Court : Andhra Pradesh
Reported in : 1995(3)ALT228
..... there the cause for the petitioner to approach the supreme court under article 32 of the constitution of india, was the nationalisation of the petitioner's textile undertaking under the sick textile undertakings (nationalization) act, 1974. from the above it can dearly be seen that the constitutional validity of section 4 of the constitution (forty-second ..... of article 31-c of the constitution of india. the question that arose for consideration of the supreme court, was whether the coking coal mines (nationalisation) act, 1972 was entitled to the protection of article 31-c of the constitution. we may note here that the protection of article 31-c was ..... amendment) act, 1976 was considered by the supreme court in minerva mills case (2 supra), and the court pronounced upon that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD599; 2004(3)ALT17; (2004)IILLJ581AP; [2004]55SCL459(AP)
..... 3. the government of andhra pradesh used to release the share capital every year and in addition thereto, the corporation used to borrow loans from nationalised banks to meet its financial requirements. the nabard refinanced the said loans borrowed by the corporation from the commercial banks. the refinance facility by nabard ..... cadre strength of the 3rd respondent corporation should be fixed as 404 employees. the matter was placed before the cabinet sub-committee on public sector undertakings and the cabinet sub-committee in its meeting held on 22-9-2001, having considered the manpower study of the corporation concurred with the ..... information, approve plans, budgets, foreign collaborations, new business and activity, new projects over and above the limits specified by the government. further the following powers/acts are vested only in the government to approve the staffing pattern, rules for recruitment, promotions, pay scales, allowances and all other payments.'5. the government .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALD63
..... being put to use in manufacture of intoxicant. it is for these reasons that in ganesh trader's case (supra), the state government was directed to undertake necessary measures providing for description, character and composition of a commodity involved therein through a proper instrument, before a punitive action could undertaken thereon. such ..... was not sufficient to penalize the writ petitioners. the learned single judge then gave some hypothetical examples of the possible misuse of the provisions of the act and held that the crimes registered against the petitioners were not sustainable. in our opinion, without recording a specific finding that the contents of the ..... authority and the fact that the occupants of the vehicles could not produce way bill etc., prima facie establish contravention of section 13(f) of the act and, therefore, the excise authorities concerned did not commit any illegality by registering cases against the firm, its proprietor and owner of the tanker. learned .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(2)ALT710
..... the respondent or their money value. on that question, the learned single judge directed plaintiff to furnish security by way of an f.d.r., from a nationalised bank in the name of the registrar of the court. this was confirmed by division bench. before the supreme court, it was urged that section 144 ..... of the goods is realized by competent authority by selling goods/things/vehicles confiscated in accordance with the power conferred on such authority. that excise act and prohibition act confer power on authorized officer to confiscate money value of excise contraband or vehicle involved in excise offence, it becomes clear by some of provisions in ..... proceedings against accused and the result of criminal proceedings as acquittal or conviction will have no bearing on the order of confiscation passed under the excise act or prohibition act when the vehicle is seized. if it is subsequently released by reason of an order passed by deputy commissioner during pendency of confiscation proceedings or .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2010(174)LC169(AP)
..... that tribunal functions within the limits of its authority and that its decisions do not occasion miscarriage of justice.(v) the courts cannot be called upon to undertake the government duties and functions. the court shall not ordinarily interfere with a policy decision of the state. social and economic belief of a judge should not ..... , rule 6 contains principles that govern investigations, rule 12 speaks of recording preliminary findings and rule 17 deals with recording of final findings by da.precedents14. in rajasthan textile mills association v. director general of anti-dumping 2002 (149) e.l.t. 45 (raj.), petitioner assailed initiation notification concerning imports of polyester staple fiber (psf) ..... as under.it is well settled that a question as to when a manufacture of product takes place within the meaning of section 2(f) of the act (central excise act, 1944) is mixed question of law and fact. the nature and the extent of processes may vary from case to case. when a change takes .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD408; 2002(1)ALT241
