Andhra Pradesh Court March 1981 Judgments
Sri Rama Engineering Contractors Vs. Construction Engineer, Civil Engi ...
Court: Andhra Pradesh
Decided on: Mar-27-1981
Reported in: AIR1981AP165
P.A. Choudary, J.1. This writ appeal is against an order of our learned brother Gangadhara Rao, J., dismissing the petitioner's writ petition filed seeking a declaration from this Court that the acceptance of the tender of the second respondent-Con-tractor to construct a group of houses at Sulurpet for housing the employees of the Space Project at Sriharikota by the Construction Engineer of Sriharikota Space Organization, the first respondent herein is illegal and an order directing the first respondent to consider the tenders opened on 21-1-1980 and to accept the petitioner's tender.2. Construction Engineer, Civil Engineering Division, Department of Space, Government of India, Sriharikota, Nellore, invited sealed tenders for the construction of 'D' and 'E' types of quarters for housing those working in the Space Project at Sriharikota. The officially estimated cost of construction of these homes was around Rs. 11,87,000/-.The petitioner which is a firm of contractors offered through i...
Tag this Judgment!Mustafa HussaIn Vs. Union of India (Uoi) and anr.
Court: Andhra Pradesh
Decided on: Mar-27-1981
Reported in: AIR1981AP283
Jayachandra Reddy, J.1. The Parliament, in furtherance of the directive principles enshrined in Article 39(b) of the Constitution of India, enacted the Esso (Acquisition of Undertakings in India) Act, 1974, the Burmah Shell (Acquisition of Undertakings in India) Act, 1976 and the Caltex (Acquisition of Shares of Caltex Oil Refining (India) Ltd. and of the Undertakings in India of Caltex (India) Ltd.) Act, 1977, hereinafter referred to as the Esso Acquisition Act', 'the Burmah Shell Acquisition Act', 'The Caltex Acquisition Act', respectively. The main object underlying each of these Acts is to acquire the right, title and interest of the three major oil companies carrying on in India the business of distributing and marketing petroleum products with a view to subserve the common good. As per some of the provisions which are common to each of these Acts, the right, title and interest of each of the oil companies in relation to its undertaking in India stood transferred and vested in the...
Tag this Judgment!Shaik Layak Vs. the State
Court: Andhra Pradesh
Decided on: Mar-26-1981
Reported in: 1981CriLJ954
ORDER1. This is a petition under section 482, Cr.P.C., for quashing the conditions imposed in a bail order passed by the X Metropolitan Magistrate, Hyderabad. The petitioner is the accused in Crime No. 142 of 1980 of Boinpali Police Station, which is within the jurisdictional limites of the XI Metropolitan Magistrate. He was arrested by the Boinpalli Police and was produced before the X Metropolitan Magistrate on 27-10-1980, who was then in-charge of the XI Metropolitan Magistrate's Court for being remanded to judicial custody. It was stated by the Police in the remand report that the petitioner admitted having committed the offence under section 379, Indian Penal Code, in Crime No. 122 of 1980 of the Boinpalli Police Station and that on interrogation he confessed to his having committed a number of pick pocketing offences. It was further alleged that the petitioner stated that he disposed of the properties concerned in those pick pocketting offences at Warangal, Vijaywada and Guntur a...
Tag this Judgment!Sahebzadi Amina Marzia Vs. Syed Mohd. HussaIn and ors.
Court: Andhra Pradesh
Decided on: Mar-25-1981
Reported in: AIR1981AP340
Madhava Rao, J.1. This revision is placed before us on a reference made by our learned brother, Muktadar, J., by order dated 29th Jan., 1981 as an important question of law is involved in the matter.2. The parties are described in this judgment as they were arrayed in the petition. The facts relevant for disposal of this revision are as follows: Sahebzadi Fatima Fouzia and Sahebzadi Amina Marzia, the grand-daughters of His Exalted Highness the Nizam, are respondents 1 and 2 in the petition. The 3rd respondent is the Wealth Tax Officer, Central Circle III, Hyderabad.3. His Exalted Highness the Nizam VII of Hyderabad executed on 4th Sept., 1951 an Indenture of Trust known as 'Wedding Gifts Trust of H.E.H, the Nizam's two grand-daughters' whereby he settled jewellery and ornaments specified in the first and second schedules and 3 per cent Government of India securities of the face value of Rs. 50,000, Rs. 1,25,000, Rs. 1,25,000 and Rs. 25,000 specified in the third, fourth, fifth and sixt...
Tag this Judgment!P. Surya Rao Vs. Hanumanthu Annapurnamma and ors.
Court: Andhra Pradesh
Decided on: Mar-23-1981
Reported in: 1981CriLJ1191
ORDERMadhusudan Rao, J.1. This is a petition under Section 482 Cr.P.C, for quashing the proceedings including the committal order in P.R.C. No. 2 of 1980 on the file of the Judicial First Class Magistrate's Court, Narasannapeta. The petitioner is the 4th accused in the case.2. The facts, which led up to this petition, are as follows: Hanumanthu Annapurnamma, the first respondent herein, gave a report to the Village Munsif alleging that on 3-3-1979 her husband, Surya Prakasarao, was done to death that morning by Metta Dela-rao. Metta Kamesam and Chintada Sreeramulu. The Village Munsif in turn sent the report of Annarjuxnarnma along with his report to the concerned Police Station at Kotabommali. The S.I. of Police, Kotabommali registered a case and investigated into the same. During investigation he held inquest over the dead body of the deceased on 4-3-1979. After the inquest he sent the dead body of Suryaprakasa Rao to the Taluk Hospital. Tekkali for post-mortem examination. The petiti...
