Court : Andhra Pradesh
Reported in : AIR1966AP302; 1966CriLJ1122
..... official of the department is compelling the vendor to part with the sample, because of the statutory obligation and further because prevention of the taking of such a sample by the food inspector is itself an offence under section 16(1)(d) of the act, then there is no 'sale', this is only a case of seizure or compulsory acquisition, though it may externally wear the form or semblance of a sate. ..... but, if he obtains the article not by a voluntary exchange for price but in exercise of his statutory power under section 10 of the act the transaction is not a sale notwithstanding that in obedience to sub-section (3) of section 10 its cost--and i think the sub-section advisedly uses the long phrase, 'its cost calculated at the rate at which the ..... it is obviously for this reason that section 19 of the act which sets out the defences open to accused persons in prosecutions under the act, expressly rules out a plea that the purchaser of an article of food for analysis, was not prejudiced by the transaction ..... i do not see sufficient reason to disagree with the finding of the learned magistrate that the accused acted as a carrier on behalf of not only the vendors but also the vendee namely, the hotel ..... the food inspector (municipal health officer), kurnool filed a complaint against the sole accused to the effect that the latter committed an offence under section 16(1) and section 7 read with section 2(vi) (a) and (b) and rule 44 (b) of the prevention of food adulteration act and rules, 1934. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1972CriLJ1127
..... one to the public analyst and his report showed that the milk contained 5.5 per cent of fat and 6.5 per cent of solids-not-fat, whereas as per clause (a)(ii) of appendix d to the prevention of food adulteration (amendment) rules, 1968, it should contain not less than 8.5 per cent solids other than milk fat and therefore there was a deficiency of 23 per cent of the minimum amount of the solids-not-fat and hence as_ ..... air 1960 madhpra 179 where no witness was called to be present at the time of purchase or taking of samples it was observed that the provision under section 10(7) of the act simply regulates the manner in which the food inspector is to exercise his power of taking samples and an exercise of power in disregard of the direction is not rendered ineffectual, that the language shows that the provision for ..... that is what the provisions of section 13(2) also indicate, as it says that after the institution of the prosecution under this act, the accused can file an application for sending the sample to the director of central food laboratory for a certificate. ..... udipi cooperative milk society air 1960 mya 80 also it was held that a contravention of section 10(7) of the act did not per se vitiate the prosecution and that the essential test is one ... .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2008]82SCL288(AP)
..... further proceedings ought to be conducted by the company court in accordance with the companies act and the companies (court) rules to determine whether it is just and equitable to wind up such company, which procedure has not been followed and there is no adjudication by the learned company judge that it is just and equitable to wind up such company.we have gone ..... while disposing of the miscellaneous application the learned company judge also proceeded to dispose of the company petition by ordering winding up which is contrary to the provisions of the companies act and the companies (court) rules and the observations in eastern paper mills ltd. v. ..... therefore, the rules under companies (court) rules, 1959, as above specially rule 96 as applicable under such provisions of the companies act made for the purpose of admission of petition and directions as to advertisement etc. ..... neither the companies act, nor the rules made thereunder, place any restriction on the grounds of opposition to an order of winding up. ..... ordinarily, a petition for winding up, under section 433 read with section 439 of the companies act, is posted for 'hearing on admission' after notice is given to the respondent-company, and it is only after the petitioner and the respondents are heard, and if the court is prima facie satisfied that the company petition justifies admission, would admission and an advertisement, as prescribed under the company (court) rules, 1959, follow. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1982AP214
..... a material difference between individuals claiming a right to form an association and the right of members of a co-operative society who formed an association to carry on business or trade under the provisions of the act'.it was held in that case that the co-operative societies act does not impose any restrictions on the individual rights to from an association but only affects the rights of the co-operative societies to do business which is a different and distinct right form that ..... right guaranteed under art, 19(1)(c) is confined to the initial stage of forming an association an does not protect the right to continue the association with the membership either chosen by the founders or regulated by rules made by the association itself, the right would be meaningless because, as soon as an association with its composition, so that the association formed may not be able to function at all. ..... the argument of sri venugopala reddy is that the power exercised by the assistant commissioner though authorized by s.15 (#) of the act is unconstitutional because it infringes the fundamental right of the members of the petitioner society to form associations in the sense of the members to ..... is possible to read damyanti's case itself as constituting no exception to the general rule laid down by the supreme court in the aforementioned case in raghubar dayal jai ..... (air 195) sc 226:1951 scr 525) ruled that the fundamental rights are individual rights guaranteed to ..... has specific rules providing for .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(2)ALD596; 1998(4)ALT441
..... section 34gives power to central government to remove difficulties and section 35 gives power to the appropriate government to frame rules and in terms of section 35 rules have been framed and rule 25(v)(a) lays down: '25(v)(a) in cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, ..... rule has been framed under the central act, even if there was a government order contrary to rule 25(v) that would simply be inapplicable because the concern of the petitioner as well as paper mill are subject to the act and rules that have been framed by the competent government in accordance with the act. ..... terms of government order will it supersede the provisions of the act and the rules made thereunder would be the short question. ..... also not been disputed that the rules framed under the act are applicable to the controversy in question ..... therefore, a notice under rule 25(v)(a) of the act was given to the petitioner as well as to the ..... or suppression of anymaterial fact, or the holder of licence has, without reasonable cause failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of the act or the rules made thereunder. ..... petitioners had violated and contravened rule 25(v)(a) therefore the respondents were well within their rights to cancel the licence in terms of section 14 of the act. 6. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(1)ALT54
