Andhra Pradesh Court September 1990 Judgments
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Bellamkonda Venkatrayudu Vs. Bellamkonda Mahalakshmamma
Court: Andhra Pradesh
Decided on: Sep-07-1990
Reported in: 1991(1)ALT84
ORDERM. Jagannadha Rao, J.1. This Revision is preferred against an order of the (earned Additional Subordinate Judge, Narasaraopet, allowing I.A. No. 2064 of 1985 filed by the respondent (who is the wife of the petitioner). That was an application filed under Order 9 Rule 9 CPC for the setting aside of an earlier order dated 24-6-1985 made in I.A.No. 3294 of 1984. The said I.A.No. 3294 of 1984 was an application filed by the respondent-wife for setting aside the ex parte decree of divorce dated 8-8-1984. In the present application filed for restoring the earlier I.A.No. 3294 of 1984, the respondent examined herself and in her evidence she referred to the fact that she was under the treatment of Dr. Jagannadha Rao. On the basis of the said evidence, the petition, I.A. No. 2064 of 1985, was allowed and the earlier interlocutory application was restored. In the Lower Court, the petitioner relied upon the decision of the Gauhati High Court reported in Anjana Kumar v. Minakshi, AIR 1985 Gau...
The Land Acquisition Officer, Vijayawade thermal Station Vs. Nutalapat ...
Court: Andhra Pradesh
Decided on: Sep-05-1990
Reported in: AIR1991AP31
1. This reference to the Full Bench has been made for a decision on the following question:'Whether the trial Court, on a reference under S, 18 of the Land Acquisition Act, 1894 after rejecting the evidence tendered by the claimants, is precluded from computing compensation in respect of the acquired land on the basis of the sale-transactions considered and rejected by the Land Acquisition Officer, but not filed into Court and marked as exhibits and admitted into evidence.'The referring order says that a Division Bench of this Court in Spt. Deputy Collector v. P. Narsinga Rao, (1985) 2 Andh LT 492, held, following the Supreme Court decision in Collector, Raigarliv. Harisingh Thakur, : [1979]2SCR183 , that unless the documents pertaining to the sale transactions are admitted in evidence, and the vendor or vendee is examined, the same cannot be relied upon. The learned single Judge was of the view that the Supreme Court did not say anything of that nature and that if among the sale trans...
Andhra Pradesh State Road Transport Corporation Vs. Karnataka State Tr ...
Court: Andhra Pradesh
Decided on: Sep-05-1990
Reported in: AIR1991AP135
ORDER1. The controversy whether temporary permit under S.68F(1C) of the Motor Vehicles Act (Act 4 of 1939) (hereinafter referred to as the Act) could be granted on a route which is already covered by an approved scheme and prohibited by its terms on the ground that another draft scheme in respect of a longer route of which the route in the approved scheme forms a part arises for consideration by the Full Bench. As there was a conflict of views among two Bench decisions viz., Writ Appeal No. 888/1982 dated 22-10-1982 confirming the judgment reported in M. R. Ramasubbamma v. S.T.A.T., A.P., 1982 LS (AP) 222 and another judgment in Writ Appeal No. 881 and 889 of 1982 dated 23-9-1986 and, therefore, writ petition No. 13061/1986 was referred to a Full Bench by an order dated 1-10-1986. After the said reference, some more writ petitions includingthe present two writ petitions have been referred to the Full Bench to be heard along with W.P. No. 13061/1986. After the reference, Writ Petition N...
State of Andhra Pradesh Vs. Gateway Hotel
Court: Andhra Pradesh
Decided on: Sep-05-1990
Reported in: [1992]86STC39(AP)
Yogeshwar Dayal, C.J. and Upendralal Waghray, J.1. C.M.P. No. 6330 of 1990. - This is an application for condonation of 33 days 'delay in filing the T.R.C. The application is not opposed. The delay is accordingly condoned. 2. T.R.C. 301 of 1990. - The assessee is M/s. Gateway Hotels, Banjara Hills, Hyderabad. 3. The Appellate Tribunal has taxed the sales of drinks (whether intoxicating or not) at the rate five paise in a rupee, in view of the provisions of section 5-C of the Andhra Pradesh General Sales Tax Act, 1957. 4. The case of the department was that the hotel was liable to pay sales tax on sales of liquors as provided in the Sixth Schedule to the Act. It will be noticed that the Sixth Schedule is relatable to goods in respect of which sales tax is payable under section 5 of the Andhra Pradesh General Sales Tax Act, and not under section 5-C thereof. In any case, there is a specific provision so far as sale of articles of food and drink in restaurants, catering houses and hotels,...
