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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: andhra pradesh Year: 2013 Page 1 of about 21 results (0.055 seconds)

Aug 30 2013 (HC)

N. Malla Reddy Vs. State of A.P. Rep., by Its Secretary, Re

Court : Andhra Pradesh

Decided on : Aug-30-2013

..... mademsetty satyanarayana v.g.yelloji rao22, associated hotels of india ltd.v.s.b.sardar ranjit singh23, jaswantsingh mathurasingh v. ahmedabad municipal corpn.24, sikkim subba associates v. state of sikkim25; krishna bahadur v. purna theatre26; state of punjab v. davinder pal singh bhullar27).in order to constitute waiver, there must be voluntary and intentional relinquishment of a right. ..... 03.06.2013, are being set aside, suffice it to leave it open to the petitioner to avail his legal remedies against the authorities and officials concerned for their alleged acts of interfering with the cours.of administration of justice. the writ petition is, accordingly, disposed of. the miscellaneous petitions pending, if any, shall also stand disposed of. ..... the cancellation or suspension of the licences are liable for compounding, but not the offences against whom the criminal cases are registered under section 36 (c) of the act. therefore, for this reason also, the licence of the fourth respondent cannot be restored.............". (emphasis supplied).observations made in judgments must not be read out of context ..... statute. (gurudevdatta vksss maryadit v. state of maharashtra13, manohar lal v. vinesh anand14).when the legislative intent is found specific mention and expression in the provisions of the act itself, the same cannot be whittled down or curtailed and rendered nugatory. (bharathidasan university v. all india council for technical education15).effect should be given to all the .....

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Jan 22 2013 (HC)

Md.Ammanu Allah Ghouri Vs. the Government of Andhra Pradesh Rep. by

Court : Andhra Pradesh

Decided on : Jan-22-2013

..... writ petitions, is not an exercise of statutory power, but is for violation of the "instructions". section 387-a of the municipalities act confers power on the government to issue instructions to any municipality. even if cancellation of the allotments by the municipal commissioner, is at the behest of the state government, the order of cancellation cannot be said to be an abdication of ..... and an empty formality. (state of u.p. v. om prakash gupta48; s.l. kapoor v. jagmohan49; u.p. junior doctors' action committee v. dr. b. sheetal nandwani50; municipal committee, hoshiarpur44; state of punjab v. jagir singh51; s.g.kotturappa40; p.d.agrawal v. state bank of india52; m.c.mehta v. union of india53; and viveka nand sethi v. chairman, j ..... the facts of the particular case. (chairman, board of mining examination and chief inspector of mines v. ramjee41; union of india v. tulsiram patel42; ecil v. b. karunakar43; municipal committee, hoshiarpur v. punjab state electricity board44). they are not required to be complied with when it would be an empty formality. (state bank of patiala v. s.k. sharma45; s.g. kotturappa40 ..... provision or to render it otiose. (m. pentiah v. muddala veeramallappa2; gammon india ltd. v. union of india3; mysore srtc v. mirja khasim ali beg4; v.tulasamma v. sesha reddy5; punjab beverages (p) ltd. v. suresh chand6; cit v. national taj traders7; calcutta gas co. (proprietary) ltd. v. state of west bengal8, j.k. cotton spg. & wvg. mills co. ltd. v .....

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Apr 23 2013 (HC)

Manoj Kumar Kanuga and 3 Others Vs. Marudhar Power Pvt. Ltd and 18 Oth ...

Court : Andhra Pradesh

Decided on : Apr-23-2013

..... so and it collapses automatically. a declaration merely declares the existing state of affairs and does not 'quash' so as to produce a new state of affairs. (pune municipal corporation56; and state of punjab v. gurdev singh57). it is only if a statutory provision, whether expressly or by necessary implication, requires such proceedings to be so held, can a court/tribunal ..... the affidavits on record as examination-in chief of the deponents and may summon them for being cross- examined as, under section 10(e) of the act, the clb is empowered to summon witnesses. (punjab distilling industries ltd.20; and m/s.ammonia supplies corporation private ltd.17; t.g. veera prasad25).39. the distinction between clauses a(ii) of ..... thereafter. if the date of presentation of the petition is taken as the relevant date, it could defeat the very purpose of the legislative enactment of section 397 of the act, as the overbearing majority shareholders can simply, by highhanded action and by oppressive methods, dismember the minority shareholders and leave them with no remedy, as the dismembered minority shareholders ..... the basic principles of justice and fairness. (sanjay cotton co. v. omprakash shioprakash76). (vi) section 399 share holding qualification to be satisfied is on the date on which the act of oppression took place:135. the requirement of qualification shares is relevant only at the time of institution of proceedings. (jawahar singh bikram singh private limited v. sharda talwar77; rajahmundry .....

