Court : Andhra Pradesh
Reported in : 2001(3)ALD760; 2001(3)ALT706
..... cases including in (28) registrar of north bengal university v. ..... section 6provides: 6(1) where any holder of an elective office or any officer or authority makes any appointment in contravention of the provisions of this act, -- (a) it shall be deemed in the case of the holder of an elective office that he has abused his position or power and accordingly competent authority shall initiate proceedings for his removal; and (b) in the case of an officer or ..... taking action under sub-section (1) the pay and allowances paid to the person whose appointment is in contravention of the provisions of this act shall be deemed to be an illegal payment and a loss to the government or, as the case may be, to the concerned instruction and the same shall be recoverable by surcharging the same under the andhra pradesh state audit act, 1989 against the person, officer or authority who makes such appointment in contravention of the provisions of this ..... was also not stated that the appellant had, at anytime, acting upon the promise, altered his position, in any manner, specially ..... the ground of alleged irregularity in the said appointment,purported to be in contravention or act no.2 of 1994, a direction was issued by the respondent no.1 herein to remove ..... for consideration in this writ petition is as to whether the andhra pradesh (regulation of appointments to public services and rationalisation of staff pattern and pay structure) act, 1994 (act no.2 of 1994) is applicable to the case of the petitioner. 2. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1990AP100
..... the principal act was further amended by the cinematograph (amendment) act, 1981 (act 49 of 1981) for short, 'the third amendment act', which came into force w.e.f ..... the contention of sri subhashan reddy, learned counsel for the petitioner is that the 3rd amendment act 49 of 1981 merely amends sections 3, 4, 5a and 5b and no amendments to sees. ..... he is a visiting professor of several universities on faculty of preventive medicine and social science not only in india but also abroad ..... anjanayulu, distinguished and eminent professor in social science and preventive medicine, osmania university who is a recipient of b. c. ..... thus, it is the settled law that the object of the 3rd amendment act has to be gleaned from the purpose it seeks to serve and to find whether there are any ..... 20 which reads:'the cinematograph (amendment) act, 1974 is hereby repealed'.the principal act was amended by the cinematograph (amendment) act, 1984 (act 56 of 1984) for short, 'the 4th amendment act' merely omitting section 6-b and introducing amendment to section 7 of the principal act.6. ..... section 5-a gives powers to the board to grant certification after examining the film in the manner provided in the act that it is suitable for unrestricted public exhibition or restricted to adults (a) certificate etc. ..... regents of 'university of new york (1959) 3 law ed 2d 1512 dealing with lady chatterley's lover case the supreme court of united states of america upheld propagation of adultery not offending freedom of expression .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALD1; 2006(1)ALT785
..... whole teaching staff in one class for the purpose of applying the rule would seem unassailable/', is an observation in the context of the phraseology of section 6(2) of the cochin university act, 1971 and in the context of the factual situation where the validity of section 6(2) of the said act was questioned neither before the high court nor the supreme court and the constitutional validity of clubbing of posts was not in issue. ..... supra) held that the principle that subject-wise and post-wise indication is mandated was a principle enunciated by the supreme court not exclusively on the provisions of the nagpur university act but independently for the reason that non-indication of reservation of posts subject-wise would lead to arbitrariness and invidious discrimination. ..... single judge) holding (a) that the suresh chandra varma principle was enunciated in the context of the provisions of the nagpur university act and (b) that suresh chandra verma (2 supra) was a decision of two learned judges of the supreme court as against the judgment in raman nair (1 supra), which was by a three judges ..... . 2keeping in view the decision taken in the vice-chancellor's conference held at tirupati on 9-4-1981, government direct that the reservation in teaching posts should be made by grouping the faculties as indicated below:-group-i : arts, commerce, business management, law, social sciences and education ..... . state of west bengal (8 supra) in support of ..... . state of west bengal : [1987] ..... .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD476; 2001(6)ALT255