..... g. income-tax appellate tribunal, railway claims tribunal, l.i.c., tribunal, tribunal under the coking coal mines (nationalisation) act, coal mines (nationalisation) act, 1973 tribunal under waste lands (claims) act, drugs act and companies act. in relation to constitution of various tribunals, qualifications of the members or the presiding officer had been prescribed statutorily. ..... the average age is relatively high, a reflection of the fact that it is often only such people who can afford the time to undertake the task. the social background tends to be middle class, with an under representation of less privileged or ethnic groups. how far this actually ..... it has been constitutedfor the purpose of adjudicating disputes in respect of matters relating to state public service of government of andhra pradesh. the said act provides for a supplemental forum for resolution of service disputes.19. constitution of tribunals by itself cannot be questioned on the ground of legislative incompetence .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP413; 1996(2)ALT757; [1999]96CompCas645b(AP)
..... bank of india, established under the industrial development bank act, 1964 (18 of 1964); (c) the life insurance corporation of india, established under the life insurance corporation act, 1956 (31 of 1956); (d) the general insurance corporation of india constituted under the general insurance corporation (nationalisation) act, 1972 (57 of 1972); (e) the unit ..... member of a stock exchange if- (i) such company is formed in compliance with the provisions of section 12 of the said act; (ii) such company undertakes to comply with such financial requirements and norms as may be specified by the securities and exchange board of india for the registration of ..... means everybody which is created by statute -- and whose powers and duties are defined by statute. so government departments, local authorities, police authorities, and statutory undertakings and corporations, are all 'public authorities'. but there is no such limitation for our high courts to issue the writ 'in the nature of mandamus'. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(3)ALD752; 2008(3)ALT336
..... of acquisition is in connection with the formation of orr.56. the first limb of the argument of sri challa sita ramaiah is that section 13(3) of the 1975 act prohibits undertaking or carrying out of any development of land by the authority in any area, which is not a development area. he laid emphasis on the definition 'development' in ..... the petitioners' lands is found inevitable. on this premises, i am of the view that the provisions of section 13(3) of the 1975 act do not come in the way of the respondents to undertake or carryout the work of execution of the orr.58. let me now consider the second limb of the argument of sri challa sita ramaiah ..... in this state, they may, by notification, declare such urban area or group of urban areas to be development area for the purposes of this act. under sub-section (3), the authority is barred from undertaking or carrying out any development of land in any area, which is not a development area, except to the extent it was otherwise provided in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(5)ALD372; 2008(5)ALT115
..... delivery system and is based on a ratio in nawal singh. they sustain second proviso saying that even while applying it, the high court is undertaking assessment and evaluation of the record of judicial officer. we are not impressed with such submission of respondents as no material by way of guidelines laid ..... are grouped together from others. the latter requires the state to substantiate that differentia has rational relation to the object sought to be achieved by the act.parent act inter alia applies to all persons appointed to public services and posts in connection with the affairs of the state (sub-section (2) of section ..... tends to diminish their role in democracy is criminal contempt. their impeachment procedure is impossibly cumbersome. even the subordinate judiciary enjoys independence without which they cannot act impartially. though their conduct is regulated by statutory rules and they are subject to control of high court, independence of subordinate judiciary is recognised by the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)
..... . in r.c. cooper v. union of india, : [1970]3scr530 the supreme court was required to consider the challenge to the validity of the banking companies (acquisition and transfer of undertakings) act, 1969. the petitioners challenged the legislation inter alia on the ground that while the parliament had legislative competence in respect of banking as defined under section 5(b) of the ..... banks and any subsidiary banks); and(c) certain classes of co-operative banks.32. all the provisions of the 1949 act except those specified in section 56 apply to all non-nationalised banking companies. only some of the provisions apply to nationalised banks. insofar as the co-operative banks are concerned on an integrated analysis of the provisions of the section 3 and .....
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