Andhra Pradesh Court October 1990 Judgments
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Hyderabad Insulated Wires (P) Ltd. Vs. Commissioner of Commercial Taxe ...
Court: Andhra Pradesh
Decided on: Oct-17-1990
Reported in: [1991]80STC99(AP)
P. Venkatrama Reddy, J. 1. In this writ petition, the petitioner is questioning the notice dated August 11, 1990, issued by the Commissioner of Commercial Taxes under section 20(1) of the Andhra Pradesh General Sales Tax Act, 1957, proposing to revise the order of the Deputy Commissioner of Commercial Taxes dated October 7, 1986, with a view to levy surcharge under section 6-B and additional tax under section 5-A in respect of the turnover falling within the purview of section 5-B of the Act. Normally we would not have entertained a writ petition when the revisional authority has not taken a final decision after considering the objections of the petitioner. However, as some of the contentions raised go to the root of the jurisdiction of the Commissioner to revise, we have thought it fit to adjudicate the matter in the interests of both parties rather than prolonging the litigation. 2. The facts giving rise to this writ petition are as follows : The first assessment under the A.P. Gener...
P. Lakshminarasaiah Vs. the Joint Collector and anr.
Court: Andhra Pradesh
Decided on: Oct-15-1990
Reported in: 1991(1)ALT174
ORDERSyed Shah Mohammed Quadri, J.1. The petitioner challenges the order passed by the Joint Collector, Cuddapah, the first respondent in reference No. A. 2132/90 dt. 11-8-90 by praying for a writ of mandamus declaring the action of the second respondent in suspending his authorisation on 11-8-90 and the order of the first respondent referred to above, as illegal and void and for a further direction to the respondents to supply essential commodities to him.2. The petitioner was appointed as a Fair-price shop dealer in 1985. On 11-2-90, the authorisations in respect of ward Nos. 1 to 4 and 6 were suspended. On 11-9-90 the 2nd respondent suspended the authorisation of the petitioner on a report by the Mandal Revenue Officer that the petitioner was involved in a case under section 6-A of the Essential Commodities Act inasmuch as he diverted the essential commodities for black-marketing. Aggrieved by the said order, the petitioner filed an appeal before the Joint Collector, Cuddapah, the f...
M. Iqbal and Co. and Others Vs. Someswara Cements Chemicals Ltd., Hyde ...
Court: Andhra Pradesh
Decided on: Oct-13-1990
Reported in: 1999(1)ALD164; 1998(6)ALT714
1. Respondent-Company filed OS No.667 of 1984 which was renumbered as OS No.193 of 1985 on the file of the IV Addl. Chief Judge, City Civil Court, Hyderabad for recovery of a sum of Rs. 10,55,639,70 Ps. with subsequent interest being the balance amount due and payable by the defendants as per their accounts towards the value of the cement supplied. Defendant No.l is a Partnership firm, of which the second defendant is the Managing Partner, while defendants 3 and 4 arc partners. First defendant-Firm applied for dealership of the Plaintiff-Company and the company appointed the first defendant as its authorised stockist for Charminar, Mir Alam Mandi in June, 1988 and the business of supply of cement by the plaintiff-Company to the first defendant-Finn was carried on from June 1983 to December, 1983. The plaintiff-Company also appointed the first defendant-Firm as its distributor for twin cities and Ranga Reddy district as per its letter dated 10-6-1983. The plaintiff- Company used to supp...
Peddada Venkata Ramana and ors. Vs. Government of Andhra Pradesh, Repr ...
Court: Andhra Pradesh
Decided on: Oct-12-1990
Reported in: 1991(1)ALT29
A. Lakshmana Rao, J.1. In this batch of writ petitions the validity of G.O.Ms.No. 19 Food & Agriculture (CS. II) Department, dated, January 8, 1990 issued by the State Government amending the provisions of the Andhra Pradesh Scheduled Commodities (Regulation and Distribution by Card System) Order, 1973 (for short the Control Order) and the consequential notifications issued by the respective Revenue Divisional Officers/Sub-Collectors calling for applications for issue of authorisations to run fair price shops under the provisions of the Control Order is questioned.2. The petitioners herein are those who have been granted authorisations to run fair price shops either by the District Collector or the Chairman, Zilla Abhivrudhi Sameeksha Mandali as the case may be under the Control Order, 1973 as amended from time to time.3. In exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 read with the Order of the Government of India, Ministry of Food and Agricultu...
D. Narasimha Reddy Hotels (P) Ltd., a Company Registered Under the Ind ...
Court: Andhra Pradesh
Decided on: Oct-12-1990
Reported in: 1991(1)ALT665
P. Venkatarama Reddi, J.1. The petitioner is a Company running a hotel in Nizamabad Town. The petitioner commenced doing business from 22-5-1983 onwards. It is said to be a Two-star hotel with three floors and 37 rooms including three staff and office rooms. According to the statement given by the representative of the petitioner before the Commissioner of Municipality on 27-1-1984 there are three air-conditioned double-rooms for which rent of Rs. 80/- is charged, 24 non-Airconditioned double rooms for which Rs. 30/- or Rs. 40/- is charged depending upon the single or double occupancy. He also stated that the petitioner started a Bar and non-vegetarian restaurant in August, 1983. The assessment of property tax on the petitioner-hotel had to be made for the first time for the year commencing from 1-4-1983. A special notice was issued by the Commissioner under Rule 11 of the Taxation and Finance Rules (Schedule II), (hereinafter referred to as 'the Rules' of the Aadhra Pradesh Municipali...
