Court : Andhra Pradesh
Reported in : AIR1996AP309; 1996(2)ALT893; (1997)ILLJ255AP
..... the provisions of the interpretation act and the general clauses act do not for any reason apply, we see no justification for holding that the principles of construction enunciated in those provisions have no application for construing these charters. for the reasons given above, we hold that the high court was perfectly justified in ..... or acts have so construed and there is no reasonable ground for holding that rule of construction should not be applied in construing the charters of the different high courts. these charters were granted under statutory powers and or subject to the legislative ..... in clause 15 to section 108 should be read as a reference to the corresponding provisions of the 1935 act and the constitution. the canon of construction of statutes enunciated in section 38, interpretation act and reiterated with some modifications in section 8, general clauses act is one of general application where statutes .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(2)ALT799
..... any general rule for determining whether a provision is imperative or directory. 'no universal rule', said lord campbell l.c., can be laid down for the construction of statutes, as to whether mandatory enactments shall ba considered directory only or obligatory with an implied nullification for disobedience. it is the duty of courts of ..... of central excise, calcutta v. national tobacco company of india limited, : 1978(2)elt416(sc) the supreme court has said;'it is well established rule of construction that a power to do something essential for the proper and effectual performance of the work which the statute has in contemplation may be implied.' (see craies on ..... follows:'that the deeming provision in paragraph 6 (2) of the tenth schedule attracts an immunity analogous to that in articles 122(1) and 212(1) of the construction as understood and explained in keshav singh's case (spl. ref. no. 1, : air1965sc745 ) to protect the validity of proceedings from mere irregularities of procedure. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(3)ALT568
..... . e. venkateswarlu, 1990 (2) alt 454 of this court, held that the notification issued by the high court alone governs the situation and the court will have to, on a construction of the said notification, come to a conclusion one way or the other. in fact, in civil appeal no. 4532 (nce) of 1990 dated 21-12-1990 the learned judges .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(1)ALT713
..... things as they signify according to their natural import, but also these things which the interpretation clause declares that they shall include. but the word 'include' is susceptible of another construction, which may become imperative, if the context of the act is sufficient to show that it was not merely employed for the purpose of adding to the natural significance of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(1)ALT269; 1992CriLJ3485
..... the purpose for which it was enacted. in craies on statute law, seventh edition at page 531, the following passage occurs : 'the distinction between a strict and liberal construction has almost disappeared with regard to all classes of statutes, so that all statutes, whether penal or not, are now construed by substantially the same rules'. the supreme ..... of the act the court would be justified in disregarding the literal meaning and adopt a liberal construction which effectuates the object of the legislature'. the court has to ascertain the true meaning and real intention of the law making body. a ..... above passage in k. veeraswami v. u.o.i., 1991 (2) scale p. 150 at 170. 'the construction which would promote the general legislative purpose underlying the provision in question, is to be preferred to a construction which would not. if the literal meaning of the legislative language used would lead to result which would defeat the purpose .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(3)ALT609
..... part of pithapuram jamin estate. the adjoining villages are nagulapalli upparagudem and gollaprolu. the tank used to irrigate some of the lands in nagulapally through buthapalli tumu. some time after construction of the tank, the zamindar found that adequate water could not be stored therein for irrigation in badavacheruvu. therefore, he commissioned formation of an alternative irrigation canal known as 'yelerusakha ..... by the state and its officers is destructive of the basic principle of the rule of law. the facts and the position in law thus clearly are (1) the buildings constructed on this piece of government land did not belong to government, (2) that the petitioners were in possession and occupation of the buildings and (3) by virtue of enactments binding .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1992AP54; 1991(3)ALT87
..... the management should own its building to run the institution, and for this purpose the management shall acquire vacant site of 10 acres and they should construct the building with a plinth area of 8,000 sq. ft. thereon to accommodate the institution. the land must be registered in the name of ..... (ii) plans approved by the local authority concerned which shall conform to the rules prescribed therefor; and (iii) documents evidencing availability of the finances needed for constructing the proposed buildings; and (c) within the period specified by the authority concerned in the order granting permission :--(i) appoint teaching staff qualified according to the ..... laboratory containing rs. 15,919 worth of equipment, undertaking to start a model school in the college premises within five years, constitution of staff selection committee, construction of permanent buildings within a period of five years etc. were also produced by the management. on the basis of the above inspection note, the director .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(2)ALT32
..... when there is no statutory power or flavour involved in implementing the conditions.11. bareilly development authority v. ajay pal singh, : [1989]1scr743 :--in this case bareilly development authority undertook construction of dwelling houses for the people belonging to different groups. the prices were notified and it was also mentioned in the brochure that the actual cost might increase or decrease .....
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 : 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 .....
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