Court : Andhra Pradesh
Reported in : 2003(2)ALD221; 2003(2)ALT470; (2003)IILLJ857AP
..... 22.10.2000, to the first respondent to permit closure of the establishment which was already closed in july 1999.(b) that apart from notices to some trade unions, no general or individual communication to the workmen were issued before passing the impugned order, hence the closure order is illegal.(c) that the circular dated 26 ..... industrial and labour disputes.'74. within the legislative field enumerated in entry-22 of list iii, the legislature of the state has, subject to the provisions of the constitution, legislative power to enact laws. there is nothing in the provisions of the constitution or in the act, brought to the ..... amendment act 32/87 is valid and operative. there is nothing in the phraseology of sub-section (2) of section 2a, which limits the applicability of its provisions to 'state industries' as contended by the petitioner.73. the legislative field enumerated under entry 22 of list iii of the seventh schedule reads as under:'22. trade unions; .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1990)ILLJ367AP
..... law authorising it, such illegal imposition must undoubtedly operates as an illegal restraint and must infringe the unfettered right of the wholesale dealer to carry on his occupation, trade or business which is guaranteed to him by art. 19(1)(g) of our constitution.' a three-judge bench of the supreme court speaking through bhargava, ..... 23rd march, 1985 concluded between the management of the society on the one hand and the two recognized registered workers unions on the other. 'settlement defined under section 2(p) of the industrial disputes act as one arrived at in the course of a conciliation proceeding and includes a written agreement between the employer and workmen ..... 163 one of the earliest cases concerning the validity of bye-laws, the question for consideration was whether a local authority acting under a bye-law could deprive a person of his right to carry on trade under article 19(1)(g) of the constitution. a constitution bench of the supreme court ruled : 'this certainly is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1994(1)ALT426; 1993(43)ECC1; 1993(67)ELT769(AP)
..... authority. in any event in view of the above discussion and following the judgments of the supreme court in miles india limited v. assistant collector of customs (supra) and union of india v. jain spinners ltd. (supra), the petitioner has to claim the refund only under section 11b. for these reasons the writ petitions fail and are accordingly ..... with a view to refund the same to the purchaser such a power is incidental to the taxing power under the relevant entry. 42. in new india industries ltd. v. union of india - 1990 (46) e. l. t. 23 - a full bench of the bombay high court has observed that where the collection of the excise duty results ..... the company explaining that the refund claim was inadmissible in terms of section 11d of the central excise act read with central excise hyderabad collectorate trade notice no. 132 of 1991, dated 22-10- 1991 and section 11b of the central excise act, as the company had already collected the duty amount, subject matter of refund claim, from the buyers .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALT611
..... is an 'authority' for purposes of article 226 of the constitution of india as it is performing statutory functions and has statutory duties under the act as laid down in zee telefilms ltd. v. union of india : air2005sc2677 , andi mukta sadguru v. v.r. rudani : (1989)iillj324sc and praga tools corporation v. c.a. immanuel : ..... conferred with discretion to impose such restrictions by notification or order having statutory force or conditions emanating therefrom as part thereof as are deemed appropriate to the trade or business or avocation by a licence or permit, as the case may be. unregulated video game operations not only pose danger to public peace and ..... conditions, the right to reject any expression on its sole discretion though reserved, there cannot be arbitrary exercise relating to the same. reliance was placed on union of india v. dinesh engineering corporation and anr. : air2001sc3887 wherein at para-15 it was observed:coming to the second question involved in these appeals, namely .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2009AP216; 2009(5)ALT98
..... view that arbitrators could never have jurisdiction to decide whether a contract was valid. if the contract was invalid, so was the arbitration clause. in overseas union insurance limited v. aa mutual international insurance co. limited (1099) 2 lloyd's rep 63, 66 evans j. said that this rule 'owes ..... arbitration law, which would be based on model law on international commercial arbitration established by united nations commission on international trade law (uncitral). accordingly repealing 1940 act, 1996 act, which also includes provisions of conciliation, was enacted on 16-01-1996. this came into force on 25-01-1996. the ..... may the contract is null and void shall notdo in a suit. entail ipso jure the invalidity of the arbitration clause.-------------------------------------------------------------------------------------------17. under 1940 act, an arbitrator cannot decide the question whether the agreement is valid, void and/or unenforceable and such a question has to be decided only by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT431:AIR2009NOC2482(A.P)(F.B).
