Court : Andhra Pradesh
Reported in : 1994(2)ALT729
..... ,shall consider the claims of the petitioners for appointment as helpers in terms of the settlement dated 26-10-1991 which the respondents had entered into with the trade union representing the petitioners. i make it absolutely clear that i am not pronouncing upon the entitlement of the petitioners to be treated as workmen directly employed by the ..... 2) were rendered prior to the coming into force of act 70 of 1971. 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 providing for appeals. for the first time, in act 70 of 1971 the provision for appeal viz., section 19 ..... was incorporated. 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 of letters patent. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1994(72)ELT263(AP)
..... had been issued to benefit the assessees, then the department would not be able to disregard that. there are also similar decisions under the central excise act, such as oriental paper mills limited v. union of india - 1978 (2) e.l.t. (j 345) (sc). in view of this position, it is apparent that inasmuch as the ..... at a time when india seeks globalisation of its markets. unless the classification of goods is in accord with international system and is clear and certain to the trade, the very purpose of adopting the international standards would be defeated. it is a pity that the finance minister had to lament that confusion still persists in ..... code for identifying and describing goods which should considerably reduce the difficulties in redescribing and recording the goods as they pass from one country to another in international trade, as stated in the objects and reasons, when both the excise tariff and customs tariff bills were introduced in 1985. one of the obligations of the contracting .....
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 : 1993(1)ALT101
..... parents' is considered a relevant factor. accordingly instructions were issued by the government of india, ministry of home affairs to all the state governments and union territories on 22nd march 1977.5. from time to time various orders have been issued by the a.p. state government specifying the guidelines and the ..... [1980]1scr1135 the returned candidate in the election to the maharashtra legislative assembly from the armori constituency in chandrapur district belonged to kshetriya bidwaik mana community. after act no. 108/76 came into force mana community became one of the sub-tribes of gond tribe under entry 22 to the constitution (scheduled tribes) order, ..... : [1980]1scr1135 , which lays down the proposition that the communities mentioned against a specified entry in the scheduled castes and scheduled tribes orders (amendment) act, 1976, are those which have mutual affinity amongst them. the habitat of koya tribe-forest tracks flanking the river godavari and its tributeries-the names of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(1)ALT713
..... is not a consumer. the definition includes also a person who hires any services for consideration. expressions like 'consumer dispute', 'defect', 'deficiency', 'service', 'trade are also defined by section 2. section 3 says that the provisions of the act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. chapter ..... which the expression 'consumer' is not defined. as it is denned in the consumer protection act, the delhi high court expressed the view that the consumer protection act and the monopolies and restrictive trade practices act are cognate legislations in regard to unfair trade practices and on that view held that consumer means 'a person who buys and uses goods'. we reject with no hesitation .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(2)ALT255; 1994(48)ECC130; 1994LC302(AP); 1992(57)ELT579(AP)
..... the past and which were permissible items (not being included in appendix 12) at that time would be rendered ineligible to be considered for the grant of trading house certificate or issuance of additional licences merely, because, long after the said exports were completed, there was an amendment to the import-export policy, whereby ..... the past and which were permissible items (not being included in appendix 12) at that time would be rendered ineligible to be considered for the grant of trading house certificate or issuance of additional licences merely, because, long after the said exports were completed, there was an amendment to the import-export policy, whereby ..... founded upon the equity which arises in their favour as a result of the representation made on behalf of the union of india in the export promotion scheme, and the action taken by the respondents acting upon that representation under the belief that the government would carry out the representation made by it. on the facts .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(2)ALT32
..... be declared as violative of the principles of natural justice, as neither any pre-decisional nor any post-decisional hearing is provided. (see smt. menaka gandhi v. union of indiai, : [1978]2scr621 .35. lastly it is contended by the learned counsel for the petitioner that the impugned order is also otherwise arbitrary and illegal ..... reports 1971 (1) chancery division, 388. in that case inspectors were appointed to investigate into the affairs of pergamon press and report to the board of trade. the director refused to answer questions before the inspectors unless assurances sought by them, are given by the inspectors. on reporting the matter to the chancery judge ..... expenses, suffered liabilities to set up a hotel. presumably if the loan was not forthcoming, the respondent may not have undertaken such a huge project. acting on the promise of the appellant evidenced by documents, the respondent proceeded to suffer further liabilities to implement and execute the project. in the back drop of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(3)ALT433
..... clause (4) in article 213 and article 239-b were omitted by sections 16, 27 and 32 respectively of the constitution (forty-fourth amendment) act, 1978. in a.k. roy v. union of india (3 supra) it was argued before the supreme court that the deletion of clause (4) in the above mentioned articles was a positive ..... and depend almost entirely, on the expertise of the weavers for the efficient conduct of the societies. imposition of officials who have no sense of involvement in the trade, it is apprehended, will seriously affect the working of the societies and the fate of their members. counsel submits that the special features of the weavers co ..... on the advice of his council of ministers and on their satisfaction. the president is under the constitution not the repository of the legislative power of the union and with a view to meet extraordinary situations demanding immediate enactment of laws, provision is made in the constitution investing the president with power to legislate by promulgating .....
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 : 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 .....
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