Court : Andhra Pradesh
Reported in : 2003(1)ALD323
..... there is statutory violation of the act or therules. in support of this contention, he relied on a decision of the apex court reported in asia foundation and construction limited v. trafalgar house construction (1) limited, 1997 (1) scc 738, wherein it is held thus:'though the principle of judicial review cannot be denied so far as exercise of contractual powers of ..... kerala state electricity board and anr. v. kunien e. kalathil and ors., : air2000sc2573 , the apex court has held thus:'a contract would not become statutory simply because it is for construction of a public utility and it has been awarded by a statutory body. a statute may expressly or impliedly confer power on a statutory body to enable it to discharge .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD780
..... 'in our view the words of the said notification under the state sales tax act are so clear that they leave no doubt whatsoever and cannot be subject to any construction but one namely that only the goods upon which entry tax under the entry tax act has been paid are entitled to the exemption thereunder and there has to be ..... commissioner of income tax bangalore v j.h. golia : [1985]156itr323(sc) wherein it was held that while interpreting taxing statute where strict literal construction leads to injustice or absurd result it should be interpreted on equitable construction. 8. heard both sides and considered the material on record. 9. coming to the first issue as to the liability of the dealers to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALT364; [2003]43SCL271(AP)
..... is prohibited by shari'a law- the law applicable to the said agreement as provided in clause 6(1) of the agreement, which reads as follows :'this epa, and the construction, performance and validity thereof, shall be governed in all respects of the laws of england. except to the extent such laws conflict with the islami shari'a, to which case .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD43; 2003(3)ALT143
..... in the said case, the appellant, who was the owner of the land on apprehension that her land will be occupied by the ministry of works and hydraulics for construction of new road in violation of her fundamental right under the constitution of guyana applied to high court for redress under article 19 of the constitution of guyana. a question ..... 's land was completed.therefore, the privy council observed:by the time when the land owner's appeal was heard by the court of appeal, the circumstances had changed. construction of the new road on the land had been completed. what had been done, even if it were unlawful, could not be undone. in those circumstances, a money ..... alt 1 (db), (which was affirmed in state of a.p. v. ch.ramakrishna reddy, : (2000)5scc712 ), s. seshaiah v. state of a.p., : 1994(1)alt60 , and chairman, railway board v. chandrima das, : 2000crilj1473 , and nazeer sahab v. bibi jan, : 1994(3)alt131 , of this court. it is necessary to refer to a few of them. the subject of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD548; 2003(2)ALT770
..... contentions were earlier raised in the case of narsing (supra) and they were rejected by the court and, therefore, they are barred by principle of constructive res judicata. the respondents have also asserted that the impugned provisions of the acts are well within the legislative competence of the andhra pradesh state legislature and ..... for use on roads'. the words 'suitable for use on roads' describe the different kinds of vehicles and not their condition. they exclude farm machinery, aeroplane, railways etc., though mechanically propelled are not suitable for use on roads as held by the supreme court in automobile transport v. state of rajasthan, : [1963]1scr491 ..... collected on motor vehicles in the filed of taxation. so long as the tax collected on motor vehicles is utilised for the purpose of maintenance and construction of roads andproviding other infrastructural facilities only, such a tax under no circumstances be regarded as non-compensatory and non-regulatory simply because, the law .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD500
..... was read over, translated in telugu and explained to buggaiah and therefore it should require very strong reasons to believe that buggaiah was not aware of the contents. while constructing the will, there may be commissions, omissions and errors and unless they tend to be vague they cannot render the will invalid, if the bequeath is clear and categorical ..... was not doing any business and therefore it is improbable that such statement should have been made in ex.b.97 will. it is well-settled principle of construction of wills that in ascertaining the intention surrounding circumstances are to be considered and the court is entitled to place itself into the testators armschair and is bound to ..... he applied for allotment of a house site on the ground that he was a poor man and the government allotted him a site at saidabad where subsequently he constructed a house. it was also suggested to p.w.1 that at agapalli, buggaiah was having a bullock cart and when he came to secunderabad, his mother was .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD99; 2003(2)ALT707; 2003CriLJ1360
..... is suitable for the purpose for which it shall be used. iii. in such area conveyance are sufficient and if such area is situated in any building, tent or other construction house or room, the precautionary measures against fire and sources of air are sufficient and suitable. 41, in exercise of the powers conferred by clause (gg) of sub-section (1 ..... purpose for which it is required to be used and (3) whether in such area conveyance are sufficient and if such area is situated in any building, tent or other construction, house or room, the precautionary measures against fire and sources of air are sufficient and suitable. under rule 129 a place or public amusement shall not be kept open after .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD813
..... would be necessary for the corporation to obtain the required approvals and licences for operating the retail outlet from the new premises. the estimated time necessary for the actual construction and establishment of the retail outlet at the very minimum is about four months. thus, at least 6 months time would be required to re-site the retails ..... erection of dwelling houses for workmen employed by the company or for the provision of amenities directly connected therewith, or (aa) that such acquisition is needed for the construction of some building or work for a company which is engaged or is taking steps for engaging itself in any industry or work which is for a public purpose, ..... , the conditions on which and the manner in which the dwelling houses or amenities shall be erected or provided; (4-a) where the acquisition is for the construction of any building or work for a company which is engaged or is taking steps for engaging itself in any industry or work which is for a public purpose, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD221; 2003(2)ALT470; (2003)IILLJ857AP
..... representatives of the workmen in the prescribed manner:provided that, nothing in this sub-section shall apply to an undertaking set up for the construction of building, bridges, roads, canals, dams or for other construction work.(2) where an application for permission has been made under sub-section (1), the appropriate government, after making such enquiry as ..... of the transfer of the business constitutes 'retrenchment' as defined in section 2(oo), fell for the consideration of a constitution bench of the supreme court in barsi light railway co., ltd. v. k.n. joglekar and anr., 1957 (1) llj 243. the facts considered by the supreme court were as under: for and on behalf ..... of the president of india through the director of railway board a notice was issued to the barsi railway company limited (for short 'the company') that the undertaking of the company would be purchased and taken over with effect from 1.1.1954 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(3)ALD2; 2004(3)ALT221
..... lawful to the district collector to summarily evict any person having unlawful occupation and attach the crop raised on such land. similarly, if any building is constructed on the land unlawfully occupied, the collector shall have power to summarily demolish the building and evict the person after giving reasonable opportunity of giving cause. ..... g.o. ms. no. 479, municipal administration department, dated 2-9-1994, the land use was changed to public and semi-public use and, therefore, construction of houses has been stopped. in view of the development of layout, the vice-chairman, huda requested the government to change the land use. the government authorised ..... them registered in their names from the land owners and protected tenants jointly. after the formation of serilingampally municipality in 1987, the members were granted permission to construct buildings and the municipality, it is alleged, provided b.t. roads, street lights and water tap connections. be that as it is, when the layout .....
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