Andhra Pradesh Court July 1986 Judgments
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Amarchand Shanna Vs. Union of India and ors.
Court: Andhra Pradesh
Decided on: Jul-25-1986
Reported in: AIR1988AP45
ORDER1. The Petitioner-Firm, M/s Amarchand Sharma building contractor, seek to issue a writ of mandamus declaring the acceptance of the tender of the 4th respondent by the Chief Engineer, M.E.S., South Zone, Madras respondent 2 herein, as illegal and void; and in turn to accept the tender of the petitioner for the construction of residential accommodation for D.A.D. staff and allied services at Secunderabad notified in February, 1985. 2. The relevant format of the case in brief is that the petitioner firm, as averred in the affidavit, are registered-as 'A' Class contractors 'in Southern Command. Various works have been taken up and completed since the year 1940. The 2nd respondent had earlier accepted the tenders of the petitioner-Firm up to Rs.83 lakhs for a single work and it was completed without any complaint. That apart is about eight contracts running- into several lakhs were also taken up and completed satisfactorily right up to 1982-83. It is well equipped Firm with all the tec...
iyluri Laxmi Subramanyam Vs. Batchu Viswanadham
Court: Andhra Pradesh
Decided on: Jul-24-1986
Reported in: AIR1988AP27
ORDER1. The petitioner is the judgment-debtor. A decree under O. 34, R. 4 of the Civil P.C. (for short 'the Code') was passed for the sale of hypothecated property. The respondent is bringing the same property to sale. The petitioner filed an application under O.21, R. 83 of the Code to raise the attachment to the extent of item No. 1 E P. Schedule, namely Acs. 4.08 cents so as to enable him to sell the property privately and deposit the F-P. amount. The application was dismissed by the Executing Court on the ground that if permission is granted, it would cause unnecessary delay in execution. Assailing the legality thereof, the present, C.R.P. has been filed. 2. Sri C. Ananda Reddy the learn counsel for the petitioner contended that O. 21, R. 83 of the Code gives specific powers to the court to specify the period within which a private sale can be negotiated and finalised and the lower Court has committed error of jurisdiction in refusing to accord permission for private sale. 3. Sri V...
Registrar of Chits (Sub-registrar), Registration Department Vs. Y.V. P ...
Court: Andhra Pradesh
Decided on: Jul-23-1986
Reported in: [1988]63CompCas854(AP)
K. Ramaswamy, J.1. The petitioner is the Registrar. The lower court directed attachment of a sum of Rs. 12,500 lying with the petitioner which was offered as a security by the judgment-debtors by operation of section 12 of the Andhra Pradesh Chit Funds Act (9 of 1971), for short 'the Act'. Assailing the legality thereof, the Registrar filed this revision petition. The facts not in dispute are these: The first judgment-debtor is the chit fund company and the second respondent is its branch manager. They have conducted a chit under the Act with forty members. The chit was for Rs. 25,000. A sum of Rs. 12,500 was deposited as security which was attached. Section 12 of the Act in Chapter III postulates the duties of the foreman thus : '12. Security to be given by the foreman. - (1) For the proper conduct of the chit, every foreman shall, before applying for the certificate of commencement under section 7, - (a) execute an indenture of mortgage and trust in favour of the Registrar as truste...
D. Krishna Sachi Vs. Y. Vijay Lakshmamma and anr.
Court: Andhra Pradesh
Decided on: Jul-22-1986
Reported in: AIR1988AP60
ORDER1. The petitioner is the decree -holder. She obtained a money decree in O.S. No. 71 of 1979 dt. 5,ept. 6,1979 from the High Court of Madras. Before decree, admittedly there was an attachment before judgment of the schedule mentioned properties i.e.. the state of the decree -debtor Y. C. Reddy sought to be executed against and the attachment was made absolute. After the decree was passed, it was treated for execution and the Cl. (1) of the decree Postulates the recovery of decretal amount of Rs.1,65,500/- and interest at 10% from the state of the deceased debtor, Y. C. Reddy in the hands of the first defendant, V. Madhava Rao and defendants 3 and 4 who are de facto Possessors of the estate of Y. C. Reddy. As a result, the petitioner filed E. P. No. 26 of 1984 in the Court of V Additional Judge, City Civil Court, Hyderabad. Pending execution, the fourth judgment-debtor, the mother of the deceased V. C. Reddy died on May, 5, 1984 and that fact was intimated by memo filed by her couns...
The Competent Authority, Special Deputy Collector, Land Acquisition (D ...
Court: Andhra Pradesh
Decided on: Jul-22-1986
Reported in: AIR1988AP208
Jeevan Reddy, J.1. These four appeals are preferred by the State under S. 11 of the Requisitioning and Acquisition of Immoveable Property Act, 1952. Civil Miscellaneous Appeal No. 415/1980 arises from Arbitration Case No. 4/75 pertaining to Ac.10.21 guntas in survey No. 165 at Alwal village. Civil Misc. Appeal No. 416/1980 arises from A.c.3/75 pertaining to A.c. 8.09 guntas in survey No. 164. Civil Misc. Appeal No. 417/80 arises from A.C. 1/75 pertaining to Ac. 3.09 guntas in survey No. 162 and Civil Misc. Appeal No. 418/80 arises from A. C.2/75 pertaining to Ac. 7.17 guntas in survey No.163. All these four survey numbers are adjacent to each other. Indeed they form a contiguous block. 2. These lands concerned were requisitioned under the Act in 1966. Acquisition proceedings were commenced in 197 1. The competent authority offered to pay compensation at the rate of Rs.9.50ps. per square yard, to which however, the claimants were not agreeable. In A.C. Nos. 1, 2 and 4/7 they claimed at ...
