Court : Andhra Pradesh
Reported in : 1999(1)ALD661; 1999(1)ALT666
..... (agricultural produce and livestock) markets act, 1966, as seen from the statement of objects and reasons of the act, is to consolidate and amend the law relating to the regulation of purchase and sale of agricultural produce, livestock and products of livestock and the establishment of markets in connection therewith. ..... they are extracted hereunder:'(i) acquisition of site for the market; (ii) establishment, maintenance and improvement of the market; (iii) construction and maintenance of buildings necessary for the market and for the health, convenience and safety of the persons, using the market and maintenance of buildings under the control of the market committee; (iv) provision and maintenance of standard weights and measures; (v) pay, pensions, leave allowance, gratuities, compassionate allowances and contribution towards leave allowances, pensions or provident fund of officers and servants employed by the market committee; (vi) payment of interest on loans that may be raised .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(1)ALT549; II(1991)DMC340
..... sub-section (2) of section 301 of the code of criminal procedure provides ;'(2) if in any such case any private person instructs a pleader to prosecute any person in any court, the public prosecutor or assistant public prosecutor incharge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under the directions of the public prosecutor or assistant public prosecutor, and may with the permission of the court, submit written arguments after the evidence is closed in the case'.5. ..... in this case since both the cases are clubbed together and if the public prosecutor conducts the prosecution any counsel engaged by the complainant can only act under the directions of the public prosecutor and naturally he cannot cross-examine the witnesses examined by the public prosecutor on behalf of the prosecution. ..... on a report given by the petitioner the police have registered a case against the accused under sections 306, 323 and 498a of the indian penal code and section 3(1) of the dowry prohibition act and after investigation of the case, charge sheet was filed. ..... it is further pointed out that so long as a private counsel acts under the guidance and control of the public prosecutor, he is entitled to do so under the provision of section 493 of the cr. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(2)ALT7
..... according to the board's standing counsel, under section 42 of the electricity supply act, the board has power which the telegraphic authority possess under part iii of the indian telegraphic act for placing any wires, poles, wall-brackets, stays, apparatus and appliances for the transmission and distribution of electricity, or for the transmission of telegraphic or telephonic communications necessary for the proper coordination of the works of the board. ..... by virtue of section 42 of the electricity supply act vesting in the board the power possessed by the telegraphic authority, the board for the limited purpose of erecting a transmission line is not obliged to acquire any land belonging to any person notwithstanding the provisions of sections 12, 16, 18 and 19 of the indian electricity act. ..... 1.08 cents which is being used for agricultural purposes for several years, filed this writ petition stating that without any notice and without recourse to the provisions of the land acquisition act, the action of the authorities is illegal and the said communication is unsustainable in law. 3. ..... when the board has got ample power to lay the lines for public purpose and in public interest without recourse to the provisions of the land acquisition act the petitioner has no right to question the same in writ proceedings under article 226 of the constitution. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1988AP2
..... where the statutory procedure laid down in the children act, 1948 regarding child care had not been followed, the procedure being that a written objection to the resolution passed by the municipal corporation should be received within the statutory limit from the mother of the child, but the corporation led the mother and her solicitor to believe that ii was unnecessary ..... the indian medical council, an expert body, was constituted under the indian medical council act, 1'956 to control the minimum standards of the medical education and regulate their observance ..... course should have passed 2 years intermediate examination (10 plus 2 pattern) with physic-chemistry and biology as optional (subjects) which shall include a practical test in each abject;orany other examination of 10 + 2 pattern recognised by the universities in andhra pradesh or board of intermediate education, andhra pradesh, as the case may be as equivalent to the above examination with physics, chemistry and biology as optional objects, which she include a practical test each of these subjects. ..... 825 of 1985 dated 3.10-85 (raghuvir, acting chief justice and rama rao, j ..... 3684 of 1980 and batch, nor the division bench which decided w.a.825 of 1985 has considered this question: the question has neither arisen nor argued ..... 3-10-1985 and w. p ..... 29-5-1985 by the state government in exercise of powers conferred by s ..... /- 3-10.1985 held that prescribing age limit for admission o medical course was valid. 4 ..... a.825 of 1985 dt. ..... 29-5-1985. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(2)ALD250
..... in the later decision the full bench of this court elaborately considered the effect of section 21-a of the banking regulation act vis-a-vis the provisions of the usurious loans act and the agriculturists relief act and held that after the introduction of section 21-a of the banking regulation act, 1949 by amending act 1 of 1984 the courts have no power to scale down the interest in respect of the debts due to the banks. ..... the learned counselhowever sought to contend that money lending and relief of agricultural indebtedness falling under entry 30 of list ii of vjith schedule of the constitution are within the exclusive domain of the state legislature and that the banking regulation act, which is a central legislation, cannot intrude into the field of the stale legislature and as such section 21-a of the banking regulation act cannot make inroads into the powers of the state legislature and the same cannot, therefore, be applied to agricultural loans coming within the purview of act 4 of 1938. ..... it was further held that section 21-a of the banking regulation act applies to all transactions entered into between the banking company and its debtor whether the transaction was entered into prior to its commencement or after and that section 21-a applies to pending appeals irrespective of the fact whether the decree was passed giving relief to the debtor or not. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1988]68STC80(AP)
