Court : Andhra Pradesh
Reported in : 2005(2)ALD603; 2005(2)ALT637; (2005)IILLJ768AP
..... reports that they have taken into consideration the revised opinion of the government examiner of questioned documents without examining the said witness in the inquiry and without affording an opportunity to the applicant to cross-examine him and they have also come to the conclusions on the basis of the previous statements given by the witnesses though the witnesses have not supported the previous statements given by them in the absence of the applicant, and even clarified the circumstances under which the said previous statements were given by them ..... state of himachal pradesh, : (1983)iillj1sc , bharat iron works v. ..... while assessing the evidence of the witnesses, the inquiry officer ought to have taken into consideration the answers given by the witnesses in their cross-examination and the clarifications given by them, instead of acting upon the evidence given by the witnesses in their chief examination and in their previous statements. ..... the commissioner of police, : (1999)illj604sc , yoginath d. ..... in the words of lord haltom in chief constable of the north wales police v. ..... commissioner of police, : (1999)illj604sc .14. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1987)63CTR(AP)148; [1987]168ITR17(AP)
..... governor of himachal pradesh v. ..... governor of himachal pradesh v. ..... governor of himachal pradesh v. ..... in the assessment proceedings, the question arose, in which year did the capital gain arise in other words, the question was whether the land must be deemed to have vested in the state on march 25, 1970, when the possession was taken with the consent of the landlord or on march 22, 1971, when the award was passed the tribunal took the view that the vesting is on the date of the passing of the award, i.e. ..... the tribunal has stated the following question for our opinion under section 256(1) of the income-tax act, 1961 : 'whether, on the facts and in the circumstances of the case, the transfer giving rise to the liability to capital gains tax arose on march 25, 1970, when possession of the assessee's lands was handed over to the town planning trust, visakhapatnam, or the transfer took place on march 22, 1971, when the award was passed by the land acquisition officer, visakhapatnam ?' 2. ..... vasireddy rama bhanu bhupal, : air1970ap262 , the full bench of this court while considering the issue of payment of interest from the date of taking possession highlighted the vital distinction between the factum of taking possession and taking possession pursuant to section 16 or section 17 of the act and held that the payment of interest can be directed from the date of taking possession though such possession is taken under the provisions of the act. 18. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2001)ACC152; I(2002)ACC485; 2002ACJ485; 2001(3)ALD389; 2001(4)ALT178
..... devi, 2000 acj 1016, a division bench of the himachal pradesh high court, while dealing with the expression, 'persons travelling along with the goods' under the provisions of the new act prior to the amending act 54 of 1994, after elaborate consideration of section 95 of the act, held that insurance company is liable to pay compensation in respect of the persons who are travelling along with the goods. ..... the aforementioned observations of the himachal pradesh high court quoted supra lends support to the view taken by me in this case ..... is in furtherance of this object, chapters x, xi and xii in the new act have been rationalised to safeguard the interests of the victims of the road accidents; the limitations prescribed in the old act have been removed while enacting the new act and the burden of proof to prove the rash and negligent part of the accident, which was placed on the victim in the old act, was shifted to the respondents as per the provisions of section 163-a of the new act. ..... on the other hand, it is contended by the learned counsel for the respondents/ claimants that the scheme of the new act is, inter alia, to provide enhanced compensation to the victims of the road accidents and to enlarge the limit of liability of the insurer and having regard to the scheme of the new act, the words 'any person', if interpreted harmoniously in tune with the true intent and object of the legislature, 'owner of the goods' shall be brought within the ambit of the expression 'any person .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1978CriLJ53
..... state of himachal pradesh : 1973crilj593 is another case under the act where a request was made for the application of the provisions of probation of offenders act. ..... in view of the above object of the act and the intention of the legislature as revealed by the fact that a minimum sentence of ' imprisonment for a period of six months and a fine of rupees one thousand has been prescribed the courts should not lightly resort to the provisions of the probation of offenders act in the case of persons above 21 years of age found guilty of offence under the prevention of food adulteration act.11. ..... this were borne in mind it would be clear that the, age referred to by the opening words of section 6(1) should, be that when the court is dealing with the offender, that being 'the point1 of time when the court has to choose between the two alternatives which the act in supersession of the normal penal law vests in it, viz. ..... 19 of cri lj) ?it may be pointed out that the law commission also in its forty seventh report recommended the exclusion of applicability of the prpbationary process in case of social and economic , offences and presumably in response to this recommendation, the, legislature has recently amended the, prevention of food adulteration act, 1954 by introducing section 20-aa providing that nothing -contained in the probation of offenders, act, 1958 or section 360 of the code of criminal procedure, 1973 shall apply to & person convicted of an offence under the act unless that . .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(4)ALD315; 2008(4)ALT240
..... the act received the presidential assent on 10.01.2007 and in terms of section 4(i) of the act, on and from the commencement of the act, the society known as the central institute of english and foreign languages, hyderabad, shall be dissolved and all properties, moveable and immovable, and all rights, powers and privileges of the said society shall be transferred to and vest in the university and shall be applied to the objects and purposes for which the university is established. ..... (1988) 2 scc 433 and state of himachal pradesh v. ..... the facts of the said case reveal that the osmania university was established in the year 1918 and consequent on the telangana region becoming part of the state of andhra pradesh, the andhra pradesh state legislature passed the osmania university act, 1959. ..... but the andhra pradesh state legislature passed the osmania university (amendment) act, 1966 amending the osmania university act, 1959. ..... under section 10, the governor of state of andhra pradesh shall be the chief rector of the university. ..... state of andhra pradesh 1985(1) scc 523 the supreme court held as under:the legislature, as a body, cannot be accused of having passed a law for extraneous purpose. ..... state of uttar pradesh and anr. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(3)ALT544
