Court : Andhra Pradesh
Reported in : (1984)38CTR(AP)17; [1984]145ITR759(AP)
..... the above three passages from the judgment of the allahabad high court ( : [1966]60itr335(all) ) show that - (a) the allahabad high court followed the madras full bench : air1950mad444 ; (b) it also followed the other judgment of the punjab, madras, andhra pradesh and kerala high courts which followed the madras full bench; and (c) that the provisions of the madras abkari act and rules and those of the u.p. ..... what applies to the allahabad judgment applies equally to the judgments of the madras, andhra pradesh, kerala and earlier punjab cases referred to and followed ..... judgments (and particularly, the one reversing the allahabad view) and in view of the fact that the doctrine of implied overruling has already been applied on this very question by the madhya pradesh high court in daya bhai's case, : [1966]59itr364(mp) the patna high court in narpati's case : [1974]97itr645(patna) and the punjab high court in gian chand's case , we are of the view, respectfully agreeing with the said high courts, that the doctrine of implied overruling is applicable to the situation on hand, and .....
Tag this Judgment!Court : Andhra Pradesh
..... act, 1884; he has jurisdiction over both the left and right banks of the krishna river, and at the kc canal area etc; the power to permit opening of new ramps is conferred on the concerned assistant director of mines and geology having territorial jurisdiction under the rules, with the consent of river conservator who is concerned only with the course of the river, and the safety of the river banks; the impugned memo has been issued by way of a clarification explaining the jurisdiction of the concerned authority as per the rule itself; the ..... dated 20.06.2011 was in accordance with the business rules; the clarification given by the government, removing the confusion regarding the territorial jurisdiction of the concerned assistant director, cannot be faulted as it was exercised well within the powers vested with the government under the rules; the procedure enunciated in the business rules, though not statutory in nature, had been largely followed and implemented before passing the impugned orders; the concerned minister, in charge of the department, had approved the clarification issued by the government; and, as such, there ..... learned senior counsel would place reliance on punjab land development and reclamation corporation ltd. ..... (punjab land development and reclamation corpn. ..... (pune municipal corpn.36; state of punjab v. ..... punjab national bank25; shiv shakti coop. .....
Tag this Judgment!Court : Andhra Pradesh
..... act, 1884; he has jurisdiction over both the left and right banks of the krishna river, and at the kc canal area etc; the power to permit opening of new ramps is conferred on the concerned assistant director of mines and geology having territorial jurisdiction under the rules, with the consent of river conservator who is concerned only with the course of the river, and the safety of the river banks; the impugned memo has been issued by way of a clarification explaining the jurisdiction of the concerned authority as per the rule itself; the ..... dated 20.06.2011 was in accordance with the business rules; the clarification given by the government, removing the confusion regarding the territorial jurisdiction of the concerned assistant director, cannot be faulted as it was exercised well within the powers vested with the government under the rules; the procedure enunciated in the business rules, though not statutory in nature, had been largely followed and implemented before passing the impugned orders; the concerned minister, in charge of the department, had approved the clarification issued by the government; and, as such, there ..... learned senior counsel would place reliance on punjab land development and reclamation corporation ltd. ..... (punjab land development and reclamation corpn. ..... (pune municipal corpn.36; state of punjab v. ..... punjab national bank25; shiv shakti coop. .....
Tag this Judgment!Court : Andhra Pradesh
..... of the arbitrator; the petitioners, having followed the challenge procedure prescribed under section 13 of the act, are not entitled to maintain an application under section 14 of the act on the self-same grounds; the act was enacted keeping in view the uncitral model law; the remedy provided under section 13(5) of the act, against an unsuccessful challenge to the arbitrator, is to raise the ground of alleged bias while challenging the award in a petition under section 34 of the act; section 5 of the act specifically prohibits intervention of a judicial authority, except where so provided in part-i of the act; the remedy under section 14 of the act is not analogous to the remedy ..... (supra), the punjab and haryana high court held that it would be futile to go through the whole exercise of arbitration proceedings leading to the final award, and then challenging it under section 34 of the act; on the contrary, if the arbitrator becomes de jure unable to perform his functions, then his mandate is liable to be terminated under section 14 of the act; in the instant case, the arbitrator became de jure unable to perform his functions because of his being a director of the first respondent, which fact was not earlier known to the petitioner; and, consequently .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALD500; 2006(6)ALT771
..... rendered void, in consequence of or by a decision of a court of law and the authority competent to impose the penalty, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the government servant shall be deemed to have been placed under suspension by the authority competent to impose the suspension from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under ..... recorded by it in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these rules, or(iii) where the governor is satisfied that in the interest of the security of the state, it is not expedient to hold any inquiry in the manner provided in these rules.the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit:provided that the commission shall be consulted, where such consultation is necessary, before any orders are made ..... the appellate court admits the appeal filed in challenge of the conviction and sentence for the offence under the pc act, the superior court should normally suspend the sentence of imprisonment until disposal of the appeal, because refusal thereof would render the very appeal otiose such appeal could be heard soon after the filing of the ..... 1993(41)ecc326 and punjab land development and ..... ; state of punjab v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(5)ALD500; 2003(2)ALT(Cri)510