..... this part of the programme is essentially a policy matter and as long as the act and the rules do not provide that the licences can be given only in respect of existing adequate supply of raw material for making the unit viable, it is not possible for the appellant to contend that no licence should be ..... we are also of the opinion that neither the act nor the rules provide for guaranteeing adequate supply of raw material particularly when the letters of intent were given for development of backward area with potential availability and not existing availability of ..... pointed out that the extent of allocation of raw material depended upon the order of the cane commissioner under the andhra pradesh sugarcane (regulation and supply and purchase) act, in respect of which alternative remedies were available and, therefore, the writ petition was not maintainable. 4. ..... the industries (development and regulation) act, 1951, provides that no industrial undertaking shall be established without a licence and such licence shall contain conditions as to the location of the undertaking and the minimum standards in respect of size to be provided therein as the central government may deem fit to impose in accordance with the rules, if any, made under section 30 ..... these applications are to be referred to a committee appointing under rule 10, which has to submit a report to the ministry ..... industry is governed by the industries (development and regulation) act, and licences are to be given by the government .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(5)ALD279
..... rangacharyulu, learned counsel for the petitioner placed reliance on the rules under the 1917 act made by the governor-in-council in exercise of the power conferred by section 7 of the 1917 act, in support of his contention that malas are notified as hill tribes only in godavari ..... by the 3rd respondent and others that they belong to mala caste, which is a hill tribe, and, therefore, as per section 4 of the agency tract interest and land transfer act, 1917 (hereafter called the '1917 act'), the transfer of immoveable property situated in agency tracts by a member of hill tribe to a non-tribal person is null and void. ..... is contrary to the general principle that legislation by which the conduct of mankind is to be regulated ought when introduced for the first time to deal with future acts, and ought not to change the character of past transactions carried on upon the faith of the then existing law.17. ..... as to mean any body or class of persons residents in the agency tracts that may from time to time be notified as such for the purpose of the act by the governor-in-council (as it stood prior to adaptation order, 1937) section 7 empowered the governor-in-council to make rules to carry out the purpose of the act. ..... the appellate authority, respondents 2 and 1 respectively, have mis-directed themselves in not considering the rules made by the governor-in-council under section 7 of the 1917 act. ..... by rule 1 thereof, the hill tribes for the purpose of the 1917 act were notified separately .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1991]81STC339(AP)
..... the representations given by several associations, the government have decided to grant certain concessions among which the following three required amendments to the andhra pradesh general sales tax act, 1957, namely :- (1) to simplify the scheme under section 5-b of the sales tax act to avoid any delay in extending the benefits of the scheme to all eligible manufacturing industries in the state; (2) to liberalise the condition of prepayment of tax on appeals, while however insisting ..... 5532 and 5533 of 1990, it is pointed out that the natural gas is taxable at 10 per cent under entry 118 of the first schedule of the act, that the oil and natural gas commission was paying at that rate on their sales made to the customers till january, 1989, but that they suddenly started paying at the reduced rate ..... it is true that section 5-b of the andhra pradesh general sales tax act and rule 30-a of andhra pradesh general sales tax rules and the forms g, g-1, and g-2 also used the words 'to manufacture', 'in the manufacture of', ..... from the aforesaid provisions of the act and the rules, it will be noticed that while section 5-b uses the words 'to manufacture', rule 30-b(1)(c) uses the words 'for manufacturing', rule 30-a(1) and clause (h) and forms g, g1 and g2 use the words ..... : (1972)4scc121 where it was held that the industrial gloves used by the workers engaged in hot jobs or in handling corrosive substances in the course of manufacture of goods for sale could be said to have been used in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(4)ALT94
..... . in the case of professional degrees, the bar council of india may make rules in exercise of its powers under clauses (af) and (d) of sub-section (1) of section 49 of the act prescribing the minimum qualifications required for admission to the law courses to be undergone and the standards of legal education for the law course to be observed by the universities in india and inspection of the universities for that ..... . thus, the three-year course of study envisaged under the rules and section 24 of the act required that the said course must be pursued by maintaining regular attendance ..... . rule 12 of the js rules prescribes the following qualifications for appointment by transfer and promotion of the district munsifs:-'by transfer:-(1) must not have completed 45 years of age; and(2) (a) must possess a degree in law of a university in india established or incorporated by or under a central act, provincial act or a state act, or an institution recognised by the university grants commission, or any other equivalent qualification;(b) must have passed the examination in law of practice and procedure of the andhra pradesh bar council or any examination equivalent ..... tutorials and moot courts and, therefore, they did not comply with the requirements for enrolment as advocates and that 'unless the degree of law was secured consistently with the requirements of the provisions of the act and the rules it would not serve as a qualification for enrolment .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD537
..... holders and servants of a charitable or religious institution or endowment, shall be such as may be prescribed.section 153 of the new act reads:section 153: power to make rules :--(1) the government may, after previous publication and by notification in the andhra pradesh gazette, make rules for carrying out all or any of the purposes of this act.2} every rule made under this act shall immediately after it is made, be laid before the legislative assembly of the state if it is in session and if it is not in session ..... on a consideration of the preamble to the new octroi rules, the apex court held:it is true that seven rules covering the subject of octroi and contained in chapter viii of the schedule to the bombay provisional municipal corporations act, 1949 have been specifically mentioned in the preamble as being rescinded and rule 62-b is conspicuous by its absence therefrom, which fact apparently supports dr. ..... , in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately following the legislative assembly agrees in making any modification in the rule or in the annulment of the rule, the rule .....
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