Court : Andhra Pradesh
..... v. mulla khaja mohiuddin and others (2015 (4) alt 40), finally prayed to dismiss the petition, since, dismissal of election petition without trial is impermissible under the act and rules framed thereunder. considering the rival contentions, perusing the material on record, the sole point that arises for consideration is as follows: whether, the other contested ..... and 1st respondent for convenience of reference. the revision petitioner (the 1st respondent in election petition) filed petition under sections 71, 72 of the greater hyderabad municipal corporation act (for short the act ?) and rule 100 (3) of a.p.municipal corporations (conduct of election of members) rules, 2005 ( for short election rules, 2005 ?) alleging that ..... para no.27 by placing reliance on the judgment of samar singh v. kedar nath (air 1987 sc 1926) as follows: from the above, it is clear that sections 81, 83(1) (c) and 86 of the act read with rule 94-a of the rules and form 25 are to be read conjointly as an integral .....
Tag this Judgment!Court : Andhra Pradesh
..... rajdewan dubey (air 1962 sc 83); municipal corporation of delhi v. gurnam kaur (1989)1 scc 101); b. shama rao v. union territory of pondicherry (air 1967 sc 1480); state of u.p. v. synthetics and chemicals (1991)4 scc 139). uniformity and ..... has occurred or not depends on the nature of the contract, the surrounding circumstances and the events which have occurred. (twentsche overseas trading co. ltd. (supra); ram kumar (supra). in every case where then is a dispute between the parties as to the ..... deliver them until the buyer applied for delivery. this provision, among others, was subsequently repealed by the sale of goods act (act iii of 1930), and was inserted in section 35 thereof which provided that, apart from any express contract, the seller ..... inconsistent with the further prosecution of the adventure. (ram kumar (supra); hirji mulji v. cheong yue steamshlt), co. ltd., (1926 a. c. 497). the whole doctrine of frustration has been described as a reading into the contract of implied terms to .....
Tag this Judgment!Court : Andhra Pradesh
..... scale, payment of full salary for the interregnum period and service benefits. the settlement entered by the respondent corporation with the recognized trade unions under section 12(3) of the industrial disputes act, 1947 mandates the respondent corporation for provision of alternative job as well as protection of service benefits and denial of the same is ..... for driving the heavy motor vehicles. 44. drivers contended that the said termination violates section 2(oo) of the industrial disputes act, 1947 and also contrary to an agreement between the drivers union and the corporations, where under it was agreed to provide alternative job to the drivers declared as unfit. while rejecting both contentions ..... for the rights of disabled formula propounded for belief for the disabled: ''i seek opportunity, not security. i will not trade my dignity for a handout. it is my heritage to think and act for myself.'' 1. it is apposite to note the observations of honble justice s.b. sinha in justice j.k. .....
Tag this Judgment!Court : Andhra Pradesh
..... cement ltd. (2005) 6 scc 499); k.s. rashid and son v. income tax investigation commission (air 1954 sc 207); sangram singh v. election tribunal (air 1955 sc 425); union of india v. t.r. varma (air 1957 sc 882); k.s. venkataraman and co. (p) ltd. v. state of madras (air 1966 sc 1089); n.t. ..... to be 0288001532. according to the petitioner, only discoloured chillies or broken chillies, which cannot be exported, are sold either locally or in the course of inter-state trade and commerce; their branch at cochin, on receipt of orders from intending buyers in foreign countries, intimates the secunderabad branch to purchase chillies of the required specifications; the ..... course of import into or export from india (embee corporation32), chapter ii of the central sales tax act has the heading "formulations of principles for determining when a sale or purchase of goods takes place in the course of inter-state trade or commerce or outside a state or in the course of export or import". the heading of .....
Tag this Judgment!Court : Andhra Pradesh
..... and revisional authorities had ignored the orders of the sales tax appellate tribunal that similar transactions could not be subject to tax under the ap vat act, even though the supreme court, in union of india v. ramlakshmi finance corporation ltd. [1992 supp (1) scc 443], had held that judicial discipline require that the orders of ..... not been expressly used in all the contracts; some of the contracts contemplate issue of the material, received by the owner in the course of inter-state trade, to the petitioner for execution under the service contract; in order to determine whether a sale is taxable or not, a minor difference between the statutory definition ..... goods is transferred. (commissioner of income-tax, madhya pradesh and bhopal, nagpur v. bhopal textiles ltd., bhopal [air 1961 sc 426]; bharat and co. v. trade tax officer [(2005) 6 scc 796]). where the property in the goods has passed, either before the movement has commenced or after the movement from one state to another .....
