Court : Andhra Pradesh
Reported in : 2000(6)ALD756; 2000(6)ALT239
..... and becomes an humble servitor of god) resides before his pious life and teachings attract public notice, and before disciples gather round him, and a place is constructed for their lodgement.....a takia is recognized by law as a religious institution, and a grant or endowment to it is a valid wakf or public trust for ..... but in the instant case since the building in the nature of a mosque was built a clear case of dedication has been made out. once the mosque was constructed it stood dedicated to god and all the right, title and interest of the owner got completely extinguished'. 55. the learned counsel for the respondents submit that the ..... ' (free grant). nooruddin enjoyed the property without any objections.6. in 1963, nooruddin, father of the third petitioner leased out the lands to one mumtaz ah for construction of a firewood shop. the tanzeemi committee of madina masjid questioned the permission granted by the nizamabad municipality for selling up firewood shop. by an order dated 25-5- .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD555; 2000(1)ALD(Cri)226; 2000(6)ALT438
..... be judicially ascertained, the nature of composition demands awareness of certain pre-suppositions and also significance of an enactment, history, relation to other enactments, construction of words for one starting points for history, moral currency with intrinsic meaning. legislation has an aim which seeks to obviate some mischief to supply ..... to be looked into and the entries in the constitution not demarcating the powers but only demarcates the fields of respective legislatures, avoiding the literal construction of them, whether the enactment substantially falls within the powers expressly conferred by the constitution upon which legislature, the act cannot be said to suffer ..... submits that this classification is a mini-classification which cannot even otherwise be permitted. he places reliance on supreme court decision in general manager, s.c. railway v. a.v.r. siddhanti, : (1974)illj312sc . before the law laid down by the supreme court in this judgment is appreciated it may be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT607
..... for the purpose of its business and in particular and land buildings easements machinery plant and stock in trade.(xi) to rent or own godowns or undertake construction of godown on behalf of affiliated societies, to facilitate the grant of loans to members and the sale of their product or storage of raw materials and ..... it should be resolved in favour of prospective operation. in other words, before a law will be construed as retrospective, its language must imperatively and clearly require such a construction.' in people v. dilliard, 298 nys 296, 302, 252, appeal division 125 the court held as follows:'it is chiefly where the enactment would prejudicially affect vested ..... construed as to have the effect of altering the law applicable to a claim in litigation at the time when the act was passed.'105. in statutory construction and interpretation of laws by craford it is observed 'in the absence of any indication in the statute that the legislature intended for it to operate retrospectively, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT42
..... sound recording is made.(5) in the case of work architecture, copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction.18. the meaning of 'copyright' is explained in section 14, which reads thus:'14. meaning of copyright - for the purposes of this act, 'copyright' means the exclusive right subject to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD116; 2001(2)ALT237
..... . ignoring the petitioners' entitlement respondents have taken steps to deny their rights and have even taken steps to dispose of the land in s.no.246 for the purpose of construction of houses for the employees of the revenue department of chittoor district. thus averring, the petitioners sought that ryotwari patta under section 7 of the act be granted in respect ..... inamdar need not show his possession of the land and even if he is not in possession, this court held in various judgments that 'holding' of the inam amounts to constructive possession. the inams deputy tahsildar clearly stated that all the applications pending before him for grant of ryotwari patta in s.no.246 were rejected on the ground that they .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2001AP273; 2001(2)ALT462
..... at different places, depending upon the population of beggars at a given place. as indicated in the supplemental counter-affidavit, the respondents shall take steps to construct beggar homes at rangareddy district within one year from today at the designated place. we hope and trust that the authorities concerned shall strive hard to see ..... principle for allotment of land to an extent of ac. 4-00 in sy. no. 57, shamshiguda (v) balangar (m) on long term nominal basis to construct beggar home in favour of south lions rehabilitation centre and st. theresa's convent society. the collector, ranga reddy dist. was also requested to send proposals for lease ..... and arrange to furnish the full shape through commissioner of social welfare. government in revenue department requested the collector, ranga reddy dist. to identify land for construction of beggar home and send a report to government through spl. chief secretary and chief commissioner of land administration in view of the fact that the land .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD537; 2001(2)ALT521
..... justice g.p. singh, 5th edition, 1992, it is stated:- 'the supreme court in bangalore water supply v. a. rajappa, : (1978)illj349sc , approved the rule of construction stated by denning, l.j. while dealing with the definition of 'industry' in the industrial disputes act, 1947. the definition is so general and ambiguous that beg, c.j. ..... v. wrotham park settled estates, (1980) ac 74 at page 105, the law is stated in the following term : '......... i am not reluctant to adopt apurposive construction where to apply the literal meaning of the legislative language used would lead to results which would clearly defeat the purposes of the act. but in doing so the ..... and visits) rules, 1988 were made could not have been taken recourse to by the learned tribunal below in view of the fact that for the purpose of construction of one rule recourse to the provision of another rule is not permissible. in any event, contends the teamed counsel, government institution and non-government institution having .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALD125; 2001(3)ALT164
..... litigation and every matter coming into the legitimate purview of the original action both in respect of the matters of claim and defence. thus, the principle of constructive res judicata underlying explanation iv of section 11 of the code of civil procedure was applied to writ case. we, accordingly hold that the writ case ..... and the present writ petition are directed against the same statute and the grounds raised by the petitioner in that behalf are subsequently the same.'the decision in forward construction company v. prabhat mandal (regd.) andheri, : air1986sc391 , further clarified the position by holding that an adjudication is conclusive and final not only as to the ..... policy demands that they not be permitted to be reopened after a period of 12 years. according to the learned counsel, the principles of res judicata and constructive res judicata as also the principles embodied in order ii, rule 2 of the code of civil procedure are attracted in writ proceedings. reliance in this .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALT673; [2001]106CompCas338(AP); (2001)3CompLJ379(AP)
..... following the literal meaning of the enactment where that meaning is in accordance with the legislative purpose (in the code called a purposive-and-literal construction), (b) applying a strained meaning where the literal meaning is not in accordance with the legislative purpose (in the code called a purposive-and-strained ..... construction). 32. it is further a well settled principle of law that when an order is passed by one court, the doctrine of amity or comity of ..... of both the statutes. for the aforementioned purpose, recourse to the rule of purposive construction may be necessary. in francis bennion statutory interpretation, second edition, as regards the rule of 'purposive construction', it has been stated at section 304 as under : a purposive construction of an enactment is one which gives effect to the legislative purpose by- (a) .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2001]250ITR97(AP)
..... clearly showing an intention to lay the burden on the subject. in this process, the courts must adhere to the words of the statute and the so-called e uitable construction of those words of the statute is not permissible. the task of the court is to construe the provisions of the taxing enactments according to the ordinary and natural meaning ..... by the revenue in regard to the tax originally assessed.it is settled principle in law that the courts while construing revenue acts have to give a fair and reasonable construction to the language of a statute without leaning to one side or the other, meaning thereby that no tax or levy can be imposed on a subject by an act .....
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