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Union of India (Uoi), Secunderabad Vs. B. Koddekar and anr.

Court : Andhra Pradesh

Reported in : 2003ACJ1286; AIR2003AP23; 2002(4)ALT310

..... -applicants are not entitled for any compensation.we are at a loss to understand as to how the ratio laid down in these two decisions which arise out of motor vehicles act, could be made applicable to the facts of the instant case.in these two decisions, it was held that the injured were not even passengers unlike in the instant cases ..... the attendance of any person and examining him on oath; b) requiring the discovery and production of documents; c) receiving evidence on affidavits; d) subject to the provisions of sections 123 and 124 of the indian evidence act, 19872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office; e) issuing commissions for the examination of witnesses or documents; f) reviewing its decisions; g) dismissing ..... by the railway administration if the passenger dies or suffers injury due to - (a) suicide or attempted suicide by him; (b) self-inflicted injury; (c) his own criminal act; (d) any act committed by him in a state of intoxication or insanity; (e) any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident. ..... down by the code of civil procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this act and of any rules, the claims tribunal shall have powers to regulate its own procedure including the fixing of places and times of its enquiry. .....

Sri K.Rama Krishna Raju Vs. Govt. of A.P. Rep. by Its Pro. Secretary

Court : Andhra Pradesh

..... declare the action of the 1st respondent, in issuing g.o.ms.no.654, revenue (vig.iv(2)) department dated 4.7.2009 according sanction for prosecution of the petitioner for offences punishable under section 7 and 13(2) of the prevention of corruption act, 1988, as without jurisdiction on the ground that it amounts to reviewing the earlier order in memo no.50991/vig.iv(2)/2008-2 dated 5.2.2009 wherein the case of the petitioner was considered, and the matter was entrusted ..... leveled against him; the petitioner should be placed on his defence before the tribunal for disciplinary proceedings under rule 3 of the apcs (dpt) rules, 1989 to enquire into the allegations which are held substantiated against him; the tribunal should conduct a detailed enquiry as per rules into the matter, and submit its report to the government within the stipulated time; and the director general ..... where a public servant, who was allegedly caught taking a bribe, seeks to avoid prosecution under the prevention of corruption act, 1988 invoking the jurisdiction of this court under article 226 of the constitution of india. ..... rules are silent on any particular point, the government can fill up gaps and supplement the rules and issue instructions not inconsistent with the rules ..... supersede statutory rules by administrative ..... , it must be promptly investigated and the offender against whom a prima facie case is made out, should be prosecuted expeditiously so that the majesty of law is upheld and the rule of law vindicated. .....

A. Mohan Rao Vs. the Sub Registrar and Others

Court : Andhra Pradesh

Reported in : 2012(5)ALD289

..... for instance, section 22-a of the registration act, as amended through act 19 of 2007, prohibits registration of documents pertaining to the properties owned by the government, assigned lands or the properties owned by the religious institutions. ..... for instance, under the revenue recovery act, attachment can be affected by the recovery officer before the property is brought to sale. ..... the authorities of the commercial tax department are also conferred with the power to affect attachment of properties, under the revenue recovery act to recover arrears of tax. ..... howsoever laudable the object of the 3rd respondent may be to protect the interests of the state, he cannot prevent transfer of the property except by issuing an order of attachment in exercise of the power under the revenue recovery act. .....

M/S Indus Towers Limited, Rep by Sri P.Ramakanth, Deputy General Manag ...

Court : Andhra Pradesh

..... the business of generation and distribution of electricity to the consumers, could purchase by way of inter-state trade, at concessional rate of tax under section 8(1) of the central sales tax act, 1956, trucks, trolleys, trailers and the like (but not passenger vehicles), as also their accessories and spare parts, tyres, and tubes and that the board was entitled to ..... sections 8(1) and 8(3)(b) of the cst act r/w rule-13 of the cst (r and t) rules 1957, it is entitled to purchase equipment for its business, in the course of inter-state trade at the concessional rate of tax of 2% from the selling dealer, provided the dealer is registered under the cst act and issues form c declaration to the ..... . the rajasthan electricity board ruling: provisions of section 8(1) of the cst act in the context of the issue whether trucks, trolleys, trailers and the like purchased by the rajasthan state which is engaged in the business of generation ..... a labour colony, administrative building and boundary wall, cannot be considered as goods qualifying for inclusion in the certificate of registration issued under section 8(3)(b) of the cst act read with rule 13 of the cst (r and t) rules, 1957 ..... ruling that a telecommunication tower is immovable property may not be of direct relevance to the issue on hand in the present lis as the impugned orders of penalty are not predicated on a premise by the revenue that the income received by the passive infrastructure providers is exigible to tax under the 2005 .....

