Andhra Pradesh Court April 1990 Judgments
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Aeronautics Employees Co-op. Housing Society Ltd. Vs. the Govt. of And ...
Court: Andhra Pradesh
Decided on: Apr-18-1990
Reported in: AIR1990AP331
ORDER1. The petitioner is a society registered under the Co-operative Societies Act. Its members are employees of the Hindustan Aeronautics Limited, a public sector corporation wholly owned by the Government of India. It is a notified defence establishment. The impugned order in this writ petition was passed on 23-3-89 by the Government of Andhra Pradesh by which the request of the petitioner-society, for allotment of land in S. No. 64 of Madhavapuram village in Rangareddy District for construction of houses to the members of the society, was rejected on the ground that the Government have decided not to give Government land to Co-operative Housing Societies'. The request for allotment of land originally emanated from Capt. R. S. Siva-swami, General Manager, Hindustan Aeronautics Limited (hereinafter referred to as 'H. A.L.') in the form of a letter dated 26-11-1981 addressed to the Chief Secretary to the State Government stating that the Hon'ble Chief Minister of the State at a dinner...
Bmf Belting Ltd. Vs. Union of India
Court: Andhra Pradesh
Decided on: Apr-18-1990
Reported in: 1991(31)ECC401; 1990(50)ELT10(AP)
1. The petitioner, M/s. B. M. F. Beltings Limited, Patancheru, Medak District, has filed this writ petition for the issue of a writ of certiorari to quash the orders C. No. V/19-I/17-12/82-VC dated 22-1-1985 and to direct the first respondent not to treat the unvulcanised friction cloth in the process of manufacture of belts as cotton fabrics or goods within the description of Tariff Item No. 19I(b) of the First Schedule to the Central Excises and Salt Act, 1944 read with Section 3 thereof and the Rules made thereunder and also prays for the consequential relief by way of refund of the amounts, if any, collected thereon. 2. The petitioner is a public limited company registered under the Companies Act, 1956. They manufacture fan belts, V. belts and other allied products in their licensed factory at Patancheru. The process of manufacturing of the fan belts and V-belts involves the preparation of a sticky material, styled as 'friction cloths'. The preparation of the friction cloth involve...
V. Chinna Lakshmaiah Vs. Samurla Ramaiah and Others
Court: Andhra Pradesh
Decided on: Apr-12-1990
Reported in: AIR1991AP177
ORDER1. The revision petitioner herein all these revision petitions is the decree holder in O.S. Nos.9/70 and 10/70, Sub Court, Adoni. He filed two suits on the basis of mortgage deeds dated 17-7-58 and 25-4-58 respectively. Preliminary decree was passed in the above two suits on 30th December, 1971. The time for redemption was granted Up to 30th April, 1972.2. The decree-holder filed I.A. 227/82 in O.S.9/70 and LA. 228/82 in O.S. 10/70 on 26-6-82 praying for passing a final decree. In the affidavits filed in support of the above I. As, the decree-holder alleged that the time for redemption was granted up to April, 1982 and those petitions were within time. Notice was ordered in the above I. As to all the seven judgment-debtors. While judgment-debtors 1 and 2 remained ex parte, J. Drs. 3 to 7 engaged Sri Kuppuswami Iyyar as their advocate in the above I.As. Repeated adjournments were granted for filing their counter. Ultimately time was granted for filing counter on payment of costs. T...
The K.C.P. Ltd. Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Apr-12-1990
Reported in: AIR1990AP314
ORDER1. The legislative competency of the Andhra Pradesh Legislature in passing the Andhra Pradesh (Mineral Rights) Tax Act, 1975 (hereinafter called the State Act) is in question in this batch of writ petitions. The point was raised earlier unsuccessfully before this Court on two occasions once in Kesoram Cements v. Government of Andhra Pradesh W.P. No. 1451 decided by Madhava Reddy, A.C.J. (as he then was) and T. L. N. Reddy, J. and again in M. K. Rama Murthy v. Government of Andhra Pradesh (1985) 1 APLJ 84 decided by Jeevan Reddy and Sardar Ali Khan, JJ. The controversy has now been raised again before us but this time, the petitioners claim to be amply supported in their contentions by the recent decision of the Supreme Court in India Cement Ltd. v. State of Tamil Nadu wherein 'royalty' has been held to be a tax. The question revolves round the interpretation of Entry 54 of List I in the 7th Schedule of the Constitution of India on the one hand and Entries 23, 50 of List II on the ...
HussaIn Hassan Somali Vs. Commissioner of Police, Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Apr-12-1990
Reported in: 1991CriLJ185
ORDER1. The questions that arise in this writ petition are when a rowdy-sheet for a citizen under the police manual can be opened and how long it can be continued, and whether such a continuance offends the fundamental rights of the citizen under Article 21 of the Constitution of India. 2. The facts of the case as stated in the writ affidavit in brief are : The petitioner is a resident of H. No. 18-10-40/16, Barkas of Hyderabad city. A rowdy-sheet was opened for him on 12-8-1967 and the same is continued till today in the Chandrayana Gutta police-station. The petitioner claims that he is a law-abiding citizen doing social-work and that he was also given ticket by the Telugu Desam party as a candidate to contest for the elections of the Municipal Corporation of Hyderabad. He has established a good reputation and the people of the locality repose trust and confidence in him. While matters stood thus the police-authorities sent a notice D/- 15-9-86 to him under the Hyderabad City Police A...
S.M. Mujeeb Vs. Labour Court, Anantapur and anr.
