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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1980 Page 9 of about 431 results (0.237 seconds)

Jul 03 1980 (HC)

Bhagwandas Jhawar Vs. Collector of Central Excise, Hyderabad and ors.

Court : Andhra Pradesh

Decided on : Jul-03-1980

Reported in : 1985(22)ELT40(AP)

..... an option to pay fine in lieu of confiscation. when the authorities did not choose to exercise this discretion and give an option, it cannot be said that they are acting illegally or contrary to the rules. 6. it was also argued that the confiscation of the gold was out of proportion to the violation of the relevant rules. in this ..... connection reference was made to a decision of a bench of this court in. w.a. no. 321 of 1969, dated 23-11-1972 where dealing with the customs act, it was observed that the primary purpose of levying the penalty is to make the levy a deterrant and not to treat the punishment as retributive. this case has no ..... on account of a marriage and a feast in his house he could not submit the gold and the form from into the bank. after an enquiry under the customs act, the collector disbelieved the appellant's case that he wanted to invest the gold in gold bonds. he observed that the form produced by the appellant does not appear to ..... -5-1970 of the government of india confirming the order of the gold control administrator, ministry of finance, which in turn confirmed the order of the collector, central excise, hyderabad. 2. on 30-4-1966 the officers of the headquarters preventive intelligence unit (gold cell) attached to the hyderabad central excise collectorate office visited the appellant's premises and enquired whether .....

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Nov 21 1980 (HC)

Standard Packagings Vs. Union of India and anr.

Court : Andhra Pradesh

Decided on : Nov-21-1980

Reported in : 1983(12)ELT786(AP)

..... to be decided having regard to the averments of the firm is : whether bond paper is 'manufactured' within the meaning of section 3 of the act 1 of 1944 the 'process' adopted by the firm in producing bond paper is not in dispute. in the 'process' two materials are used ..... notwithstanding the decision on august 27, 1980 by the madras high court. the revenue contends duty is leviable under clause (2) of item 17 under the schedule of section 3 of the act. the levy is proper and legal. the levy does not suffer and vice whatever. 3. the first and foremost question ..... the word 'manufacture' occurs in many statutes including fiscal enactments. this word was considered by court times out of number. what its meaning under section 106 of the transfer of property act was considered in p. c. cheriyan v. mst. barfi devi (1) - 1979 e.l.t. (j 593). what is the meaning ..... the above process the questions at issue are : whether the process adopted is a manufacturing process whether on such bond paper duty under clause (2) of item 17 of the act can be levied? the counsel are agreed that the determination of the two issues decides the validity or otherwise of the impugned notification. 5 ..... character'and 'use' bond paper whether is dutiable under item 17(2) is to be determined in the instant writ petition. 6. the firm, it was argued by the revenue, have an alternative remedy under sections 35, 35(a) and 36 of the act. those remedies are not exhausted by the firm therefore should not .....

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Apr 16 1980 (HC)

Yarlagadda Nayudamma Etc. Vs. the Government of Andhra Pradesh and ors ...

Court : Andhra Pradesh

Decided on : Apr-16-1980

Reported in : AIR1981AP19

..... his right by birth and only as unobstructed heritage.''the mitakshara and the other authorities following it are quite explicit on the matter. the very definition of unobstructed heritage makes no distinction between the property of the father and the property of the grandfather so far as the son's right ..... it. this, in our judgment, is the undivided interpretation which has to be placed upon the provisions enacted in the proviso (b) to section 12 of the act; and to construe otherwise, would be causing violence to the explicit expression given in the language of the said proviso. if that is so ..... from the provisions of the aforesaid statute it is quite manifest that the legislature has enacted a special provision i. e., proviso (b) to section 12 of the act which is explicit and unequivocal in its language and intention. the property as per the said proviso (b) which vested in the adopted child ..... answer chiefly turns upon the construction of the language employed, in particular, in proviso (b) to section 12 of the act. before reaching the conclusion by the processual interpretation of the said provisions, the relevant facts may briefly be noticed.2. the petitioner in c. r. p. no. 103/79 is one nayudamma (male). lakshmamma, ..... of the hindu succession act to will away his property or to dispose of or alienate in whichever way he desired, which he is entitled by birth. it may be, that at a time when he alienated or willed away, there may not have been a definite demarcation of the sons; but .....