Tag this Judgment!Court : Andhra Pradesh
..... seated arbitration, the parties had excluded the application of part i of the act. they contended that the delhi high court had no jurisdiction to entertain the objection filed by the union of india under section 34 of the act; the courts of england and wales had exclusive jurisdiction to entertain any challenge ..... payment; courts must be cautious in granting an order of injunction, restraining realisation of a bank guarantee, since it would have serious repercussions in international trade; except, in extraordinary circumstances, no injunction can be granted against invocation/encashment of a bank guarantee; the extra-ordinary circumstances are cases of fraud, ..... honoured by respondent nos.3 and 4. learned counsel would rely on state of maharashtra v. national construction company ; millennium wires (p) ltd.v.the state trading corporation of india ltd ; hindustan construction company limited v. state of bihar ; and u.p.cooperative federation limited v. singh consultants & engineers pvt.ltd .....
Tag this Judgment!Court : Andhra Pradesh
..... . admittedly, in this case, the trade trainees are not the apprentices engaged under the provisions of the apprentices act, 1961. therefore, they cannot come within the exception specifically carved out from the operation of the provision. 5.1 then the learned judge proceeded to consider the judgments of the supreme court in hussainbhai vs. alath factory thezhilali union( ) and observed thus:- coming to ..... destroy the compulsive character introduced by the legislation.28. hence, the question referred is answered in the negative declaring that the statutory obligations/rights under esi act cannot be contracted out by the employer and the employee/union and such contracts are void and unenforceable. ___________________ dilip b.bhosale, acj ______________ k.c.bhanu, j ______________ s.v.bhatt, j ____________________ a.shankar .....
Tag this Judgment!Court : Andhra Pradesh
..... bombay port trust (cited supra), century textiles and industries ltd. vs. state of maharashtra (cited supra) including this court judgment in maharashtra rajya mathadi transport and central kamgar union vs. state of maharashtra and ors. (cited supra). the learned single judge noted the argument that it was expressed in lallubhai kevaldas and anr. vs. the state ..... repelled this argument relying on the decisions in maharashtra state road transport corporation vs. state of maharashtra and ors. (cited supra) and danial latifi and anr. vs. union of india [2001 (7) scc740. our attention was also invited to treatise by justice g.p. singh, (11th edition). it was urged by shri singhvi that ..... no application, still the issue can be decided whether the facts of the case falls under section 9 of the act.41. learned counsel for the petitioner relied on a decision reported in bhatia international v bulk trading s.a. and another , wherein it was held thus (para 29): we see no substance in the submission .....
Tag this Judgment!Court : Andhra Pradesh
..... d relating to other territories).part b states themselves, before their being constituted into so many units, contained many small states which formed themselves into unions of a number of states, and had trade barriers and custom posts even inter-se. (atiabari tea co.ltd.5).this situation posed to the constitution makers the problem of restricting the ..... to fci, kakinada occasioned the movement of rice from yanam in the union territory of pondicherry to kakinada in the state of andhra pradesh. the said sale, in view of section 3(a) of the cst act, 1956, is a sale in the cours.of inter-state trade and commerce. the state legislature cannot, by law, treat such sales ..... the petitioners.who are all rice millers at yanam in the union territory of pondicherry, to the fci at kakinada in the state of andhra pradesh, are sales in the cours.of inter-state trade and commerce falling within the ambit of section 3(a) of the cst act, the impugned assessment orders.subjecting these sales to tax under the .....
Tag this Judgment!Court : Andhra Pradesh
..... quo warranto and prohibition under article 226 of the constitution is a basic feature of the constitution and cannot be curtailed by parliamentary legislationl. chandra kumar v. union of india. however, it is one thing to say that in exercise of the power vested in it under article 226 of the constitution, the high ..... .trivikrama prasad and sri y.harichandra prasad with equal shares. to achieve primary objective to generate power, the company entered into power purchase agreement with power trading corporation (ptc) in january, 2006 and entered into memorandum of understanding with government of odisha. the government of odisha promised to provide 42 cusecs of ..... the crime by cbi, the directorate of enforcement issued ecir/02/hyzo/2013, dated 22.07.2014 and initiated investigation under the prevention of money laundering act, 2002 (act, 2002) against m/s.nppl and others. the enforcement directorate conducted detailed investigation. having found in the investigation that the nppl gave a mis- .....
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