Andhra Pradesh Court September 1988 Judgments
Government of Andhra Pradesh and anr. Vs. Bhadrachalam Paper Boards Lt ...
Court: Andhra Pradesh
Decided on: Sep-30-1988
Reported in: (1991)ILLJ115AP
Jeevan Reddy, J.1. Writ Petitions Nos. 465 of 1982 and 5595 of 1981, form which these two writ appeals arises, were allowed by the learned single judge following his judgment in W.P. No. 786 of 1981, dated February 4, 1983. These writ petitions were filed by (1) Bhadrachalam Paper Boards Ltd., and (2) Andhra Steel Corporation, respectively, for quashing certain notifications issued under Section 10 of the contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'the Act'). 2. G.O. Ms. No. 792 dated July 19, 1977 and G.O. Ms No. 287 dated May 7, 1981 were issued by the Government of Andhra Pradesh abolishing contract labour in certain processes and operations in Bhadrachalam paper Boards Ltd. The validity of these G.Os was challenged by the said company in W.P. No. 465 of 1982. By G.O. Ms. 375, dated June 5, 1981 issued under Section 10 of the said Act, the Government abolished contract labour in certain processes and operations in Andhra Steel Corporation. Visak...
Tag this Judgment!Vishal Beer and Wines Vs. Commercial Tax Officer, Tirupathi and anr.
Court: Andhra Pradesh
Decided on: Sep-29-1988
Reported in: [1989]74STC375(AP)
Yogeshwar Dayal, C.J.1. By this petition the petitioner has challenged the vires of section 30-C of the A.P. General Sales Tax Act as being ultra vires the powers of the State Legislature as conferred by entry 54, List II of the Seventh Schedule to the Constitution. The order of forfeiture passed under section 30-C of the A.P. General Sales Tax Act is also challenged. So far as the merits of the question are concerned, the petitioner has a right of appeal under the Act and the appellate authority is the proper forum to decide whether the case falls under section 30-C or not. It is not appropriate for this Court to go into the merits of the case under article 226 of the Constitution of India, when there is the alternate remedy of appeal. So far as the validity of section 30-C is concerned, the ratio decidendi of the decision of the Supreme Court in Kasturi Lal Harlal v. State of U.P. : [1987]1SCR86 is adverted to. In that decision the Supreme Court has specifically held that providing p...
Tag this Judgment!Bhadrachalam Paperboards Limited and anr. Vs. Government of Andhra Pra ...
Court: Andhra Pradesh
Decided on: Sep-28-1988
Reported in: [1989]75STC262(AP)
Jeevan Reddy, J.1. The petitioner in this writ petition - Bhadrachalam Paperboards Limited - is asking for the issuance of a writ of mandamus 'declaring the action of the respondents in demanding payment and the collection of sales tax from the petitioner-company on royalty and extraction charges paid for bamboo and hardwood supplied to the petitioner-company from 1978-79 onwards as illegal, null and void and for a consequential order directing the respondents to refund the amounts collected from the petitioner-company so far and for not collecting the same in future'. The respondents in the writ petition are Government of Andhra Pradesh represented by its Secretary, Forests and Rural Development, Hyderabad and other officials of the Forest Department as well as the Commissioner of Commercial Taxes, Government of Andhra Pradesh, Hyderabad. The petitioner entered into an agreement with the State Government for supply of bamboo and hardwood from the Government forest on certain terms and...
Tag this Judgment!R.P.S. Junior College, Mydukur and ors. Vs. R. Vaidyanatha Iyer
Court: Andhra Pradesh
Decided on: Sep-26-1988
Reported in: AIR1989AP96
ORDER1. This bunch of cases gives birth to constitutional questions of far-reaching consequences entwined with contempt for disobedience to writs of Mandamus issued by this Court.2. The indisputable facts are: that preceding the Andhra Pradesh Education Act (Act 1 of 1982), the Grant-in-Aid Code (Executive Instructions) was in vogue; the Government prescribed the procedure to establish private educational institutions; conditions for recognition and of the eligibility to grant-in-aid. Those conditions have been statutorised under Section 21 thereof. On their fulfilment the educational institutions become eligible for admission to grant-in-aid. G.O. Ms. No. 725, Education dt. July 7, 1977 directed to admit all the institutions started prior to April 4, 1977 to grant-in-aid in a phased manner between 1977 and 1980. The Government, in G.O. Ms. No. 238, Education dt. May 27, 1986 issued orders directing that the schools started on or after April 1, 1977 and were continuing as on Sept. 1, 1...
Tag this Judgment!Suresh Chand Sri Gopal Vs. the Union of India
Court: Andhra Pradesh
Decided on: Sep-21-1988
Reported in: [1989]72STC241(AP)
B.P. Jeevan Reddy, J.1. A large number of traders and their associations are challenging the constitutional validity of the Andhra Pradesh Entry of Goods into Local Area Tax Act, 1987 (hereinafter referred to as 'the Act') in this batch of writ petitions. 2. The Act was passed by the Andhra Pradesh Legislature in 1987 and received the assent of the President on June 22, 1987. It was published in the A.P. Gazette dated June 26, 1987 for general information, and brought into force on October 15, 1987. The Act is made 'to provide for the levy and collection of tax on the entry of certain goods into local areas in the State of Andhra Pradesh for consumption, use or sale therein, and for matters connected therewith or incidental thereto'. Section 2 defines certain expressions occurring in the Act. Clause (e) defines 'local area' to mean 'the area within the limits of a city as declared under the Hyderabad Municipal Corporation Act, 1955, or the Visakhapatnam Municipal Corporation Act, 1979,...
