Court : Andhra Pradesh
..... . the learned senior counsel contended that in view of introduction of sub section 2 to section 2-a by the central amendment act, the state amendment get obliterated and the central amendment shall prevail. according to learned senior counsel, there is clear repugnancy between these two provisions and whenever there is repugnancy between ..... workman has not filed an application before the conciliation officer, the dispute raised before the industrial tribunal cannot be invalidated. i do not see patent error committed by the labour court in entertaining the dispute and over-ruling the objection on maintainability of the dispute directly without waiting for 45 ..... (1998 scc online pat.386), senior regional manager, hindustan petroleum corporation limited, secunderabad and another vs presiding officer, industrial tribunal-1, hyderabad and another (2002 (2) ald 462 (db). 6. learned senior counsel further contended that though the supreme court in the case of yovan, india cements employees union and .....
Tag this Judgment!Court : Andhra Pradesh
..... short the guidelines ?). the guidelines read thus: section 22-a certain guidelines [circular memo no.g1/19131/05, dt.14-09-2007] sub: registration and stamps department - registration (a.p. amendment) act 2007 - act no.19 of 2007 relating to section 22-a certain guidelines issued regarding. * * * the government have notified through g.o.ms.no.863 revenue (reg.i) department, dt.20 ..... the action of the 3rd respondent in refusing to register the document in question. as the provisions of section 22a of the act are not attracted, the order of the 2nd respondent confirming the order of the 3rd respondent is patently illegal and without jurisdiction. 13. the impugned order of the 2nd respondent, confirming the order of the 3rd respondent, is set .....
Tag this Judgment!Court : Andhra Pradesh
..... does not trench upon merits or constitute adjudication, as such, no letters patent appeal lies. similarly, in the judgment in canbank financial services ltd.'s case (7 supra), it is held that the embargo on appeals under section 37 ..... held that mere ordering notice does not amount to judgment, as such, appeal against such ordering notice is not maintainable. when clause 15 of the letters patent provided only appeals against the judgment and an appeal is filed against mere ordering notice, a division bench of this court has held that ordering of notice ..... is also apt to refer to section 5 of the arbitration and conciliation act. earlier to the present enactment on arbitration i.e. arbitration and conciliation act of 1996, the law relating to arbitration was governed by arbitration act of 1940. to consolidate and amend the law relating to domestic arbitration and international commercial arbitration, enforcement of .....
Tag this Judgment!Court : Andhra Pradesh
..... be enforced even in a court of junior civil judge or senior civil judge, as the case may be, depending upon the pecuniary jurisdiction. 22. after cpc (amendment) act, 1999, inserting section 89 in part v, any civil court can refer the suit or proceeding before it to arbitration if there are elements of settlement acceptable to ..... the express prohibition, an appeal under the letters patent from an order passed in appeal under subsection (1), of section 39 of the act of 1940, is competent. it is thus clear that no letters patent appeal would lie from an order in an appeal filed under section 37 of the act of 1996. the second appeal contemplated under sub- ..... section (3) of section 37 of the act of 1996 means an appeal under the letters patent and since there is expressed prohibition to file such appeal no letters patent would lie. merely because the expression "second appeal" is used .....
Tag this Judgment!Court : Andhra Pradesh
..... principles contained in the heydon's rule shall squarely be attracted in this case. 37. it is a settled principle of interpretation of statute that when an amendment is made to an act, or when a new enactment is made, heydon's rule is often utilized in interpreting the same. {see philips medical systems (cleveland) inc. v. indian ..... rules, the prohibition and excise superintendent concerned is competent to issue licence once the applicant is selected by the district collector. 15. the state government brought in certain amendments to the rules and notified the same vide g.o.ms.no.218, revenue (excise-ii) department, dated 22.06.2015. by virtue of the same, the ..... rule that plain words should be interpreted according to their plain meaning. there need be no neck and mute submission to the plainness of the language. to avoid patent injustice, anomaly or absurdity or to avoid invalidation of a law, the court would be well justified in departing from the so-called golden rule of construction so .....
