Andhra Pradesh Court September 1990 Judgments
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D.Y. Moghe and anr. Vs. the Singareni Collieries Co. Ltd., Rep. by the ...
Court: Andhra Pradesh
Decided on: Sep-21-1990
Reported in: 1992(1)ALT165
ORDERSivaraman Nair, J.1. Petitioners were Additional Chief Mining Engineers in the Singareni Collieries Company Limited, Kothagudem. They were aspirants for promotion as General Managers in their turn according to seniority in 1986. The complaint of the petitioners in these petitions is that they were superseded by their juniors in the feeder category for promotion. They claim that the principle which the respondent-company has adopted for advancement in service is promotion on the basis of seniority-cum-merit which is the same as seniority-cum-fitness. This principle, according to the petitioners, is different from promotion on the basis of selection based entirely or predominantly on merit, in which system seniority may have no place. The principle of seniority-cum-merit or seniority-cum-fitness visualises only rejection of the unfit. It does not enable the employer to promote a junior on the ground that he is more fit or more meritorious. In other words, a senior has to be consider...
B. Kota Mallaiah and ors. Vs. Commissioner and Registrar of Co-operati ...
Court: Andhra Pradesh
Decided on: Sep-18-1990
Reported in: 1991(3)ALT433
Sardar Ali Khan, J.1. This batch of Writ Petitions concerns the appointment of a person or persons-in-charge till the elections are conducted to the various Co-operative Societies with consequential suitable directions to the respondents to refrain from appointing such person or persons replacing the Managing Committees till the elections are conducted.2. With the exception of a few writ petitions, field before the passing of Ordinance No. 5 of 1990, dated June 30, 1990, all the other writ petitions challenge the provisions of the said Ordinance No. 5 of 1990, dated June 30, 1990 as being totally unconstitutional and void and fit to be struck down as such. The common prayer in all the writ petitions is to allow the elected Managing Committees of the petitioner-Societies to continue till properly elected bodies take over the Management.3. In view of the common questions of fact and law, involved in the matter, we have heard the batch of writ petitions together and are of the opinion tha...
Hig Temp Chemicals Pvt.Ltd. Vs. Satya Steel Strips (P.) Ltd.
Court: Andhra Pradesh
Decided on: Sep-17-1990
Reported in: 1991(1)ALT24; [1991]72CompCas447(AP)
1. These twelve company petitions have been filed by the various creditors of Satya Steel Strips Ltd. (hereinafter referred to as 'SSSL' or 'the respondent company') seeking the relief of winding up of the repondent company mainly on the ground of its inability to pay debts in spite of the statutory notices issued under section 434 of the Companies Act, 1956,expect in the case of Company Petition No. 27 of 1990. 2. The various contentions put forth in all the company petitions and the allegations urged in the counters filed by the respondent-company need not be set out in detail because admittedly the Board for Industrial and Financial Reconstruction (hereinafter referred to as 'the BIFR or the Board') passed an order declaring the respondent-company a sick industrial company as defined under section 3(1)(o) of the Sick Industrial Companies (Special provisions) Act,1985 (hereinafter referred to as 'the Act'). 3. The Central Legislature considering the imperative need to enact a legisla...
Andhra Pradesh Concrete Pipe Manufacturing Association and anr. Vs. Ch ...
Court: Andhra Pradesh
Decided on: Sep-17-1990
Reported in: [1991]83STC110(AP)
Jagannadha Rao, J. 1. This writ petition is filed by the Andhra Pradesh Concrete Pipe Manufacturing Association, Bhavanipuram, Vijayawada and Tribunal Cement Pipe Industry, Raghupatipet, Kalwakurti mandal. The petitioners seek to issue of a writ of mandamus requiring the Commissioner of Commercial Taxes (respondent 3) to amend the instructions issued by him to the Chief Engineer, Public Health Department, Hyderabad by his letter dated March 28, 1990 (in L. Dis. No. A4/3904/89) so as to bring the same in conformity with the judgment of the Supreme Court in Deputy Commissioner of Sales Tax v. G. S. Pai & Co. : [1980]1SCR938 . 2. It is stated in the writ petition that the members of the 1st petitioner association are manufacturers of reinforced cement concrete pipes also known as R.C.C. pipes and asbestos cement pressure pipes (ACP pipes). The members of the said association are all said to be registered dealers under the provisions of the A.P. General Sales Tax Act, 1957 and the Central ...
T. Ramanuja Setty and Brothers Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-17-1990
Reported in: [1991]81STC82(AP)
A. Lakshmana Rao, J.1. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Commercial Taxes appearing for the respondent. 2. The petitioner herein filed an appeal before the Sales Tax Appellate Tribunal on July 21, 1987. It is stated that the authorised agent of the appellant had sent the vakalat by registered post on August 4, 1987, to the Sales Tax Appellate Tribunal and that it was received by the Tribunal on August 10, 1987. The learned counsel has produced the postal acknowledgment showing that the registered letter containing the vakalat was received by the Sales Tax Appellate Tribunal on August 10, 1987. However, the appeal was posted for hearing on October 25, 1988 and notice was served on the party on October 21, 1988. As neither the appellant nor the authorised agent appeared on that day, the appeal was dismissed for default on October 25, 1988. Having come to know of the dismissal of the appeal for default, it is stated that the authori...
Maddela Narsimlu and Others Vs. the Special Deputy Collector, Land Acq ...