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Mar 25 2013 (HC)

Dr.L.Sudhakar Vs. the Medical Council of India and Two Oth

Court : Andhra Pradesh

Decided on : Mar-25-2013

..... prevails at the date of its decision or at the date of filing of the appeal.11. sri srinivas, learned counsel for the petitioner, also relied on municipal committee, hoshiarpur v. punjab state electricity board, 4, wherein the apex court dealing with the conditions precedent for the exercise of the power under section 100 of the code of civil procedure ..... professional etiquette and ethics of the practitioners. the rules regulating the procedure at an enquiry under sections 15 and 17 of the andhra pradesh medical practitioners registration act 1968 or the act itself make no reference to the concurrent jurisdiction of the medical council of india under the 2002 regulations in this regard though the regulations apply throughout the ..... of physicians to their patients, duties of physicians in consultation, responsibilities of physicians to each other, duties of physician to the public and to the paramedical profession, unethical acts and misconduct, the punishment and disciplinary action were provided only in chapter-8 under regulation-8. these regulations refer to the state medical council/the medical council of india ..... that the rights of the parties are prescribed on the date of the institution of the suit and subsequent amendment would not affect the pending proceedings unless the amending act either expressly or by necessary implication gives retrospective effect to the amended provisions, made a distinction between an amendment dealing with the substantive rights of the parties which .....

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Jan 04 2013 (HC)

K. Raja Rao Vs. A.P. Industrial Development Corporation

Court : Andhra Pradesh

Decided on : Jan-04-2013

..... -barred. placing reliance on the decision of the privy council in hansraj gupta v. dehra dun mussoorie electric trampway co. ltd.6 and the decisions in new delhi municipal committee v. kalu ram7 and punjab natioinal bank v. surendera prasad sinha8 the supreme court interpreting the words 'amount due' in section 71 of the kerala revenue recovery ..... against the guarantor within the period of limitation the liability against him having been crystallized on 28.3.1990, the proceedings initiated against the petitioner under the revenue recovery act are barred by limitation and without jurisdiction. as already stated the supreme court in maharashtra state financial corporation v. ashok k. agarwal and others categorically held that the ..... from the industrial trust fund constituted under the hyderabad industrial trust fund rules, 1347 hizri. in the year 1965, the government initiated proceedings under the madras revenue recovery act to recover the dues. it was argued before the learned single judge that the industrial trust fund rules under which the appellant therein was granted loan did not provide ..... commenced for realization of the dues by sale of mortgaged properties within limitation. the further proceedings for realization of the balance amount by taking recourse to the revenue recovery act is only continuation of the process of recovery proceedings initiated earlier. therefore, the contention of the petitioner that the claim of the 1st respondent corporation against the company is .....

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Nov 19 2013 (HC)

Ayyagari Srinivas S/O Yugandhar Sharma a Vs. Government of Andhra Prad ...

Court : Andhra Pradesh

Decided on : Nov-19-2013

..... said rules, learned counsel submits that it is mandatory for the commissioner to notify the number of shops that can be established in a village/municipality/municipal corporation, conduct auction and grant licences insofar as retail outlets are concerned whereas in the rules governing bars, no such limitation is imposed. ..... fir cannot in all cases be tested with a reference to the entries made in the police station daily diary which is maintained under the punjab police rules. this avoidable controversy need not detain us any further since it is well settled that even a defect, if any, found in ..... 8.2010 is applicable to consider the applications of petitioners to grant licence to run a bar?.21. state legislature enacted the a.p. excise act, 1968 (act no.17 of 1961). the aim and objective to bring out legislation was to consolidate and amend the law relating to production, manufacture, possession ..... sale of intoxicating liquor and drugs, levy of duties of excise and countervailing duties on alcoholic liquor for human consumption etc. the provisions of the act were amended from time to time. it is a self contained code dealing with all aspects of excise in the state. an officer of the ..... the general or special orders of the government in this behalf, shall be the chief controlling authority in all matters connected with the administration of this act.17. grant of exclusive privilege of manufacture, etc.:- (1) subject to the provisions of section 28 and any rules made in this behalf, .....

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Jan 02 2013 (HC)

Kothamaram Nagi Reddy and 5 Others Vs. the Government of Andhra Prades ...

Court : Andhra Pradesh

Decided on : Jan-02-2013

..... in liquor is not a fundamental right. it is a privilege of the state. the state parts with this privilege for revenue considerations. (state of punjab v. devans modern breweries ltd25; kerala samsthana chethu thozhilali union14) potable liquor as a beverage is an intoxicating and depressant drink which is dangerous and ..... 17) (1993) 1 scc 44.18) (2011) 2 scc 57.19) 48 l e 20. (2008) 1 scc 68.21) (1989) 1 scc 8.22) (1911) 2 ch.1 23) (2006) 3 scc 62.24) (1995) 1 scc 57.25) (2004) 11 scc 2.26)(1994) 4 scc 10.common order: the ..... and retroactive operation, if power in this behalf is contained in the main act. the rule-making power is a species of delegated legislation. a delegate, therefore, can make rules only within the four corners thereof. no statute ..... in g.o.ms.no.390 dated 18.06.2012, it must be borne in mind that statutory rules are, ordinarily, prospective unless the parent act confers power on the rule making authority, either explicitly or by necessary implication, to make rules retrospectively. a subordinate legislation can be given retrospective effect ..... during the year 2012-2013. in its counter affidavit, the andhra pradesh beverages corporation limited (apbcl) would submit that it was incorporated under the companies act, 1956 on 23.07.1986 with the object of manufacturing, purchasing, importing, exporting alcohol and all other beverages suitable for human consumption; under rule 4 .....