M/S. Arisetty Satyanarayana Murty Sugars and Industries Vs. the Sub-co ...

Court : Andhra Pradesh

Reported in : AIR1993AP166

..... respondent addressed to the 3rd respondent-corporation, the mandal revenue officer clearly stated that notices under sections 5, 7 of the revenue recovery act, were not served on the petitioner for recovery of the out-standing dues to the a.p. ..... the state financial corporations act, 1951 ('the act'),for short in filing ..... the corporation may take steps to recover the dues under the financial corporations act or under the revenue recovery act, and therefore, the corporation is entitled to proceed under the revenue recovery act. ..... 52a of the revenue recovery act, flows out of the right conferred on ..... revenue recovery act provides for recovery of amount due to a corporation established by or under a central or provincial or state act or government company in the same manner as arrears of land revenue under the provisions of the said act.7. ..... 57-a of the revenue recovery act, a revision lies against the proceedings of the 2nd respondent and in view of the availability of an alternative remedy the writ ..... the revenue recovery act, are also ..... 52-a of the revenue recovery act, and the fact that civil court was approached ..... a of the revenue recovery act, and the 2nd respondent brought the machinery of the petitioner-firm to sale and the sale was knocked down in favour of the 4th respondent for ..... 32g of the act enables the corporation to make an application to the state government for recovery of the amount due to it and the state govern-ment may issue a certificate for that amount to the collector .....

B. Satyanarayana Vs. the Inspector of Vigilance Cell and ors.

Court : Andhra Pradesh

Reported in : 1996(1)ALT544; 1996CriLJ1785

..... the order of detention in this case which by its first part stated that the authority was satisfied that it was necessary to detain the person for preventing him from acting in any manner prejudicial to the maintenance of supplies essential to the community and by its second part recited the source of its power of detention as clause (b) of sub-section (2) of ..... authority must in each case be shown to have applied its mind to the activities alleged against the person and indicate in its order itself that it is necessary to detain him from preventing commission of the acts falling under one or the other or both the heads set out under the explanation to s. ..... he contended that if the detenu has violated or contravened any orders or provisions of the essential commodities act, appropriate proceedings should have been initiated under law against the detenu, instead of taking a drastic step of curtailing his personal ..... the state of karnataka 1981 cri lj 1048 (kant) has held as under :- 'the above act confers on the executive an extraordinary power to detain a person without recourse to the ordinary laws of the land on the mere subjective satisfaction of a ..... it is also stated in the grounds that the detenu was found indulging in similar illegal acts since 1991 and the same was found by the inspector of vigilence cell, tirupathi when he checked the district supply office, kurnool and found two more forged release certificates bearing ..... there can be no hard and fast rule in this regard. .....

India Oils and Fertilisers Corporation Vs. Commissioner of Commercial ...

Court : Andhra Pradesh

Reported in : [1989]75STC282(AP)

..... the learned government pleader, however, submits that this court should not entertain the present writ petition under article 226 since a remedy of appeal is provided under section 23 of the act to the high court itself within sixty days from the date the order of the commissioner is communicated to the assessee and he brought to our notice, the decision of the supreme ..... the petitioner alleged that three years thereafter, the commissioner of commercial taxes sought to revise the order dated 25th august, 1983 on the ground that section 20 of the act which gave power for suo motu revision to the deputy commissioner did not empower the deputy commissioner to exercise that power of revision at the instance of the assessee and ..... petitioner, accordingly, filed revision application before the deputy commissioner, commercial taxes, nellore under section 20 of the act contending that the orders of the commercial tax officer in so far as it levied additional tax on turnover ..... state of orissa : [1983]142itr663(sc) and submitted that the supreme court has laid down as a rule that whenever alternative remedies are provided under the sales tax law, the high court should not entertain ..... - save as otherwise expressly provided in this act, no court shall entertain any suit, or other proceeding to set aside or modify, or question the validity of any assessment, order or decision made or passed by any officer or authority under this act or any rules made thereunder, or in respect of any other matter .....

