Court : Andhra Pradesh
Reported in : AIR1963AP263
..... , who spoke for the bench, observed :-'on proper consideration of these different sub clauses (of section 47) it does not appear to me that rule 57-a of the motor vehicles act is inconsistent with any one of them.'9. ..... but where as provided in section 68(1) rules are to be framed for carrying out the purposes of the act, such rules cannot travel beyond the four corners of the act itself. ..... secondly it is urged that rule 153-d oversteps the limits imposed by chapter iv of the motor vehicles act (hereinafter called as the act) in general and section 47 in particular. ..... in view of the opinion we have expressed above, the argument that the impugned rule is inconsistent with section 47 or chapter iv of the act does not hold water. ..... the question before their lordships of the privy council was whether rule 26 made under the defence of india act was ultra vires of section 2(2) (x). ..... if we go through the whole of the act, we find under various sections that some matters are left to be regulated by rules and perhaps, as is argued by the learned advocate for the petitioners, except sections 47 and 55 in practically every other section some details relating to some matters are left to subordinate legislation. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1988AP358
..... therefore even though the product in question might have fallen under item 19 in the first schedule to the act at the intermediate stage of production, at the final stage when the duty became exigible it became taxable under item 22 ..... 100 (supra) held that the object of the industries (development and regulation) act, under which cess is levied is for the purpose of development and regulation of the industries is different from the central excise act as the cess collected has to be handed over by the central government to a development ..... 9 and 49 of the excise rules with retrospective effect from 28-2-1944 the intermediatory products are dutiable under the excise act also and even otherwise the considerations for excise levy cannot be imported for the purpose of levy of ..... of the act, the central government made rules called 'jute n4anufacturers cess rules, 1976' ..... referred to levy on intermediatory products held that the principles with regard to levy of excise duty under the central excise act cannot be applied to the levy of cess under s. ..... , that item 23 of the first schedule to the act refers only to textiles made wholly or in part of the jute and it does not specify jute yarn and therefore, the government has no power to levy cess on jute yarn and the jute yarn cannot ..... 9(1) of the industries (development and regulation) act, 1951 which provides for levy and collection of cess on all goods manufactured or produced in scheduled industries as may be specified by the central government .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(3)ALD762; 1997(4)ALT80
..... during the period of this agreement, the second party shall be responsible for compliance with the provisions of any act, rules and regulations applicable to the unit at balanagar and shall indemnify the company for any loss, injury or liability incurred or caused during the said period'. ..... relevant to state here that this court in the course of its judgment in the above case did not over-rule the decision of the calcutta high court in bharat board mills ltd. ..... -1st respondent herein passed orders on may 7, 1990 holding that the petitioner is not entitled for infancy protection under section 16(1)(b) of the act and against the said order, the present writ petition has been filed. 3. ..... that old establishment was completely closed when the transfer of ownership took place and entirely a new establishment was established three months later and therefore the benefit of non applicability of the act under section 16(1)(b) for a period of three years was available to the new owner. ..... on appeal filed by the management, the division bench held that the act applies not to a particular individual, who is the owner, but to ..... 's case (supra), the supreme court held that the act being a beneficent statute and section 16 of the act being a clause granting exemption to the employer from the liability to make contributions, section 16 should receive a ..... other establishment established whether before or after the commencement of this act, unless three years have elapsed from its establishment'. 8. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(6)ALT408
..... interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or ..... even if there is interruption during that period on account of (1) sickness, or (2) accident, or (3) leave, or (4) absence from duty without leave except when there is break of service under orders passed as per the standing orders, rules or regulations and/or (5) lay-off, strike or lock-out or cessation of work not due to any fault of the employee concerned. ..... that the said narsanna was not in continuous service for the purpose of calculating gratuity under section 2-a(1) of the payment of gratuity act, 1972 (hereinafter referred to as 'the act'). ..... there was obviously no order passed by the employer in accordance with the standing orders, rules or regulations to the effect that the absence of the employees on those days or on any of those days was to be ..... employee is absent from duty without leave and further if an order is passed by the employer treating this absence without leave as break in service in accordance with the standing orders, rules and regulations, that it would not amount to continuous service in that period. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(4)ALD586; 2008(4)ALT702
..... case it is any other non-residential building, if the landlord is not occupying a non-residential building in the city, town or village concerned which is his own or to the possession of which he is entitled whether under this act or otherwise--(a) for the purpose of a business which he is carrying on, on the date of the application, or(b) for the purpose of a business which in the opinion of the controller, the landlord bona fide proposes to commence:provided ..... of the landlord, independent of and over and above the need of the landlord, are all, in our view, irrelevant considerations in the context of construing the provisions in section 10(3)(a)(iii) of the act which, in clear terms, interdicts the landlord, in absolute terms, from seeking recovery of the non-residential building belonging to him in the occupation of the tenant. ..... revision petitions filed under section 22 of andhra pradesh buildings (lease, rent and eviction) control act 1960 (the act, for brevity) arise out of same original proceedings and therefore it is expedient to dispose ..... learned counsel also submits that notice of deposit under rule 5(4) of andhra pradesh buildings (lease, rent and eviction) control rules 1961 (the rules, for brevity), was never given by tenants and therefore impugned order of appellate authority in reverse ..... indeed applying rule of evidence in section 58 of indian evidence act 1872, when p.w.1 admitted that he is receiving challans regularly, there was no further necessity for tenants to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(4)ALT435; (1998)IIILLJ999AP
