Court : Andhra Pradesh
Reported in : 2007(3)ALD173; 2007(2)ALT386; [2007(114)FLR253]
..... is procedure something designed to facilitate justice and further its ends not a penal enactment for punishment and penalties; not a thing designed to trip people up. too technical a construction of sections that leaves no room for reasonable elasticity of interpretation should therefore be guarded against (provided always that justice is done to both sides) lest the very means designed ..... of the rule of substantial compliance instead of strict compliance.(2) the question as to whether a notice under section 80 is valid or not is a question of judicial construction. section 80 of the code is but a part of which the courts may do justice between the parties. it is therefore, merely a part of the adjective law and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1983]53CompCas269(AP)
..... previous state of the law would be permissible for the purpose of aiding in the construction of a new statute if any provision therein is of doubtful import : bank of england v. vagliano brothers [1891] ac 107 robinson v. canadian pacific railway company [1892] ac 481 and mersey docks v. cameron [1865] 11 hlj 443 ..... understood the scope of the application involving nothing more than determination of the quantum of compensation and for the payment of the same.78. executive construction.--the construction placed by the executive, the rule-making authority on provisions of the act while giving effect to the same by making a rule like rule 514 ..... chapter ii with licensing of drivers of motor vehicles. chapter iii with registration of motor vehicles. chapter iv with control of transport vehicles. chapter v with construction, equipment and maintenance of motor vehicles. chapter vi with control of traffic. chapter viii with insurance of motor vehicles against third party risks. chapter ix with .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(1)ALT315
..... provision of such lawyer. it is unfortunate that though this court declared the right to legal aid as a fundamental right of an accused person by a process of judicial construction of article 21, most of the states in the country have not taken note of this decision and provided free legal services to a person accused of an offence. we .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(5)ALD372; 2008(5)ALT115
..... category, provided of course notice for the specified period or salary in lieu of such notice is given to the railway servant. there is no doubt that on a fair construction, the impugned rules authorize the railway administration to terminate the service of all the permanent servants to whom the rules apply merely on giving notice for ..... enjoy a sense of security which alone can make them independent and truly efficient. in our opinion, the sword of damocles hanging over the heads of permanent railway servants in the form of rule 148(3) would inevitably create a sense of insecurity in the minds of such servants and would invest appropriate authorities with ..... notice.reference to full bench2. w.p. no. 16437 of 2007 initially came up before a division bench. in motiram deka v. general manager, north east frontier railway : (1964)iillj467sc (hereafter referred to as motiram), inter alia it was laid down that the rule permitting to compulsorily retire a civil servant without imposing limitation as .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2010(1)ALT297
..... extent of interest amount awarded on the principal amount was substituted at 9% against 18% as awarded by the arbitrator.37. similarly in maharashtra industrial development corporation ltd. v. govardhani construction co. appeal no.903/2006 in arbitration petition no. 159/2006 dt.27-02-2008 the bombay high court refused to interfere with the award passed by the arbitrator except .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT71
..... no. 901 municipal administration and urban development (m1) department dated 31.12.2007 titled 'the andhra pradesh regulation and penalization of unauthorizedly constructed buildings and buildings constructed in deviation of the sanctioned plan rules, 2007'. the aforesaid go is applicable to the existing buildings in the jurisdiction of the municipal ..... , which were meant for individual residential buildings were converted into residential apartments out of 241 and 23 buildings, which were initially permitted for construction of individual residential buildings were converted into residential cum commercial buildings. the reasons for such lapses were also noted in the report, which primarily ..... of the unauthorized site/plot under the relevant rules to the competent authority.(m) regulation and penalization shall not be done for the constructions made within the building line of major roads of width 80 feet and above within the limits of greater hyderabad municipal corporation, greater .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(4)ALD807
..... established their possession and enjoyment of the land in question, the 2nd respondent-mch should have granted permission in favour of the petitioners for construction of buildings instead of driving them to 1st respondent-collector to obtain no objection certificate. obtaining of no objection certificate arises only when any ..... the decisions of the supreme court dealing with purposive interpretation.(c) francis bennion in his statutory interpretation described purposive interpretation as under.a purposive construction of an enactment is one which gives effect to the legislative purpose by-(a) following the literal meaning of the enactment where that meaning ..... officer v. tata iron and steel co. : (2001)7scc358 and indian handicrafts v. union of india : air2003sc3240 , the supreme court applied the principle of purposive construction.24. in reserve bank of india v. peerless general finance and investment co. ltd. (supra), the supreme court observed :interpretation must depend on the text and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD1; 2003(1)ALT636
..... general, acb shall also make use of all the records and investigation of this institution and also the records relating to the allegations pertaining the construction work which are available with the regional vigilance and enforcement officer, kurnool and take all the files and records collected from the executive officer srisailam ..... general, acb shall also make use of all the records and investigation of this institution and also the records relating to the allegations pertaining to the construction work which are available with the regional vigilance and enforcement officer, kurnool and take all the files and records collected from the executive officer, srisailam ..... of a complaint and cause investigation to be made in detail in respect of the allegations while collecting relevant records relating to the allegations pertaining to construction work which has already been enquired into by the regional vigilance and enforcement officer, kurnool;(c) on an earlier occasion, at the instance of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(3)ALT433
..... hand, the construction adopted by us would be consistent with the second part of the section, for, if the first part is confined only to an order made by any court or authority ..... high court, the second part of section 11 of the act enjoins on the high court to make an order in a particular way. we should not give such a construction to the section as would bring it into conflict with article 226 of the constitution and which would have the effect of invalidating it to that extent on the other ..... the bill as applying only to courts other than the high court acting under article 226 of the constitution of india in the light of the well known principle of construction that if a provision in a statute is capable of two interpretations, then that interpretation should be adopted which will make the provision valid rather than the one which will .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2005AP155; 2005(1)ALD325
..... held that the non-obstante clause of section 11 makes it dear that the provisions on the environment (protection) act do not bind the construction or maintenance of railway line. irrespective of that objection the court took into consideration an aspect that it was not open to frustrate the project of public importance to ..... otherwise of the proposed site within a maximum period of thirty days. the site clearance is valid for a period of five years for commencement of the construction. at this stage, the communication from the additional director, ministry of environment and forests addressed to the central government's standing counsel becomes relevant and ..... with dam access so as to assess the soil parameters for finalization of detailed designs for the foundation of the dam. it was urged that the construction of pulichintala project will involve investigation work for assessing the soil parameters for the purpose of preparation and finalization of designs, drawings, etc., which form .....
Tag this Judgment!