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Judgment Search Results Home > Cases Phrase: the jharkhand agriculture university amendment act 2008 Court: andhra pradesh Page 1 of about 50 results (0.246 seconds)

May 01 2009 (HC)

Kommisetty Nammalwar and Co. Rep. by Its Proprietor Kommisetty Nammalw ...

Court : Andhra Pradesh

Reported in : 2009(4)ALT431:AIR2009NOC2482(A.P)(F.B).

..... there was a proviso to section 4a(2) which provided that out of the enclosures, buildings or localities declared to be market yards before the commencement of the bombay agricultural produce markets (amendment) act 1954, one shall be declared to be the principal market yard for the market area and others, if any, to be one or more sub-market yards for the area. ..... viewed from this cardinal principle of construction, it is evident that the purpose of the act to regulate activities in relation to specified agricultural produce in a market area is being defeated by the amending act. ..... section 4-b is a validating provision proceeding on the basis of curing the defects pointed out by the division bench of the high court in the dcm case through the medium of section 4-a and consequently validating all collections as if the same was authorised by the amending act and also removing the impediments of any judgment by a court to the contrary. ..... on 14-11-2008, a learned judge of this court made the following order:the question whether market fee can be levied on 'ghee' under the provisions of andhra pradesh (agricultural produce and live stock) markets act, 1966 was considered by this court in the earlier round of litigation and the entire batch of writ petitions was dismissed by a division bench. ..... university of kerala : (1969) 1 scr 317, 322 : air 1969 sc 198 at p.201, a.k. .....

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Apr 30 2007 (HC)

Ramvilas Bajaj Vs. Ashok Kumar and anr.

Court : Andhra Pradesh

Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)

..... : air1995sc1012 , while considering the effect of the amendment made to the land acquisition act 1894 by introducing section 23(1)(a) by the land acquisition (amendment) act 1984 on the cases which were pending reference before the reference court as on the date of commencement of the amendment act, held:a statute is regarded as retrospective if it operates on cases or facts coming into existence before its commencement in the sense that it affects, even if for the future only, the character or consequence of transactions previously entered into or all other past conduct. ..... before doing so, it is necessary to consider section 2 which provides that notwithstanding anything contained in any contract or in law for the time being in force the provisions of this act shall apply to all non-agricultural tenancies whether created before or after the date on which this act comes into force. ..... when the legislative intent is found specific mention and expression in the provisions of the act itself, the same cannot be whittled down or curtailed and rendered nugatory (bharathidasan university v. ..... state of rajasthan : [2003]2scr933 and state of jharkhand v. .....

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May 02 2008 (HC)

J. Sai Prasanna and ors. Vs. Medical Council of India Rep. by Its Secr ...

Court : Andhra Pradesh

Reported in : 2008(4)ALD484; 2008(3)ALT678

..... in case any such person obtains such qualification without obtaining such eligibility certificate, he shall not be eligible to appear in the screening test referred to in sub-section (4a):provided that an indian citizen who has acquired the medical qualification from foreign medical institution or has obtained admission in foreign medical institution before the commencement of the indian medical council (amendment) act, 2001 shall not be required to obtain eligibility certificate under this sub-section but, if he is qualified for admission ..... (a) the case of all persons who applied for registration to mci prior to 15.3.2001 shall be dealt with according to the provisions of the act as existing prior to the commencement of the imc (amendment) act, 2001 subject to the following:(i) those students who obtained degrees where the total duration of study in recognised institutions is less than six years (i.e. ..... if section 13(4a) is interpreted as grouping citizens with medical qualifications granted by foreign universities into two categories, same would be a case of under-inclusion if students such as petitioners before us are included from classification. ..... 483 and 4022 of 2008, which shall stand allowed accordingly. ..... 483 and 4022 of 2008 petitioners approached mci for provisional registration. .....

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Mar 26 2008 (HC)

Exotic Granite Exports Rep. by Its Managing Partner Sri. K. Ramachandr ...