..... can be ascertained from the prisoners register maintained at the central prison, secunderabad, and if the respondents had executed the warrants immediately after the judgment of the court on 10-3-1969 both the petitioners could have availed the benefits available to juvenile prisoners such as borstal schools as they were minors at the time the judgment was rendered by the high court, however the respondents did not choose to issue warrants to execute the orders of the high court for reasons best known to them and the same was executed on 16-12-1983 ..... fort, delhi, convicted the petitioner for offences under section 3, read with section 6, of the explosive substances act, under section 4(b) and section 5 thereof; and for murder under section 302, read with section 109, of the indian penal code; for the first two offences he was sentenced to seven years' rigorous imprisonment and five years' rigorous imprisonment respectively and for the third offence to transportation for life and all the sentences were directed to run ..... after conviction he was imprisoned in jails in the state of punjab till may 19, 1950 and thereafter he was transferred to nasik road central prison in the state of bombay (now maharashtra). .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1970AP180
..... thus, we have to doubt whatever that there is no similarity between the members and the sarpanch, in relation to the affairs of the gram panchayat; that the sarpanch play a more vital role than the members in the administration of the gram panchayat, and that, therefore, the distinction therein between the members on the one hand and the sarpanch on the other, under section 16 to 25 of the act, is based upon valid classification, which has a crucial bearing on the object of sound panchayat administration, which the act seeks to achieve. 35. ..... in : [1965]2scr858 , one section of the punjab municipalities act was struck down, as violative of art. ..... 50 (1) (h) and (4) of the madras local boards act, 1920 held that--- 'the question whether the president of the board has or has not reported the failure of the member to attend the meeting of the board, cannot affect the question whether the member had or had not ceased to be a member of the board. ..... sub-section 91) requires him to make arrangements for the election of the upa-sarpanch and to converted the meetings of the gram panchayat, and empowers him to have full access to the records of the gram panchayat, to exercise administrative control over the executive officer and to exercise all the powers and perform all the functions conferred on him by the act and the rules. ..... muthuvelu, air 1926 mad 877, a division bench of the madras high court construing sec. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD(Cri)410; 2004CriLJ1263
..... under section 8 of that act, inter alia, an adolescent offender can be directed to be detained in the borstal school for a term which shall not be less than two years and shall not exceed five years, but, in the case, extending beyond the date on which the adolescent offender will in the opinion of the court, attains the age of 23 years.37c. ..... hence, the impugned judgment of the trial court, as also the conviction and the detention of the accused in the borstal school ordered thereby are all valid and legal and do not suffer from any factual, legal or inherent illegality or infirmity so as to warrant this appellate court, to interfere therewith on any such ground or grounds.41. ..... the provisions of the juvenile justice (care and protection of children) act,2000, have no application, whatsoever, to the case on hand and the accused, because, that act came into legal force on 28-2-2001, while the alleged offence by the accused is proved to have been committed on 18-1-2001, i.e. ..... hence, the provisions of that act have no application to the case on hand, and, hence, the accused cannot claim the benefits, if any, under any of the provisions of that act also.35. ..... having regard to the facts and circumstances of the case, i am not inclined to apply to the case on hand, the provisions either of section 3 or 4 of the probation of offenders act, 1958 or section 360 of cr.p.c. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1990ACJ668; AIR1989AP235
..... earlier to the police act, 1964, by virtue of the crown proceedings act, 1947 the very rigour of the maxim the king cando no wrong and therefore no action could lay against the sovereign personally was diluted since the act intended to make the crown liable in tort in the same way as a private person and dispensed with the then existing procedure of making a petition of right to the attorney general for grant of a fiat so as to sue the crown.32. ..... deciding the question, the house of lords observed that the taking by the trainees of the nearby yacht and the causing of damages to the other yacht belonging to the respondents ought to have been foreseen by the borstal officers as likely to occur if they failed to exercise proper control or supervision. ..... if this is the correct, probable or even equally possible, interpretation of thelanguage of column 1 of article 2, limitationact, the breach or failure by local body which it was enjoined by section 132, punjab municipalact, to perform could not necessarily or in any case reasonably fall within the ambit of this article'.the learned judge was thus of the opinion that unless the omission is in pursuance of an enactment. ..... this decision has been :approved by the supreme court in state of punjab v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1994CriLJ3830
..... having, regard to the absence of any provision providing for appeal in the earlier acts of 1926 and 1952, the decisions (supra 1 and 2) referred to by the learned counsel, considered the appealability of the orders under clause 15 ..... either in the contempt of courts act, 1926 or in the contempt of courts act, 1952, no provision similar to section 19 of act 70 of 1971 was incorporated ..... the learned judges rejected the said contention holding that the provisions of letters patent are declared by clause 37 therein (clause 44 of madras letters patent) to be subject to the legislative power of the governor general-in-council and also governor-in-council under the government of india act, 1915 and that the legislature having enacted the arbitration act providing for appeals in certain contingencies will prevail over clause 10 of the letters ..... madras, 1991 cri lj 3026 brought to our notice by the learned counsel appearing for the contesting respondents appears to hold that the applicant whose application filed for punishing the contemnor under the contempt of courts act, is dismissed, can have recourse for filing an appeal under clause 15 of the letters patent (madras), even though no appeal lies under ..... in the said case, an application was filed in the punjab and haryana high court for punishing the respondent therein for ..... amounts to criminal contempt, he filed an application before the punjab and haryana high court for punishing the respondent therein for the alleged criminal contempt. .....
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