Andhra Pradesh Court November 1991 Judgments
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Andhra Pradesh Rayons Limited and anr. Vs. Government of Andhra Prades ...
Court: Andhra Pradesh
Decided on: Nov-29-1991
Reported in: [1994]92STC412(AP)
P. Venkatarama Reddi, J.1. In these two writ petitions filed by a public limited company and its shareholder, the question that falls for consideration is whether the petitioner is entitled to Rs. 100 lakhs interest-free sales tax loan by virtue of the orders issued by the State Government in G.O. Ms. No. 483, Industries and Commerce Department, dated September 9, 1986. 2. The petitioner-company manufactures rayon grade pulp. The industrial unit of the petitioner is located in a backward area, in the village of Kamalapuram, Warangal district. The petitioner commenced its production from September 1, 1981. The State Government, by G.O. Ms. No. 224, Industries and Commerce Department, dated March 9, 1976, offered certain incentives for the new industries which go into regular production on or after January 1, 1976 and also to those industries which go in for 'substantial expansion' after that date. Investment subsidy and interest-free sales tax loan are the two incentives that were annou...
Tangallapalli Narsubai Vs. M. Anasuya and Another
Court: Andhra Pradesh
Decided on: Nov-28-1991
Reported in: AIR1993AP4; 1992(2)ALT547
ORDER1. This Civil Revision Petition is directed against the order dated 16-4-1991 passed in LA. No. 1972 of 1990 in O.S. No. 941 of 1983 of the file of the II Additional District Munsif, Warangal permitting the first respondent herein, who was the petiiion-er in I. A. No. 1972 of 1990 in O.S. No. 941 of 1988 on his file, to be impleaded as the legal representative of her deceased husband late M. Bhadriah.2. The relevant facts are as follows :One M. Bhadriah filed a suit O.S. No. 941 of 1983 on the file of the II Addl. District Munsif Warangal against the Gram Pancha-yat Wardhannapet, Warangal District, while the said suit was pending the said plaintiff M. Bhadriah died on 11-4-1990 while so, the revision petitioner having filed I.A. No. 767 of 1990 got herself impleaded as the second plaintiff in the suit as per the order dt. 9-7-1990 in l.A. No. 767 of 1990. Later i.e. on 10-10-1990 the first respondent herein alleging that she is the widow of the deceased Bhadriah filed I.A. No. 197...
Sree Rayalaseema Paper Mills Ltd. Vs. Deputy Commissioner, Commercial ...
Court: Andhra Pradesh
Decided on: Nov-28-1991
Reported in: [1994]93STC273(AP)
Lakshmana Rao, J. 1. The validity of the notice dated May 10, 1988 issued by the Deputy Commissioner, Commercial Taxes, Kurnool, the respondent herein, calling upon the petitioner to produce all their books of account for the year 1983-84 is questioned in the writ petition. Before the issuance of the impugned notice, the respondent issued the notice dated March 29, 1988 to the petitioner to produce their books of account along with the purchase and sale bills, way bill books, 'C' form and 'F' form books and other connected records relating to their business for the year 1983-84. It was mentioned in the notice that if the petitioner fails to produce the above records, exemption granted by the assessing authority under the Andhra Pradesh General Sales Tax Act and the Central Sales Tax Act for the year 1983-84 will be withdrawn and action as contemplated under law will also be taken. In the counter-affidavit filed by the respondent, it is averred that the impugned notice was issued to the...
Kum. K. Pushpa Leela Vs. Labour Court and anr.
