Court : Andhra Pradesh
Reported in : 2005(6)ALT264
..... a lessee of the said rama rao and after him his wife suseela devi. when a part of the said building was removed during the main road extension scheme, it required reconstruction and he was approached by gadireddy suseela devi for advancement of monies for the reconstruction and on 10-10-1978 a fresh agreement ..... cardinal principles of construction of wills that to the extent that it is legally possible effect should be given to every disposition contained in the will unless the law prevents effect being given to it. of course, if there are two repugnant provisions conferring successive interests, if the first interest created is valid the subsequent ..... principles of construction of wills that to the extent that it is legally possible effect should be given to every disposition contained in the will, unless the law prevents effect being given to it. if even there appears to be two repugnant provisions conferring successive interests and the first interest created is valid the subsequent .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP1
..... fundamental rule 56. this decision therefore does not in any manner help the respondents. it was also argued that the appellants themselves are relying upon the extension of time granted for acquiring the qualifications. as the appellants' promotions are governed by the hyderabad rules. the question of their acquiring qualifications prior to their ..... personnel of tat particular territory where the laws are made. it therefore cannot be said that service rules are only connected with personnel and have nothing to do with territory. the service rules in ..... did not continue to apply to the personnel of that territory. we find it very difficult to agree with this contention of the learned advocate general. laws prevalent in a particular territory, apply to persons who live in that territory. the services rules though applicable to a particular personnel are applicable to the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(4)ALT175
..... different political parties. the dispute involved is, however, one which affects the southern states of kerala, karnataka and tamil nadu and the union territory of pondicherry. the disputes of this nature have the potentiality of creating avoidable feelings of bitterness among the peoples of the states concerned. the longer the disputes linger, ..... almatty right bank canals from foreshore of almatty reservoir, rampur lift canal from foreshore of narayanpur reservoir, indi lift canal from narayanpur left bank canal and extension of almatty left bank canal.(c) the stage-i of the said project had been originally approved by the planning commission under letter no. 2 (10 ..... for adjudication of the said disputes or in any manner affecting or interfering with adjudication or adjudicatory process of the machinery for adjudication established by law under article 262. this is apart from the fact that the state legislature would even otherwise be incompetent to provide for adjudication or to affect .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(5)ALD364
..... principal/dean and directors in co-ordinating the activities of his department with those of other departments for promotion of sound programmes of teaching, research and extension. (d) he shall participate with other heads of departments and research specialties in formulating prgrammes of research in fields represented by his department and in ..... executive duties of an institution, business or the like. in ramanatha aiyar's law lexicon 1997 edition, the meaning was assigned as 'management; managing or conduct of affairs of the office, employment or institution'. therefore, it cannot be relegated ..... the act or in the statutes framed by the university. according to dictionary meaning of 'administer' is to control, supervise, manage etc. in black's law dictionary (6th edn.page 44) the meaning of the word 'administration' was explained as management or conduct of an office or employment; the performance of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD423; 2002(2)ALT77
..... made by the state is offensive of article 16(1) is on the person who takes the plea. the mere fact that reservation made may give extensive benefits to some of the persons who have the benefit of reservation does not by itself make the reservations bad. the length of the leap to be ..... and partially excluded areas, received special treatment. the village administration as well as administration of justice in those areas was uniquely different. the land laws, money lending laws and other welfare laws were tailor-made to suit the peculiar geographical situation that existed in those areas. inspite of this, - it would be truism to say; ..... to legislate in accordance with paragraph 5(1) or paragraph 5(2) in relation to administrative control of scheduled areas and scheduled tribes. in interpreting the law, regulation or notification, the court must adopt purposive interpretation tool and any interpretation must ensure distributive justice among tribals and must prohibit infiltration of non-tribals .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(5)ALD372; 2008(5)ALT115
..... attains fifty years or fifty five years. basically, second proviso was intended to be applied to those judicial officers who are given benefit of extension under the first proviso, in case such officers are found wanting. that is the reason why the second proviso enables the retirement of a ..... legislature. secondary review is concerned with other aspects which vitiates legislative action. the first principle of secondary review is whether the classification adopted by a law satisfies twin tests of classification, namely, 'rationality test' and 'nexus test'. the former demands the state to demonstrate that the impugned classification complained ..... object of any public service (see article 335 of constitution). inefficient public servants cannot burden the state exchequer. transparent constitutional governance by rule of law cannot be ensured unless the public servants are honest with high integrity. therefore, courts have held that inefficient public servants subject to the protection granted .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1994]92STC34(AP)
..... here in the sense of 'means'; this is the only construction that the word can bear in the context. in that sense it is not a word of extension, but limitation; it is exhaustive of the meaning which must be given to potteries industry for the purpose of entry 22. the use of the word 'includes ..... it is palpably erroneous and contrary to the well-settled principles of judicial interpretation and administration. ............we therefore, hold that it is impermissible for a court of law to ignore the parliamentary enactment and treat wire-rods and wires as one commercial commodity, whether the word 'and' and conducting wire-rods with wires is read ..... sales tax act, 1956, will include 'cast iron castings' has been re-examined in consultation with the director-general of technical development, chief chemist and the ministry of law, justice and company affairs. this department has been advised that the existing expression 'cast iron' in the aforesaid section will cover 'cast iron castings' also.' 3. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(3)ALD370; 2006(3)ALT433
..... determined by the terms of those sections, but by their applicability or inapplicability to the proceedings under the special or local law. section 6 of the limitation act, which provides for the extension of the period of limitation till after the disability in the case of a person who is either minor or insane ..... fail to be difference of opinion.' it seems clear, however, that since 'the conception of freedom of trade, commerce and intercourse in a community regulated by law presupposes some degree of restriction upon the individual', that freedom must necessarily be delimited by considerations of social orderliness. in one of the earlier australian decisions ( ..... to adjudicate upon all disputes relating to service matters including the power to deal with all questions pertaining to the constitutional validity or otherwise of such laws as offending articles 14 and 16(1) of the constitution. that being so, the contention advanced by the petitioners that the administrative tribunal had no .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1977AP128; 1977(1)AnWR41; 1976(2)APLJ61
..... state shall extend to the matters with respect to which the legislature of the state has power to make laws. to put it in other words, the executive power of a state is extensive with that of the law-making power of the legislature. if there is no enactment, certainly the executive power can carry on the ..... administration by issuing administrative directions or instructions, until the legislature makes a law in that behalf. it cannot wait until the legislature passes a law. since it is an ..... the learned judge pointed out that trade and commerce protected by article. 19(1)(g) and article. 301 are only those activities which could be regarded as lawful trading activities. as gambling is not trade but respondents extra commercium it does not fall within the purview of those articles. therefore, the question whether the restrictions .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1975]100ITR483(AP)
..... , ' commissioner ', means a person appointed as such and no one else. the second part where it is declared that it ' includes ' a person, etc., it is extensive. in other words, the word 'commissioner' is extended to include additional commissioner also. what follows is that the term ' commissioner' must be construed as comprehending not only the commissioner ..... not maintainable. we are unable to agree with this contention. the additional commissioner being quite competent to present such an application and since he in the eye of law is included in the definition of ' commissioner ', the application signed in the manner in which it has been signed must be deemed to have been presented by ..... act.4. now, section 256 empowers the assessee or the commissioner to file an application requiring the appellate tribunal to refer to the high court any question of law arising out of an order made under section 254 of the act.5. the term 'commissioner' was amended by act 19 of 1970, with effect from april .....
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