Court : Andhra Pradesh
Reported in : AIR1977AP128; 1977(1)AnWR41; 1976(2)APLJ61
..... of 1955 applied to prize competitions which involved substantial skill, they were business activities the protection of which is ..... section 14 empowers the state government to make rules for carrying out the purposes of the act ..... and others below him, and it seems to us quite clear, if the administration was to be carried on, as it must, that the governor in the first instance and the district councils after they came into existence, would have power by virtue of the administration being vested in them to appoint officers and others to carry on the administration.xx xx xx xx xx xx xx xx xx xx xx'the constitution could not have intended that all administration in the autonomous districts should come ..... put it in other words, the district magistrate, while exercising this power under section 12 can make any order which the licensing authority, who has earlier passed the proceedings, ..... the provisions of the constitution, the executive power of a state shall extend to the matters with respect to which the legislature of the state has power to make laws. ..... be answered by the learned government pleader by relying on article 162 of the constitution, wherein it is declared that the executive power of a state shall extend to matters with respect to which the legislature of the state has power to make laws. ..... omprakash, : [1968]3scr655 to the effect that the notion of inherent autonomous law making power in the executive administration is a notice that must be emphatically rejected is brought to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(4)ALD609; 2002(4)ALT288
..... cannot run a race of opinions upon points of right, reason, and expediency with the law-making power, and that any legislative act which does not encroach upon the power apportioned to the other organs of the state, being prima facie valid, must be enforced, unless restrictions upon the legislative power can be pointed out in the constitution itself, and the case shown to come within them. ..... the prayers of the petitioners are granted, it would ex facie violate the statutory regulations governing recruitment to the posts in the service under the state as well as those statutory rules and/or administrative instructions or guidelines governing recruitment to the posts in the public sector undertakings and in that view of the matter, the writ petitions are liable to be dismissed in ..... to be noticed that though the petitioners have sought to assail the constitutional validity of sections 2 and 3 of the act by amending the prayers, in the pleading filed in support of the amendment petitions, what is actually asserted is that the provisions of the act have no application to the case of the petitioners because of the fact that the ..... even otherwise, we do not find any merit in the contention of the learned senior counsel that the provisions of sections 2 and 3 of the act are arbitrary, illegal, unconstitutional, lack in legislative competence, opposed to basic structures of the constitution and violative of fundamental rights guaranteed to the petitioners-employees under article 14, 16, 21 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1978AP106
..... 1957]1scr930 was, would parliament have enacted the prize competitions act had it known that it would fail in regard to competitions involving skill? ..... the prize competitions act banned all prize competitions. ..... held that the authority of parliament to make law with respect to prize competitions did not extend to making a law with respect to prize competitions involving skill. ..... whether the whole of the act had to be struck down because the act could not apply to prize competitions involving skill. ..... constitution, to make a law with respect to prize competitions. ..... shall fix the date, time and place of hearing of each case ; (c) the quorum for every meeting of the tribunal consisting of two or three members shall be two including the chairman except as otherwise provided in these rules ; (d) all decisions of the tribunals shall be by a majority opinion of the members present and where the opinion is equally divided, the decision of the chairman shall be the decision of the tribunal; (e) if any member ..... article 252 with which we are concerned enables parliament to make laws regulating any of the matters with respect to which parliament has no power to make laws if the legislatures of two or more states resolve to the effect that parliament may by law ..... (2) the provisions of sub-rule (1) shall apply in relation to an appellate tribunal constituted under section 20 with the substitution of references to the appellate tribunal for references ..... state of bombay : [1955]1scr799 , the supreme court .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(5)ALT358
..... than one-half of the total number of members of the gram panchayat, mandal parishad or as the case may be, the zilla parishad and further action on such notice shall be taken in accordance with the procedure prescribed:section 268: power of government to make rules for the purpose of this act: (1) the government, shall in addition to the rule making powers, conferred on them by any other provisions of this act, have power to make rules generally to carry out all or any of the purposes of this ..... section 268 of the act confers on the state government the power to make rules under the provisions of this act.51. ..... the state legislature delegated the power of making rules under section 245 to the rule making authority. ..... the state legislature delegated the power of making rules under section 245 to the rule making authority. ..... 171, dated 19-4-1997 under section 245 read with section 268 of the act, is within the powers of rule-making authority, there is sufficient force in his contention-for section 245 of the act deals with the mode or pattern of proceedings when a motion of no-confidence is moved to vote against upa-sarpanch of the panchayat, president or vice-president of mandal parishad and chairman or vice-chairman of zilla parishad and the resultant .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1989AP96
..... the contention of sri venkataramanaiah, learned advocate general is that once the legislature of the state has power to make law, power to pass amendment act or validation act, it is empowered to legislate on the right to admit the private educational institutions to grant-in-aid subject to its financial commitment in the annual budget under section 42 and the fulfilment of the conditions prescribed under section 21 of the education act; when complaints have been received of ineligibility and misuse of grant-in-aid, the legislature is free ..... legislature is invested with the power to lay down the policy and law and the rules and it is the judicial power to interpret the law on the basis of the pleadings and evidence placed before it, the rights of the parties in the light of the law laid down by the legislature and the executive to enforce the law, because they have in their respective fields acquired expertise which make them competent to discharge their ..... conjoint operation of sections 3, 6 and 7 of the act, the recommendation of the high level committee is kept beyond judicial review and it is a negation or rule of law under the ..... court holds a tax to be invalidly imposed because the power to tax is wanting or the statute or the rules or both are invalid or do not sufficiently create the ..... the construction put up as found in the judgment on a pre-existing legislative enactment or a statutory rule by the court contrary to what is purported to have been intended by the legislature. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(1)ALD73; 2007(1)ALT213