Togendranath Raj and anr. Vs. State Bank of India
Court: Andhra Pradesh
Decided on: Jul-18-1986
Reported in: [1988]63CompCas405(AP)
Jeevan Reddy, J. 1. Two questions of law arise in this appeal, namely : Whether the expressions 'agriculture' and 'agriculturist' in their ordinary sense include 'horticulture' and 'horticulturist'? Whether section 21A of the Banking Regulation Act, 1949, which came into force with effect from June 21, 1984, applies to appeals pending on that date 2. Section 21A declares : 'Not withstanding anything contained in the usurious Loans Act, 1918, or any other law relating to indebtedness in force in any State, a transaction between a banking company and its debtor shall not be reopened by any court on the ground that the rate of interest charged by the banking company in respect of such transaction is excessive.' 3. Factual matrix : Defendants are the appellants. The respondent, State Bank of India, filed a suit for recovery of a sum of Rs. 2,35,927.86 with interest at the rate of 14% per annum on the said amount from the date of suit till realisation. The bank's claim, in short, is the fol...
St. Marry's Cashew Factory Vs. Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Jul-16-1986
Reported in: [1988]69STC244(AP)
P.A. Choudary, J. 1. The petitioner is a businessman of Kerala dealing in raw cashewnuts and having a factory in Tamil Nadu and purchasing raw cashewnuts in Andhra. While the petitioner was transporting by road on lorry, TNK 6778, raw cashewnuts which he had purchased in Andhra without paying purchase tax, the lorry was intercepted, seized and detained at Nellore on 21st September, 1984 by the commercial tax authorities. The authorities had seized the goods on the ground that the goods have not suffered purchase tax. It is never in dispute that the first purchase of raw cashewnuts was subject to payment of purchase tax and that these purchases made by the petitioner from Andhra are liable to payment of such tax, and that no tax has been paid on them. The petitioner, therefore, applied to the authorities in writing expressing 'his willingness to pay the tax due on the above load and the penalties levied by your department as per the provisions of the Act'. But the authorities did not re...
Someswara Cement and Chemicals Limited and anr. Vs. Government of Andh ...
Court: Andhra Pradesh
Decided on: Jul-15-1986
Reported in: [1991]82STC325(AP)
Raghuvir, J. 1. Someswara Cement and Chemicals Limited was registered on July 4, 1980. The company obtained the licence on June 10, 1980 to manufacture cement. The management of the company placed orders in May, 1981, for plant and machinery. The factory was ready in November, 1981. The company's production commenced on March 17, 1983. The total investment of the company is Rs. 5.9 crores. The factory is at Ippalnegaon in a tribal village in the scheduled area of Asifabad taluk, Adilabad district. The issue raised by the company in the writ petition relates to payment of sales tax for five years from March 17, 1983. The case of the company is they are not liable to pay sales tax for five years from the date of the commencement of production, that is from March 17, 1983. 2. The company now is served a show cause notice on August 28, 1984 to state exemption ordered by the relevant notifications issued under section 9 of the Andhra Pradesh General Sales Tax Act, 1957, is inapplicable to t...
Mcdowell and Company Limited Vs. Commissioner of Commercial Taxes, Gov ...
Court: Andhra Pradesh
Decided on: Jul-08-1986
Reported in: [1987]67STC436(AP)
K. Bhaskaran, C.J.1. Various questions of law pertaining to the inclusion of excise duty, paid or payable by the manufacturer, in the turnover for the purpose of sales tax have been advanced by the counsel for the petitioner. We have heard the Government Pleader on behalf of the respondent. We have in our judgment dated 28th February, 1986 in W.P. Nos. 10181 of 1983 etc., batch (Raj Sheel v. State of Andhra pradesh (Since reported at , after referring to the decisions of the Supreme Court, in particular to McDowell & Co. Ltd. v. Commercial Tax Officer : [1985]154ITR148(SC) and Hindustan Sugar Mills Ltd. v. State of Rajasthan [1979] 43 STC 13, in the penultimate para stated as follows : 'Referring to various earlier decisions of the Supreme Court in particular the one rendered in Hindustan Sugar Mills Ltd. v. State of Rajasthan : [1979]1SCR276 , the learned Judges observed that the excise duty would form part of the turnover and was exigible to tax. It is, however, submitted by the lear...
Tahera Sayeed Vs. M. Shanmugam and ors.
Court: Andhra Pradesh
Decided on: Jul-01-1986
Reported in: AIR1987AP206
1. The petitioner is possessed of the house bearing No. 10-2-287/1 in A. C. Guards, Santhinagar, Hyderabad which respondent 3, Periaswamy purchased in two portions, A portion in the name of his wife and daughter (respondents 4 and 5) and B portion in his name, under two sale-deeds dated March 31, 1978 and July 15, 1979, respectively. It is the case of the petitioner that the cheques issued by Periaswamy as consideration for the sale of B portion house were bounced and thus received no consideration; thereby Periaswamy played fraud on her. On demand, Periaswamy surrendered possession of the B portion under Ex. A-4 affidavit dated September 4, 1980. The petitioner laid the suit, O. S. No. 1307/80 which was renumbered as O. S. No. 306/82 in the Court of the Addl. Chief Judge, City Civil Court, Hyderabad, to declare that the sale as invalid or for specific performance. He also filed I.A. 1492/80 against Periaswamy for ad interim injunction restraining him from interfering with her possessi...
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