Court : Andhra Pradesh
Decided on : Nov-30-2007
Reported in : 2008(3)ALD241; 2008(4)ALT53
..... levy a tax on motor vehicles used or kept for use in a public place, is regulatory and compensatory.15. section 3-a, as inserted by a.p. amendment act 33 of 2006 and which is deemed to have come into force with effect from 1st june, 2002, reads thus:3-a(1) notwithstanding anything contained in section 3 ..... ply as contract carriages in the state of andhra pradesh, have questioned the vires of section 3-a of the andhra pradesh motor vehicles taxation act, as inserted by the andhra pradesh motor vehicles taxation (amendment) act, 2006 (act 33 of 2006), and the notification issued in g.o.ms. no. 180, transport, roads 85 buildings (tr.i) department dated 27 ..... subject to which the permit was granted. taxes resulting from such legislative activity are, by their very nature, regulatory and compensatory. the nexus between the levy and its object is patent in the case of such taxes. b.a. jayaram : [1983]3scr624 . the words 'suitable for use on the roads' in entry 57 when liberally construed and given .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-14-2007
Reported in : 2007(4)ALD51; 2007(3)ALT330
..... the respective unit officers was done as per the 990 formula. in para-4 of the reply affidavit is stated that the respondents acted to the detriment of the petitioners' interest by amending condition no. 3 of the proceedings dated 10-1-1995 behind their back and without giving any notice or opportunity to them. ..... scales to all the apco staff, erstwhile apros employees are denied this benefit which is patently illegal and constitutes a hostile discrimination.9. the general manager, apco filed a counter affidavit in the application filed by the petitioners seeking amendment. it is mentioned therein that after the revised pay scales were announced in the ..... and invalidated administrative actions taken in violation of the principles of natural justice.30. as the first respondent failed to follow this procedure established by law the amendment is liable to be declared as illegal and accordingly it is declared as such.31. for the aforementioned reasons, the writ petition shall succeed and it .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-03-2007
Reported in : 2007(5)ALD380; 2007(5)ALT236; [2007]139CompCas545(AP); [2007]79SCL468(AP)
..... further appeal or letters patent appeal would lie against the order passed by the high court in appeal under section 10f, held that the appeal was not maintainable as no such further appeal was provided against the order of the high court, especially by virtue of section 100a cpc which was inserted by the amendment act 22 of 2002. while ..... 1st respondent-contemnor did not choose either to appear in person or seek any order from the court, dispensing with his presence. it is only in the year 2005 an application was filed, and even with reference to the said application also no orders were obtained, and finally even at the time of final hearing also he ..... even to appear before this court and did not even bother to file an application, seeking dispense with his presence, and an application is filed only in the year 2005, perhaps when the fact of his non-appearance was stated in the written arguments filed by this petitioner. therefore, the learned counsel sought for appropriate orders, taking .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-22-2007
Reported in : [2007]139CompCas514(AP)
..... and the appeal. reference is also given to p.s. sathappan v. andhra bank ltd. : air2004sc5152 , wherein the recourse to section 100 of the code of civil procedure amendment was considered by the supreme court. this judgment, in fact, was against the appellants.23. coming to the argument that the appeal under rule 168 is a misnomer and the ..... been filed by the andhra pradesh state financial corporation against orders passed by the company judge on july 25, 2003 see a.p. state financial coporation v. mopeds india ltd. [2005] 124 comp cas 833 (ap) and march 18, 2004, in company applications nos. 535 and 536 of 2002 and 467 and 473 of 2001, respectively in company petition no ..... are crucial and according to learned counsel for the respondents, these words make these appeals subject to the letters patent and subject to the ordinary jurisdiction of the high court.now in view of sections 460(6) and 483 of the act and rule 164 of the rules, the appeal from order passed w/r 164 can be held to be .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-06-2007
Reported in : 2008(3)ALD178; 2008(4)ALT340
..... and 227 of the constitution.(2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by cpc amendment act 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court.(3) certiorari, under ..... process of reasoning. where two inferences are reasonably possible and the subordinate court has chosen to take one view, the error cannot be called gross or patent.(7) the power to issue a writ of certiorari and the supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where the judicial conscience ..... . in connection with allegation no. 1, with regard to revocation of 15 licences of commission agents, resolution was passed by the market committee on 28.11.2005. all the directors of the market committee duly signed the resolution which also contains the endorsement of the fourth respondent. so, it is clear that the fifth .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-27-2007
