Andhra Pradesh Court September 1982 Judgments
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Brooke Bond India Ltd. Vs. Union of India and ors.
Court: Andhra Pradesh
Decided on: Sep-24-1982
Reported in: 1984(3)ECC107; 1984(15)ELT32(AP)
Sirimulu, J. 1. This appeal is directed against the order of our learned brother Jeevan Reddy. J. dated 12-10-1979 passed in W.P. No. 1615/1978, dismissing the petition for the issuance of a writ of mandamus, restraining the Central Excise authorities and the Central Government from levying and collecting excise duty on 'Coffee-Chicory Mixture'. 2. The appellant herein M/s. Brooke Bond India Ltd., was the petitioner in the Writ Petition. The petitioner-company has 33 Area sales offices and seven Factories in different parts of India, including the factory at Ghatkesar, Ranga Reddy District and is represented by its Factory Manager. The petitioners carry on the business of selling among other items 'Coffee-Chicory Mixture'. The activities of the petitioners consist of purchasing coffee seeds, roasting and grinding them and preparing coffee powder out of those seeds by mechanical process involving consumption of power. The petitioners also purchase chicory-roots and then they are subject...
M. Kundanmal JaIn Vs. Collector of Central Excise, Guntur and ors.
Court: Andhra Pradesh
Decided on: Sep-24-1982
Reported in: 1984(3)ECC224; 1983(14)ELT2340(AP)
ORDER1. The petitioner is a licensed dealer in Gold. He deals in Gold Jewellery with his shop situated and licensed at Nellore. The petitioner does business in Gold Jewellery not only from his licensed premises at Nellore, but also from outside. 2. On 2-8-1982, he made out voucher No. 27 in respect of 495 pieces of Gold Jewellery weighing 1891.300 grams for sale outside his licensed premises of Nellore. An entry to that effect was made as required in form No. G.S. 12 accounts on 2-8-1982 itself. Two days thereafter, on 4-8-1982, he took out 66 pieces of Gold Jewellery weighing 412.300 grams under voucher form No. 28. Out of the above 561 pieces of gold jewellery weighing 2303.400 grams the petitioner sold 6 pieces of gold jewellery on 6-8-1982 at Kakinada under voucher No. 7 dated 6-8-1982 to a licensed dealer. When the petitioner with the remaining 555 pieces of gold jewellery weighing 2283.400 grams was found at Godavari Railway Station, the Superintendent, Central Excise, Preventive...
Nandanam Construction Company and ors. Vs. Assistant Commissioner (int ... Overruled
Court: Andhra Pradesh
Decided on: Sep-24-1982
Reported in: [1983]53STC42(AP)
Chennakesav Reddi, J. 1. In these writ petitions, the constitutional validity as well as the scope and ambit of section 6-A of the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the Act'), fall for consideration. 2. The facts and circumstances giving rise to the question in one of the cases may be broadly stated to get a proper perspective of the question. We shall take up the facts in W.P. No. 2036 of 1982. 3. The petitioners, M/s. Nandanam Construction Company, are a partnership firm. They are builders of ownership flats in Hyderabad. They buy building materials such as sand, bricks, granite and metal from persons other than registered dealers. Iron, steel, cement, hardware goods, timber, electrical goods, etc., purchased from registered dealers have suffered tax at the first sale, while the purchases of building materials such as sand, bricks, etc., from unregistered dealers have not suffered tax. 4. While so, the Assistant Commissioner of Commercial Taxes, ...
The Begum Bazar Fish Market Association Vs. the Municipal Corporation ...
Court: Andhra Pradesh
Decided on: Sep-24-1982
Reported in: AIR1983AP278
Chennakesav Reddi, J.1. This is an appeal preferred against the order of our learned brother P.A. choudary J., by the petitioner in W.P. No. 937 of 1981. By which the writ petition was dismissed.2. The relevant facts that resulted in the filing of the writ petition are these the petitioner is the Begum Bazar Fish Marchants association. All the members of the Association are fishmongers. They have their shops in the Begum Bazar market. They have been granted licences by the commissioner of the Municipal corporation of hyderabad to sell fish in the stalls in the Municipal market the municipal market at Begum Bazar has 39 stalls the market belongs to the hyderabad Municipal corporation and the market is meant exclusively for the sale of wet fish. The Municipal corporation of Hyderabad, maintains some other markets for the sale of wet fish. They are located in secunderabad Nizam shahi Road Nimboli adda panja Gutta etc.3. The Hyderabad Municipal corporation levies different rates of stallag...
Andhra Pradesh Co. Ltd., Vijayawada Vs. Andhra Pradesh State Electrici ...
Court: Andhra Pradesh
Decided on: Sep-24-1982
Reported in: AIR1983AP263
ORDER1. The Andhra pradesh state electricity Board issued B.P. Ms. No. 607. Commercial dated 21st of July, 1981. The validity of those proceedings is now assailed in this batch of writ petitions by several industrial concerns. The facts that give rise to this litigation are common to all the writ petitions and the questions of law that call for adjudication are also substantially the same the facts in one case are almost similar to the facts in any other case it is not therefore necessary to refer to the facts in each individual case separately. I therefore set out the facts in writ petition No. 1655/82 filed by the Andhra Cement Limited vijayawada.2. The Andhra pradesh state Government acting under the Electricity supply Act, 1948 (hereinafter called the supply Act) constituted the Andhra pradesh state Electricity board (hereinafter called the board). The Board so constituted in law is a statutory corporation. It is a state authority conferred with statutory powers that empower it to ...
