Court : Andhra Pradesh
Reported in : [2001]45CLA48(AP); [2002]112CompCas211(AP)
..... fourth respondent in its counter stated that the petitioners without complaining of any violations to the second respondent, cannot complain that the second respondent failed to act in accordance with the takeover regulations promptly. with regard to the various allegations levelled in para. 6 of the affidavit of the petitioners, it is ..... 38 authorises the board to investigate into the complaints received from investors or suo motu upon its own knowledge or information whether the provisions of the act and the takeover regulations are complied with by acquirer company or not. if any such investigation is undertaken by the board, regulation 40 contemplates the ..... company, i.e., vst. unless the element of public interest and violation of statutory regulations are demonstrated mandamus cannot be issued against the sebi to act immediately as a matter of course. the petitioners without demonstrating such requirement invoked the jurisdiction of this court by filing the present writ petition is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALT673; [2001]106CompCas338(AP); (2001)3CompLJ379(AP)
..... on behalf of the company court, in such a case whether it would be legal or proper having regard to the scheme of both the companies act and the act for the tribunal constituted under the later enactment to deal with the property that is under the control of the company court which happens to be the ..... up petitionagainst the debtor-company and also after a winding up order is passed. no leave ofthe company court is necessary for initiating or continuing the proceedings under therdb act, 1993, points 2 and 3 are decided accordingly in favour of the appellant andagainst the respondents. (underlining is ours) however, in our opinion, the aforementioned ..... the jurisdiction of the supreme court and the high courts exercising jurisdiction under articles 226 and 227 of the constitution, is, therefore, exclusive. chapter v of the act provides for recovery of debt determined by tribunal. section 25 reads thus : modes of recovery ofdebts.--the recovery officer shall, on receipt of the copy of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT607
..... built with delicacy must always be maintained. in its anxiety to safeguard judicial power, it is unnecessary to be overzealous and conjure up intrusion into the judicial preserve invalidating the valid law competently made.their lordships further held:'that in exercising legislative power, the legislature by mere declaration, without anything more, cannot directly overrule, ..... and as per the bye-laws that are in existence, the corporation was registered as a cooperative society under the provisions of a.p. co-operative societies act (act 7 of 1964) in the year i.e., about 25 years back, with a laudable objective of undertaking economic upliftment of women in the state. though ..... bureaucracy. if the bureaucratic set up is comparable to that of a banian tree, the ministerial staff and class iv staff are to be considered as the trunk of the tree and the decision making authorities as the branches of the banian tree. while every effort is being made by the authorities concerned in trying to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD756; 2000(6)ALT239
..... that where the government purports to give reasons which tantamount to adjudication and refuses to make a reference, the appropriate government could be said to -have acted on extraneous, irrelevant grounds or grounds not germane to the determination and a writ of mandamus would lie calling upon the government to reconsider its decision ..... question ofcompetency of the district collector in issuing a succession certificate to nooruddin allegedly changing the nature of inam is 'relevant'. section 10 of the inams act clearly shows that the collector shall examine the 'nature and history of all the lands' while granting occupancy certificate. whether a claimant obtained inam from ..... of the petitioners for ryotwari patta was rejected by the third respondent on the ground that the land docs not come within the purview of the inams act, and therefore, the second application ought notto have been entertained. after enquiry, it was found that the lands are granted under 'mashrumil-khidmat'-'takiadari' .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD217; 2000(6)ALT1
..... 1-2-1999 by issuing g.o. ms. no.6 energy (power iii) department dated, 27-1-1991.the preamble of the reform act reads:'an act to provide for the constitution of an electricity regulatory commission, restructuring of the electricity industry, rationalisation of the generation, transmission, distribution and supply of ..... that the a.p. state legislature surrendered its legislative sovereignty in favour of the world bank at the tatter's dictation and therefore, the reform act is invalid and unconstitutional.40. before dealing with the second contention, it would be appropriate and beneficial to remind ourselves of certain basic principles, ..... of assistance in the decision-making.16. the supply and use of electricity was first controlled and regulated under the electricity act, 1910 thereinafter called as 'the electricity act'). the electricity act was comprehensive and provided for generating companies, the licensing of suppliers of electricity, the rights and obligations of licensees, the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD358; 2000(6)ALT150; [2001(88)FLR99]