..... , revenue department, dated 22nd august, 1986 is ultra vires of the andhra pradesh general sales tax act, 1957 and act 18 of 1985 and section 6 of the constitution (46th amendment) act, 1982 and to strike down the same. ..... lakhs and below from the payment of sales tax for the period prior to 2nd february, 1983 waiving the condition of discharge of burden of proving non-collection of tax on their supplied under section 38 of the validation and exemption of the andhra pradesh general sales tax (amendment) act, 1985. ..... of 1984 wherein the petitioner's claim for deduction of sales tax liability on mercantile system of accounting was upheld with the observation that if eventually it is held that the assessee is not bound to pay the whole or any part of the above sales tax provided in its accounts, it would be open to the authorities to tax the extent of sales tax ceasing as a liability under section 41 of the income-tax act, 1961. ..... , who will communicate the same to the concerned income-tax officer for the purpose of ensuring the assessment of the sum under section 41 of the income-tax act in the relevant assessment. 10. ..... lakhs; provided that such hoteliers file an affidavit to the effect that they had not collected tax on supplies during the period prior to 2nd february, 1983 and had not also claimed the sales tax payable as a deduction in the relevant income-tax proceedings, whether at the assessment stage by making a provision in the books of account or otherwise at the appellate stage. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(7)ALT702
..... the meaning of 'banking company' as defined in section 5(c) of the banking regulation act, 1949 (br act) . ..... in greater bombay co-op bank's case, cited supra the apex court at paras 69 and 70 observed:for the reasons stated above and adopting pervasive and meaningful interpretation of the provisions of the relevant statues and entries 43,44 and 45 of list i and entry 32 of list ii of the seventh schedule of the constitution we answer the reference as under:co-operative banks established under the maharashtra co-operative societies act, 1960 (mcs act, 1960) the andhra pradesh co-operative societies act, 1964 (apcs act, 1964) and the multi-state cooperative societies act, 2002 (mscs act, 2002) transacting the business of banking, do not fall within .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD406
..... these reasons, i allow this appeal and acquit all the accused of the offences under sections 8(c) and 22 of the narcotic drugs and psychotropic substances act, however, accused no.l is convicted under section 37-a of the andhra pradesh excise act and he is sentenced to one year rigorous ..... it necessary to observe that the learned judges who are trying the offences such as offences under narcotic drugs and psychotropic substances act where the minimum punishment prescribed is 10 years imprisonment and where the punishment could go up to 20 years imprisonment with heavy fine, the judges should be careful and cautious while convicting the persons. ..... all the accused for the offences under sections 8(c) and 22 of the narcotic drugs and psychotropic substances act, i feel that the accused no.1 should have been convicted under section 37-a of the andhra pradesh excise act.11. ..... the magistrate took steps to transfer the case to the special court and thespecial court tried the accused under the provisions of narcotic drugs and psychotropic substances act ..... on examining the first argument it appears, when the case was registered under the provisions of andhra pradesh excise act a second sample was sought to be sent for analysis in terms of rule 24 of the andhra pradesh excise (arrack and toddy licence general conditions ..... been filed on behalf of 22 accused persons who were convicted in cc no.4 of 1994 under section 8(c) read with section 22 of the narcotic drugs and psychotropic substances act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(2)ALD222; 1998(1)ALT799
..... be taken into consideration because the tenant has not acquired the alternative premises of his own and secondly the benarni transaction is prohibited under the benami transactions (prohibition) act, 1988 and under the provisions of the said act, the tenant has no right to say that though the property purchased in the name of his wife, the property belongs to him; such defence is not available to the tenant though the transaction is held to be benami, the wife of the tenant has become absolute owner of the said property and therefore the tenant cannot recover possession ..... from his own wife and therefore it must be held that the ..... an agreement to slay separatelyhas been brought into existence only to evade the provisions of the rent control act and only to harass (he landlords in not handing over (he possession of the petition schedule premises.6. ..... ranjii kaiir, 1985 (1) all india rcj 250.12. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(1)ALT5
..... not be used as an evidence until one attesting witness atleast has been called for the purpose of proving its execution ; that the said provision prescribes the requirements and the nature of proof which must be satisfied by the party who relies on such a document in a court of law ; that the question as to whether the will set up by the epropounder is proved to be the last will of the testator has to be decided in the light of sections 67 and 68 of the evidence act and sections 59 and 63 of the indian succession act and that the will has to be proved like any other document except ..... the learned counsel also argued that the plaintiff, who is the propounder of the will, having been in custody of the document, the production of the will six months after the testator's death constitutes a suspicious circumstance. ..... a.13, which is the decision of the learned rent controller, secunderadad in r.c. no. ..... , 1985 (2) g.l.r. .....
Tag this Judgment!