Chillampally Eshwaraiah (Died) Per Lrs. Vs. Gangaram Sanghi
Court: Andhra Pradesh
Decided on: Oct-11-1990
Reported in: 1991(1)ALT108
ORDEREswara Prasad, J.1. Petitioners 1 and 2 filed R.C. No. 85/79 before the Principal Rent Controller, Hyderabad, for eviction of the respondent under Section 10 (2) and (3) of A P. Buildings (Lease, Rent and Eviction) Control Act, 1960, on the ground of wilful default in payment of rent and for bona fide requirement for personal occupation of the 2nd petitioner. The Rent Controller found both the points in favour of the petitioners and directed eviction of the respondent. R.A.No. 109/85 filed by the respondent was allowed by the appellate authority, reversing the findings of the Rent Controller on both the points. Pending the proceedings, the first petitioner died and petitioners 3 to 8 were impleaded as his legal representatives.2. The learned counsel for the petitioners submitted that there was wilful default in payment of rents by the respondent from 1-4-78 to 31-12-78 and hence the Rent Controller rightly directed eviction of the respondent. She further submitted that the 2nd pet...
Pandeti Babi Reddy Vs. the Commissioner of Endowments and ors.
Court: Andhra Pradesh
Decided on: Oct-09-1990
Reported in: 1991(3)ALT329
ORDERRadhakrishna Rao, J.1. The Sarpanch of the village Gandavaram and the Chairman of the Trust Board of the 3rd respondent-temple, who are said to be the schoolmates of the petitioner who is working as Clerk in the 3rd respondent-temple, have sent up a petition to the Commissioner of Endowments, to the effect that the petitioner has already reached the age of superannuation. On that the authorities have conducted some enquiry. When the petitioner was asked to submit proof or his date of birth, he sent a copy of pass certificate dated 7-5-1947 of Secretary to Government for Government Examinations, Madras, of VIII Standard Public Examination held in April, 1947 in which the date of birth of the petitioner is noted as 1-7-1933. The 2nd respondent herein addressed the Head Master, P.S. Elementary School, Gandavaram, requesting him to furnish the copy of school record sheet of the petitioner who was said to have studied on that school. The Head Master sent a study certificate dated 30-3-...
N. Muthaiah and ors. Vs. Kamireddy Lakshmamma
Court: Andhra Pradesh
Decided on: Oct-09-1990
Reported in: 1991(1)ALT641
ORDERN.D. Patnaik, J.1. The petitioners are some of the defendants in O.S. No. 165/88 on the file of the Principal Subordinate Judge's Court, Tirupathi. They have filed LA. No. 523/89 to set aside the ex-parte decree dated 6-10-1988 passed against them. As the learned Subordinate Judge dismissed that petition, they preferred this Revision.2. From the Order of the Lower Court, it can be seen that summons were ordered to the defendants only through Court. The Order also reads that the defendants refused the summons when tendered by the Process Server and therefore, there was affixture and the learned Subordinate Judge was satisfied with the service of the summons by affixture and set the defendants ex-parte as they were called absent and after recording the evidence of the plaintiff, passed an ex-parte decree.3. In this revision, the learned counsel for the petitioners contended that there was no proper service as contemplated under Order V.C.P.C. He has pointed out that under Rule 19-A ...
Talari Venkatarayappa and ors. Vs. Madumuri Venkataramana and ors.
Court: Andhra Pradesh
Decided on: Oct-05-1990
Reported in: 1992(1)ALT158
ORDEREswara Prasad, J.1. Petitioners are the plaintiffs in O.S. No. 105/88 on the file of the District Munsif, Tamballapalli, filed for a permanent injunction restraining the respondents from interfering with their possession of the suit lands.2. They also filed an application for a temporary injunction, pending disposal of the suit. The said application was dismissed and the appeal filed by the petitioners in CMA No. 35/90 was also dismissed by the Addl. District Judge, Madanapalli. The petitioners are assailing the said order in this revision.3. The contention of the learned counsel for the petitioners is that both the Courts below failed to consider the documents filed by the petitioners and arrived at erroneous conclusions regarding prima facie case of title and' possession. He submitted that the petitioners derived title to the suit lands under registered sale deeds executed in their favour in the year 1962, that it was for the respondents to establish as to how they claim possess...
Asst. Director of Mines and Geology Vs. Tarakarama Labour Contract Co- ...
Court: Andhra Pradesh
Decided on: Oct-05-1990
Reported in: 1991(1)ALT258
ORDERN.D. Patnaik, J.1. An important question of law arises for consideration in this revision petition i.e., whether the jurisdiction under the Consumer Protection Act can be invoiced in the matter of granting leases by the Government under the Mines and Minerals Act and the Rules made thereunder.2. The brief facts which are relevant are as follows:-The 1st respondent i.e. Taraka Rama Labour Contract Co-operative Society has filed an application dated 2/-2-1989 before the Deputy Director of Mines and Geology, Warangal for grant of lease for quarrying in an extent of ac. 2.00 in Ramanaiahgutta covered by S.No. 64 of Burhampur village in Khammam district. The Deputy Director by his order dated 23-4-1989 granted the lease of the land but directed the 1st respondent society to execute lease in the prescribed form within a period of 90 days. It is stated that one day prior to the last day for executing the lease the 1st respondent filed the papers in the office of the Assistant Director of...
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