Court : Andhra Pradesh
Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)
..... atiqua begum (air 1941 f.c. 16); western india theatres ltd. v. cantonment board : air1959sc582 ; the other substantial principle that should guide the construction and interpretation of legislative entries is that competing entries must be read harmoniously. to avoid conflict the entries must be read together and interpreted having due regard ..... engage in and all such businesses fall within the legislative field of banking in entry-45. shah, j speaking for the majority, rejecting such expansive construction of entry 45, held:'37. in modern times in india as elsewhere, to attract business, banking establishments render and compete in rendering, a variety ..... financing bank. in our examination of the constitutional scheme of distribution of legislative powers and on consideration of various precedents that guide the interpretation and construction of legislative entries, in particular precedents that have elucidated the scope and content of the entry banking in list-i, we are compelled to the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (2005)186CTR(AP)451; 2005(185)ELT236(AP); 2006[3]STR565
..... the constitutionality of the law becomes essentially a question of power which in a federal constitution, unlike a legally omnipotent legislature like the british parliament, turns upon the construction of the entries in the legislative lists. if a legislature with limited or qualified jurisdiction transgresses its powers, such transgression may be open, direct and overt, or ..... tax on (a) manufactured tea and (b) jute in bales carried by motor vehicle, cart, trolley, boat, animal and human agency or any other means except railways and airways in such manner and in respect of such period and at such rate as specified in the schedule.(2) such tax levied on manufactured tea shall be ..... inland waterways, is in the exclusive domain of the state legislature, whereas in terms of entry 89 in list-i, taxes on goods or passengers carried by railways, sea or air, is in the exclusive domain of the parliament. since the tax imposed by the impugned acts is tax on passengers and goods carried by road .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD631
..... land to her for carrying agriculture. she also averred that she dug three borewells in vain and therefore she dug open well in order to raise grape garden besides constructing fencing with stone pillars and barbed wire, servant quarters and pump house. in ex.x.4, she makes an interesting statement which reads as under:.but, i was ..... the plaintiff and in the case of oral agreement the task of the plaintiff is difficult considering the earlier decision in pt. prem raj v. d.l.f. housing and construction (p) ltd, : [1968]3scr648 , the supreme court laid down that in a suit for specific performance it is incumbent on the plaintiff to not only set out ..... all other allegations made by appellant that she dug bore wells and a well, dug pits for laying grape plants, provided water channels, fenced the area of fencing and constructed servant quarters and pump house are denied. the respondents also denied the allegation that appellant spent rs. 65,000/- for the development of land and that she was in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD839; 2005(2)ALT308
..... wakf or whether it is shia or sunni wakf, then the tribunal has no jurisdiction to deal with it. a suit for permanent injunction restraining the defendants from interfering with construction of shops in mosque premises does not fall within the ambit of sections 6, 7 and 83 of the wakf act, 1995; therefore, the question of instituting a suit in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD752; 2005(1)ALT310
..... ]1scr400 . wherein a constitution bench of the supreme court ruled that while testing reasonableness on restrictions impinging on fundamental freedom, the court has to keep in mind two rules of construction in mind. first, the courts generally lean towards the constitutionality of a legislative measure impugned before them upon the presumption that a legislature would not deliberately flout a constitutional safeguard ..... of sub-section (1) of section 3 which uses the words 'regulating or prohibiting'. that is not proper way of construction of sub-section s (1) and (2) of section 3 of the act in their normal setting. the restricted construction of section 3 contended for by learned counsel for the appellant would render the scheme of the act wholly unworkable as .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD(Cri)338; 2005(3)ALT487
..... goes against the express words parliament has used. (expressum facit cessare tacitum)51. in dickenson v. fletcher 1873 l.r. 9 c.p.1, maxwell j. said 'that the strict construction of penal statutes seem to manifest itself in four ways':(a) in the requirement of express language for the creation of an offence(b) in interpreting strictly words setting out .....
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!Court : Andhra Pradesh
Reported in : 2004(5)ALT61
..... order and for reasons to be recorded therein, exempt any society or any class of societies from any of the provisions of this act.' 59. on a true and fair construction of the provisions of sec. 123 of the act it is clear that it is a grant of executive power to the executive branch of the state. as the power .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALD322
..... the above narration of events the following facts emerged:1) the premises in which the tenant was originally running a hotel was acquired by the devasthanam for the construction of 'queue complex' under a master plan and under the provisions of the land acquisition act and the owner concerned was paid the compensation. 2) the ..... permanent lease. what all the note says was that the tenant was asking for permanent lease and when the specified authority agreed to provide alternative site for construction of a building by the tenant himself, he came up with alternative proposals wherein he did not seek permanent lease. the representation of the tenant wherein he ..... order issued by the executive officer is not in conformity with the resolution passed by the specified authority. 25. secondly, after demolition of the canteen premises for construction of queue complex, in the year 1977, considering the request of the tenant, the board agreed to provide an alternative premises to the tenant to run the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALD751
..... event it results in wholesale reservation in favour of open categories and hostile discrimination in favour of the reserved categories. hence to give an harmonious construction and interpretation the authorities have to observe class reservation by rotation to provide equal opportunities to all sections of the society. if any other procedure ..... contradiction and conflict between its various provisions, or undermines, or tends to defeat or destroy the basic scheme and purposes of the enactment. these canons of construction apply to the interpretation of our constitution with greater force, because the constitution is a living, integrated organism, having a soul and consciousness of its own ..... to be achieved, and the consequences that may flow from the adoption of one in preference to the other possible interpretation.64. where two alternative constructions are possible the court must choose the one which will be in accord with the other parts of the statute and ensure its smooth, harmonious .....
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