Court : Andhra Pradesh
Reported in : (2001)IILLJ872AP
..... not justified in dismissing the writ petition on the ground that an alternative remedy was available to the appellant under section 68 of the u.p. state universities act.'the said decision cannot be said to have any application whatsoever in the facts and circumstances of this case.35. the question which survives for consideration is ..... must be brought about by express or implied contract of service. even a contractor's employee is not an employee of the principal employer. see workmen of fci v. fci 1985-ii-llj-4, rbi v. workmen : (1996)iillj42sc , dharangadhara ltd. v. state of saurashtra : (1957)illj477sc , chintaman rao v. state of madhya pradesh : 1958crilj803 ..... with any establishment and includes an apprentice and any clerical or other staff of a factory or an industrial establishment who fall outside the scope of the factories act, 1948 (central act 63 of 1948), but does not include the husband, wife, son, daughter, father, mother, brother or sister of an employer or his partner, who .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1986]63STC40(AP)
..... the supply of food or any other article for human consumption or any drink (whether or not intoxicating) in accordance with the principal act as amended by the andhra pradesh general sales tax (amendment) act, 1985. (2) notwithstanding the expiry of any period of limitation specified in section 14 or section 24a an assessment or reassessment under sub-section ..... amendment and that retrospective imposition of a fee was valid. so enunciating the principle of law, the learned judges held that it cannot be a rule of universal application and in a given case and in a given situation the retrospective operation may be hit by article 19. but having regard to the facts and ..... any way be unreasonable or arbitrary. therefore, we hold that section 6 of the constitution (forty-sixth amendment) act, 1982, is constitutionally valid and sections 6 and 38 of the andhra pradesh general sales tax (amendment) act, 1985, do not in any way offend articles 14, 19 and 21 nor are they violative of articles 11, 265 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD609; 2000(6)ALT305
..... of essentiality certificate would be within the parameters assigned to the state government, while granting affiliation will be for consideration under the provisions of the governing university act and the statutes thereunder. rather, we are of the considered view that the association of vice-chancellor would infuse the deliberations of the committee with ..... essentiality certificate. the affiliation has to be decided at a different stage uninfluenced by the preceding steps under the provisions of the act. the reasoning cannot be sustained. the university is an academic body invested with the function of awarding degrees consequent on a course of study offered by the medical/dental ..... or constitutional propriety of the participation/association of a silting judge with a commission of inquiry under the commissions of inquiry act, 1952 or chancellor or vice-chancellor of a university or as a member/chairperson of a fay revision commission or a member of a committee or any such similar .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1988AP99
..... is the view in australia, canada and england. (see damages for personal injury, rhetoric, reality and reform, an australian perspective by prof. harold luntz of the melbourne university, 1985 current legal problems p. 29 at 39). in canada, what are deducted for the 'lost years' are only the basic necessities of food, clothing and shelter while in ..... , 1/2 being added as correction factor. the economist's formula therefore tallies with that of the actuary.40. prof. john a. carlson of the economic department, purdue university, (1976 vol. 62, american bar association journal, p. 628) in his 'economic analysis v. court room controversy' (the present value of future earnings) has also ..... deceased persons. the object to evolve a simple and easy method which, at the same time, is scientifically valid. 2. the tribunal under the motor vehicles act was dealing, in this case, with the claim of a person injured in an accident on july 30th 1978 consequent to which the claimant's right leg below .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(4)ALD91; 2000(3)ALT703
..... judgment, no relief need be granted to the appellant/2nd defendant. recording the same, the said appeal is disposed of. appeal no. 1698 of 1985 filed by the plaintiff is dismissed. in view of the fact that the legal contention regarding the applicability of section 18(1)(e) has been raised for ..... expired long back. the suit ought not to have been decreed by the trial court. the appeal filed by the zilla parishad as no.1 108 of 1985 is therefore, allowed. the appeal no.2055 of 1984 has practically become infructuous. in view of the dismissal of the suit filed by the plaintiff by this ..... examples of a trading corporation are (1) charter companies, (2) companies incorporated by special acts of parliament, (3) companies registered under the companies act, etc. non-trading corporations are illustrated by (1) municipal corporations, (2) district boards, (3) benevolent institutions, (4) universities, etc. an essential clement in the legal conception of a corporation is that its identity is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)
