Court : Andhra Pradesh
Reported in : AIR1971AP382
..... section 14 enacts that nothing contained in the act shall be held to prevent persons deeming themselves aggrieved by any proceedings under the act from applying to a civil court for redress within the period of six months from the date at which the cause of action has arisen. ..... the punjab act on the contrary invested the decisions of the collector or on appeal, of the commissioner with finality and enacted that they were not liable to be questioned in a court of law. ..... we, however, respectfully agree with the view expressed by the learned chief justice that the express provision enabling an aggrieved person to resort to a civil court is in sharp contract to the provisions of section 10 of the punjab act which barred to the aggrieved person access to a civil court for redress. ..... contrasting the provisions of the madras act with analogous provisions in the punjab act, the learned judges pointed out that section 14 of the madras land encroachment act preserves the reedy of resort to civil court for redress. ..... expressed the opinion that the land encsroachment act does not suffer from the vice 'which section 5 of the punjab act suffered from as held by : [1967]3scr399 '. ..... ''in leaving it to the discretion of the collector to resort to one of them and to pick and choose some of those inoculation of public properties and premises for the application of the more drastic procedure under section 5 that section lent itself open to the charge of discrimination and as being violate of article 14. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1994AP170; 1993(1)ALT608
..... 5, punjab laws act, 1872, no person shall contest any alienation of non-ancestral immovable property or any appointment of an heir to such property on the ground that such alienation ..... an obligation is imposed on the lessee to redevelop the property by demolishing the existing buildings; and (2) that the crown lessee had an accrued right to possession under the ordinance prior to the repeal, and that right survived the repeal, and the lessee is entitled to have his application for rebuilding certificate determined in accordance with the provisions as they stood prior to repeat and entitled to have vacant possession of the whole of ..... for considering this point, it is necessary to refer to the provisions of act 10 of 1918 as amended by the usurious loans (madras amendment) act 8 of 1936 insofar as it is relevant for the purpose of present discussion which is as follows:'section 3: reopening of transactions:--(1) notwithstanding anything in the usurylaws repeal act, 1855 (28 of 1855), where, in any suit to which this act applies whether heard ex parte or otherwise, the court has reason to believe that the transaction was, as between the parties thereto ..... bound by the directions issued by the reserve bank of india in respect of charging interest, violation of which will entail penal consequences, the parliament stepped in to set at rest the controversy and enacted section 21-a to enable the banking companies to charge interest as per the directions issued under the provisions of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1994)IIILLJ393AP
..... the supreme court considering the effect of section 1(3)(b) of the act in relation to an establishment and interpreting any law for the time being in force in relation to shops and establishments act, laid down thus:'there can be no dispute that the payment of wages act is in force in the state of punjab. ..... but, it is contended, the law referred to under section 1(3)(b) must be a law which relates to both shops and establishments, such as the punjab shops & commercial establishments act, 1958. ..... on a conjoint reading of section 1(3)(b) of the act read with section 2(10) and (5) of the shops act, it is clear that where commercial establishment, within the meaning of the shops act which is in force in the state of andhra pradesh, which carried on any trade, business or profession or any work in connection with or incidental or ancillary to such trade, business or profession is an establishment within the meaning of section 1(3)(b) of the act when a person has been systematically and continuously carrying on any commercial activity, whether he receives profits or not in a systematic ..... had the intension of parliament been when enacting section 1(3)(b) to refer to a law relating to commercial establishment, it would not have left the expression 'establishments' unqualified. ..... act 15 of 1966 has been repealed and a.p. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP255
