Court : Andhra Pradesh
Decided on : Jul-03-2001
Reported in : 2001(4)ALT347; [2001]124STC515(AP)
..... who deal with poultry feed as such are liable to be taxed only at the rate of 4% under entry 80 of the first schedule of the apgst act. the amended act has made a classification between poultry feed and poultry feed supplements without any rational basis for the purpose of applying differential rate of tax.3. in response to ..... writ petitions, they have assailed the constitutionality of the incorporation of the new entry 80-a in the first schedule of the andhra pradesh general sales tax act, for short 'the apgst act'; by amendment act 27 of 1996 with effect from 1-8-1996. in wp no. 12121 of 1998, the petitioner has also sought for a direction that the poultry ..... the feed supplements are only added as an option in different quantities depending upon the stages of life of birds or other livestock, it cannot be said that items entry 80 and items in entry 80-a are the same so as to attract equal protection clause embodied in article 14 of the constitution. therefore, in our opinion it would be .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-23-2001
Reported in : 2002(1)ALD423; 2002(2)ALT77
..... sufficient social progress to be governed by the intricacies of the legal system applicable to ordinary citizens. the tribals inhabiting the scheduled areas enjoyed special protection; their way of life, their social structure and primitive living made them unfit to be governed by ordinary laws to a great extent but at thesame time it was ..... clause, it was observed:relying on these two provisions, it was strenuously argued that the non-obstante clause protects all acts done under the rbo. act and the notification dated 12-8-1993 under the town areas act will have no impact on the boundaries of dayalbagh regulated area. in our view, the submission is misconceived ..... apply with such modifications as are specified by the governor. that is what precisely happened in the notification. while applying the provisions of the education act, the panchayat act and the rules made thereunder as well as the general rules, the governor directed that all the posts of teachers in the schools situated in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-10-2001
Reported in : 2001(5)ALD145; 2001(2)ALD(Cri)438; 2001(4)ALT666; I(2002)DMC686
..... 221, 222 and 223 would fall for consideration before the court.16. let us now examine the provisions of section 3(1) of the 1986 act. the act was enacted to protect the rights of muslim women who have been divorced by, or have obtained divorce from their husbands and to provide for matters connected therewith or incidental ..... relevant to the reconsideration of the terms of section 127 of india's new code of criminal procedure the shah bano case, and the muslim women (protection of rights of divorce) act. perhaps, the supreme court of india will be fortified by the dhaka decision when it faces - as it eventually must the conflicting judgments emanating from ..... husband, and the standard of life the woman enjoyed during the marriage..... the question of 'mataa' has been constantly present throughout the debates over the terms of sections 125 and 127 of the new code of criminal procedure, the shah bano case, and the muslim women (protection of rights on divorce) act but it has been more or .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-30-2001
Reported in : 2001(6)ALD496; 2002(1)ALT79; 2002(145)ELT38(AP)
..... of itc (hs) classification.(c) safety accessories appear to be restricted in terms of entry 3d002 of scomet (equipment related to p3, p4 facilities such as protective suits and class iii safety cabinets) -appendix 3 of itc (hs) classification.(d) filtering units with pump and frame also appear to be restricted as per the ..... with whether he would have come to the same verdict. the onus of establishing unreasonableness, however, rests upon the person challenging the validity of the acts.administrative decisions in exercise of powers even if conferred in subjective terms are to be made in good faith on relevant consideration. the courts inquire whether a ..... exported under shipping bill for export of duty-free goods. therefore, the petitioner filed free shipping bill as required under section 50 of the customs act, 1962 (for short, the act) in the office of the deputy commissioner of customs, inland container depot, sanathnagar, hyderabad, the 2nd respondent herein. as per the procedure .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-25-2001
Reported in : 2001(3)ALD760; 2001(3)ALT706
..... ., 3. public enterprises may give relaxation as to age, experience, and sponsorship from employment exchange while absorbing surplus personnel. 4. the surplus staff cannot claim protection as to last pay drawn, service benefits for past employment like carry forward of leave, ltc facility provision of any sort of claim in respect of previous employment ..... consideration in this writ petition is as to whether the andhra pradesh (regulation of appointments to public services and rationalisation of staff pattern and pay structure) act, 1994 (act no.2 of 1994) is applicable to the case of the petitioner. 2. the said question has been filed raised in view of the fact ..... assurance to the appellant or any of his colleagues that they would be promoted as lecturers. it was also not stated that the appellant had, at anytime, acting upon the promise, altered his position, in any manner, specially to his detriment. baldpleadings cannot be made the foundation for invoking the doctrine of promissory estoppel .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-21-2001