..... lal v. vinesh anand : 2001crilj2044 ). when the legislative intent is found specific mention and expression in the provisions of the act itself, the same cannot be whittled down or curtailed and rendered nugatory (bharathidasan university v. all india council for technical education (2001) 8 scc 676). effect should be given to all the provisions and ..... supreme court in s.b.k. oil mills v. subhash chandra : [1962]2scr159 , rafiquennessa v. lal bahadur chetri : [1964]6scr876 , lakshmi narayan guin v. niranjan modak : [1985]2scr202 , d.c. bhatia v. union of india : (1995)1scc104 , dilip v. mohd. azizul haq air 2000 sc 1976 and east india corporation ltd. v. shree meenakshi mills ..... on the judgments of supreme court in s.b.k. oil mills's case (supra), rafeequnnisa's case (supra), dilip's case (supra), lakshmi narayana guin v. niranjan modak : [1985]2scr202 , d.c. bhatia v. union of india : (1995)1scc104 , east india corporation ltd. v. shree meenakshi mills ltd. : [1991]2scr310 , b.v. patankar v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(5)ALT639; 2008CriLJ402
..... the police should wait till they are shot at. it is for the force on the spot to decide when to act, how to act and where to act. it is not for the court to say how the terrorists should be fought. we cannot be blind to the ..... not allowed to escape the clutches of law. in a judgment reported in state of u.p. v. ram sagar yadao air 1985 supreme court 416 the supreme court said,before we close, we would like to impress upon the government the need to amend the ..... the police should wait till they are shot at. it is for the force on the spot to decide when to act, how to act and where to act. it is not for the court to say how the terrorists should be fought. we cannot be blind to the ..... and security, number of legislations are brought about, to meet the situations, from time to time. while penal law prescribes the punishment for various acts recognized as crimes, enactments, such as the cr.p.c., stipulate the procedure. laws were also enacted, empowering preventive detention.12. constitution of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2006]147STC370(AP)
..... and 6-a, is not a charging section even by legal fiction and would place reliance on govind saran ganga saran v. commissioner of sales tax [1985] 60 stc 1 wherein the supreme court held thus:the components which enter into the concept of a tax are well known. the first is the character ..... shall, orwhether the pricefilled. contained or packed, of thecontainersnote : this section and in deter-mining or of thepackingis substituted by turnover of thegoods materials may be,act no. 22 of 1995 the turnover inor whether is chargedwith effect from from tax, then, the forthe same as thoseapril 1,1995. materials shallbe applicable to ..... act'. (state of rajasthan v. noor mohammad : [1973]1scr841 ). it is a simple provision which merely subjects the provisions of the subject section to the provisions of the other section. where there is no clash, the phrase does nothing : if there is collision, the phrase shows that the other section is to prevail. the phrase provides no warranty of universal .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1986]62STC88(AP)
..... was dealing with the nature and amount of discretion under section 11(1) of the probation of offenders act, which is a beneficial provision of the universal type and held : '..... the words in section 11(1) 'pass an order under the act' are not to be construed so strictly and literally, but to be understood to mean 'to ..... other particulars thereof which would not have been disclosed but for an inspection or accounts, registers or other documents of the dealer made by on officer under act before the submission of such returns, the assessing authority may after giving an opportunity to the dealer for making a representation in this behalf treat such returns ..... exercise the powers or jurisdiction conferred by the act'. this wide interpretation might perhaps be justified by the scope and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALT315
..... siltation has been occurring with alarming rapidity and the pollution has crossed the danger mark even as per the research conducted in 1978 by prof.. t. sivaji of andhra university. the depletion of the birds visiting the kolleru lake due to pollution and bird hunting has a great impact on ecology and the situation is alarming.w.p.no. ..... harmful manures have been prevented both by reason of the aforementioned notification as also the decisions of the apex court. under the provisions of the environment act, water act and the wild life act and the decisions of the apex court, the state government was under an obligation to see that the environment and the ecology of the sanctuary declared ..... breeding place. on the basis of recommendations of prof. k. neelakantan of kerala and on the proposals of the chief conservator of forests, government in g.o.ms.no. 1985 f & a dated 11-9-1963 declared kolleru lake with a radius of 20 miles as a bird sanctuary. but, this g.o. was never implemented due to .....
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