..... before dealing with the arguments advanced on either side it may be noted that the andhra pradesh khadi and village industries board (iv of 1959) was enacted to provide for the establishment of a borad for the development of khadi and village industries in the state of andhra pradesh and for matters connected therewith. ..... 14 of the constitution, in that case the patiala state bank was held to be a class by itself and it was down that it was within the powers of the state to enact a law under which dies to the bank were expressly included in the definition of state dues with respect to it. ..... if the board itself had the powers as vested in the collector under section 5 of the punjab public premises and land (eviction and rent recovery)act, perhaps it could be rightly held following the ratio decadent of the case that section 19 of the act was violative of article 14 of the constitution. ..... public demands recovery act and the ordinary mortgage suit or other proceedings in this connection do not seem to be proper appropriate for expounding the great constitutional doctrine of equality of law or equal protection of laws.in our opinion the facts of the said case are on fall fours with the present case and the reasoning given therein for arriving at a conclusion that section 15 (a) of the rehabilitation finance administration act is not violative of art. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)
..... 28 as under:from the aforesaid decisions the legal position that emerges is that when a repeal of an enactment is followed by a fresh legislation such legislation does not affect the substantive rights of the parties on the date of suit or adjudication of suit unless such a legislation is retrospective and a court of appeal cannot take into consideration a new law brought into existence after the judgment appealed from has been rendered because the rights of the ..... repeal of enactment is not given retrospective operation the pending proceedings would not be affected by the amending act so as to take away the vested right or 'acquired' or 'accrued right' under section 6 of the general clauses act ..... court in that case which was dealing with the provisions of usurious loans act 1918 as amended by section 5 of the punjab relief of indebtedness act which was extended to delhi on 8-6-1956 held that section 6 of the said amendment act expressly made the provisions of the act applicable to all suits pending on or instituted after the commencement of that act and that appeals being continuation of the suits, the amendment was equally applicable ..... the lessor who ultimately approached the supreme court contended that with the bringing into force of the part-b states (laws) act 1951, the provisions of the transfer of property act were made applicable to the state of mysore with effect from 1st april, 1951 and that therefore, the house rent control order could not operate on rights of the parties .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1994AP225; 1994(1)ALT376
..... counsel for the petitioners submit that section 1(3) (b)(ii) and the proviso'to section 2 of the prohibition act delegates to the state government, the essential legislative power to enact the law in respect of any local area and also confers a similar power by reason of a notification to withdraw the provisions of the act. ..... in delegating such powers, parliament cannot 'abdicate' its legislative functions in favour of such authority'.the supreme court upheld the validity of section 87 of the punjab reorganisation act, which empowered the central government to extend the union territory of chandigarh any law in force in any part of india.10 17. ..... section 87 of the punjab reorganisation act (31 of 1966) conferred power on the central government to extend to the territory of chandigarh, any law in force in any part of india ..... he submits that such power of annulment tantarnounts to a statutory power of repeal and such power cannot be entrusted to the executive and should not be exercised by a declaration contained in the notification of the state government. ..... upheld the provisions of punjab excise act read with punjab liquor licence rules 1956 as amended in 1978 holding that 'as abkari law is not a prohibition act with a mission of total prohibition. ..... state of punjab, : [1967]3scr557 )in devi dass gopal krishnan it was held that it was open to the legislature to delegate the power to fix the rate of purchase tax or sales tax if the legislature had prescribed a reasonable upper limit.15 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD50; 2005(2)ALT355
..... payment or deposit of rent during the pendency of proceedings for eviction:-(1) no tenant against whom an application for eviction has been made by a landlord under section 10, shall be entitled to contest the application before the controller under that section or to prefer any appeal under section 20 against any order made by the controller on the application, unless he has paid to the landlord or deposits with the controller or the appellate authority, as the case may be, all arrears of rent ..... the history of the legislation it was pointed out by the court at page 918 that the requirement as to written notice provided in section 111 cannot be said to be based on any general rule of quity and therefore forfeiture of lease brought about in terms of section 111 of the transfer of property act not by notice but on the application of justice, equity and good conscience was held to be good determination of the lease. ..... the matter is sent back to the rent controller to determine the rent in the application summarily as adumbrated under section 11(3) of the act and dispose of the case in accordance with law. ..... in punjalal's case, if we may say so with very great respect, the principle of law laid down by this court in brij raj krishna's case (supra) and by the punjab high court in hem chand's case was wrongly distinguished. ..... 634 and reference was made to the decision of the punjab high court in hem chand's case. ..... happened in madras, andhra pradesh, kerala, karnataka and punjab and haryana. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(5)ALD418; 2000(5)ALT468; [2002]108CompCas441(AP)