Tag this Judgment!Chairman, Andhra Pradesh Welfare Fund Vs. Commissioner of Income-tax, ...
Court: Andhra Pradesh
Decided on: Mar-19-1981
Reported in: [1983]143ITR82(AP)
Alladi Kuppuswami, C.J. 1. In this case, the Andhra Pradesh Welfare Fund, Eluru, had filed a 'nil' return declaring its status as a registered body. The ITO, Eluru, pointed out that there was no status of a registered body under the I.T. Act. The assessee was asked to give its correct status. The assessee filed a reply stating that it was a branch of the Andhra Pradesh Welfare Fund, Hyderabad, and it was not liable to pay income-tax for the relevant assessment years 1971-72 and 1972-73. It was also stated that the Andhra Pradesh Welfare Fund was granted an exemption certificate under s. 88 of the I.T. Act by the Commissioner of Income-tax and the assessee, being only a branch of the parent body, was also entitled to such exemption. The ITO held that the assessee was not a branch of the Andhra Pradesh Welfare Fund. He also held that the assessee could not rely upon s. 12 of the I.T. Act as the contributions received by the fund were not voluntary, and, secondly, they were not wholly for...
Tag this Judgment!The Hamali Co-operative Labour Contract Society Ltd. Vs. K. Venkatiah ...
Court: Andhra Pradesh
Decided on: Mar-19-1981
Reported in: AIR1981AP391
ORDERMadhusudan Rao, J.1. This revision is directed against the order of the learned Subordinate Judge, Warangal, in I. A. No. 282 of 1980 in O. S. No. 119 of 1979 on the file of his Court. The petitioner is the 1st defendant in the suit. The 1st respondent herein is the plaintiff who instituted the suit for recovering a sum of Rs. 64,337-56 with interest against the petitioner and the 2nd respondent. The petitioner is the Hamali Cooperative Labour Contract Society Ltd, Warangal, represented by its President. The 2nd defendant in the suit is the Chairman of the Society. After instituting the suit, the plaintiff filed I. A. No. 282/80 under Order 38, Rule 5, C. P. C. praying the Court for attachment of the bills of the 1st defendant worth Rs. 70,000/- and lying to the credit of the 1st defendant in the office of the Senior Regional Manager, Central Warehousing Corporation, Hyderabad.Along with the application he filed an affidavit stating that after he filed the suit the 1st defendant w...
Tag this Judgment!Gangina Veera Venkamma Vs. M. Venkataramayya
Court: Andhra Pradesh
Decided on: Mar-17-1981
Reported in: AIR1981AP199
ORDER1. The all too familiar question whether absence of an advocate is a sufficient cause within the meaning of Order 9, Rule 13 of Civil Procedure Code for setting aside an ex parte decree arises in this plaintiff's revision petition.2. Civil Procedure Code all through-out its provisions attempts at achieving a delicate balance between the rights and interests of the parties before the Court and at maintaining a proper proportion between the need to hurry justice without burying it. No wonder in this tight rope-walking it falls between the two stools, pleasing none and paining all. Several are the Court decisions interpreting Order 9, Rule 13 C. P. C. Indeed it is difficult to find any fresh ground upon which to stand. So much has been trampled down by armies of conflicting words. And vet peace has not come to this poor Section of the Civil Procedure Code.3. The plaintiff in O. S. 30/67 had obtained a decree some time in the year 1973. The decree was for possession and mesne profits....
Tag this Judgment!Sri Vijaya Cotton Traders and ors. Vs. State of Andhra Pradesh and ors ...
Court: Andhra Pradesh
Decided on: Mar-13-1981
Reported in: AIR1981AP203
Alladi Kuppuswami, C.J.1. The petitioners in these Writ Petitions are merchants carrying on business in various parts of Andhra Pradesh. The main prayer in these Writ Petitions is to declare the Notification dated 21-1-1978 published in the Andhra Pradesh Gazette dated 23-2-1978 as null and void and to direct the concerned Market Committees not to collect market fees at the rate of 1% in respect of all notified commodities under Section 12 (1) of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966, (referred to in this judgment as the Act) read with Bye-law No. 24 (1) of the Bye-laws of the Market Committee.2. Under Section 12 of the Act, the market committee shall levy fees on any notified agricultural produce, livestock or products of livestock purchased or sold in the notified market area at such rate, not exceeding one rupee, as may be specified in the Bye-laws for every hundred rupees of the aggregate amount for which the notified agricultural produce, livest...
Tag this Judgment!Reserve Bank of India Employees Association and anr. Vs. the Reserve B ...
Court: Andhra Pradesh
Decided on: Mar-12-1981
Reported in: AIR1981AP246
ORDER1. The two petitioners before me are defendants 5 and 6 in O. S. No. 3623 of 1980 on the file of the Second Assistant Judge, City Civil Court, Hyderabad. They along with some others, apprehending that the plaintiffs in the aforesaid suit might apply for grant of an injunction against them re-straining them from holding any meeting on Staging any demonstration or resorting to any other form of direct action by playing musical instruments, beating of drums, using microphones, etc., within the premises of the Reserve Bank of India, Hyderabad branch, lodged a Caveat under Section 148-A of the Civil Procedure Code with the City Civil Court. This lodgment was done on 1st Oct., 1980. The caveat so lodged was numbered as 47 of 1980. Thereafter, the two petitioners gave notice on 8-10-1980 to the plaintiffs informing them that a Caveat had been entered against any application that the plaintiffs might move affecting the petitioners. On 27-10-1980, the plaintiffs served the two Caveators co...
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