Court : Andhra Pradesh

Reported in : 2009(5)ALT200

..... . to this list may be added the power to carry on trade or business as prescribed by the article 298, which was amended in its present form by the constitution (seventh amendment) act, 1956 ..... catchment;(b) whether the use of any forest land is for agricultural purposes or for the rehabilitation of persons displaced from their residences by reason of any river valley or hydro-electric project;(c) whether the state government or the union territory administration, as the case may be has certified that it has considered all other alternatives and that no other alternatives in the circumstances are feasible and that the required area is the minimum needed for the purpose; and(d) whether the state government or the union territory administration, as the ..... . no doubt, strong reliance was placed on the concept of useless formality whether in the realm of principles of natural justice on the decision in aligarh muslim university and ors. v ..... the 6th respondent is further advised to state that though the 'first come first serve' is the principle underlying behind grant of lease with regard to virgin land, it is not an absolute principle universally applicable and the same is subject to exceptions as set out in the very statutory scheme. .....

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Apr 02 2009 (HC)

M/s Pulp N'Pack Private Ltd., Tadimalla Nidadavote Mandal rep. by Its ...

Court : Andhra Pradesh

Reported in : (2009)23VST573(AP)

..... as there was no response from the revenue, the petitioner filed these writ petitions complaining of non-feasance on the part of the respondent authorities inasmuch as section 21(2) third proviso of the act of 1957 which applied to the deposits made by the petitioner under the act of 1957 and the said provision read with section 9(2) of the act of 1956 applied to the deposits made under the act of 1956, required the respondent authorities to refund the deposits within sixty days from the date of receipt of the order passed by the appellate authority allowing the appeals.6. ..... that the several orders dated 01.11.2008 (impugned in the writ petitions), passed by the 1st respondent invoking the power under section 33c of the act of 1957 (withholding the refund of the pre-deposit amounts), do not set out any or relevant reasons for exercise of the discretion and for arriving at the opinion that the grant of refund is likely to adversely affect the revenue and are therefore unsustainable.contentions by the learned amicus:sri s.r. ..... entry 65 enumerates a legislative field respecting conferral, withdrawal or amendment of jurisdiction and powers of all courts (except the supreme court) with respect to any of the matters in list-ii. ..... . minister of agriculture, fisheries and food (1968) ac 997 is a landmark decision .....

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Feb 08 2008 (HC)

E.P. Vinaya Sagar Vs. the Land Acquisition Officer-cum-revenue Divisio ...

Court : Andhra Pradesh

Reported in : 2008(4)ALD303; 2008(3)ALT92

..... case, reads as under:period within which an award shall be made: (1) the collector shall made an award under section 11 within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse:provided that in a case where the said declaration has been published before the commencement of the land acquisition (amendment) act, 1984 (68 of 1984), the award shall be made within a period of two years from such ..... the court also cannot overlook the multifold increase in the market value of the lands, a universal global phenomenon and the diminution of the rupee value over the years. ..... article 31(a2) gave a wider meaning to the word 'estate' to include any land, any jagir, inam or muafi or other similar grant, any land held by ryotwari settlement and any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans. .....

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Aug 16 2012 (HC)

The Government of Andhra Pradesh, Represented by Its Chief Secretary a ...

Court : Andhra Pradesh

..... and directions by the tribunal: (a) by the impugned order the tribunal reasoned (in its own phraseology) that the 2007 rules as amended by the ips (pay) amendment rules, 2008 (the 2008 rules) do not obviate compliance with the directives in prakash singh as regards the process of selection to be followed for appointment to the post of dgp (hopf); (b) that since the appointment of dinesh reddy as dgp (hopf) was made in transgression of the prakash singh directive, the appointment is unsustainable; (c) that pendency of appeals before the supreme court (preferred by the state against the yadav judgment) and ..... land reforms (ceiling on agricultural lands) act, 1973 is therefore unconstitutional to the extent of acquisition of lands coming within the purview of article 31a(1); and compensation cannot be paid in installments for lands acquired from a farmer, who holds lands below the ceiling limit and personally cultivates them. ..... as the eminent jurist aharon barak points out ( judicial discretion yale university press pg.9) discretion does not exist when the choice is between a lawful possibility and an unlawful possibility ..... such a proposition is productive of universal and unmitigated mischief and therefore does not merit acceptance. .....

