Court : Andhra Pradesh
Reported in : AIR1968AP165
..... that besides the scheduled castes and the scheduled tribes 'there were other communities, castes or social groups which were also backward socially and educationally; that no definite provision could be made for these social groups on account of paucity of information regarding their backwardness and that it was thought necessary, therefore, to collect data regarding the ..... by the government by placing the list before the court after stating the factors as to how the list attached to g. o. ms no 1880 health, emerged. it is further stated that no one community in the impugned list has been attached by the petitioners as not being socially and educationally backward, except munnur kapus ..... a good defence.44. in lyle meller v. lewis and co. ltd., 1956-1 all er 247 the court of appeal were considering the case of a company which by an agreement, consented to grant to the defendants the sole right of exploiting his inventions in return for royalties on every lighter and refill embodying his .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1981AP8
..... and impartial and in conformity with the said policy and object, then, even if no guidelines are laid down for the exercise of discretionary power, the provision which confers the discretion, be it unbridled, unfettered and untrammelled, cannot be struck down unless, the actual exercise is demonstrably unreasonable and discriminatory. in other words ..... imports and exports, : [1963]2scr73 and many other cases which need not be multiplied.21. on a conspectus of case-law, the cardinal principles that emerge are: when the discretion conferred upon the executive authority in the matter of according permits or licences is complained of as being unbridled and unfettered and, therefore, ..... venkateswara is located and where pilgrims offer their hair to be shaven by barbers, to the deity. the tirumala hills area was alienated by the east india company in favour of the temple, and in fact, it was in exclusive possession of the shrine ever since 1874. the title of the tirumala tirupathi devasthanams .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1994(3)ALT653
..... commission, the situation giving rise to pre-poll violence or apprehended violence preventing persons from exercising their franchise could be looked into by the election commission, and the provisions are not lacking in the representation of the people act to take care of such situations and to devise remedial measures. in the guise of espousing the cause ..... or the rules or orders made thereunder, provided, of course, the result of the election has been materially affected. section 57 provides for adjournment of poll in certain emergencies. if the poll at any polling station or place is interrupted or obstructed by any riots or open violence, or if it is not possible to take the poll ..... having been killed in warangal district in a land mine blast, the death of nine 'naxalites' in the alleged encounters in karimnagar district, the burning of a railway coach and a bank have been cited in the affidavit filed in support of the writ petition. it is also stated that due to fear of naxalites, some .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP37; 1995(2)ALT439
..... vires of rule 3a even on the ground of expediency.25. the next vexing question for us to decide has emerged from the exercise of the . government of the state of making provisions for reservation of seat in panchayats and offices of chairpersons in the panchayats in favour of backward class of citizens. ..... of electoral rolls in the those gram panchayats. the state election commission, after careful consideration of the suggestion of commissioner of panchayat raj, feels that provisions of section 12 do not contemplate of issuance of authorisation for re-arrangement and re-publication of the electoral rolls for the villages thus created. the ..... follows :--'243b. constitution of panchayats.-- (1) there shall be constituted in every state, panchayats at the village, intermediate and district levels in accordance with the provisions of this part. (2) notwithstanding anything in clause (1), panchayats at the intermediate level may not be constitued in a state having a population not exceeding .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(3)ALD715
..... , and therefore, by a necessary corollary, offends article 14 of the constitution of india. in substantiation of this submission, the learned senior counsel disputes the provision made by the district advisory board as well as the somasila irrigation committee for meeting the various demands. the consideration of point-b, therefore, involves superficial ..... field ofconstitutional law and administrative law. the expression 'arbitrary, arbitrariness and arbitrary and capricious' are defined in words and phrases, permanent edition vol.3a, west publishing company (1995-96 replacement edition), in an elaborate manner. some of the relevant definitions are as under:the words 'arbitrary' and 'capricious' when used in a ..... answered on the facts and in the circumstances of a given case. an obvious test to apply is to see whether there is any discernible principle emerging from theimpugned act and if so, does it satisfy the test of reasonableness. where a mode is prescribed for doing an act and there is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALD63