Mehrunnisa Begum and ors. Vs. Shaik Chand Bi and ors.
Court: Andhra Pradesh
Decided on: Sep-23-1982
Reported in: [1985]58CompCas197(AP)
Seetharam Reddy, J.1. The substantial questions of law which are to be answered in this second appeal are : '(1) Whether Ex. A-1 is a promissory note which is negotiable or is only a collateral security. (2) Whether the endorsement of transfer, Ex. A-2, is valid and confers any right on the plaintiff (3) Whether the plaintiff is a holder in due course (4) Whether Ex. A-1 can be enforced de hors the liability of the chit fund company to run the chit for the full period 2. The brief facts which give rise to this second appeal may be set out. The defendants are the appellants and the plaintiff is the respondent. On December 3, 1969, the defendants executed a promissory note in favour of M/s. Safire Trading Co. ('chit fund company', for short) and received consideration undertaking to repay the same with interest at 12 percent. per annum. The said promissory note was transferred for consideration to the plaintiff on September 30, 1972, who filed a suit against the defendants as they commit...
Barnikana Appalanaidu and ors. Vs. Barnikana Appayyamma
Court: Andhra Pradesh
Decided on: Sep-15-1982
Reported in: AIR1983AP177
1. An extent of Ac. 0. 62 cent's in T.s. No. 807-2l of Anakapalle town was subject matter of land acquisition in respect of which the land acquisition officer made his award no. 81/ 76 Dt. 6-8-1976. During the award enquiry there was a dispute regarding the compensation, between the respondent (8th claimant) who is the owner of the land and the appellants (claimant 3 to 5) in whose favour the respondent and two others executed the sale agreement Ex. B-3 dated 14-5-1975 agreeing to sell the property to them for Rs. 5,800/- and the appellants have taken possesion of the property in terms of the said sale agreement Ex. B-3. The respondent disputed the truth of Ex. B-3 agreemtn. In view of the dispute regarding the entitlement of the parties to receive the compensation amount of Rs. 17,254-55 ps., the land acquisition officer made the reference to the civil Court under S. 30 of the land acquisition. Act. That reference was tried by the II addl. Subordinate Judge, visakhapatnam, in O.P. No....
Savitru and Company Vs. Government of India and ors.
Court: Andhra Pradesh
Decided on: Sep-11-1982
Reported in: 1984(3)ECC367; 1983(13)ELT900(AP)
1. Messrs. Savitru & Company, Kakinada, is the clearing and Forwarding Agent for the Ministry of Food and Agriculture, Government of India, at the Port of Kakinada. The Government of India chartered the ship 'S. S. AKIKO' for importing Urea fertilizers into the country. As Clearing and Forwarding agents of the Government of India, Messrs. Savitru and Company has to arrange for the conveyance of the goods delivered to the Lighters alongside to the Wharf. Messrs. D.S. Narayana and Company, Kakinada, who are the agents for the Ship 'AKIKO' at Kakinada. The vessel 'Akiko' called at Kakinada port on 3-1-1967. The ship discharged her cargo from 17-1-67 to 2-2-67. Thereafter, the ship sailed away from Kakinada. The ship was permitted to leave the port on the basis of an undertaking given by Messrs. Savitru and Company making it liable for the performance of all the obligation to be performed by the Master of the Ship 'Akiko'. According to the Manifest, the Master had to deliver certain amount...
A. Rama and anr. Vs. the Katiya University and ors.
Court: Andhra Pradesh
Decided on: Sep-09-1982
Reported in: AIR1982AP476
Ramachandra Rao, J.1. These three writ appeals are preferred against the order of our learned brother, Chenakesav Reddy, J., dismissing the three writ petitions viz. 2727/28, 3159/82 and 4427/82 filed by the appellants herein seeking the issue of a writ of mandamus directing the respondents to admit them in M .A. English course in the University College of Kakatiya University, Vidyaranyapuri, Warangal, for the academic year 1981-82.2. The relevant facts are as follows : The notification dated 25-7-1981 of the principle , University College, Kakatiya University, Warangal, called for applications for the Entrance Examination for admission to M .A., M. Sc., M. Com. courses for the academic year 1981-82. In the application forms the eligibility rules for admission to M. A. /Telugu English course provide as follows:-'Must have secured 40% marks in the concerned subject (language) under Part II or 50% marks under Part I. B. O. L. degree-holders having passed B. A., General English are also e...
M. Mohan Reddy and ors. Vs. Government of Andhra Pradesh, Hyderabad an ...
Court: Andhra Pradesh
Decided on: Sep-07-1982
Reported in: AIR1983AP163
ORDER1. These writ petitions raise the question relating to the constitutional validity of R. 5 (4) of the Rules for Admission to post Graduate courses in the Medical colleges in the state (hereinafter referred to as the Rules).2. The petitioner have passed their MBBS examination They appeared for the entrace examination conducted by the Director of Medical Education in Sept. 1981 for the purpose of admission to the post Graduate medical courses. On the basis of the results of the entrame test, the first petitioner in W.P. No. 4650 of 1982 was admitted int he Diploma course in Opthalmology the second petitioner secured admission in the Diploma course in Medical Radiology and Diagnosis. The petitioner in W.P. No. 5046 of 1982 was admitted to the Diploma course in child health. They joined the said Diploma courses.3. The state Government issued G.O. Ms. No. 436 M&H; dated 26-5-1982 in-corporating the rules for admission to post Graduate medical courses in the Medical colleges in the stat...
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