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Aug 07 2013 (HC)

M/S.Durgawines, A4 Shop No.02, Nizamaba Vs. Govt. of A.P.Rep., by Its ...

Court : Andhra Pradesh

Decided on : Aug-07-2013

..... was deleted; rs.1,00,000/-, as stipulated earlier in rule 26, was substituted by rs.2,00,000/-; as a result all villages, towns, municipalities and municipal corporations, whose population exceeds 5000, are entitled for grant of a permit room licence on payment of the licence fee of rs.2,00,000/- for ..... in liquor is not a fundamental right. it is a privilege of the state. the state parts with this privilege for revenue considerations. (state of punjab v. devans modern breweries ltd12; kerala samsthana chethu thozhilali union v. state of kerala13).as the business of trading in intoxicating liquor is res extra commercium ..... and lay down a new policy. the court would, therefore, allow free play to the government to evolve policy in the public interest and to act thereupon. the petitioners have no vested or accrued right for issuance of permits nor is the government bound by its previous policy. the government is also ..... is exercised by law to ensure that the business of trading in liquor is carried on strictly in accordance with the provisions of the a.p.excise act, the rules made thereunder, and the terms and conditions of the licence granted in favour of the licensee. (commissioner of income tax, vijayawada v. ..... or directory, the subject-matter, the import of the provision, the relation of that provision to the general object intended to be secured by the act/rules will decide whether the provision is directory or mandatory. it is the duty of the courts to get at the real intention of the .....

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Jul 19 2013 (HC)

AkbaruddIn Owais Vs. the Govt. of A.P. Rep., by Its Principal

Court : Andhra Pradesh

Decided on : Jul-19-2013

..... in rejection of words, has to be avoided. (gwalior rayons silk mfg. (wvg.) co. ltd. v. custodian of vested forests127, shyam kishori devi v. patna municipal corpn128; a. r. antulay v. ramdas sriniwas nayak129; dental council of india v. hari prakash130, j.p. bansal v. state of rajasthan131 and state of ..... foundations. discoveries may be made by the police authorities at a subsequent stage and can also surface in another proceeding. (nirmal singh kahlon v. state of punjab: (2009) 1 scc441 babubhai v. state of gujarat : (2010) 12 scc254. (viii). even in cases where the first complaint is registered and investigation ..... if, upon receipt of proper information, another detailed fir is recorded, and the detailed fir is treated as the fir. (tapinder singh v. state of punjab (1970) 2 scc113 vikram v. state of maharashtra (2007) 12 scc332. (v). where, for an earlier period, there was an fir which was duly ..... 595 = (air1917cal 137) (fb) 71) air1970cal 110 72) air1937bombay 186 73) air (37) 1950 madras 823 74) (1921) 41 mlj44175) 1997 cri.l.j.43 (punjab & haryana hc) 76) air1959ker31177) (1999) 8 scc68678) 2004 cri.l.j.1576 (bombay hc) 79) 2005 crilj232480) 2010 cri. l.j.611 (kar) 81) 1978 ..... section 2(n) cr.p.c. or section 3(38) of the general clauses act, 1897. (proprietary articles trade association v. attorney general for canada64; thomas dana v. state of punjab65; jawala ram v. the state of pepsu (now punjab)66; and standard chartered bank v. directorate of enforcement67; s. khushboo v. .....

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Mar 01 2013 (HC)

The Commissioner and Director of Agricul Vs. M/S.Omkar Fertilizers Pvt ...

Court : Andhra Pradesh

Decided on : Mar-01-2013

..... the decision. in a given case whether there are such facts and circumstance giving rise to legitimate expectation, would primarily be a question of fact.20. as was observed in punjab communications ltd. v. union of india and ors. [(1999) 4 scc 72.= air 199.sc 1801], the change in policy can defeat a substantive legitimate expectation if it can ..... form d, in duplicate, together with a fee prescribed therefore under clause 36, to registering authority. provided that where the manufacturer of organic fertilizer is a state government or a municipality, it shall not be necessary for it obtain the certificate of manufacture: provided further that where the manufacturer of vermin-compost, other than a state government or ..... are monitored through the online web based "fertilizer monitoring system (fms)". 20% of the price decontrolled fertilizers produced/imported in india is in the movement control under the essential commodities act 1955 (eca) and department of fertilizers will regulate the movement of these fertilizers to bridge the supplies in undeserved areas.3. it is submitted that under the nbs policy, manufacturers ..... as framed above, are answered in the light of the rival contentions, as noted above.14. the fco, issued in exercise of power under section 3 of the essential commodities act, 1955, was issued with a view to regulating equitable distribution of fertilizers and making fertilizers available at fair price by notification in the official gazette, fixed minimum price or rates .....

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