Court : Andhra Pradesh
Reported in : AIR2005AP155; 2005(1)ALD325
..... general pointed out that it is only a communication from the ministry of environment and forests to its counsel and is not a counter-affidavit, therefore, no cognizance of the same can be taken since the state government has no occasion yet to verify the facts as to whether site clearance had or had not been granted. ..... public hearing was sought to be conducted on 23.3.1998 but the same could not be completed due to strong resistance from various groups, political parties and ..... a stand has to be turned down and deprecated that when law requires a thing to be in a particular manner, the same must be done in the same manner or not done at all. ..... karnataka was likely to execute upper krishna stage ii multipurpose project without getting environmental clearance under the environment (protection) act under the notification issued by the central government in exercise of powers under the same act and the rules made thereunder.24. ..... another limb of the same objection is that the writ petition has raised a dispute relating to water, therefore, in view of article 262(2) of the constitution of india read with section 11 of the inter-state water disputes act, 1956 jurisdiction of ..... the same can be taken to be merely in the nature of executive instructions for the guidance of the persons applying ..... the same paragraph-3 of the notification says that 'no construction work, preliminary or otherwise, relating to the setting up of the project may be undertaken till the environmental and/or site clearance .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD163; 2002(2)ALD(Cri)35; 2002(5)ALT91
..... in our opinion the authorities have failed to see that the petitioner loaded the consignment in daman with necessary supporting documents and the same passed through the states of gujarat and maharashtra and also the state check post at zaheerabad and as suchthe petitioners who are the owners of the lorries are innocent and they had no intention to violate ..... it is submitted that the impugned orders in so far as they purport to confiscate the consignment of iml is erroneous and aggrieved by the same the present writ petition was filed.8. ..... the law providing for confiscation in an appropriatory legislation and the same is to be strictly construed. ..... 76, dated 18-1-2002 for the reasons recorded in the said order rejected the same. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALT263
..... of article 243-k is challenged on the ground that it impinges upon the power vested in the state commission under clause (1), the court must examine the scheme of enactment as a whole and try to harmonise the same with the state commission's power of superintendence, direction and control of the preparation of electoral rolls and the conduct of elections to the panchayats and any such law should be declared ultra vires the provisions ..... discrepancies in the wardwise electoral rolls of the municipal bodies and that sufficiei ittime was not given for eligible persons to enroll themselves in the assembly electoral roll and consequently the same deficiencies also got reflected in the local body electoral roll.therefore, the state election commission hereby appeals to all the political parties and general public to check the assembly electoral rolls ..... and objections are lodged and decided and necessary amendment by way of inclusion or exclusion is carried out in the electoral roll of the assembly constituency of the particular village, the same has to be carried out in the electoral roll of the gram panchayat in terms of proviso to section 11(1) and (2) read with rule 6 of the 2000 ..... 2000 rules do not have any discretion with the state commission in the matter of preparation and publication of the electoral rolls or for making addition or deletion therein and, as such, the same are liable to be struck down in the light of the judgment of the larger bench sounds attractive, but lacks .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(3)ALD241; 2008(4)ALT53
..... the interpretation of the expressions 'permit', 'contract carriage' and 'stage carriage' must, thus, be understood on the premise that the said expressions carry the same interpretation as contained in the 1988 act.....as a logical corollary the mode and manner in which the permits are granted must necessarily be considered to be part of the provisions of the 1991 act. ..... we, however, do not mean to suggest that only because a wide power has been conferred the same by itself would lead to a presumption that the same is capable of misuse or on that count alone the provisions of article 14 of the constitution of india would be attracted. ..... it has to operate in the same field and, if the language of the main enactment is clear, it cannot be used for the purpose of interpreting the main enactment or to exclude by implication what the enactment clearly says unless the words of the proviso are ..... but the same would not mean that while specifying a rate of tax, the executive government of the state can indirectly levy a penalty which it cannot do directly.....the transport authorities of the state indisputably have a power to check a vehicle so as to ..... under class 1 are motor cycles, motor scooters and cycles with attachment for propelling the same by mechanical power. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD213
..... that no survey number and no boundaries were given therein and that the said property belongs to them and their family graveyard is situated therein and that their father never dedicated the same as choultry; that after the death of their father their mother never treated the said property as wakf property; there was no enquiry whatsoever by the wakf board and no notice ..... about the filing of the suit on 31-12-1993, the plaintiff was got appointed and elected unanimously by the trust committee members of the schedule property took over the charge of the same and on investigation and enquiry it came into light that the charitable trust created by the subedar saheb has been sold out at nominal price to the defendants even though the said ..... notices to the wakf board claiming the said item 1(a) of the suit property and requested deletion of the same from the register of wakfs and cancellation of the said publication dated 19-4-1962 and later filed o.s. no ..... under section 9 of the act seeking permission to deposit the rents into the court and the same were dismissed by the aforesaid common order dated 27-2-1998 and the appeals preferred by them being r.c.a ..... for conducting the meetings would be the same as that of any general laws and ..... by the defendants 1 to 4 and 6 and 7 registered on 12-6-1945 in respect of the plaint schedule property as void, unenforceable and not binding on the plaintiff and to set aside the same and to grant permanent injunction against them and to pay a sum of rs. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALD739