Court: Andhra Pradesh
Decided on: Nov-28-1991
Reported in: 1992(1)ALT514
ORDERSardar Ali Khan, J.1. An interesting question of considerable importance has in arisen in this case The facts of the matte' lie within a narrow field.2. The review petition has been filed for the review of the judgment of this court in W.A.No. 1438 of 1988, dated 5-12-1990. That judgment was passed by a Division Bench of this court consisting of M/s. G. Ramanujulu Naidu, J., and Iyyapu Panduranga Rao, J. After passing the judgment, Mr. Ramanujulu Naidu, J., has retired as a Judge of this High Court. The only remaining member of that Bench, which heard the case and passed the judgment in W.A.No. 1483 of 1988 dated 512-1990, is Mr. lyyapia Panduranga Rao, J.3. When the application for review was filed, the matter was placed before this Division Bench (consisting of Mr. Sardar Ali Khan, J., and Mr. Iyyapu Panduranga Rao, J.)4. Sri D. Reddappa Reddy, learned counsel appearing on behalf of the 2nd respondent in this case raised a legal issue that the review petition cannot be heard by ...
Rajsekhar Babu Vs. Deputy Collector (Land Acquisition), Hyderabad and ...
Court: Andhra Pradesh
Decided on: Nov-27-1991
Reported in: AIR1992AP193; 1992(1)ALT105
ORDER1. These two writ petitions seek for issuance of mandamus directing the Ist respondent to make a reference under Section 18 of the Land Acquisition Act for adjudication of the rights of the petitioners.2. The brief facts necessary for disposal of these two writ petitions are: By is issuance of a notification under Sec. 4(1) of the Land Acquisition Act, the lands in survey Nos. 20, 21 and 25 of Daira village (within the Hyderabad Municipal Corporation Limits) along with some other lands were acquired by the 1st respondent and that ultimately culminated in passing the award No. 51/685/77 dated 23-5-1986. The petitioner in W.P. 17679/87 claims that he was the owner and possessor of S. No. 25 in an extent of Ac. 2-04 guntas, while the petitioner in the other writ petition makes a claim for the other two survey numbers in an extent of Ac. 5-26 guntas put together. Both the petitioners trace their title to a PHARMAN issued by the Nizain-VII in 1336 fasli in the name of one Zainulabaddin...
M. Srinivasulu Reddy Vs. State Inspector of Police, Anti Corruption Bu ...
Court: Andhra Pradesh
Decided on: Nov-27-1991
Reported in: 1991(3)ALT542; 1993CriLJ558
1. A 'Call Attention Motion' No. 329 of 1981 was moved in the Andhra Pradesh Legislative Assembly in 1981 regarding the execution of jungle clearance works in the Irrigation Circle, Nellore District, allegating that works costing more than 60 lakh rupees were entrusted to the contractors without calling for tenders. 2. Thereupon, the Secretary, Irrigation Department, Government of Andhra Pradesh directed Mr. L. R. Kapoor, the then Chief Engineer, Major Irrigation, to conduct an enquiry into the allegations in the execution of the works. In that connection, he visited Nellore and conducted an enquiry from 4-4-1981 to 6-4-1981 and submitted his preliminary report to the State Government on 17-4-1981 pointing out various irrgularities and illegalities committed by the Engineers in the execution of the jungle clearance works in the Nellore Irrigation Circle. Then the State Government issued G.O.Ms. No. 313 dated 20-7-1981 appointing Mr. N. V. M. Krishna, the then Chief Engineer, (Investiga...
Anapu Adinarayana Vs. Premananda Das and ors.
Court: Andhra Pradesh
Decided on: Nov-27-1991
Reported in: 1993(1)ALT171
Radhakrishna Rao, J.1. The appellant herein, who is the claimant in O.P.No. 35/1986 on the file of the Motor Accidents Claims Tribunal (III Additional District Judge), Kakinada, filed the claim petition for compensation of Rs. 60,000/- on account of the injuries sustained by him. The accident took place on 20-11-1985 between Annavaram and Bendapudi in East Godavari District on National Highway Road No. 5. The Claimant is the driver of the lorry bearing No. ADI 7754. The other vehicle which involved in the accident is OSC 8343. R-3 is the Insurance Company, so far as the Orissa Vehicle is concerned. R-5 is the Insurance Company so far as Andhra Vehicle is concerned for which the claimant is the driver. The learned Judge considered the evidence of P.W.I and no evidence having been adduced on behalf of the other side, came to the conclusion that the accident occurred due to the rash and negligent driving of the driver of the vehicle OSC 8343. Having found that the vehicle was driven rashl...