Tag this Judgment!Court : Andhra Pradesh
..... have been made in these petitions, first, to declare that sections 8, 10, 11 and 13 of the mines and minerals (development and regulation) amendment act, 2015 (for short the amendment act') notified in the extraordinary gazette dated 27.03.2015 and brought into effect on 12.01.2015, are unreasonable, arbitrary and unconstitutional being violative of ..... incur the high costs involved in exploration activities and then compete for that resource in an open auction. the logic is similar to that applied in patents. firms are given incentives to invest in research and development with the promise of exclusive access to the market for the sale of that invention. ..... some valid principle which in itself was not irrational, unreasonable or discriminatory. ? (emphasis supplied) 19.3 in sharma transport v. government of a.p. (2002) 2 scc 188)while dealing with the expressions arbitrariness and unreasonableness the supreme court in paragraph-25 observed thus: 25. in order to be described as arbitrary, .....
Tag this Judgment!Court : Andhra Pradesh
..... to entertain the suit and the plaintiffs remedy is to apply for a patta under the estate abolition act and the settlement officer alone has got the jurisdiction. subsequently, defendants 1 and 2 amended their written statement and as per the amended written statement, their case is that the property was subsequently purchased by a.p.c.c.employees housing ..... , 2002 of this court. appellants herein filed o.s.no.343 of 1982 seeking relief of declaration of title over the plaint ..... .45, c.31) honourable sr.justice ramesh ranganathan honourable sr.justice s.ravi kumar l.p.a.no.169 of 2002 dated 22-7-2015 judgment: (per honourable sr.justice s.ravi kumar).this appeal is preferred under clause 15 of the letters patent aggrieved by the decree and judgment in appeal no.2253 of 1986 dated firs.february .....
Tag this Judgment!Court : Andhra Pradesh
..... legal functions as giving legal advice or preparing some kinds of legal documents.13. now, the advocates act, 1961, which is an act to amend and consolidate the law, repeals the above provisions of the letters patent and parts of the legal practitioners act. section 32 of the advocates act uses the word 'appear' while sees. 29 and 33 use the expression 'practice'. the word 'practice ..... ' includes both acting and pleading, and takes in all the normal activities of a legal practitioner. though sec. 33 .....
Tag this Judgment!Court : Andhra Pradesh
..... income under any head for assessment year 1997-98 and seven subsequent assessment years. the parliament again amended section 32 of the act by finance act, 2001 w.e.f.01-04-2002 and the original provisions of section 32 of the act were restored, removing the time limit of eight years that was introduced with effect from 04.07. ..... and within less than three days therefrom the instant writ petition was filed. the questions whether the mistake, pointed out in the impugned notice is an obvious and patent mistake, and whether to establish such mistake a long drawn process and reasoning would require, in our opinion, cannot be and need not be gone into in ..... be the subject matter of the proceedings under section 154 of the act. he submitted that the jurisdiction under section 154 of the act is extremely narrow and restrictive and could be exercised only to rectify any mistake apparent from the record and obvious and patent mistake and not something which could be established by long drawn process .....
Tag this Judgment!Court : Andhra Pradesh
..... duties whether a person employed is a workman or not, under the definition of that word as it existed before the amendment of 1956. the nature of the duties of mukerjee is not in dispute in this case and the only question, ..... m.p., the supreme court held as under: while conceding a very limited jurisdiction to the state government to examine patent frivolousness of the demands, it is to be understood as a rule, that adjudication of demads made by workmen should ..... counsel for the respondents: 1. g.p.for revenue labour (tg) 2. sr.s. ravi for sr.a. sanjay kishore ?. cases referred 1. (2002) 4 supreme court cases 490 2. air1953sc533. air2000sc9154. air1967sc6785. (1970) 3 scc3786. (1994) 3 scc7377. (1989) 3 scc2718. (1985) 2 scc1039 ..... for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as .....
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