..... the apex court, while dealing with a dispute as regards unauthorized absence or overstaying of leave by the delinquent therein, under aligarh university revised leave rules (1969) and aligarh muslim university act in mansoor ali khan (supra), referred to various decisions and held that each case must be tested on its own merit.29. ..... reliance in this connection has been placed on the decisions of the apex court in aligarh muslim university v.mansoor ali khan, : air2000sc2783 3 and m.c. ..... the high court on reconsideration of the matter has to give its opinion to the governor and the governor must invariably act in accordance with the opinion so given by the high court. ..... union of india {(1996) 6 scc 237} and aligarh muslim university v. ..... according to the view of the majority, the act of the courtin allowing the administrative committee to decide that question under rule 1 of chapter iii of the 1952 rules is an act of 'self- abnegation' and therefore void. ..... in such cases it is the contemplation in the constitution that the governor as the head of the state will-act in harmony with the recommendation of the high court. ..... strong reliance in this connection has been placed on the decisions of the apex court in state of west bengal v. ..... the governor has no option to act in a manner different from that recommended by the high court ..... jagmohan : [1981]1scr746 ; k.l ..... tracing the history of that concept, hidayatullah, j in state of west bengal v. ..... 'the government will act on the recommendation of the high .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALD309
..... by order specify in this behalf,(b) 'educational institutions' means any primary school, middle school and high school recognized by the state government or central government, junior college or any college affiliated to any university established by law,(c) 'high way' means national high way or state high way and shall not passes within the limits of municipal corporation, municipal council or the gouthan in any village or panchayat ..... specify in this behalf;(b) 'educational institutions' means any primary school, middle school and high school recognized by the state government or central government, junior college or any college affiliated to any university established by law:(c) 'high way' means national high way or state highway and shall not include the part of the national highway or state highway which passes within the limits of municipal ..... the respondents applied for and were granted permits under the provisions of the maritime zones of india (regulation of fishing by foreign vessels) act, 1981 in short 'the act' and the maritime zones of india (regulation of fishing by foreign vessels) rules, 1982 (in short 'the rules'). ..... 's case (supra), the supreme court examined challenge to the constitutionality of andhra pradesh prohibition act, 1995, referred to the constitution bench judgment in khoday distilleries's case (supra), and held:the contention that a citizen of this country has a fundamental right to trade in intoxicating liquors refuses ..... north and east devon health .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1993AP257
..... present in rudraram village and surrounding villages of patancheru mandal, medak district, having regard to the provisions of the water (prevention and control of pollution) act, 1974, the air (prevention and control of pollution) act, 1981, and the environment (protection) act, 1986 and the rules made thereunder, the likely effect of the setting up of the mechanised slaughter house at rudraram village on the prevailing environment, and ..... , the central government shall consider the same, having regard to the provisions of the water (prevention and control of pollution) act, 1974, the air (prevention and control of pollution) act, (981, the environment (protection) act, 1986 and the industries (development and regulation) act, 1951 and pass appropriate orders in relation to the establishment of the mechanised slaughter-house (abattoir) at rudraram village, patancheru ..... x x x x x x 'it is only when courts are apprised of gross viplation of fundamental rights by a group or a class action or when basic human rights are invaded or when there are complaints of such acts as shock the judicial conscience that the courts, especially this court, should leave aside procedural shackles and hear such petitions and extend its jurisdiction under all available provisions for remedying the ..... state of west bengal, air 1987 sc 1109 wherein it was held as follows at page 1114:'where an administrative action or order of the government involves the problem of environment and ..... of the north wales police .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALT500
..... also shows that on 30-12-2002 the application of the 2nd respondent was placed before the technical committee constituted under the provisions of the air (prevention and control of pollution) act and the water (prevention and control of pollution) act, 1974 and the committee after elaborately considering the details submitted by the applicant suggested that the 2nd respondent should be directed to submit revised plans shifting south ward the location ..... the said order was issued under section 25 of water (prevention and control of pollution) act, 1974 and section 21 of air (prevention and control of pollution) act, 1981 and the rules made thereunder.20. ..... control board under section 25 of the water prevention and control of pollution act, 1974 and section 21 of the air prevention and control of pollution act, 1981. ..... that apart, the central government in exercise of the powers conferred by section 3(2) and (1)(v) of the environment protection act, 1986 read with rule 5 (3) (d) of the environment protection rules 1986 issued environment impact assessment notification vide so 60 (e) dated 27-1-1994 directing that expansion or modernization of any activity listed in schedule i to the said notification shall not ..... in the said case on the basis of the expert opinions and exhaustive reports furnished by the national environmental appellate authority, new delhi (neaa), bombay university department of chemical technology headed by dr. ..... are to be located in north-east corner beyond 10 k.ms. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD(Cri)338; 2005(3)ALT487