..... the reference made by the said company. it is asserted that the award passed therein is final. it is stated that the management and the contractor acted in accordance with the directions given in the award. while the contractor paid retrenchment allowance, the management appointed under fresh appointment orders such of the persons ..... section (5) applies considering the nature of the award, the award shall continue to be in operation notwithstanding the provisions in sub-section (3) of the act prescribing certain period during which alone award could be in operation.22. in this case, the award, contemplates that former employees of the canteen who were engaged ..... a factory at malkapuram at viskhapatnam which employes 800 workmen. pursuant to the issuance of a notification under section 10 of the contract labour (regulation and abolition) act, 1970 under g.o. ms. no.375 dated 5-6-1981 prohibiting the engagement of the contract labourers in the canteen operations of the petitioner, the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(4)ALD403; 2000(4)ALT274; (2000)IILLJ1278AP
..... more than 20 casual labourers worked during 1998-99 and 1999-2000 and none of the contractors obtained license as required under section 12 ofthe act to undertake the work by engaging contract labour schedule iiiyearsl. no.nameof the workagencystrengthwhetherthe work of perennial or temporary in nature1997to 19991contractfor garbage lifting ..... system. though the legislature has expressly not mentioned the consequence of such abolition, but the very scheme and ambit of section 10 of the act clearly indicates the inherent legislative intent of making the erstwhile contract labourers direct employees of the employer on abolitionof the intermediary contractor. it was ..... the petitioners, filed a case before the conciliation officer-cum-regional labour commissioner (centre) at hyderabad under section 2(k) of the industrial disputes act, 1947 to admit the dispute of illegal termination of the services of the petitioners by the respondents in conciliation. the conciliation officer having admitted the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD652; 2000(2)ALT655
..... , it is left to the wisdom of the state to make as many number of laws as are required to meet different situations. the state enacted hmc act, corporations act, as well as vizag act and vmc act. these enactments govern the municipal councils and municipal corporations and are existing enactments and there is no enactment to govern nagar panchayat. therefore, after coming into ..... municipalities reserved for members of the reserved classes.107. while considering point no.i as well as point no.ii, i have referred to various provisions of the constitution, the act, corporation acts and various rules. therefore, to avoid repetition, they are notagain being referred to except to the extent it is necessary.108. the chairperson rules are made by the governor .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD179; 2000(1)ALT666
..... raised in preeti srivastava's case (supra). the veterinary council of india is a body constituted under section 3 of the indian veterinary council act, 1984 (vc act, for brevity).43. the veterinary council is entrusted with the duty and function of regulation of veterinary practice and matters connected therewith. it is ..... injunction restraining the council from implementing the proposals till they are approved by (he secretary of the state as per the relevant provision in education act, 1944. the high court of judicature refused injunction though recorded a finding that the council breached the provision of law. the plaintiffs' appeal before ..... 1995)4scc104 . the question whether state government has power to grant and withdraw permission to start a technical institution after coming into force of the aicte act fell for consideration in adhiyaman's case (supra). after referring to various provisions of the constitution the apex court ruled --'.......article 248 vests parliament withthe .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD436; 2000(1)ALT458
..... .919, dated 24-9-1976, and thus to permit the application for variation would be abuse of text, structure and philosophy underlying the provisions of the a.p. motor vehicles act in general and chapter vi in particular, and would be contrary to the provisions of the approved scheme under section 104. the learned single judge having come to the conclusion ..... contended that the learned single judge erred in holding that variation sought is contrary to the provisions of the approved scheme in section 104 of the a.p. motor vehicles act, 1988, and to sustain this argument he placed reliance on a division bench decision of this court in rajappa kawati v. g. hanumantha rao, : 1995(3)alt878 (db), and also .....
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