide -(i) for all matters expressly required or allowed by this act to be provided for.....xx xx xx xx xx(12(a) for the regulation of building.... ..... the supreme court said in the first instance that the impugned bye-laws were ultra vires the rule-making power of the town area committee and, accordingly, observed that the bye-laws cannot, therefore, be said to constitute valid law, within the meaning of article 19(6) of the constitution. ..... for the same reason, the decision of the division bench in narasinga rao's case (1989 lab ic 1971) (andh pra) (supra) cannot be understood as laying down the proposition that breach of bye-laws does not give a valid cause of action for interference under art. ..... srinivasa murthy, learned counsel for the appellant-bank, the government's shareholding in the kakinada district co-operative central bank is in the following proportion:total paid-up share capital as on 30-6-1987: rs ..... in such a situation, the provisions of chapters v-a and v-b will apply, and certain protection would be available to the employees in the matter of ..... (viii) section 59 empowers the registrar to direct the committee of a society to suspend, pending investigation, any paid-officer or servant of the society if, in his opinion, there is prima facie evidence against such .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT71
..... down in relevant statutes, master plan, zonal development plan, building bye-laws, building rules and other relevant government orders including andhra pradesh fire service act, 1999 and the national building code are satisfied;(c) payment of penalty equivalent to thirty three percent (33%) of the various categories of fees and charges payable by the applicant for obtaining building permission in addition to the regular fee and other charges payable. ..... the provision similar to section 455-aa enacted by the tamil nadu state by incorporating section 113a to the tamil nadu town and country planning act, 1971 is concerned, the same was held to be valid by the honourable supreme court in the case of consumer action group ..... the writ petition is filed by the apartments residents welfare association, which is said to be registered with the district registrar, visakhapatnam on 09.08.2005 and it has claimed that the petitioner has made several representations including the one to the honourable chief minister complaining of coercive steps being ..... council, udipi where permission was granted to the contesting respondents to construct a cinema theatre, which was objected to by the appellant on the ground that construction of a cinema theatre was contrary to town planning scheme, as the area is purely a residential area. ..... answering various queries of the citizens regarding the penalization scheme under the chapter 'frequently asked questions' in the said brochure. ..... hills conservation council and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1995AP274; 1995(1)ALT600
..... (2) nothing in this part shall apply to- a) the states of nagaland, meghalaya and mizoram; b) the hill area in the state of manipur for which district councils exist under any law for the time being in force. ..... as the notification were issued fixing the schedule of elections -- the date of filing of nominations, scrutiny, withdrawal, date of poll, counting and publication of results -- in accordance with the relevant statutory rules long prior to 8-3-1995, the entire procedure governing the conduct of the elections cannot be validated with retrospective effect. ..... there are special agency rules and save for certain sections, the civil procedure code does not apply. ..... sub-paragraph 3 confers power on the governor to make rules regarding the number of members of the council, the mode of appointment, the manner of conduct of its meetings and procedure. ..... but if the words used in the provision are imprecise, protean, or evocative or can reasonably bear meaning more than one, the rule of strict grammatical construction ceases to be a sure guide to reach at the real legislative intent.'23. ..... the history of indiaproves that with primitive peoples any othersystem is certain to work the greatest injustice.chapter 5 of the government of india act, 1935 comprising ss. ..... the learned advocate-general has strongly relied upon the ruling of the supreme court in chief justice, a.p. v. l. v. a. ..... the cardinal rule of interpretation as ruled by the supreme court in navinchandra v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD1; 2004(1)ALT659
..... the states of nagaland, meghalaya and mizoram;(b) the hill area in the state of manipur for which district councils exist under any law for the time being in force. ..... act reads:'power to compound offences :--(1) the executive authority may, subject to such restrictions and control, as may be prescribed compound for a sum not exceeding rupees five hundred, any offence against the provisions of this act or any rule or bye-law made thereunder, which may by rules, ..... extent and provisions relating to commencement of the act and the definitions.part-ii chapter-i sets out provisions relating to constitution, administration and control of gram panchayats including provisions relating to election of members, reservation of seats, term of office, qualifications and disqualifications of candidates, resignation of members, upa-sarpanch and sarpanch, appointment and functions of the executive authority and provisions relating to officers and other employees of the gram panchayat as well as the composition and powers of beneficiary committees and functional committees. ..... allocate to a mandal parishad; (vi) such share of the land revenue, state taxes or fees, as may be prescribed; (vii) proceeds or tax surcharge or fees which the parishad is empowered to levy under the act or any other law; (viii) such contributions as a mandal parishad may levy from gram panchayat and (ix) any other income from a remunerative enterprise.sub-section (2) requires the government to make an annual grant at the rate of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD813