..... the action of the respondents 2 and 3 in not incorporating the questionnaire submitted by the petitioner as provided under section 122 of the hyderabad municipal corporation act, 1955 (hereinafter be referred to as 'the act' for the purpose of convenience) in the agenda of the meeting scheduled to be held on 19-10-2006 as illegal, arbitrary, contrary to the provisions of the act and consequently direct the respondents 2 and 3 to incorporate the questionnaire submitted by the co-opted members as provided under ..... shall prepare a list of all questions of which due notice has been given and which had not been disallowed by the presiding authority or under the powers vested under sub-sections (2) and (3) of section 122 of the act under these bye-laws in the order in which they are received and forward the same to the commissioner for being answered, and placed before the meeting ..... lengthy questions which exceeded fifty words, which are not permissible as per the bye-laws had been furnished and even otherwise, the said allegations are making imputations against the officers and the said questions were disallowed as such the same were not included in the agenda. ..... case (supra), whereunder while dealing with rajasthan municipalities (motion of no-confidence motion against chairman) rules 1974 and the election and removal of chairman in relation to the municipalities in the context of relevant provisions of the constitution at para 11, it was observed as hereunder:in the present case, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(2)ALD236; 1999(2)ALT290
..... but, if one goes through the provisions of the act and the rules made thereunder, it can be seen that under section 32 of the act, the ultimate authority of the society is vested in the general body and under sub-section 2(1), the general body of the society is empowered to deal with the election and removal of the members of thecommittee. ..... to my mind, it occurs that the president or the vice-president referred to in section 34-a ofthe act should be read as the office bearers of the committee, in which the power to administer the affairs of the society vested. ..... rule 22 of the andhra pradesh cooperative societies rules (for short, the rules), framed by the government in exercise of powers conferred under section 130, speaks of elections to the co-operative societies. ..... from the above provisions, it is seen that the act and the rules framed thereunder speak of office of the president and the committee, in which powers of administration of the affairs of the society vests. ..... secondly, the ultimate authority of the society vests in the general body of the society and under sub-section 2(1), the general body is empowered to make necessary provisions for election or removal of the members of the committee. ..... that being not the intention of the legislature, the power to move no-confidence motion against the person elected should necessarily vest with the body which has elected or which has inducted the individual in the office in the interest of the society itself.6. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD28; 1998(6)ALT318
..... under section 100(1) of the constitution act, the federal legislature and the provincial legislature have no powers to make laws with respect to any of the matters enumerated in the federal legislative list i.e ..... framed under section 172 of the district board acts, 1922, which provides for a maximum levy of rs.2000/- on a single assessee, remains in force until the framing of rules under the act of 1961 ..... the appellant challenged the said rule on the ground that the state legislature cannot overreach its taxing power by making an artificial definition of words and expressions used in the legislative ..... section 131 provides that the total amount oftlie tax shall not exceed the amount as may be prescribed by rules framed under the act ..... it was also mentioned in that rule that the licence fee would be realised only for the quantities brought in from ..... that the freedom of trade guaranteed by article 301 is freedom from all restrictions except those which are provided by the other articles in part xiii......the effect of article is to provide for an exception to the general rule prescribed by article 301. ..... perusal of the rules shows tliat it was imperative for the a class licensees to pay the licence fee in advance before they could bring tobacco within the taxable ..... rule 16 of the relevant rules. ..... rule 16 imposes a prohibition prohibiting the a class licensees from bringing the tobacco produced in another sate without paying the fees and, therefore, it directly impedes the free flow of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP461
..... the legislature has always the power to make classification and all that is necessary is that the classification should not be arbitrary but must bear a reasonable relation to the object which the legislation has in view, ft must be observed that the act itself exempts from its operation minor office holders who have been rendering service to the ..... effect of the mohammedan rule was to add greatly to the already existing land exempt from payment of revenue.in the period of political confusion which ensued during the latter part of the eighteenth century, when the supremacy in southern india was contested by the british, the french and various local powers, large extents of land were granted as inam by parties who had not the least authority to make such alienations. ..... the grants are also distinguishable by their origin from the ruling authorities, or from the village communities, and are again distinguishable by peculiar reservations, or by their being applicable to different ..... section (3) declares:'notwithstanding anything contained in any engagement contract, grant or other law for the time being in force, it shall be lawful for the state government to levy on every inam land, with effect from the fasli year commencing on 1-7-1955, an assessment at the following rates;(a) if a settlement notification is in force in the village in which the inam land is situated, at the rates of assessment set out in such notification for lands of the same taram and classification;(b) in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALD(Cri)332; 2002(5)ALT139; 2003CriLJ312
..... in the counter-affidavit and also on certain passages of the order passed by the larger bench of this court in society for cancer in oral-cavity case, : 2002(3)ald525 (supra) and certain other orders, submitted that section 7(iv) of the food adulteration act, 1954 contains adequate guidelines and safeguards, that the said power can be exercised by the authority only in the interests of public health, and that the food adulteration ..... shri habibullah basha, learned senior counsel submits that the legislative competence of the legislature cannot be made to be dependent upon the rule or rules and that in the present case, the item in question is squarely covered under the central list within the purview of the central legislature and any notification passed by the state government in that regard would be ..... but, the question is when the matter is already seized by the parliament, can this court under article 226 of the constitution go into the same and issue a mandamus to make enactment for total prohibitipn of gutka/pan masala in a public interest litigation. ..... in our view, entry 6 of list ii and entry 18 of list iii confers powers on the state legislature to make laws in this regard. ..... functions assigned to the executive and the legislature under the constitution and it cannot even indirectly require the executive to introduce a particular legislation or the legislature to pass it or assume the supervisory role over the law making activities of the executive and the legislature. .....
Tag this Judgment!