..... nor intoxicating liquors. they are the materials used in manufacture of intoxicants. when the government had taken such measures, and did not choose to make similar provisions as regards molasses, the omission is not without significance. that commodity cannot be brought within the regulatory or punitive regimes, by way of interpretative process..the ..... further since any observation in that regard may affect one party or the other. the allegations made are serious in nature and relate to the power company registered under the act having its head office in this country. whether the appellants were or were not citizens of india at the time of commission ..... they had paid substantial amounts to the accused. the complainant alleged that the accused had committed fraud on the power company in whose name they collected money and invested the same in their own companies. the special judge for economic offences, hyderabad issued summons to the accused persons requiring them to appear before the court .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2010(3)ALT1
..... jinabhai patel v. pravinchandra jinabhai patel (14) : 2007 (3) arb lr 91 (bombay) and a judgment, dated 29-04-2009 in patel engineering company limited v. konkan railway corporation limited (15) ().18. after referring to rule 803c(a) of bombay arbitration rules, division bench of bombay high court in the last cited case ..... cannot permit the amendments or additional material after the completion of arbitral process. that the petitions filed under section 34 are summary proceedings, that the provisions of cpc and evidence act are not applicable and that least judicial intervention and least procrastinating unending procedures are part of uncitral model law cannot be ..... permissible to introduce by way of particulars a plea of fraud or misconduct other than that raised in the pleadings.applicability of limitation act12. whether the provisions of section 5 of the limitation act, 1963 are applicable to a petition challenging the award under section 34 of the arbitration act, and whether .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(1)ALD77; 2001(1)ALT235
..... is enacted. certain broad propositions which can be deduced from several decisions of courts regarding the rules of construction that should be followed in determining whether a provision of law is directory or mandatory may be summarised thus: the fact that the statute uses the word 'shall' while laying down a duty is not ..... (supra) while considering the effect of non-compliance of the requirement contemplated under jammu and kashmir representation of people act, 1957 held that non-compliance of mandatory provision will result in dismissal of the petition as provided under section 94 of that act. while considering the above section, the supreme court observed as follows: ' ..... the election of more than one returned candidate is called in question a separate deposit shall be made in respect of each such returned candidate. (ii) if the provisions of sub-rule (i) are not complied with, the election tribunal shall dismiss the petition.' 14. it is not in dispute that the first respondent herein .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1979(4)ELT307(AP)
..... arose exclusively on account of the retrospective operation being given to the subsequent enactment. but, that is not the case here. this is a case where a provision of law in force was ignored, or not properly understood, as the case may be, and a facility and deduction allowed to the petitioner which was not ..... therein and, admittedly, the present proceedings were initiated beyond the period prescribed under rule 10. rule 10a is not applicable, inasmuch as it being a residuary provision, applies only if rule 10 is not applicable.9. it may be noticed that the learned single judge has agreed with the petitioner-appellant that rule 56a(3 ..... provisions other than those mentioned in the show cause notice. again, this is not a case of a 'nil' assessment, nor it is a case where there has been a provisional assessment. in our opinion, therefore, the said decision of the supreme court in no way helps the respondents. nor does the decision in assistant collector, central excise v. n.t. company .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD95; 2001(2)ALT206
..... )(j) of karnataka rent control act, as interpreted by the supreme court, may not apply while interpreting the provisions of the a.p. rent control act. 21. having regard to the legal provisions and the relevant case law, the following principles emerge : (1) the a.p. (lease, rent and eviction) control act, 1960 confers on the landlord ..... therefore, right in holding that such a condition is unnecessary.'17. the judgment of the division bench of this court in khaja moinuddin v. m/s. gayatri iron company, 1994 (1) alt 38 (hc) nrc, also lays down the principle that though the tenant is not entitled to premises identical in dimensions, but it should be ..... the act is required when recovery of possession is ordered under that particular section. the idea is to safeguard the interests of the tenant by providing him a provision for occupation of the premises after reconstruction. but the same condition need not be imposed when eviction is ordered on grounds other than demolition and reconstruction. the .....
Tag this Judgment!