..... powers are obliged to give oral hearings and opportunity to the parties who are going to be affected by the decision ultimately by adopting the principles of natural justice, they are not normally bound by the legal rules of evidence and the law goes to the extent of saying that it may also receive hear-say evidence provided always that the party affected is given fair opportunity to contest it as natural justice requires. ..... ibrahim mahmood issak, (1970-i-llj-16) had an occasion to deal with the question strictly arising under section 3 of the act, where the question whether an accident arose out of and in the course of the employment under section 3 of the act was considered to hold that the burden rests upon the workman to prove it and the commissioner can draw inferences from proved facts, but he should not base his findings merely surmises or ..... ramachandra rao, the learned counsel for the appellant has squarely dismissed such an argument by saying that at no cost section 12 of the act can be attracted to the facts and circumstances of the case as it is nobody's case that another person under whom the deceased might be working was engaged or utilised as a contractor by the appellant for any purpose at the ..... there is also no other provision either in the act or under the rules regulating the procedure to deal with an appeal. ..... anasuya, 1972 (1) alt 248 has held that the commissioner functions as a quasi-judicial authority and is therefore bound to pass a speaking order assigning .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD436; 2001(6)ALT67
..... the matter of its activity it is bound by the directions issued by the central government as envisaged under sub-section (2) of section 6 of the act, but subject thereto, the board of directors, upon whom the management vests, while discharging the functions are required to act on business principles having regard to the interests of the producer and consumer. ..... noticing two conflicting views on interpretation of section 13(1) of the food corporations india act, 1964, (37 of 1964) ('the said act' for the sake of brevity) these matters have been referred to a full bench by a ..... choudary and seetharam reddy, jj) interpreting section 13 of the food corporation act, 1964, the division bench stated the law thus:'it is rather difficult to derive from the language of section 13 of the act the duty resting on the food corporation of india to supply wheat to the flour mills owned by the ..... the petitioners would submit that in terms of section 6 of the said act the policy decision of the central government is binding on food corporation of ..... having regard to the statement of objects and reasons of the act, we are of the opinion that the respondent-corporation is not bound to supply wheat to the wheat roller flour mills by way of statutory obligation nor the petitioners have any ..... it is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that ..... the golden rule is that the words of a statute must prima facie .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALT423
..... lawful cause, it cannot be said that he is not guilty of wilful default because such a course of conduct manifestly amounts to wilful default as contemplated either by the act or by other acts referred to above.further strong reliance was placed on a decision of the learned judge of this court on the decision referred (2) supra wherein the learned judge observed:it is clear that in ..... belief that no default has occurred, has existed.if one takes into account all the circumstances of the instant case, it is clear that the tenant was acting under the misapprehension that the liability in regard to the enhanced portion of rent had not become final and that the nonpayment of the enhanced portion of the rent ..... intentional; not incidental or involuntary:done intentionally, knowingly, and purposely, without justifiable excuse as distinguished from an act done carelessly; thoughtlessly, heedlessly or inadvertently;in common parlance word 'wilful' is used in sense of intentional, as distinguished from accidental or involuntary.p-296 -'wilful' refers to act consciously and deliberately done and signifies course of conduct marked by exercise of volition rather than which is accidental, ..... to follow the mandatory procedure laid down under section 8(4) of the rent control act.in the light of ex.b-15 subsequent to the dismissal on 14-9-1993, no proceeding at the instance of the tenant was pending and hence the question of further depositing rents by the tenant under the rules would not arise .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD585; 2004(3)ALT104
..... since the trial court dismissed the suit, question of the plaintiffs paying court fees on interest pendents lite does not arise because explanation (3) to section 49 of the act strongly relied on by the learned counsel for the appellant lays down that 'in claims which include the award of interest subsequent to the institution of the suit' interest accrued during the pendency ..... plaintiff can file a single suit against defendants for different causes of action as per rules 1 and 3 of order 1 cpc as per section 6(3) of the act he has to pay separate court fee separately for the relied claimed under different cause ..... in appeals which raise a controversy as to pendente lite interest, interest from the date of suit till date of decree appealed against would be deemed to be subject-matter of appeal as per explanation 3 to section 49 of the act and upheld the objection taken by the registry. ..... court fees and suits valuation act, 1956, (the act) by relying on rai ..... in my considered opinion the requirement of rule 31 of order 41 cpc should not be taken too technically, and literal compliance thereof ..... reasons for its decision, its judgment cannot be said to be vitiated just because it did not formulate a point or points for determination in the appeal, as substantial compliance with the said rule would be sufficient. ..... counsel for the appellant is that the appellant, is that the failure of the first appellate court in framing a point for consideration, as contemplated by rule 31 of order 41 c.p.c. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(1)ALD375; 2000(1)ALT103
..... in fact, sections 35, 36 and 37 of the act have to be read together along with rule 6 of the rules framed under the act and such a combined reading would make it clear that exclusive jurisdiction is conferred upon the executive officer to deal with the office holders and servants of an institution whose annual income exceeds rupees ten ..... this is on the principle that if in such a situation the dominant purpose is unlawful then the act itself is unlawful and it is not cured by saying that they had another purpose which was ..... alleged that the second respondent openly threatened the petitioner that he would initiate proceedings under the sc/st atrocities act, by stating that the petitioner would never be able to come out of it in his life. ..... in exercise of power conferred by sections 37 and 38 read with section 153 of the act framed rules called the andhra pradesh charitable and hindu religious institutions and endowments office holders and servants punishment rules, 1987 (for short 'the rules'). ..... the scheme of the act read together with the said rules would undoubtedly reveal that the executive officer is the competent authority to place an office holder or servant of an institution whose annual income exceeds rupees ten lakhs under suspension pending inquiry into grave charges ..... is made by the learned counsel for the petitioner to contend as if rule 6 of the rules is ultra vires the provisions of the act. ..... the rule merely amplifies as to what is contained in section 37 of the act, .....
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