..... (2) where a non-banking financial company has failed to repay any deposit or part thereof in accordance with the terms and conditions of such deposit, the company law board constituted under section 10-e of the companies act, 1956 (1 of 1956) may, if it is satisfied, either on its own motion or on an application of the depositor, that it is necessary so to do to safeguard the interests of the company, the depositors or in the public interest, ..... the state commission having regard to an arbitration clause in the agreement creating jural relationship between him and another person and whether the forum under the consumer act is required to stay pending before it under section 34 of arbitration act, 1940, while holding that the proceedings before the forums are 'legal and judicial proceedings', the hon'ble supreme court nevertheless held that in view ..... ultimately, to provide anadditional speedy remedy, the parliament enacted rbi (amendment) act, 1997 inserting section 45-qa giving power to clb constituted under section 10-e of the companies act which 'may, either on its own motion or on application of ..... in ludhiana municipality case (supra), the supreme court considered the question whether availability of the remedy under punjab municipal act by way of appeal against orders passed by the municipal authority excludes the jurisdiction of the civil court to adjudicate a ..... of the arbitration act and the contract act, 1872 and the consequential remedy available under section 9 of the code .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1994(2)ALT240; [1993]202ITR145(AP)
..... assessed tax' means tax as reduced by the sum, if any, deducted at source under chapter xvii-b or paid in advance under chapter xvii-c;' the question referred to this court for decision under section 256(1) of the act was (at page 492) : 'whether, on the facts and in the circumstances of the case, the advance tax paid beyond due date should be deducted from the tax payable for the purpose of ..... view, we find it difficult to sustain the view of the division bench of this court in kangundi industrial works' case : [1980]121itr339(ap) : that 'a careful reading of section 214 of the act will indicate that the stress is not on the question whether all the instalments of advance tax are paid during the financial year, but the stress is that the instalments must ..... following the said financial year, and where any such instalment is paid after the expiry of the financial year during which it is payable by reason of the provisions of section 213, interest as aforesaid shall also be payable on that instalment from the date of its payment to the date of regular assessment : vided that in respect of any amount refunded on a provisional assessment ..... sought to be advanced on behalf of the department, based on the proviso added to section 211 of the act by the direct tax laws (amendment) act, 1987, with effect from april 1, 1988. ..... the learned judges of the punjab and haryana high court rejected the said contention observing that the said amendment was only clarificatory ..... of the punjab and haryana high .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(2)ALD352; 1999(1)ALD(Cri)504; 1999(1)ALT(Cri)518; 1999CriLJ2465
..... shall be conducted : (1) when any officer duly authorised under section 42 is about to search any person under provisions of section 41, section 42, or section 43 he shall if suchif these observations are read in the context of facts of that case, it would be apparent that it may not be stated as a matter of law that section 50 of the act would come into play only when search or seizure is effected ..... seize such drug or substance and all materials used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under this act and anydocument or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under chapter iv relating to such drug or substance; and (d) detain and search ..... searching or is at a point of time when it could be said that he is just ready to search any person, it is at that point of time that he shall comply with the requirement of section 50 of the ndps act and shall inform the person to be searched that he has option to be searched in the presence of a gazetted officer or a magistrate and if the person exercises his option to be so searched before ..... as there was no compliance with section 50 of the act in conducting the search, the whole search is vitiated and the accused is entitled to acquittal as held by the supreme court in the case of state of punjab v. ..... of this court to ajudgment of punjab and haryana high court in the case ..... punjab .....
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