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Jun 20 1980 (HC)

Y. Thirupathi Rao and anr. Vs. Collector of Central Excise, Hyderabad ...

Court : Andhra Pradesh

Decided on : Jun-20-1980

Reported in : 1983(14)ELT2346(AP)

..... . l-iv licence is discriminatory. 3. on the other hand, mr. k. subrahmanya reddy, the learned standing counsel for the central government contends that takedars are manufacturers within the definition of section 2, clauses (f) and (f)(i) and biris are excisable goods as it is an item mentioned in the first schedule. he further submitted that the requirement to obtain form no ..... , get them rolled into katcha biris and send them back to the principal manufacturer and receive commission for the work done. they are not manufacturers within the meaning of section 6 of the act. further katcha biris are not excisable goods attracting excise duty. hence the procedure prescribed in respect of excisable goods cannot be applied to them, as they prepared only ..... 'other biris'. different rates are prescribed for these two items of biris. 6. on a plain reading of the provisions of the act particularly section 3 which is the charging section and sub-item 2(3) of item no. 4 of the first schedule, the contention of the petitioners that biris are not excisable goods cannot be accepted. 7. the two decisions relied upon ..... in the application of this requirement. 4. to appreciate the rival contentions it is necessary to refer to the relevant provisions of the central excises and salt act, 1944. section 3 of the act is the charging section and it says that an excise duty shall be levied and collected on all excisable goods other than salt which are produced or manufactured in india .....

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Jan 22 1980 (HC)

State of Andhra Pradesh Vs. Penumatsa Venkata Raju

Court : Andhra Pradesh

Decided on : Jan-22-1980

Reported in : AIR1981AP22

..... to the counsel of the declarant is the proper service or communication to the party within the meaning of rule 16 (9) of the rules framed under the land ceiling act. rule 16 (9) reads under :'every notice or summons issued or order passed by the tahsildar, revenue divisional officer, district collector, tribunal or appellate tribunal, as the case may be ..... to him or where the above course is not feasible, by sending it by post under the certificates of posting to his address at the last known place of residence'.2. it is quite evident from the above rule that a particular mode has been prescribed by the statute and non-compliance of the statutory rule would nullify the proceedings, this ..... view has been taken by this court on more than one occasion. my learned brother madhava reddy j. in k. chmna nagiah v. spl. tahsildar (lr), markapur, (1977) 2 aplj (notes) 67: (air 1978 noc 158) held that service on the counsel for the declarant is not a service at all. i am not persuaded to take a view .....

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Jun 16 1980 (HC)

Deekonda Anoopkumar Vs. the State of Andhra Pradesh

Court : Andhra Pradesh

Decided on : Jun-16-1980

Reported in : AIR1981AP23

..... which were not considered and disposed of by the appellate tribunal when making the order of remand, precluded the appellate tribunal from considering the same. from the wording of sub-section (2) of section 105, c. p. c. it cannot be said that all such matters which could have been raised but were not raised were also decided by the court passing the ..... order of remand, and not with respect to matters which were never considered and disposed of. under the act, no appeal lies against the order made by the appellate tribunal, only a revision lies to the high court. in such a case, section 105(2) has no application it does not debar a party from raising the points.'the learned counsel further relied ..... the first time after remand, the revisionist is precluded from doing so, as it would not be com--petent for the appellate tribunal to entertain the same. hence this revision.2. the learned counsel for the petitioner sri n. subba reddy relied on certain decisions of this court favouring this point. in b. papaiah v. state of a. p., 1980 (1 .....

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Sep 12 1980 (HC)

Kasturi Rangachary Vs. Chairman, Food Corporation of India and ors.

Court : Andhra Pradesh

Decided on : Sep-12-1980

Reported in : (1981)IILLJ237AP

..... sub-s. (3) of s. 12-a provides that his service conditions should be '...... governed by regulations', therefore, it is submitted that the petitioner cannot be governed by the act. section 12-a(3) are special provisions hence delegation should have been specific. (8) even assuming that the board has the power to delegate; such a delegation can be done by ..... frame regulations determining the methods of appointment, the conditions of service and the scales of pay of the officers and other employees of the corporation. the next relevant section is 37 of the act, which gives power to the corporation to delegate in the following manner : 'a food corporation may, be general or special order in writing, delegate to the chairman ..... would mean that the powers of the board of directors as well as the corporation are co-extensive and concurrent. whatever acts the corporation could do under the act, the board of directors also could do. section 7 of the act provides that the board of directors of the corporation shall consist of the following : '(a) ... ... ...(b) ... ... ...(c) ... ... ...(d) a managing director;(e) ... ... ..... regulations so that it could be held that the impugned orders of respondent 2 were justified and according to law. 11. it would now be appropriate to see the relevant provisions of the act. the act was passed in the year 1964 which brought the corporation into being. section 6 of the act provides for the general superintendence, direction and management of the affairs and .....