..... consequently, therefore, the supreme court agreed and confirmed the view of the jharkhand high court while reversing the decision of the himachal pradesh high court and allowed the appeal of the union of india.15. ..... along with the counter affidavit the first respondent has filed a copy of the letter of the superintendent of police, prakasam district, ongole, addressed to the secretary to the government, legislative affairs and justice, home (courts c) department, government of andhra pradesh bearing c. no. ..... (maoist) party were denied and it is asserted that even if her husband might have appeared in some bail applications, petitioner herself has not appeared in a single case.the said reply affidavit also points out the variance between the reply given to her under the right to information act and the counter affidavit and it is asserted that the petitioner was issued passport after due verification of antecedents in november 2007 and as such, the present antecedents report of 08.05.2008 cannot be true.7. ..... we do not have the slightest doubt that the whole business of seeking police reports, about the political faith, belief and association and the past political activity of a candidate for public employment is repugnant to the basic rights guaranteed by the constitution and entirely misplaced in a democratic republic dedicated to the ideals set forth in the preamble of the constitution. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1975AP50
..... but on 24-12-1971 the government of andhra pradesh issued the following memorandum to the inspector general of police; 'the attention of the inspector general of police is invited to the reterence cited and he is informed that sale of lottery tickets of other states in this state is unlawful under the provisions of the andhra pradesh lotteries act, 1968 and action under section 3 of the said act can straightway be taken in such cases. ..... pleader argued that under article 73 of the constitution the executive power of the union extended to matters with respect to which parliament had power to make laws and, therefore, the executive power of the union extended to the organisation of lotteries by the government of india or by the government of a state, since article 258 of the constitution provided for the conditional or unconditional entrustment to the government of a state or to its officers functions in relation to any matter to which the exe-tive power of the union extended, the government of a state could lawfully organise a lottery ..... the petitioners are agents of the government of the states of assam, bihar, haryana, himachal pradesh, kerala, madhya pradesh, mysore, tamil nadu, rajasthan and uttar pradesh for the sale of tickets, in andhra pradesh, of lotteries conducted by these governments. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1988(37)ELT25(AP)
..... kashmir could be investigated by an officer in charge of a police station in the himachal pradesh, it was further held :-'the provisions regarding search and seizure by the indian police are contained in sections 451, 96, 98 and 165 of the code of criminal procedure, 1898; none of these sections had any application to the facts and circumstances of the case.any seizure of by the indian police of any property of a citizen hot sanctioned under the law stated above or under any other law infringes the fundamental rights of the citizen guaranteed under article 19 and article ..... for majority, the supreme court held that the notification issued by the president entrusting the consent of the state government of bombay, to the commissioners of divisions in the state of bombay the functions of the central government under the land acquisition act, 1894 is relation to the acquisition of land for the purposes of the union within the limits of the territorial jurisdiction of the state commissioners, subject to the said control by the government of bombay as it exercised in relation to the acquisition of land for the purposes of the state, was valid. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993CriLJ3508
..... when the matters came up for consideration of the objections raised by the registry, a learned single judge on 15-12-1992, after noticing the legal position that the himachal pradesh high court in mohanlal v. ..... a full bench of the himachal pradesh high court in mohanlal's case (supra) has considered an identical question. ..... bhagiratha rao, learned public prosecutor, has contended that it is salutary practice to insist upon the requirement of moving the court of session, in the first instance; it is easier for the public prosecutor representing the state at the sessions court level to obtain, without any loss of time, instructions from the concerned authority, and from the point of view of the party such a course would be more convenient (due to factors like proximity of the forum and easy availability of counsel) and less expensive. ..... in respect of a person in custody already the appropriate magistrate has passed an order under section 167 authorising his custody (either judicial or police custody) after applying his mind by examining copies of entries in the diary submitted by the concerned police officer. ..... it is one thing to decide what is the true meaning of the language contained in an act of parliament. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2001]124STC186(AP)
..... this case the appellant before the apex court challenged the vires of section 12-a of the himachal pradesh general sales tax act, 1968 and rule 31-a of the himachal pradesh general sales tax rules, 1970 before the high court. ..... petitions are filed by the petitioners praying for the issue of a writ of mandamus declaring the inclusion of 'works contractor' in the definition of 'dealer' in section 2(1)(e) of the andhra pradesh general sales tax act, 1957 (hereinafter referred to as 'the act') and consequent application of the amended provisions of sections 5-f, 5-g and 5-h of the said act to the petitioners, who are works contractors as illegal, arbitrary, unwarranted, null and void and consequently direct the respondents to refund to the petitioners the sales tax amounts already collected from them in respect of the contract work done by ..... the apex court reversed the judgment of the high court of himachal pradesh ..... the object of the provision is to meet the tax in respect of the transactions on all works contract on the valuable consideration payable for the transfer of property in goods involved in the execution of the works contract, the effect of the provision is that, irrespective of whether the sales are inter-state sales or outside sales or export sales which are outside the purview of the state act and those transactions in respect of which no tax can be levied even in terms of the enactment itself, such deductions have to be made in the bills or invoices of the contractors .....
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