Court: Andhra Pradesh
Decided on: Sep-12-1990
Reported in: AIR1991AP123
ORDER1. These writ petitions have been referred to a Full Bench on the ground that the main point arising therein is the same as the case in W.A.No. 144/1986. The point raised in W.A.No. 144/1986 is regarding the point of time from which limitation for reference u/S. 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) would commence. The said Writ Appeal could notbe heard by us for other reasons. But inasmuch as the same point is involved here, we propose to decide the same in W.P. No. 13203/1985. So far as W.P. Nos. 11940, 11764 and 11938 of 1985 are concerned, we shall deal with them separately, at the end of this judgment. We shall first refer to the facts in W.P. No. 13203/1985 initially.2. In W.P. No. 13203/85, the relief claim-ed is for the issue of a writ of Mandamus directing the respondent (the Special Deputy Collector, Land Acquisition, Unit I, Sriram-sagar Project) to refer to the civil court u/S. 18 of the Act the matter in respect of the compensation ...
A.A. Balasundaram Vs. A. Vijayakumari and anr.
Court: Andhra Pradesh
Decided on: Sep-12-1990
Reported in: 1991CriLJ2254; I(1991)DMC149
ORDER1. The revision petition filed by the husband is directed against an order awarding maintenance of Rs. 150/- per month to the wife, whereas the criminal petition challenges the order confirming the finding of the Courts below that the marriage between the parties is a valid one. 2. The wife filed a petition alleging that the marriage between herself and the revision petitioner took place on 7-2-1987 at Rajahmundry in a temple as per Hindu rites and that due to estrangement of relations, she was forced to be away from the husband and live with her parents. It is in her evidence, as P.W. 1, during the course of cross-examination, that she was a Christian by birth, whereas the husband was a Hindu. The trial Court found the marriage between the parties to be valid, but refused to grant maintenance on the ground that the husband has no source of income. When the matter was taken in revision, the Court below awarded a maintenance of Rs. 150/- per month to the wife upholding the finding ...
N. Bikshapathi Vs. the Joint Sub-registrar, Hanamakonda and Another
Court: Andhra Pradesh
Decided on: Sep-11-1990
Reported in: AIR1991AP80
ORDER1. The petitioner is pujari and heriditary trustee of Sri Bhogeswaraswamy temple, situate at Matwada of Hanmakonda mandal, Warangal district. The lands in an extent of Ac. 1.33 guntas in survey No. 421 and Ac. 2.30 guntas in survey No. 6 of Matwada village are service Inam lands coming within the purview of Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (for short 'the Act'). As pujari of the said temple, the petitioner and his predecessors have been in possession and enjoyment of the said inam lands. The District Collector, Warangal issued directions to the Revenue Officers to hold an enquiry and pass orders under S. 10 of the Act determining the extent of inam land as an occupant and issue thecertificate in favour of the occupant as per rules. The R.D.O., Warangal conducted an enquiry and issued a certificate on 3-2-1988, declaring the petitioner as an occupant of the land above staled and determined the premium at Rs.651/- payable in ten instalments commencing fro...
State of Andhra Pradesh Vs. Budha Vinyl (P) Ltd.
Court: Andhra Pradesh
Decided on: Sep-10-1990
Reported in: [1992]84STC131(AP)
Yogeshwar Dayal, C.J. and Upendralal Waghray, J.1. This tax revision case is directed against the order of the Sales Tax Appellate Tribunal dated 7th of August, 1989, whereby the Tribunal disposed of thirteen appeals against the various orders passed by the Deputy Commissioner of Commercial Taxes of the respective dates mentioned in the order. 2. We make it clear that all the assessment orders relate to the period before 1st May, 1987. Before 1st May, 1987, the position is that the Fourth Schedule provides for the goods exempted from tax under section 8 of the Andhra Pradesh General Sales Tax Act, 1957. Item No. 5 reads, 'cotton fabrics, man-made fabrics and woollen fabrics'. Explanation to the Fourth Schedule states, inter alia, that the expressions in items 5, 6 and 7 shall have the same meanings assigned to them in the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (Central Act 58 of 1957). The provisions of the Additional Duties of Excise (Goods of Special Impo...
M/S. East India Transport Agency, Hydrabad Vs. National Insurance Co. ...
Court: Andhra Pradesh
Decided on: Sep-07-1990
Reported in: I(1992)ACC289; 1991ACJ944; AIR1991AP53
ORDERmanent Panduranga Rao, J.1. This revision petition has been referred to a Full Bench by our learned brother Bhaskar Rao, J. stating that the decisions in Rajarao v. A. P. T. Company (1969) 2 APLJ 151 and Spl. Secy. Govt. of Rajasthan v. Venkataramana Seshaiyer, : AIR1984AP5 run in divergence with each other on the question of deciding the territorial jurisdiction of the Court to try the suit and that the divergence of the views of the two Division Benchs has, therefore, got to be resolved by a Full Bench.2. The facts leading to the filing of the revision petition are briefly as follows:The sole defendant is the revision petitioner. The suit has been filed by the first plaintiff-Insurance Company and the second plaintiff, who is the owner of the goods, for recovery of damages for short delivery of goods. The second plaintiff has entrusted the consignment of Chlorinated Paraffin Wax to the branch of M/s. East India Trnasport Agency at Delhi for being transported to Hyderabad. When t...
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