..... 8-9-1999 and this court negatived the contentions of the petitioners therein and held that the petitioners have to obtain licence under section 7(1) of the act for trading in 'ghee' and pay market fee as long as 'ghee' remains as a notified product in the statute book. aggrieved by the said order, the ..... govindlal chhaganlal patel v. agricultural produce market committee, godhra : air 1976 s.c. 263, sreenivasa general traders v. state of andhra pradesh (referred (10) supra) and union of india v. cynamide india limited (referred (4) supra) as well.106. elaborate submissions were made relating to the settled principles of interpretation of statutes and submissions were ..... to be operative and not inept and that nothing short of impossibility should allow a court to declare a statute unworkable. in whitney v. inland revenue commissioners 1926 ac 37, lord dunedin saida statute is designed to be workable, and the interpretation thereof by a court should be to secure that object, unless crucial .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)
..... corporation limited v. bharati industries : air2006sc198 , after referring to state bank of india v. state bank of india canteen employees union : (1998)5scc74 , chairman, grid corporation of orissa v. sukamani das : (1999)7scc298 and national highways authority of india ..... the owner or on the stranger. in the present statutory dispensation, namely transfer of property act, contract act, specific relief act and registration act, the court does not see any prohibition operating on the exercise of inherent power by the ..... by the parties, then also ordinarily an application for a judicial review is not accepted. see whirlpool corporation v. registrar of trade marks : air1999sc22 . there is justification for the principle. clive lewis in 'judicial remedies in public law' (first edition ..... jawand singh air 1947 nag. 236 : ilr 1947 nag. 190; devendra nath sarkar v. ram rachpal singh ilr (1926) 1 luck 341 : air 1926 oudh 315; saiyed mohd. raza v. ram saroop ilr (1929) 4 luck 562 : air 1929 oudh 385 (f .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1990AP100
..... as evidence of obscenity without something more. hack-lin test need not be discarded. but each case has to be considered on its own facts.in k. a. abbas v. union of india, : [1971]2scr446 , it was held that the freedom under art. 19(l)(a) is subject to art. 19(2). in samaresh bose v. arnal mitra, : ..... to the petitioner offends art. 14 1 find no inkling of doubt to reject the contention outright. undoubtedly the constitution assures to every citizen right to avocation, profession, trade, business as well as equality before law. it is equally paramount that every one has a fundamental duty to obey the law, in other words, not to contravene ..... the same qualitative effect as a repeal. this repeal and amendment are not mutually exclusive terms. they both are frequently applied to the same act.11. in statutory construction by sutherland (vol. i) in para 1926 at page 399, it is stated that the repealed statute may be revised by express enactment or by implication. cases involving express revival .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(6)ALD582; 2005(6)ALT364
..... above, the commission, a permanent expert body, constituted in accordance with the directions of the supreme court in indra sawhney v. union of india (129 supra), under act 20 of 1993, has been entrusted with the functions of identifying backward classes of citizens for inclusion in the list of backward ..... are caste and religion - neutral.96. the commission has neither found nor recorded that self-employment in petty business, occupations like rickshaw pulling, push-cart trade, agricultural labour, marginal land ownership, mal-nutrition, inaccessibility to medical facility, lower life expectancy, engagement as unskilled labour, masons or drivers, pursuit of ..... apparent that in the considered view of the commission the higher unemployment rate; the lower share in salaried employment; predominant self-employment in petty trades and as rickshaw pullers, push-cart traders and labourers; the relatively lower monthly expenditure indicia; marginal land ownership, pervasive mal-nutrition coupled with .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD173; 2007(2)ALT386; [2007(114)FLR253]
..... view that although a dispute relating to an individual workman cannot per se be treated as an industrial dispute (it can be so treated) if espoused by the trade union or a large number of workmen.21. in central provinces transport services v. raghunath gopal patwardhan 1957 (1) llj 27 (sc) their lordships of the supreme ..... 1958.form-k-4(see sub-rule (6) of rule 11)application by a workman under sub-section (2) of section 2-a of the industrial disputes act, 1947 (central act no. 14 of 1947).before the labour court at..between:i....(applicant)and.(employer)the applicant... s/o...aged.... years was working as.... m/s. ... and ..... dismissal, discharge, retrenchment or termination of service of the workmen came to be treated as an industrial dispute, the working of the conciliation machinery envisaged under the act proved to be extremely tardy. the demands raised by the workmen remained pending with the conciliation officers for years together apparently because the legislation does not prescribe .....
Tag this Judgment!