Vegulla Satyanarayana Murthy and ors. Vs. Alluri Annapurnamma and ors.
Court: Andhra Pradesh
Decided on: Nov-27-1991
Reported in: 1992(1)ALT371
V. Neeladri Rao, J.1. R-1 herein obtained decree for maintenance with charge and separate residence against her husband i.e., R-2 herein, in O.S.No. 582 of 1973 1st Additional D.M.C., Tanuku. As per the said decree, the property, which is the subject-matter of these two appeals, was allotted to R-1 towards residence. But, even on 29-10-72, these two appellants purchased the portions of the said property under two separate registered sale deeds from R-2. E.P.No. 235 of 1979 was filed under Order 21, Rule 35 CPC for possession of the property given to R-1 for residence. The possession of the same was delivered to R-1 by breaking open the locks with the permission of the Court. Then, these appellants filed E.A.Nos. 977 and 976 of 1979 respectively for possession of the same. Those petitions were allowed by the Executing Court. The orders therein were set aside by the 1st Appellate Court. The judgment of the 1st Appellate Court and the decrees therein, were challenged in these second appea...
Siddavatam Mohan Reddy Vs. P. Chinnaswamy and ors.
Court: Andhra Pradesh
Decided on: Nov-27-1991
Reported in: 1992(2)ALT737
ORDERNeeladri Rao, J.1. The petitioner in I.A.No. 1281 of 1986 in I.A.No. 1144 of 1983 in O.S.No. 190 of 1971, Principal Sub-Court, Tirupati is the revision petitioner. R-2 herein filed O.S.No. 37 of 1970, Sub-Court, Chittoor (re-numbered as O.S.No. 190 of 1971 on the file of the principal Sub-Court, Tirupati) for partition of the plaint schedule property into four equal shares and for allotment of one such share to her and for separate possession of the same. She alleged that her two brothers and her deceased sister Kuppamma are the heirs of their mother Laxmakka who owned the plaint schedule property. Her plea was accepted and preliminary decree was passed declaring that plaintiff and her brothers are entitled to 114th share each and D-3 to D-5, the children of her deceased sister are entitled to the remaining 1/4th share. It was confirmed in the appeal. In 1983, i.e., after the passing of the preliminary decree, D-3 died. Without bringing the L.Rs. of D-3 on record, I.A.No. 1144 of ...
S. Mohan Reddy Vs. P. Chinnaswamy and ors.
Court: Andhra Pradesh
Decided on: Nov-27-1991
Reported in: 1991(3)ALT513
Neeladri Rao, J.1. The petitioner in I.A.No. 1281 of 1986 in LA. No. 1144 of 1983 in O.S.No. 190 of 1971, Principal Sub-Court, Tirupati is the revision petitioner. R-2 herein filed O.S.No. 37 of 1970, Sub-Court, Chittoor ( re-numbered as O.S.No. 190 of 1971, on the file of the Principal Sub-Court, Tirupati) for partition of the plaint schedule property into four equal shares and for allotment of one such share to her and for separate possession of the same. She alleged that her two brothers and her deceased sister Kuppamma are the heirs of their mother Laxmakka who owned the plaint schedule property. Her plea was accepted and preliminary decree was passed declaring that plaintiff and her brothers are entitled to 1/4th share each and D-3 to D-5, the children of her deceased sister are entitled to the remaining 1/4th share. It was confirmed in the appeal. In 1983, i.e., after the passing of the preliminary decree, D-3 died. Without bringing the L.Rs. of D-3 on record, I.A.No. 1144 of 198...
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