Rayala Venkataratnam and ors. Vs. Secretariat Buildings, Hyderabad and ...

Court : Andhra Pradesh

..... to have filed separate appeal/cross objections before the high court for the purpose of claiming interest under section 28 or section 34 of the land acquisition act, it was further explained as under: "there is inherent evidence in the wording of sections 28 and 34 to show that the framers of the act intended to assure the payment of interest to the person whose land was acquired and it was not the intention to subject the said payment to procedural ..... having declined to pay the interest on additional market value and solatium as provided under section 23 of the land acquisition act, 1894 to the petitioners as arbitrary and illegal.the facts, which are not in dispute, are as under :by notification dated 5.4.1979 published under section 4 (1) of the land acquisition act, 1894 (for short, 'the act'), ac.24.24 cents of the land belonging to the petitioners situated in taluvai village of jangareddygudem mandal, west godavari district was ..... officer3 holding that grant of interest on the additional amount payable under section 23 (1-a) and solarium payable under section 23 (2) of the land acquisition act was consequential and automatic and involved only arithmetical calculation and not application of judicial mind or exercise of judicial discretion. ..... interest, if payable under the act, can be claimed at any stage of the proceedings under the act, the amount of compensation under section 23 (1) which is an award-decree under section 26, is subject to the rules of procedure and limitation. .....

M/S. Andhra Ferro Alloys (Pvt.) Ltd. Vs. A.P. State Electricity Board ...

Court : Andhra Pradesh

Reported in : AIR1996AP362

..... hyderabad, : air1993ap183 .the division bench of- this court has considered the power of the board under sections 49, 13, 14 of the electricity (supply) act, 1948 and classification of industries as power intensive industries and submits that the point of classification of industries and its categorisation has been upheld by this court ..... that the alleged justification for the classification, namely, the extent of ayacut, had no reasonable relation to the objects sought to be achieved by the act, namely rationalisation, of the revenue assessments on land in the entire state'.and also para 23 which is to the following effect: 'the scope ..... embarking upon a nice or mathematical evaluation of the basis of classification, for were such an inquiry permissible it would be open to the courts to substitute their own judgment for that of the legislature or the rule-making authority on the need to classify or the desirability of achieving a particular object. ..... adopted by theboard does not suffer from the vice ofdiscrimination.section 49 of the electricity (supply) act, 1948 is to the following effect in so far it is relevant, electricity (supply) act, 1948: (a) the nature of the supply and the purposes for which it is required.mr. ..... such reasons need not appear on the face of the rule or law which effects the classification.classification must be truly founded onsubstantial differences which distinguish persons grouped together from those left out of the group and such differential attributes .....

A.N. Dyes Corporation Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : AIR1981AP386

..... ; and to the limited extent that the circumstances of any particular case allow, and within the legislative framework under which the administrator is working, only to that extent do the so-called rules of natural justice apply, which in a case such as this, is merely a duty to act fairly, i appreciate that in saying that it may be said that one is going further than is permitted on the decided cases because heretofore at any rate the decisions of the courts do seem ..... would be available to set aside an order exempting certain premises, for reasons which did not fall within the purposes for which the power under section 13 of the madras buildings (lease and rent control) act was conferred, on the ground that it was discriminatory, observed that when no reasons are disclosed by the order, the high court was competent to call for the reasons which induced the government to pass the ..... hearing but contemplates a post-decisional hearing amounts to a full review of the original order on merits, then such a statute would be construed as excluding the audi alteram partem rule at the pre-decisional stage, conversely if the statute conferrring the power is silent with regard to giving of a pre-decisional hearing to the person affected and the administrative decision taken by the authority involves civil consequences of a ..... neither the section nor the rules framed under the act prescribe a judicial procedure for exercising the power conferred on the government under the section. .....