S. Vimala Vs. Govt. of A.P. Rep. by Its Secretary, Education Dept. and ...
Court: Andhra Pradesh
Decided on: Sep-05-1990
Reported in: 1991(2)ALT620
ORDERM.N. Rao, J.1. The petitioner was employed as a part-time lecturer in political science in the 3rd respondent college on an hourly remuneration of Rs. 10/-. The Management invited applications to fill several vacancies of lecturers in several subjects including political science. The petitioner was interviewed on 15-6-1982. The selection committee drew up a list of four persons in the order of merit for appointment to the posts of lecturer in political science. The persons placed against serial Numbers 1 and 2 were appointed. The 3rd person was not interested. The petitioner's name was found at serial No. 4. The petitioner therefore could not secure appointment in the year 1982. Another vacancy had arisen on 6-8-1982, as a result of the death of one lecturer Sri Krishna Murthy. Again applications were invited in the year 1983. The selection committee as contemplated in G.O.No. 905 dt. 21-9-1976, was constituted. The committee after interviewing the applicants including the petitio...
Andhra Steel Rerolling Mills, Rep. by Its Partner Mukund Lal Vs. the R ...
Court: Andhra Pradesh
Decided on: Sep-05-1990
Reported in: 1991(1)ALT116
M. Jagannadha Rao, J.1. The petitioner, M/s. Andhra Steel Rerolling Mills, Guntakal has filed this writ petition for quashing the proceedings of the Revenue Inspector, Guntakal Mandal dated 14-3-1989. By the said proceedings, the respondent directed the petitioner to pay a sum of Rs. 34,234/- being the non-agricultural land assessment for the period Fasli 1388 to 1398. The area assessed is mentioned as 143 x 133 sq. matres. No other details or reasons for the assessment are referred to in the above said notice issued in Form-II as prescribed in the rule's.2. The petitioner's case is that he petitioner has been assessed to non-agricultuial assessment in earlier years. The petitioner has filed a receipt dated 1-11-1988 bearing No. 398520 (Book No. F) showing payment of tax for Fasli 1397 and Fasli 1398 in a sum of Rs. 308/-for each fasli. This is also accepted in the counter-affidavit. The Revenue Inspector before issuing the impugned proceedings d/14-3-89 issued a notice d/2-3-89. The o...
The Govt. of A.P. Rep. by the Addl. Secretary to Govt. (Revenue (E) De ...
Court: Andhra Pradesh
Decided on: Sep-05-1990
Reported in: 1991(1)ALT472
Ramanujulu Naidu, J.1. This writ appeal is preferred against the order dated 18-4-1988 passed by Anjaneyulu, J. allowing W.P. No. 577 of 1988 filed by the respondents for issue of a writ of certiorari quashing the order of the Government of Andhra Pradesh, the first appellant herein, made in G.O. Rt. No. 1571 Revenue (E) Department dated 30-11-1987 in so far as it levied a compounding fee of Rs. 54,00,000/- on the first respondent.2. Reference to the parties in the Writ Appeal is made as they are arrayed in the writ petition.3. The first petitioner-first respondent is a Company incorporated under the Companies Act on 11-3-1977 and the second petitioner-second respondent is its Managing Director. The first petitioner set up a distillery at Kodurupadu near Hanuman Junction for the manufacture of rectified spirit from molasses. Production of rectified spirit was commenced in the year 1981. The distillery is capable of distilling 186 Metric Tonnes of molasses. The affairs of the first peti...
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