..... of maharashtra : 1992crilj769 , which arose under maharashtra prevention of dangerous activities of slumlords, bootleggers and drug offenders act, 1981, which contained provisions similar to those of the act ..... . state of west bengal, : 1970crilj1136 the true distinction between the areas of law and order and public order lies not merely in the nature or quality of the act, but in the degree and extent of its reach ..... . state of west bengal : 1970crilj852 and rashidmiya's case (14th cited supra), held that merely because a bootlegger cannot be preventively detained under the provisions of the act, but it must be ensured that his activities affected adversely or likely to affect adversely the maintenance of ..... state of west bengal : 1974crilj1479 while dealing with the constitutional validity of the maintenance of internal security act, 1991 observed thus:'the essential concept of preventive detention is that detention of a person is not to punish him for something he has done but to prevent him from doing ..... . state of west bengal : 1970crilj1136 , the supreme court had an occasion to deal with distinction between the law and order and public order, the court observed thus:'that public order would embrace more of the ..... . state of west bengal : 1970crilj852 , the supreme court held as follows:'...........it is true some incidents of beating by the petitioner had taken place, as alleged by ..... . state of west bengal : 1975crilj1329 , wherein the detention order was challenged on the ground .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(1)ALD520; 2007(1)ALT345
..... is that the petitioners have been pursuing the other remedies and even otherwise the procedure as contemplated by the andhra pradesh (scheduled castes, scheduled tribes and backward classes) regulation of issue of community certificates act, 1993 to be followed and unless the said certificate is duly cancelled in accordance with law or in the alternative unless the election is questioned by way of election petition and duly set aside, ..... , the central information commission or state information commission, as the case may be, has the power to(a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this act, including-(i) by providing access to information, if so requested, in a particular form;(ii) by appointing central public information officer or state public information officer, as the case may be;(iii) by publishing certain information or categories of information;(iv) ..... by notification, cancel the certificate after giving the person concerned an opportunity of making a representation.provided that where an enquiry into the genuineness of a community certificate issued prior to the commencement of this act has commenced and is pending at such commencement, the record thereof shall be transferred by the concerned authority to the district collector and he shall continue the enquiry and conclude the same under this sub ..... -association registered under the societies registration act, 1981 with registration no. ..... west bengal .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(4)ALD389
..... environment (protection) act (29 of 1986); water (prevention and control of pollution) act (6 of 1974 as amended by act 44 of 1978); air (prevention and control of pollution) act (14 of 1981 as amended by act 47 of 1987, are some of the places of legislation as unfolded pursuant to article 21 ..... observed that stone crushers and quarry leases of respondents 7 and 8 are at a distance of 1-1/2 kilometres in ne direction, the assistant director of mines and geology found that these quarries and crushers are located 1 km north west of nanakramguda village, and as such they are also within prohibited distance.17. ..... required under section 21/22 of air (prevention and control of pollution) act, 1981. ..... and 11 have stated in their counter-affidavit that they have obtained no objection certificate from the collector, ranga reddy district for storage of explosives and also, licence under explosive substances act from the authorities for using the same for mining operations. ..... state of west bengal, air 1987 sc 1109, the supreme court expressing its deep concern over deteriorating ecological imbalance leading to health hazards, observed :'today society's interaction with nature is so extensive that the ..... crashers are located 1 kilometre north-west of nanakramguda village. ..... explosive licences are granted by the controller of explosives in consultation with revenue and police departments, and any irregularities in blasting operations arc to be dealt with under explosives act by the said two departments. .....
Tag this Judgment!