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Dec 20 2007 (HC)

Model Financial Corporation, a Company Incorporated Under the Provisio ...

Court : Andhra Pradesh

Reported in : III(2008)BC526

..... under sub-section (3-a) of section 13 of the srfaesi act which was inserted by amendment act, 2004 with effect from 11th november, 2004, the secured creditor is bound to consider the objections raised by the borrower and in case the objections are not acceptable, the same shall be communicated within one week of receipt of the objections assigning the reasons for non-acceptance of the objections. ..... sri r.raghunandan, learned counsel representing the writ petitioners, had taken this court through the relevant provisions of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (hereinafter in short referred to as 'the act' for the purpose of convenience) and placed strong reliance on section 13(1) of the act and would maintain that agricultural lands would not fall within the purview of the act and, hence, the respondents cannot further proceed with the impugned action. ..... further, section 13(i) of the act excludes any security interest created on agricultural land from the provisions of the act and, once agricultural land is excluded from the provisions of the act, the provisions of the act would not apply in any manner and consequently the issuance of impugned notice under section 13(2) of the act is without jurisdiction and without any authority of law. .....

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Aug 13 2008 (HC)

B.F. Dittia S/O F.N. Ditya and ors. Vs. the Appropriate Authority, Inc ...

Court : Andhra Pradesh

Reported in : (2009)222CTR(AP)390; [2008]307ITR158(AP)

..... of two months from the end of the month in which the statement referred to in section 269uc in respect of such property is received by the appropriate authority:provided further that where the statement referred to in section 269uc in respect of any immovable property is received by the appropriate authority on or after the 1st day of june, 1993, the provisions of the first proviso shall have effect as if for the words 'two months', the words 'three months' has been substituted'the second proviso was inserted by finance act, 1993 with effect ..... he would submit that since the legislature, by an amendment which came into force with effect from 1.6.1993, had enlarged the period in section 269ud(1) from two months to three months, and as this court had passed judgment thereafter on 3.12.1997, it is the period prescribed pursuant to the amendment which would apply, and the department had three and odd months to pass final orders. ..... director of income tax (investigation) : [2002]257itr123(delhi) ; and bhavnagar university v. ..... state of rajasthan : [2003]2scr933 and state of jharkhand v. .....

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Feb 12 2014 (HC)

K. Nagaraja Rao, S/O.Padmanabha Rao, R/O Vs. the Authorised Officer, L ...

Court : Andhra Pradesh

..... sh which was later modified on 24.03.1976 as 13.3944sh; thereafter, the andhra pradesh land reforms (ceiling on agricultural holdings) amendment act, 1977 was enacted with retrospective effect from 01.01.1975; that the said act received the assent of the president of india on 29.04.1977 and the said assent was published on 30.04.1977 in the andhra pradesh gazette; section 4-a was introduced by the said amendment, apart from amendments to other sections; under section 7 (1) of act 10 of 1977, if there was a determination of the holding of a declarant under section 9 prior to 30.04.1977 and ..... the declarant is entitled to compensation for the tank bed in view of the directions given by the appellate tribunal in lra.no.2 of 1999; that when the matter went back to the primary tribunal, the primary tribunal without properly appreciating the effect of the order dt.05.02.1996 in lra.no.2 of 1990, order dt.17.9.2004 in lra.no.2 of 1999 and order dt.29.6.2006 in lra.no.1 of 2006 , perversely rejected the claim for compensation for the tank bed as per act 10 of 1977; that the order dt.09.05.2007 of the primary tribunal was erroneously confirmed in the order dt.20.11.2008 in lra.no.1 of 2007 by the ..... state of jharkhand and others4 and contended that orders of courts or tribunals which have attained finality and which have not been challenged, have to be complied with and their correctness cannot be examined in a subsequent proceeding before the same forum (appellate tribunal) but can only be .....

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