Reported in : 2001(6)ALD224; 2002(2)ALT230
..... practice a profession like law. in order to invalidate rule 70 (aaa), one need, not go that far as to hold that practice of law is a part of the protected right to freespeech as the american constitution law held. but we must admit that it is an honourable way of earning one's livelihood and one of the legitimate means ..... as an advocate after the expiry of two years from the date of dismissal, it will be totally irrational to disqualify a person subjected to lesser punishment during all his life time and therefore rule 7-a framed by the bar council of india would not stand the scrutiny of article 14. further, rule 7-a has the effect of enlarging ..... on a state roll- a) if he is convicted of an offence involving moral turpitude; b) if he is convicted of an offence under the provisions of the untouchability (offences) act, 1955 (22 of 1955) c) if he is dismissed or removed from employment or office under the state on any charge involving moral turpitude : provided that the disqualification for .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-22-2001
Reported in : 2002(1)ALD598; 2002(1)ALT738
..... of the fundamental rights, its real effect or operation on the fundamental rights is of primary importance. it is the duty of the court to be watchful to protect the constitutional rights of a citizen as against any encroachment gradually or slealthily thereon. when a law having imposed restrictions on the fundamental rights, what the court ..... of the provisions of section 47(3) and (4) of the act.58. reliance placed by mr. balagopal in h.r. adyanthaya v. sandoz (india) ltd., : (1995)illj303sc , not apposite. in the said case it was held:the service conditions and the extent of their protection are not fundamental rights they are creatures of either statute or of ..... its operations covered under the 1966 act, will be entitled to such gratuity on rendering of minimum qualifying period of only six months unbroken service. it was held:under article 14 of the constitution, the state shall not deny to any person the equality before the law or the equal protection of the laws within the territories .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-30-2001
Reported in : 2001(3)ALD125; 2001(3)ALT164
..... which enforces the proper performance by public bodies of the duties which they owe to the public. i regard private law as being the system which protects the private rights of private individuals or the private rights of public bodies. the critical distinction arises out of the fact that it is the public ..... that the activities of public bodies are never governed by private law. like public figures, atleast in theory, public bodies are entitled to have a private life. therehave been suggestions that in the commercial field public bodies should adopt different and higher ethical standards than private individuals, but this is not yet required as ..... in the nature of a writ, declaring that the petitioners herein are employees of the bhel, as government of india undertaking, registered under the indian companies act, and restrain the respondents from compelling the petitioners to serve as employees of the society by striking down the registration of bhel education society under the hyderabad .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-08-2001
Reported in : 2001(2)ALD678; 2001(3)ALT180
..... facts leading to the controversy may be noted: there was a fire service branch of railway protection force constituted under railway protection. force act, 1957. the railway stations were maintained by the said fire service branch of rpf to protect the railway property from the fire hazards. as the local authorities have sufficiently developed their fire ..... these matters. 13. the parliament enacted railway protection force act, 1957 (for short 'the said act') with a view to provide for the constitution and regulation of an armed force viz., railway protection force for better protection and security of railway property. in terms of section 15 of the act, every member of the force shall for ..... the purpose of the said act be considered to be always on duty and shall at any time .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-27-2001
Reported in : 2001CriLJ3857
..... of heat and cold we can also add medical facilities in jail comes within the ambit and scope of article 21 of the constitution for the protection of life of the persons guaranteed under article 21 of the constitution. therefore, as opined in the enquiry report by the revenue divisional officer the deceased shaik ..... also been extended to the realm of jurisdiction of high court and the court can award compensation to the persons who suffered personal injuries amounting to tortuous acts at the hands of the officers of the government. therefore, the contention of the respondents that the petitioners should have approached the civil court for damages ..... 1973 home (prisons.b) department dated 12th december, 1977 titled as andhra pradesh prisoners (attendance in courts) rules, 1977 issued under the prisoners (attendance in courts) act, 1955.11. on a query by the court, the learned government pleader for home submitted that the jail authorities are following the rules to send the sick prisoners .....
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