Court : Andhra Pradesh
Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)
..... which the centre and the states could legislate, some overlapping of the fields of legislation is inevitable. the british north america act, 1867, which established a federal constitution for canada, enumerated in sections 91 and 92 the topics on which the dominion and the provinces could respectively legislate. notwithstanding ..... will prevail.(emphasis is ours).92. the ancillary and incidental or the penumbral areas of the enumerated exclusive legislative entries perhaps constitute the exception to the established principle that the doctrine of repugnancy or operational conflict is inapplicable to the entries in the exclusive lists.93. in a.s. krishna v. ..... in modern times in india as elsewhere, to attract business, banking establishments render and compete in rendering, a variety of miscellaneous services for their constituents. if the test for determining what 'banking' means in the constitutional entry is any commercial activity which bankers at a given time engage in, great obscurity .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALD149; 2001(6)ALT706
..... fraud with dates and details are not mentioned, and since vague allegations of fraud and misrepresentation, in whatever strong words they are made, are not sufficient to establish fraud or misrepresentation, the allegation of fraud and misrepresentation have to be ignored. he relied on mahundeo narain vs . seogeni rai, : [1951]2scr548 , ..... . in national thermal power corporation (supra) the supreme court clearly held that the parties have the freedom to choose the law governing the international commercial arbitration agreement, and that they canchoose substantive law governing the arbitration agreement as well as the procedural law governing the conduct of arbitration and that ..... to the said suit, renusagar filed another suit in the court of the civil judge. mirzapur for a declaration that the guarantee given pay united commercial bank for and on its behalf stood discharged and became ineffective and unenforceable, and for a mandatory injunction directing general electric to settle its claim .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1992AP170
..... means any undertaking providing road transport service where such undertaking is carried on by :-- (i) the central government or a state government; (ii) the road transport corporation established under s. 3 of the road transport corporations act, 1950 (64 of 1950); (iii) any municipality or any corporation or company owned or controlled by the central government ..... its import any business or calling in which an,individual is engaged. it cannot be said that a man who is engaged in an occupation of a commercial nature is not carrying on any trade or business as such. it is evident that the distinction between the concept of a profession or occupation as ..... include anything which occupies the time, attention and labour of a man for the purpose of profit. it may include in its form trade, profession, industrial and commercial operations, purchase and sale of goods and would include anything which is an occupation as distinguished from pleasure.'therefore, it is clear that the word 'occupation' .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1983(12)ELT469(AP)
..... remaining were purchased by chandulal kushalchand from three other firms of bombay, who in turn had purchased them from different individuals whose identify or whereabouts could not be established. so far as the petitioner is concerned, all the items were supplied to him by chandulal kushalchand of bombay as their agent and were consigned to them ..... observed that as is clear from the certificate given by the mint 'gold ornaments' of such fineness are not manufactured by the bullion manufacturers in india on commercial scale. finally on a personal examination of all these items he opined that these 47 items cannot be considered as ornaments and that they are nothing but primary ..... defence of india rules, 1962, containing part xii-a (gold control rules) were in operation, a certain quantity of gold and gold ornaments were seized from the shop of the petitioner and a proceeding under rule 126-l of the said rules was initiated against him on 13th may, 1968. a notice was issued on the petitioner .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(4)ALD210; 2006(4)ARBLR75(AP)
..... number of law officers in the high court of andhra pradesh, andhra pradesh administrative tribunal, central administrative tribunal, hyderabad bench, special court established under the andhra pradesh land grabbing (prohibition) act 1982, andhra pradesh state consumer disputes redressal commission and sales tax appellate tribunal or any ..... assist the advocate-general, two government pleaders in the special court established under land grabbing (prohibition) act and one government pleader in central administrative tribunal apart from two special standing counsel exclusively for dealing with commercial tax matters. sixty assistant government pleaders had been appointed to assist the ..... court of a.p., a.p. administrative tribunal, special court established under a.p. land grabbing (prohibition) act 1982 and also one special counsel on central administrative tribunal, hyderabad bench besides two special counsel for commercial taxes in june/july 2004. the assistant government pleaders were also .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(5)ALD442; 2006(5)ALT361
