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Andhra Pradesh Court April 1990 Judgments

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Apr 09 1990

Mandulova Satyanarayana Vs. Bodireddy Lokeshwari and ors.

Court: Andhra Pradesh

Decided on: Apr-09-1990

Reported in: II(1990)ACC591

Amareswari, J.1. The claimants are 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 is not challenged. The motor Accident claims Tribunal awarded a sum of Rs. 25,000/- towards compensation, but held that liability of the Insurance Company is limited to Rs. 18,000/- only and the balance of Rs. 7,000/- is recoverable from the owner. The Tribunal limited the liability of the Insurance Company under the proviso to Section 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 Compensation Act, 1923. The owner of the vehicle has now preferred this appeal. The main contention in the appeal that under the policy, Ex.B.5 the Insurance Company has covered the liability in respect of the d...


Apr 06 1990

New Tobacco Company Ltd. Vs. Superintendent Central Excise

Court: Andhra Pradesh

Decided on: Apr-06-1990

Reported in: 1990(2)ALT519; 1991(31)ECC406; 1991LC173(AP); 1990(48)ELT338(AP)

Sardar Ali Khan, J. 1. New Tabocco Co. Ltd., the petitioner herein, prays for issue of a writ of mandamus directing the respondents to refund an amount of Rs. 5,21,477.25 declaring that Rules 9A and 224 (2A) of the Central Excise Rules, 1944 as illegal, unconstitutional and void being inconsistent with Section 3 of the Central Excises and Salt Act, 1944 (Act No. 1 of 1944). 2. The petitioner - company manufactures cigarettes. Cigarettes fall under Item No. 4(2) (ii) of the First Schedule to the Central Excises and Salt, Act, 1944, hereinafter referred to as 'the Act.' The company had 31794 M. Cigarettes in its bonded stock room manufactured prior to 28-2-1983. The rate of duty on cigarettes as on 28-2-1983 was 440 Adv. and Rs. 32.00 per one thousand cigarettes. If the stock of cigarettes was cleared on or before 28-2-1983, the duty liable to be paid would have been Rs. 21,31,515.75 but the petitioner-company cleared the above said stock, manufactured prior to 28-2-1983, on 12th, 14th a...


Apr 06 1990

The Depot Manager, Apsrtc Bus Depot Vs. Government of Andhra Pradesh a ...

Court: Andhra Pradesh

Decided on: Apr-06-1990

Reported in: [1991(62)FLR119]; (1991)ILLJ235AP; (1991)ILLJ235SC

Radha Krishna Rao, J.1. The Depot Manager, APSRTC Bus Depot, Kothagudem, (hereinafater refered to as 'the Management') filed this writ petition praying for the issue of a writ, direction or order, particularly one in the nature of writ of certiorari calling for the records relating to I.D No. 185 of 1986 from the file of the Industrial Tribunal-cum-Labour Court, Warangal and quash the award dated 19th August 1986 passed in the said I.D. No. 185 of 1986.2. The facts giving rise to the filing of this writ petition are as follows: The third respondent (hereinafter referred to as the workman) was working as a Conductor under the management. While he was conducting a bus on 5th April 1971 on the route Kothagudem to Singareni, a check was exercised at stage No. 3. During the course of check a number of cash and ticket irregularities were detected against the workman. A charge memo dated 5th April 1971 was prepared by the checking officials and the same was served on the workman containing 9 ...


Apr 05 1990

Vardhaman Jewelleries Vs. Commercial Tax Officer (intelligence), Vijay ...

Court: Andhra Pradesh

Decided on: Apr-05-1990

Reported in: [1990]79STC188(AP)

P. Venkatarama Reddy, J. 1. In this writ petition, the petitioner who is a dealer in jewellery at Vijayawada, has challenged the action of the first respondent, viz., the Commercial Tax Officer (Intelligence), Vijayawada, in collecting a sum of Rs. 40,000 towards compounding fees and Rs. 80,000 towards tax for the year tax for the year 1989-90 on September 6, 1989 and September 8, 1989. The petitioner is seeking for a consequential direction to refund the tax and compounding fee collected. 2. On September 6, 1989, the first respondent along with his staff inspected the business premises of the petitioner. He noticed certain excess stocks of gold and gold ornaments and silver and silver articles. He recorded the statement from the petitioner and prepared a stock inventory statement signed by the petitioner. By an order passed on the same day, he also seized certain account books and slips of papers found in the business premises as he suspected the evasion of tax. An estimate of the tax...


Apr 04 1990

Nalam Satya Prasada Rao and ors. Vs. Vinipamula Lakshmi Narasihma Sast ...

Court: Andhra Pradesh

Decided on: Apr-04-1990

Reported in: [1991]70CompCas303(AP)

I. Panduranga Rao, J.1. This petition is filed by three sharholders of Farmers Pest Control Pvt. Ltd. (hereinafter referred to as ' the sixth respondent or the company') which is a private limited company incorporated on June 4, 1973, in the State of Andhra Pradesh. The petition is filed under sections 397 and 398 of the Companies Act, 1956 (hereinafter referred to as 'the Act'), for the reliefs of removing the first respondent from the managing directroship of the company, for reconstituting the board of directors of the company, for the reliefs of removing th efirst respondent from the managing directorship of the company, for reconstituting the board of directors of the company, for appointing the fifth respondent from the managing director of the company, investgating into the affairs of the company and falsification of its books, punishing the first respondent herin if found guilty under sections 539 - 542 read with section 406 of the Act, directing him to compensate the company u...


Apr 02 1990

Andhra Pradesh State Electricity Board Vidyut Soudha and Others Vs. th ...

Court: Andhra Pradesh

Decided on: Apr-02-1990

Reported in: AIR1991AP141

ORDERJeevan Reddy, J. 1. These Writ Appeals are preferred against a common judgment of a learned single Judge, G. Radha-krishna Rao, J., partly allowing a batch of writ petitions filed by a number of industries. The writ petitioners are consumers of electricity. They fall in the category of High Tension (Industrial) Consumers. They challenged the revision of tariffs in B.P. Ms. No. 671, dated 10-6-1987 (with effect from 15-7-1987), as well as the further revision of tariffs in B.P. Ms. No. 353, dated 15-4-1989 (given effect from 1-6-1989). Both the respondent-Electricity Board and the writ-petitioners have filed appeals against the judgment of the learned single Judge.2. The A. P. State Electricity Board is constituted under Section 5 of the Electricity (Supply) Act, 1948 (hereinafter referred to as 'the Act'). Section 49 empowers the Board to classify/categorize the consumers having regard to the several factors mentioned in sub-section (2) thereof, and to fix different tariffs for th...


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