Tag this Judgment!Indian Airlines Vs. A. Philips
Court: Andhra Pradesh
Decided on: Sep-20-1988
Reported in: (1989)IILLJ86AP
1. The Management of Indian Air Lines challenged the award passes by the Industrial Tribunal (Central), Hyderabad, the 2nd respondent herein, dated August 30, 1986 by praying for a writ of certiorari to call for the records from the Industrial Tribunal (Central), Hyderabad in I.D. 51/85 and to quash the same. 2. The facts leading to the filing of this writ petition may be briefly stated. 3. The 1st respondent was working with the petitioner as casual labourer. He was first engaged in that capacity in 1972. For a short time, he also worked as a peon. On 24th November 1973, the management of the Indian Air Lines declared lockout which was lifted on 30th December 1973. After the lifting of the lockout, he was not engaged by the management. He alleged that he made oral representations in 1975. However, in 1982, he was employed as casual labourer for about 79 days. On 5th October 1983 he gave an undertaking indicating his willingness to work as 'Badli' sweeper duly declaring that he underst...
Tag this Judgment!Zipper Association of India Vs. Government of India
Court: Andhra Pradesh
Decided on: Sep-19-1988
Reported in: 1992(40)ECC136; 1989(44)ELT18(AP)
1. Zipper Association of India, Hyderabad, represented by its President, Sudhir Sanghi, is the petitioner herein. The Petitioner-Association prays for the issue of a writ or direction declaring the contents of Para 183 of Chapter XV of the Import Policy Registered Exporters for 1988-91 as illegal, arbitrary and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India OR in the alternative directing the respondents to prohibit transfer of Replenishment licences (which will, hereinafter, be referred to as 'REP licences' for short) issued for import of zip fasteners and parts thereof to any person other than those who require them for the manufacture of the goods exported. 2. The Petitioner-Association enjoys a membership of 150, spread throughout the country. They are all manufacturers of zip fasteners, both metallic and non-metallic, indigenously and sell the product within the country. The manufacture of zip fasteners is one of the items which has been reserved in the sma...
Tag this Judgment!Nadendla Bhaskara Rao Vs. Government of Andhra Pradesh, Hyderabad and ...
Court: Andhra Pradesh
Decided on: Sep-19-1988
Reported in: AIR1989AP186
ORDER1. The petitioner, Nadendla Bhaskara Rao, is a senior politician of considerable standing. He was initially a member of the congress-I Party. The second respondent, Sri N.T. Rama Rao, a film artist of high repute, jumped into the political field in the year 1982. Respondent No. 2 and the petitioner joined hands to found a new regional political party. They worked together towards this end and created history by organizing a new political party from the scratch and contested in the general elections in December, 1982. The new political party captured power defeating the Congress-I party. On 9th Jan., 1983, respondent No. 2 was sworn in as Chief Minister of the State and the petitioner joined the Cabinet as Finance Minister. They worked together for about twenty months. Unfortunately dissensions arose and the petitioner and respondent No. 2 fell out. 2. In the struggle for capturing power the petitioner succeeded and respondent No. 2 went out of office. The petitioner was sworn in a...
Tag this Judgment!Globe Transport Corporation Vs. National Insurance Co. Ltd. and anr.
Court: Andhra Pradesh
Decided on: Sep-16-1988
Reported in: 1990ACJ310
P. Kodandaramayya, J.1. The defendant is the appellant. The sole question raised in this appeal is whether the suit is maintainable under the Carriers Act, 1865 (hereinafter called 'the Act') at the instance of the purchaser of the goods when the goods were transported through the public carrier under the self-drawn consignment in the name of the vendor.2. The suit is laid by two plaintiffs, the insurance company, being the first plaintiff and the purchaser of the goods M/s. Solvent Chemicals, the second plaintiff, stating that the goods were transported by M/s. Indian Drugs and Pharmaceuticals Ltd., Hyderabad through the defendant M/s. Globe Transport Corporation, a public carrier, after effecting insurance under open policy system. The goods were delivered to the second plaintiff in leaking condition, after weighment 723 kg. of material was found short for which the defendant carrier issued a shortage certificate but denied the liability to reimburse the loss and the first plaintiff ...
Tag this Judgment!Divisional Manager, A.P. Forest Development Corporation Ltd. Vs. Assis ...
Court: Andhra Pradesh
Decided on: Sep-12-1988
Reported in: (1999)IIILLJ416AP
K. Ramaswamy, J.1. Petitioner is A.P. Forest Development Corporation Limited. It is assailing in these three writ petitions the validity of the order passed by the authority under the Minimum Wages Act, 1948 (Act 2 of 1948) (for short 'the Act') declaring that the workmen are the maistries within the meaning of Item 14 of the categories mentioned in G.O.Ms. No. 320 dated December 27, 1983 to whom the minimum wages are Rs. 15-00, Rs. 18-70, Rs. 17-00 and Rs. 15-00 in Zones I, II, III and IV respectively. The petitioner's claim is that the workmen are only mazdoor-watchmen and not maistries. The authorities have committed a grievous error in arriving at the finding that the respondents arc maistries.2. Though an opportunity has been given to the petitioner-Corporation, no evidence have been adduced to substantiate their contention that the respondent-workmen are only mazdoor-watchmen but not maistries. On the other hand, oral and documentary evidence have been adduced on behalf of the wo...
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