Court: Andhra Pradesh
Decided on: Apr-12-1990
Reported in: [1991(61)FLR573]; (1990)IILLJ535AP; (1990)IILLJ535SC
ORDER1. The petitioner was a Conductor in A.P.S.R.T.C. It is stated for the respondent No. 2 Corporation that while he was conducting bus on 20th September 1980 a check was exercised and it was found that the petitioner having collected the fare from 5 passengers failed to issue tickets to the passengers who were travelling from V. Kota to Vogu. It was also alleged that the petitioner having collected the fare of 75 paise each failed to issue tickets to three passengers travelling from V. Kota to Rekhamanu. 2. It is the case of the petitioner that there was no irregularity in issuing tickets; that the T.T.Is. having found no irregularity, demanded illegal gratification from him; that he expressed his inability to pay any amount as he was conducting the bus as per Rules and that the T.T.Is framed charges falsely. 3. The petitioner was removed from service after conducting departmental enquiry. Later the matter was referred to the Labour Court, Anantapur for adjudication. 4. The Labour C...
Dst Vs. Commercial Tax Officer, Aryapuram, Rajahmundry
Court: Andhra Pradesh
Decided on: Apr-11-1990
Reported in: [1990]78STC378(AP)
P. Venkatrama Reddy, J. 1. The petitioner which is a West German company carrying on drilling operations for ONGC (Oil and Natural Gas Commission) in Krishna-Godavari basin, has challenged in these writ petitions the assessments made under the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the Act'), for the years 1985-86, 1986-87 and 1987-88. 2. The petitioner has been subjected to tax under section 5-E of the Act on the amounts received from ONGC in respect of the drilling units employed by the petitioner-company for the purpose of exploration of oil wells. Section 5-E provides for levy of tax on the transfer of right to use the goods for any purpose whatsoever whether or not for a specified period, to any lessee or licensee for cash, deferred payment or other valuable consideration. This section was introduced into the Act with effect from July 1, 1985, as a sequel to the Constitution (Forty-sixth) Amendment Act. The respondent-Commercial Tax Officer held on...
National thermal Power Corporation Ltd. Vs. State of Andhra Pradesh an ...
Court: Andhra Pradesh
Decided on: Apr-11-1990
Reported in: [1990]78STC132(AP)
B.P. Jeevan Reddy, J.1. Andhra Pradesh Electricity Duty Act, 1939 - originally enacted as Madras Act 5 of 1939 and subsequently made applicable to the entire State of Andhra Pradesh - provides for levy of duty on certain sales and consumption of electrical energy by licensees in the State of Andhra Pradesh. Section 2 defines certain expressions occurring in the Act. 'Energy' is defined to mean electrical energy [clause (a)]. 'Licensee' is defined to mean : '(i) any person including a company or a local authority licensed under Part II of the Indian Electricity Act, 1910, to supply energy, or any person including a company or a local authority who has obtained the sanction of the State Government under section 28 of that Act to supply energy; (ii) the Andhra Pradesh State Electricity Board constituted under section 5 of the Electricity (Supply) Act, 1948; (iii) the National Thermal Power Corporation or any other corporation engaged in the business of supplying energy' [clause (b)]. 2. S...
The Superintending Engineer Vs. Gayatri Engineers Company, Engineers a ...
Court: Andhra Pradesh
Decided on: Apr-11-1990
Reported in: 1991(1)ALT658
Amareswari, J.1. The proceedings arise under the Arbitration Act.2. The Arbitrators passed the award on 4-2-1983 upholding the claims of the Contractor. The award was filed into Court of the Vth Additional Judge, City Civil Court, Hyderabad. O.S.No. 232 of 1983 was filed under Section 14 read with Section 17 of the Arbitration Act to pass a judgment and decree. The department filed O.P.No. 65 of 1983 for setting aside the award. Both were clubbed and disposed of by a common judgment. The V Additional Judge, City Civil Court, Hyderabad decreed the suit and made the award a rule of the Court after dismissing the O.P. filed by the department to set aside the award.3. Aggrieved thereby the department, the Superintending Engineer, Nagarjuna Sagar Left Canals Circle, Miryalaguda, Nalgonda District had filed C.M.A.No. 417 of 1984 against the judgment in O.P.No. 65 of 1983 and C.R.P.No. 1152 of 1984 against the decree in O.S.No. 232 of 1983.4. The only submission made by the learned Advocate G...
Mandulova Satyanarayana Vs. Bodiredoy Lokeshwari and Others
Court: Andhra Pradesh
Decided on: Apr-09-1990
Reported in: 1990ACJ971; AIR1991AP323
ORDERAmareswari, J.1. The claimants are the legal representatives of a person who was in the employment of the owner of the motor vehicle on the date of accident. He was working as a cleaner. The finding of the Tribunal is that the driver was guilty of rash and negligent driving. The said finding was not challenged. The Motor Accidents Claims Tribunal awarded a sum of Rs.25,000/-towards compensation, but held that liabilityof the Insurance Company is limited to Rs.18,000/- only and is recoverable from the owners. The Tribunal limited the liability of the Insurance Company under the proviso to S. 95(1)(b)(ii) of the Motor Vehicles Act, 1939 saying that the Insurance Company is liable only to the extent of the amount that can be awarded under the Workmen's Compansation Act, 1923. The owner of the vehicle has now preferred this appeal. The main contention in the appeal was that under the policy, Ex.B.5 the Insurance Company had covered the liability in respect of the death of the driver a...
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