..... representation in this behalf hold an inquiry into the matters referred to in sub-rule (1) and while holding such enquiry he shall- (i) in any case where the land proposed to be acquired is agricultural land consult the senior agricultural officer of thedistrict whether or not such land isgood agricultural land; (ii) determine, having regard to the provisions of sections 23 and 24 of the act, the approximate amount of compensation likely to be payable in respect of the land ..... the dealer is entitled to run his business forthwith till 31st december, 2000 or till such time beyond 31st december, 2900 when respondents 1 to 7 complete the due process of law for taking possession of the land in question and also directed the respondents 1 to 7 therein not to interfere with the business activities of the writ petitioner during the above said period with a liberty to the respondents 4 ..... which resulted the police department sending a letter to the district collector, hyderabad district requesting to acquire 980 square yards in favour of police department for the purpose of traffic island, who in turn through letter dated 20-3-1999 requested the joint commissioner of police (traffic), petitioner-corporation, deputy director of survey and land records, hyderabad and mandal revenue officer, shaikpet to attend on 30-3-1999 to ..... outlet in the name and style of m/s.hill top service station in the leased area. ..... and appropriate to refer certain provisions of the land acquisition act under chapter ..... 1971 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(3)ALT471
..... and 31 of 1962 which enacted ex-post facto legislation altering the rules of evidence and criminal procedure obtaining under the general law at the time when certain offences were committed and for legalising the imprisonment of the accused while they were awaiting trial, came up for consideration before the privy council in don john francis douglas liyanage and ..... : air1993sc1267 in which the validity of the constitution (26th amendment) act, 1971 was challenged inter alia, was decided subsequently. ..... to incorporate necessary safeguards for ensuring the independence of the judiciary and insulate it from interference by the other two state-wings - legislature and executive, see: chapter iv of part v and chapter v of part vi of the constitution. ..... the events leading to the enactment of constitution (32nd amendment) act, 1973 by which article 371d was included in the constitution are:'in the year 1957, the public employment (requirement as to residence) act was enacted inter alia to provide for employment opportunities for residents of telangana area, some of the relevant provisions were held to be unconstitutional by the supreme court due to ..... another suggestion was made that district judge or an advocate who is qualified to be a judge of the high court should be regarded as eligible for being the vice-chairman of the administrative tribunal and if, to such an effect amendment was not carried out, the impugned act would have to be declared to be invalid' since it cannot be severed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)
..... or a person to whom the collection of rents or fees in a public market cartstand or slaughter house or of rents for shops has been framed out or leased by a municipal council or a panchayat union council or the municipal corporation of madras or the municipal corporation of madurai.eviction section 13(1): a section 10(1): a section 13(1) : a section 10(1) : a tenant in possession tenant shall ..... act which repealed earlier acts, it was provided that all suits and proceedings between landlord and tenant relating to recovery or fixing of rent or possession of any premises to which the provisions of part-ii apply and which are pending in any court shall be transferred to and continued before the courts which would have jurisdiction to try such suits or proceedings under the said act and that all the provisions of that act and the rules ..... either recorded in court or otherwise reduced to writing and signed by the tenant.this is put in chapter iv with the heading 'regulation and eviction' and the section starts with title which is printed in bold 'bar of suit for eviction of tenant except on specified grounds' and again in the wording of the section itself ..... on the date of suit or adjudication of suit unless such a legislation is retrospective and a court of appeal cannot take into consideration a new law brought into existence after the judgment appealed from has been rendered because the rights of the parties ..... district, gauhati was pending, assam non-agricultural urban areas tenancy act ..... ( .....
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