..... aggrieved by the same, the unsuccessful party appealed to the appellate authority concerned under the tenancy act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD1; 2003(1)ALT636
..... lokayukta or upa-lokayukta decides not to entertain a complaint or to discontinue any investigation in respect of the complaint, he shall record his reasons therefor and communicate the same to the complainant and the public servant concerned.section 11 of the act provides for recording of evidence by the lokayukta or the upa-lokayukta and it reads thus:11. ..... i may now endeavour to examine the contention whether both the terms investigation and preliminary verification are one and the same and the further contention whether the public servant should have been provided with the opportunity as provided under the provisions of section 10 of the act and whether ..... naidu that in view of the above frivolous and vexatious complaints, me upa-lokayukta should have refused to exercise discretion regarding the complaint on hand which contains self-same allegations as were held to be fictitious in the earlier complaints in view of the fact that other remedies were available to the complainant.17. ..... investigation without any hindrance, the officers, who are parties to the transaction should be kept away and to comply the same, the public servant was transferred from the present post of the executive officer along with two other officers. ..... him both the terms investigation and preliminary verification contained in sub-section (1) of section 10 of the act carry me same meaning and purpose and the procedure prescribed therein together with the procedure prescribed in the sub-clauses (a) and (b) of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]127STC429(AP)
..... in turn, darshak enterprises, secunderabad without taking the delivery of goods from sanskrut comfort systems limited, secunderabad raised another sale invoice for the same quantity of goods in favour of the assessee, who ultimately is taking delivery of the goods from the transport companies after payment of hamali and incidental charges. ..... thereafter as the dealer failed to produce necessary evidence to prove that who has taken delivery of goods from the transport authorities and though the petitioner/dealer was in possession of such evidence failed to produce the same and therefore, held against the petitioner/dealer and confirmed the order of the deputy commissioner (ct). ..... of course this aspect was unnoticed by the commercial tax officer, vidyanagar at the time of assessment as to whether the same goods have been tax suffered previously at the hands of the selling dealers, i.e. ..... started on their journey to another state, endorsed the railway receipts in favour of the buyer after receiving the sale price, it was held that as the transfer was effected during the movement of the goods, the same was within the purview of section 3(b) of the cst act. ..... both the registered office and the branch office were offices of the same company; they did not possess separate juridical personalities. ..... as and when the goods have been dispatched, the same are being collected by the petitioner after obtaining necessary endorsements from the company branch office as well as the sold distributor. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALT96
..... the constitution of the property and their location fall within the state of andhra pradesh or outside the territorial limits of andhra pradesh cannot be decided in a petition under article 226 of the constitution of india and the same has to be resolved by a civil court or any other forum as provided by the bye-laws of the society, to which the petitioners are members.7. ..... in that view of the matter, the present writ petitions filed by the petitioners cannot be maintainable and the same are accordingly dismissed with a liberty to work out their remedies before the appropriate forum. ..... since the point involved in the present writ petitions is one and the same, they are being disposed of by this common order.2. ..... he further contends that if the petitioners are members of the first respondent-society and if there is any dispute with regard to the said disconnection, the same should be resolved as contemplated under section 61 of the a.p. ..... act, and as and when the first respondent-society disconnects the power supply, it is open for the petitioners to raise a dispute as contemplated under the provisions of the act and it is for the arbitrator to decide the same. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(4)ALT626
..... in the training modules conducted at these institutions.the seniority of the sub-inspectors of police(intelligence) appointed by transfer from among sub-inspectors of police (civil) or equivalent ranks of this service carrying the same scale of pay shall not be treated as first appointment but shall be determined with reference to the date of his seniority in the class or category from which he was transferred.provided further that the ..... shall be reckoned from the date of appointment as sub-inspector (civil) for all purposes.rule 15(c):(c) the transfer of a person from one class or category of the service to another class or category carrying the same pay or scale of pay shall not be treated as first appointment to the latter for purposes of seniority and the seniority of person so transferred shall be determined with reference to the date of his first appointment ..... batch, reserve sis were appointed in february, 1985 and in other two batches there is no such problem on both the reserve sis and civil sis were appointed in one and the same time and if they were given retrospective seniority taking into consideration the aggregate marks obtained by them in the final examination conducted at the police training college at the end of training, no ..... the learned counsel on the ground that therein the deputy superintendents of police from both the categories were having the same qualification, scale of pay and other experiences and their seniority had been protected by a statutory rule. .....
Tag this Judgment!