Court : Andhra Pradesh
Reported in : 2002(1)ALD598; 2002(1)ALT738
..... was enacted to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments and other establishments. section 2 defines various expressions as under:2(5): 'commercial establishment' means an establishment which carries on any trade, business, profession or any work in connection with or incidental or ancillary to any such trade, business or profession or which is a ..... , eating-house, residential hotel, lodging house, theatre or any place of public amusement or entertainment and includes a commercial establishment and such other establishment as the government may, by notification, declare to be an establishment for the purpose of this act; 3(21): shop means any premises where any trade or business is carried on or where services are rendered to customers and includes a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1977)ILLJ151AP
..... in the following terms:an act to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, restaurants, theories and other establishments and for matters connected therewith.it is pertinent to note that the act intends to regulate, not only the conditions of work but ..... high court were cited. the first one is jagdish vastralaya v. state of bihar, : air1964pat180 . it was a case which arose under bihar shops and establishments act. while upholding the constitutional validity of the act, the court construed the provisions of section 26(1) which deals with dismissal or discharge of ..... parliament and the legislatures. regulation of conditions of work and conditions of employment is an essential and integral part of social welfare legislation. true shops and establishments are private concerns and the employment therein is governed by the contract of service. but even here the parliament and the legislature have entered the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD281; 2000(2)ALD281; 2000(3)ALT67; 2000(3)ALT67; [2000(87)FLR293]
..... factory or an industrial undertaking which fall outside the scope of the factories act, 1948, an such other establishment as the government may, by notification, declare to be a commercial establishment for the purposes of this act but does not include a shop. 2 (10) 'establishment' means a shop, restaurant, eating house, residential hotel, lodging house, theatre or any place of public amusement or entertainment and ..... includes a commercial establishment and other establishments as the government may, by notification: declare to be an establishment for the purpose of this act., 14 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(5)ALD791; 2005(5)ALT502
..... case of the petitioner that the petitioner's establishment is neither a 'shop' nor a 'factory' as per the notification issued by the government of a.p. it is only a commercial establishment registered under the a.p. shops and establishments act and therefore the petitioner establishment can not be covered under section 1(5) ..... of the act, it is stated that the respondent served a notice, dated 09-09-1983, on the petitioner-appellant stating that it is a factory/ establishment to ..... other matters in relation thereto. accordingly, the state government issued notification extending provisions under the act to the case of establishment, industrial and commercial concerns etc., covering the said establishments under the purview of the act.under section 2(12) factory means(12) 'factory means any premises including the precincts .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(3)ALD607; 1999(3)ALT589
..... c.') for allotment of the land and building and the respondents allotted room numbers 6 to 10 of the first floor of the commercial complex situated in sanathnagar industrial estate for establishing junior and degree colleges, in the month of april, 1994. an agreement was also entered into between the parties on 26-4- ..... under which the building is constructed would be fulfilled. moreover, i find that in hyderabad, there are so many colleges running on the terrace of the commercial shops. what kind of educational atmosphere can be assured by such institutions to the students out of necessity, some students may join such colleges, but one ..... on 18-3-1998, proposing to auction the shops for industrial purposes. vide item no.3(c), industrial estate sanathnagar commercial complex was also included in the said notification. it is further stated that the respondents have permitted the petitioner-society and icwa college to be established in industrial estate sanathnagar and the respondents cannot .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT42
..... appeal against the interlocutory orders either granting temporary injunction under order 39 rules 1 and 2 or refusing the same. passing off action is sought to be established by various means viz., deceptive similarity, prior user of mark, distinctive and secondary meaning, household name for the product, generic meaning acquiring reputation and goodwill ..... . in ellora industries, delhi v. banarasi dass goela : air1980delhi254 , the learned single judge held thus:'the purpose of tort of passing off is to protect commercial goodwill; to ensure that people's business reputations are not exploited. since business 'goodwill' is an asset, and therefore/species of property the law protects it ..... the plaintiff and the defendant, he was led to believe that the plaintiff and the defendant are the same. he stated that if a servant goes to the shop it is difficult for him to distinguish one from the other.'acquiescence / delays / laches:61. in hindustan pencils pvt. ltd. v. india stationery products co. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD533; 2002(2)ALT791
..... section (1); the dispute shall be referred to government whose decision shall be final. section 26 of the act enumerates sanction to programme, budget and establishment schedule and section 27 about publication of sanctioned programme. section 32 specifies about transfer of land vested in local authority to the board for purposes of ..... layout belonging to indian airlines employees housing society was approved by huda and the corporation granted permission in favour of seventh respondent for construction of commercial complex having regard to the revised layout plan approved by the second respondent-board. the learned counsel would further submit that an undertaking was ..... public interest involved in the writ petition. he would submit that according to the revised layout of the housing board, the site was earmarked for shops. he would further submit that the committee of indian airlines welfare association on obtaining consent from all the members, including the petitioner herein, passed .....
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 : 2002(1)ALD210; 2002(1)ALD(Cri)137; 2002(1)ALT611; 2002CriLJ1105
..... examiner of the department of prohibition & excise, the state also asserts that the 'black jaggery' is unfit for human consumption and has no other legitimate or established use other than for themanufacture of id liquor. the state clearly asserts that 'black jaggery' is possessed, transported and used exclusively for manufacture of id liquor and ..... at p 529) it is said that penal statutes must be construed strictly. in tuck v. priester, (1887) 19 qbd 629, which is followed in london and county commercial properties in vestments v. att. gen., (1953) 1 wlr 312, it is stated: we must be very careful in construing that section, because it imposes a penalty ..... for last ten years. he alleges that in september, 2000 respondents 7 and 9, the inspector and the sub-inspector of excise department, karimnagar, visited the shop of the petitioner and threatened him not to sell jaggery and alum. therefore, he apprehends that the respondents might prevent him from carrying on business. admittedly, no .....
Tag this Judgment!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 .....
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