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Jun 12 1980 (HC)

Pathuri Gangaraju Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Decided on : Jun-12-1980

Reported in : AIR1981AP30

..... in a bona fide compromise, cannot be said to be the holder of the land within the meaning of 'holding' as defined under section 3 (i) of the ceiling act.(2) till such compromise, under which parties inter se relinquished claims vis-a-vis certain properties, none could predicate as to in whom the ..... and secondly, it must be an alienation, whether by way of settlement or surrender. unless these twin attributes are made out, the section cannot be successfully attracted.7. 'holding', as per the definition extracted above, means the entire land held by a person in one capacity or other as enumerated in the said ..... person in one capacity and by another person in any other capacity, such land shall be included in the holding of both such persons;' section 17 of the same act reads,'prohibition of alienation of holding:--(1) no person whose holding, and no member of a family unit, the holding of all the ..... the word 'otherwise' employed in section 3 (i) (v) must be read eiusdem generis with the words which precede it. so construed, the possession of the holder ..... section 3 (i). in c.v. narayana reddy v. state of a.p. : air1980ap89 , a bench of this court, while construing the definition of section 3 (i) has held that .....

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Sep 18 1980 (HC)

Madhava Sastri Vs. Director, Post-graduate Centre, Anantapur

Court : Andhra Pradesh

Decided on : Sep-18-1980

Reported in : (1982)ILLJ66AP

..... in any court of civil jurisdiction, by virtue of s. 141 thereof, ceased to be so applicable on account of the explanation introduced by the civil procedure code (amendment) act, 1976. the explanation reads : 'in this section the expression 'proceedings includes proceeding under order 9, but does not include any proceedings under art. 226 of the constitution.' the provisions of the code of civil ..... devendra pratap v. state of uttar pradesh [1962-i l.l.j. 266], in support of his contention that order 2, rule 2, civil procedure code does not apply to writ proceedings. that was a case where a government servant, on being dismissed from service, instituted a suit for a declaration that the order ..... invoke the writ jurisdiction of this court for obtaining the very same reliefs. indeed, if a suit is barred, a writ petition would equally be barred. public policy underlying order 2, rule 2, civil procedure code is attracted with equal vigour in this situation as well. 12. mr. kodandaramayya, the learned counsel for the petitioner relied upon the observations of the supreme court in ..... to do so, he is precluded from claiming that relief by way of this writ petition. he submitted that the writ petition itself is not maintainable being barred under order 2, rule 2, civil procedure code, which code has been applicable to proceedings under art. 226 of the constitution, by virtue of rule 24 of the writ proceedings rules 1977, framed by this court .....

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Jan 23 1980 (HC)

Kopparan Venkatappa Chetty and ors. Vs. Udaysankar Royal Varu and ors.

Court : Andhra Pradesh

Decided on : Jan-23-1980

Reported in : AIR1981AP34

..... permanent alienation. the tribunal also has not taken into account the provision of section 4 of the andhra pradesh (andhra area) impartible estates act. that provision does not render alienations void ab initio. sub-section (2) expressly oermits certain alienations. even sub-section (1) merely puts some restrictions on the authority of the proprietor of ..... of the applicant was valid. the supreme court he]d that :'if an appeal lies under any of the other clauses (of section 64 of the motor vehicles act), that of course must be an effective appeal and the appellate authority must therefore have all powers to give relief to which the ..... were not taken over. by an order dated 24-2-1951 the settlement officer held that those villages were not an inam estate within the meaning of the act. however, by virtue of the amendment effected by the amendment act of 1957 in the definition of 'inam estate' this group of villages also ..... respondents. it explains the nature of the alienation or grant under ex. a-2. in ex. a-3 several statements with regard to the possession and enjoyment of the village in question are made which have & definite bearing on the question as to whether it was a part of the punganur ..... was deemed to have been taken over under the provisions of the said act. thereupon the appellants filed o.p. no .....

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