Reported in : 2008(3)ALD8; 2008(3)ALT463
..... by any person, a request made by an employer, educational institution or an appointing authority or suo motu. rule 10 of the 1997 rules as amended enables the second respondent on a prima facie satisfaction that a certificate is obtained fraudulently and on a preliminary enquiry to refer the case to the concerned ..... the first respondent to keep the seat in abeyance. the directive of the second respondent as contained in the memo dated 28-07-2007 is therefore patently incompetent and the product of a fertile imagination without any substrate in lawful authority. it is tragic that the first respondent never enquired as to the ..... respondent's surmises and conjectures. the speculative exercise by the second respondent could only be pursued under the substantive and procedural discipline under the provisions of the act and in particular section 5 thereof. the second respondent is not invested with power, authority or jurisdiction - legislative or executive - to interdict or effect eclipse .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-17-2007
Reported in : 2007(3)ALD173; 2007(2)ALT386; [2007(114)FLR253]
..... to make a reference without waiting for conciliation proceedings to begin or to be completed.31. with the insertion of section 2-a by the industrial disputes (amendment) act, 1965, an individual dispute in the matter of dismissal, discharge, retrenchment or termination of service, which was hitherto treated as an individual dispute, came to be ..... of the punjab and haryana high court rules and orders, volume 5, chapter i-a, which provide that no appeal under clause 10 of the letters patent will be received by the deputy registrar unless it is accompanied by three typed copies of the memorandum of appeal, judgment appealed from and paper book which ..... sukhjit singh : air1997sc4142 rai vimal krishna v. state of bihar : air2003sc2676 krishna bahadur v. puma theatre : (2004)iiillj555sc state of u.p. v. jai sir singh : (2005)iillj831sc and sk. salim haji abdul khayumsab v. kumar : air2006sc396 17. learned counsel for the workmen argued that rule 11 (6) is procedural in nature and, therefore, the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-17-2007
Reported in : 2008(3)ALD270
..... and 227 of the constitution.(2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by cpc amendment act 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court.(3) certiorari, under article ..... process of reasoning. where two inferences are reasonably possible and the subordinate court has chosen to take one view, the error cannot be called gross or patent.(7) the power to issue a writ of certiorari and the supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where the judicial conscience ..... on clear ignorance or utter disregard of the provisions of law, and (ii) a grave injustice or gross failure of justice has occasioned thereby.(6) a patent error is an error which is self-evident i.e., which can be perceived or demonstrated without involving into any lengthy or complicated argument or a long-drawn .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-06-2007
Reported in : 2008(1)ALT113
..... in respect of sick industries for transfer, amalgamate, winding up, revival of sick industry. the provisions of the act have overriding effecting view of section 32 of the act.13. under the sick industries (special provisions) amendment act, 1993 any scheme would be as good as a statute. such scheme is statutory in nature in view of ..... with by the high court in exercise of writ jurisdiction, unless the court is satisfied that the finding is vitiated by manifest error of law or is patently perverse. the high court should not interfere with a finding of fact simply because it feels persuaded to take a different view on the material on record. ..... respondent (idbi) had submitted a draft modified scheme on december, 30, 2004 and bifr had sanctioned the modified rehabilitation scheme vide its order dated january, 27,2005. as per the modified rehabilitation scheme (clause 6.3(v) the petitioner herein is required to furnish a personal guarantee in favour of the answering respondent guaranteeing .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-15-2007
Reported in : 2008(2)ALD1; 2008(1)ALT670
..... interfere in cases of errors of law apparent on record, (as distinguished from a mere mistake of law), arbitrary or capricious exercise of authority or discretion, a patent error in procedure, or where it results in manifest injustice. interference would be justified if the subordinate court has come to a conclusion without any evidence or ..... the building, to cause anything done contrary to any such provision or rule or bye-law made thereunder, to be amended. under section 636(1), if any work, requiring the written permission of the commissioner under act, regulation or bye-law, is done without obtaining any written permission, such work shall be deemed to be unauthorized and ..... 08.2004 granting an order of ad-interim injunction pending disposal of the suit. this order was confirmed by the appellate court in its order dated 28.09.2005. under the protection of the ad-interim injunction order the petitioners, in both the i.as, have completed construction and have presented a fait-accompli in .....
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