Court : Andhra Pradesh
Decided on : Jun-08-2009
Reported in : 2009(4)ALT71
..... . learned counsel for the petitioner, mr. s. ramachandra rao, submitted the following points for consideration and relied upon several decisions of the supreme court.1. sections 452-a, 455-a and 455-aa introduced by act 9 of 2008 enable regularization of structures which are in violation of floor area or which are constructed without sanctioned plan or which are in deviation of ..... tribunals within the respective jurisdiction are held to be subject to judicial superintendence of the high court and the supreme court.wp. no. 7542 of 2008 & wp. no. 4409 of 2006:31. in these writ petitions neither ap act 9 of 2008 nor g.o.ms. no. 901 is questioned and as such these writ petitions are deleted from this batch to be heard separately ..... sc 628 as well as in later decision in satyawati sharma v. union of india : 2008 (7) scj 890 : (2008) 5 scc 287. in the last of the decisions referred to above the supreme court had occasion to consider section 14(1)(e) of the delhi rent control act, 1958 making distinction between premises let for residential and non-residential purposes by restricting landlord ..... from the order of this court dated 27.07.2006 extracted above.15. based on the above recommendations, steps were taken by the government to amend hmc act, ap municipalities act, ap municipal corporations act and ap urban areas (development) act including amendment to the schedule u and v of hmc act and urban areas (development) act and consequently ap act 9 of 2008 was enacted.16. in the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : May-01-2009
Reported in : 2009(4)ALT431:AIR2009NOC2482(A.P)(F.B).
..... also settled that where the language of the legislature admits of two constructions and if constructions in one way would lead to obvious injustice, the courts act upon the view that such a result could not have been intended, unless the intention had been manifested in express words. out of the ..... of income tax v. lakshmi machine works (2007) 11 scc 126 and k.p. mohammed salim v. commissioner of income tax : (2008) 11 scc 573, supreme court held that a statute or any enacting provision therein must be so construed as to make it effective and operative on principle expressed in the ..... enumerated items of agricultural produce within the sweep of the legislature is not a principle of interpretation of the statute and the court cannot strike down the act on its basis.the inclusive definition in section 2(1)(a) under the caption animal husbandry products, cattle has been specified as ..... the establishment of market area and facilities and conveniences not available on the date of notification under the maharashtra agricultural produce marketing (regulation) act, 1964, the apex court observed at paragraph no. 15 as follows;it was also said that neither the gultekdi market nor the turbhe market had any convenience ..... in b.s. council of ayurvedic and unani medicine v. state of bihar : air 2008 s.c. 595 the apex court at para-24 held:in our opinion, where the legislature has used words in an act which if generally construed, must lead to palpable injustice and consequences revolting to the mind .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-10-2009
Reported in : 2009(5)ALT58
..... shall not give right to the exclusive use by the plaintiff of the expression steel and 'i' in circle. under section 17(2) of the trade marks act, 1999 when a trade mark contains any part (i) which is not the subject of a separate application by the proprietor for registration as a trade mark ..... condition of deposit of the amount, an appeal was filed by the first defendant before the supreme court in s.l.p.(civil) no. 18109 of 2007 and it was dismissed on 18-1-2008 by the supreme court without expressing any opinion on merits in view of subsequent event i.e., trial being proceeded in ..... notice of opposition on 27-5-2005 under sections 21(1), 64, 66, 73 and rules 47(1), 131(1) and 138(1) of trade marks act, 1999. the plaintiff became aware of the attempt to use the mark 'vizag' and symbol 'i' by the first defendant as a trade mark when it ..... 2001 and it is valid till march, 2007. the trade mark has been given initially by the registrar of the trade marks under trade and merchandise marks act, 1958. it is in respect of common metals and their alloys, metal building materials, transportable buildings of metal, materials of metal for railway tracks, nonelectric ..... ) having its steel plant at visakhapatnam, the plaintiff is a fully owned government of india undertaking, and is a company registered under the provisions of companies act, 1956, and it is popularly known as visakhapatnam steel plant and is india's most modern shore based integrated steel plant. the plaintiff's company has conceived .....Tag this Judgment!