..... a of karnataka town and country planning act, 1961, change of land use can be accorded for conversion of use from dwelling to commercial for establishment of a hotel/restaurant. the high court of karnataka took a view in favour of such conversion, which was reversed by the ..... included in i town area, which according to general town plan published in 1969 was earmarked for residential and light commercial purposes. therefore, no wholesale business is permissible. after establishment of urban authority as per hyderabad urban development authority (huda) rules and regulations, which were initially adopted by urban ..... involving pollution of any other type depending on circumstances.9.1 commercial use zone:the following uses are permitted in this zone. dwellings, multi-storeyed or apartment houses, retail shops, department stores, lodges, hotels, restaurants and their accessory uses.professional business establishments, private office buildings, and colleges, schools, offering general educational .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2003AP403; 2003(4)ALD1; 2003(4)ALT735
..... he found that it is a well developed posh area and surrounded by residential houses. he also found that the property is entirely surrounded by the commercial establishments with well constructed buildings consisting of civic amenities and it is nearer to kachiguda and nampally railway stations and imliban bus station. it is nearer to ..... case of house sites - i) the general value of house-sites in the locality; ii) nearness to roads, railway station, bus route; iii) nearness to market, shops and the like; iv) amenities available in the place like public offices, hospitals and educational institutions; v) development activities, industrial improvements in the vicinity; vi) land tax ..... amenities and the property is very nearer to bus stops and near to kachiguda and nampally railway stations and imblibun bus station and all facilities like shops, educational institutions, cinema theaters, etc., are in walking distance and the collector has come to a conclusion that the minimum market rate is rs. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD211; 2002(4)ALT788; [2002(95)FLR786]; (2002)IIILLJ741AP
..... the discussion observed that 'the determination of the question whether the central government or the state government is the appropriate government in relation to an establishment, will depend, in view of the definition of the expression 'appropriate government' as stood in the clra act. the answer to the question ..... matters: (a) .....(b) ....(c) terms and tenures of appointments, emoluments, allowances, rules of discipline and other conditions of service of the officers and establishments of the society; (d) - (f) ......... the funds of the society will consist of lumpsum and recurring grant made by the government of india; ..... getting commercial advertisements telecast or broadcast through their various kendras and stations by charging fees. the court held that 'the functions carried on by them are not of a purely sovereign nature.' 53. in agricultural produce market committee v. ashok harikuni, : air2000sc3116 the question whether the agricultural market committee established under .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALT611
..... context otherwise requires, 'financial assistance' means any loan or advance granted or any debentures or bonds subscribed or any guarantees given or letters of credit established or any other credit facility extended by any bank or financial institution.section 2(m) defines 'financial institution' as:(i) unless the context otherwise ..... 'lbol', a company organized under the laws of mauritius being a 100% indirect subsidiary of lehman brothers holding inc.) is an affiliate of lehman brothers commercial corporation asia ltd. ('lbcca'). lbol together with cellcap securities limited (hereinafter 'cellcap', a company organized under the laws of british virgin islands. lbol is ..... today with tremendous expansion of welfare and social service functions increasing control of material and economic resources and large scale assumption of industrial and commercial activities by the state, the power of the executive government to affect the lives of the people is steadily growing. the attainment of socio .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2009AP216; 2009(5)ALT98
..... the conventional court system. the government of india having regard to various opinions and recommendations decided to adopt new arbitration law, which would be based on model law on international commercial arbitration established by united nations commission on international trade law (uncitral). accordingly repealing 1940 act, 1996 act, which also includes provisions of conciliation, was enacted on 16-01-1996. this came ..... is necessary for disposal of this application. in 2003, government of andhra pradesh decided to privatize co-operative sugar factories in the state. the implementation secretariat (is, for brevity) was established for formulating strategies, assessing realizable net value of sugar factories, formulating methodology by selling assets by public auction/calling for tenders, evaluating and identifying suitable purchasers and transferring sugar factories .....
Tag this Judgment!