Andhra Pradesh Court April 1991 Judgments
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Andhra Cement Co. Ltd. Vs. Andhra Pradesh State Electricity Board
Court: Andhra Pradesh
Decided on: Apr-04-1991
Reported in: [1992]75CompCas454(AP)
Jagannadha Rao, J.1. These five civil miscellaneous applications are connected and can be disposed of together. Among them, C.M.A. Nos 1545 of 1990, 214 of 1991, 223 of 1991 and 224 of 1991 all arise out of interlocutory applications filed by the plaintiffs in O.S. No. 841 of 1990 in the court of the Fifth Additional Judge, City Civil Court, Hyderabad, whereas C.M.A. No. 161 of 1991 arises out of an interlocutory application filed in O.S. No. 2 of 1991 on the file of the Subordinate Judge's Court, Narasaraopet. 2. O.S. No. 841 of 1990 is a suit filed by the Andhra Cement Company Limited against the A.P. Electricity Board [hereinafter called 'the Board'] and its officers for a declaration that the defendants are not entitled to take any coercive steps like disconnection of power to the plaintiff's factories at Nadikudi, Vijayawada and Vishakhapatnam, either under the Indian Electricity Act, 1910, or under the Electricity Supply Act, 1948, or under the conditions of supply, pending the s...
Sarella Daniel Vs. Simma Koteswara Rao and ors.
Court: Andhra Pradesh
Decided on: Apr-03-1991
Reported in: I(1992)ACC118
P.L.J. Sharma, J. 1. The matter arises under the Motor Vehicles Act for compensation for the injuries sustained by the appellant. A compensation amount of Rs. 37,000/- was fixed by the Lok Adalat for the injuries sustained by the appellant. A compromise decree was also passed for the said amount. However, in the decree it was stated that the appellant was permitted to withdraw a sum of Rs. 7,000/- and the balance of the amount of Rs. 30,000/- was directed to be kept in fixed deposit in the State Bank of India. Questioning the direction of keeping the sum of Rs. 30,000/- in Fixed Deposit in the State Bank of India the appellant preferred this appeal.2. It is contended before me that this direction is contrary to the Division Bench Judgment of this Court in CMP 8677/90 in CMA 906/90 and batch dt. 21.1.1992.3. In view of the Division Bench Judgment of which I was a member I direct the appellant to open an account in any Natinalised Bank. A sum of Rs. 18,000/- out of Rs. 30,000/- shall be ...
M/S. Everest Computer Carbons Pvt. Ltd. Vs. Commissioner of Printing a ...
Court: Andhra Pradesh
Decided on: Apr-01-1991
Reported in: AIR1991AP286; 1991(2)ALT197
ORDERSardar Ali Khan, J.1. This writ appeal is directed against the order passed by the learned single Judge against the judgment dated, 24-12-1990 in Writ Petition No. 11676 of 1990 dismissing the writ petition filed by the appellant-petitioner herein. The writ petition was filed with the following material averments.The writ petition was filed for the issue of a writ of mandamus declaring the action of the 1st respondent in ordering 90 per cent, of the tender quantity in respect of Items Nos. 1, 2, 3, 5, 9 and 10 to the 2nd respondent by the Purchase Order No. SP/7/B1/90-91/Sche-dule-III/UCL/47 dated 6-8-1990 as highlyillegal, arbitrary, unjust and void and consequently to direct the 1st respondent to award the tender only to the petitioner herein in respect of the items for which lowest rates were offered by the petitioner-appellant herein or in the alternative to award 50% of the tender to the petitioner-appellant herein and 50% to the 2nd respondent equally in respect of all the i...
Commissioner of Income-tax Vs. Rama Bai
Court: Andhra Pradesh
Decided on: Apr-01-1991
Reported in: (1991)94CTR(AP)93; [1991]190ITR342(AP)
P. Venkatarama Reddi, J.1. The following question of law has been referred by the Income-tax Appellate Tribunal under section 256(1) of the Income-tax Act, 1961, for the decision of this court : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in holding that the reassessment proceedings initiated by the Income-tax Officer in this case were not valid in law ?' The facts giving rise to this reference are these : An extent of acre 42 of land situate at Nacharam village near Hyderabad which belonged to the respondent-assessee was acquired by the State Government in the year 1964. By an award dated November 20, 1965, the assessee was awarded compensation of Rs. 25,240 including interest. Later, on a reference to the interest. The decree of the civil court was confirmed by this court by judgment dated October 26, 1970. The assessee did not file any return of income under section 139 of the Act. However, he filed a return on February 17...
The Govt. of A.P. Rep. by Its Principal Secretary, Irrigation and C.A. ...
Court: Andhra Pradesh
Decided on: Apr-01-1991
Reported in: 1991(2)ALT378
P. Venkatarama Reddy, J. 1. An apparently innocuous order passed in a writ petition directing reference of the dispute to arbitration based upon the consent of the Counsel has given rise to these Writ Appeals. 2. The relevant facts are these: The respondent-firm was awarded a contract by the Superintending Engineer, Y.R.P. Circle, Visakhapatnam (3rd appellant herein) for the excavation of Yeleru left main canal between specified kilometres. The agreement in this regard was executed on 16-4-1987. It is the case of the respondent-writ petitioner that while the excavation work was in progress, he was encountered with hard rock which required blasting. In view of the objections from the villagers, controlled blasting had to be resorted to under the instructions of the concerned Engineers. Extra payment over and above the agreement was made only for a quantity of 15 200 cmt. in respect of which a supplemental agreement was also entered into on 24-3-1989 but the Department failed to make pay...
K. Kondanna and anr. Vs. D. Chilakamma
Court: Andhra Pradesh
Decided on: Apr-01-1991
Reported in: 1991(2)ALT474
ORDERRanga Reddy, J.1. This is a revision filed by the Judgment-debtors in E.P. 117 of 1989 in O.S. No. 473/82 on the file of the District Munsif, Anantapur against the orders, dated 28-7-1990.2. The facts leading to the filing of the revision-petition are in brief as follows : The respondent herein obtained a decree for specific performance of agreement of sale executed by the petitioners in O.S. No. 473 of 1982. The judgment and decree is dated 25-3-1987. The respondent herein was granted two months' time for depositing the balance of sale consideration into court and for obtaining a sale deed. The two months' time granted expired by 25-5-1987. The Court remained closed during the month of May for summer vacation. So the respondent deposited the amount on 2-6-19J 7, the re-opening day, and filed R.P. 117 of 1989 requiring the petitioners herein to execute a sale-deed. The petitioner-judgment-debtors objected for the same on the ground that the respondent has not deposited the amount ...
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