Andhra Pradesh Court August 1991 Judgments

N. Balaiah Vs. Chief Secretary, Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Reported in: 1991(3)ALT147

M.N. Rao , J.1. On 23rd April, 1991, the Collector and District Magistrate, Kurnool passed an order in Rc.Cl.1178/M/91 in exercise of his powers under Sub-section ( 2) (a) of Section 3 read with Section 3 (1) (a) of the prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act VII of 1980) directing detention of one Nali Balaiah, a businessmen of Veldurthi Village, Kurnool District, for a period of six months, after being satisfied mat the detention was necessary in order to prevent the said Balaiah from further acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community. The detention order recites that the detaining authority (second respondent) received credible information that Balaiah taking advantage of the Gulf crisis:'............indulged in clandestine trade by hoarding huge stocks of 2,225 quintals of Groundnut and 464 quintals of Groundnut seed in authorised and unauthorised godowns of Sri V...

J. Sarveswara Rao Vs. Branch Manager, National Insurance Company Ltd. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Lakshmana Rao, President: 1. Case under Section of 17(a)(1) of the Consumer Protection Act, 1986 praying that in the circumstances stated in the affidavit filed herein the State Commissioner will be pleased to direct the opposite parties to refund Rs. 1,35,000/- which was retained by the Insurance Company out of total loss as assessed by Surveyor with interest at the rate of 13% per annum from 26.9.90 till the date of realisation and also pay interest at the rate of 18% per annum on Rs. 20,85,000/- from 3.10.1988 to 26.9.90 with costs. 2. This case coming on for orders, upon perusing the affidavit filed herein, and upon hearing the arguments of Mr. V. Gowrishankara Rao, Advocate for the petitioners and Mr. A.V.D. Narasimha Rao, Advocate for the respondents the State Commission made the following order : The complainant insured his mechanised sailing vessel by name Shri Vijaya Bharathi Hanuman of 300 tonnes capacity under Marine Hull Insurance Policy No. 550403/ 4100108/88 for Rs. 24 la...

Mutyala Tata Rao Vs. Mutyala Satyavathi

Court: Andhra Pradesh

Reported in: 1992(1)ALT85

D.J. Jagannadha Raju, J.1. This is an appeal filed by the husband-petitioner against the dismissal of the O.P. filed for divorce on two grounds, namely, desertion and cruelty. The appeal is filed against the judgment dated 18th January, 1988 in O.P.No. 21 of 1984 on the file of the subordinate Judge, Ramachandrapuram. The parties were married in the year 1963. They have two children a girl and a boy. They lived together happily till 1978-79. Then bickerings arose between the spouses regarding some properties. It is claimed by the husband petitioner/appellant that in June, 1979, as a result of his questioning the parents of the wife regarding the income from the lands given as Pasupukunkuma, the parents of the respondent took her away from the martial home and since then, in spite of his efforts, she did not come back and live with the husband. In 1979, a suit was filed by the wife for recovery of possession of her property and for rendition of accounts for the profits realised for 16 y...

Tirupati Roller Flour Mills and ors. Vs. State of Andhra Pradesh and o ...

Court: Andhra Pradesh

Reported in: 1991(3)ALT597; [1992]85STC578(AP)

Sardar Ali Khan, J. 1. The ten writ petitioners in this case are the roller flour mills who pray for the issue of a writ of mandamus declaring that the levy of sales tax under section 5 of the Andhra Pradesh General Sales Tax Act, 1957, on maida, ravva, atta, sujji and bran is illegal, unjust and offending articles 265, 286 and 19(1)(g) of the Constitution of India and consequently pray for a direction to the respondents to refund the entire sales tax collected so far on maida, ravva, atta, sujji and bran from the petitioners. 2. The petitioners allege that they purchase wheat through Food Corporation of India or from various markets in North India. They are engaged in disintegrating the wheat through mechanical process and the resultant products, like maida, ravva, atta and other products, are obtained for being sold to the various consumers for the purpose of consumption as food-stuff. The petitioners are paying sales tax either under the Central Sales Tax Act, 1956 (Central Act No. ...

Kanchanapalli Lalithakumari Vs. Kanchanapalli Ramaprasada Rao

Court: Andhra Pradesh

Reported in: 1992(2)ALT631

D.J. Jagannadha Raju, J.1. This is an appeal filed against the judgment and decree in O.P.No. 490 of 1982 dated 8th March, 1988, on the file of the II Additional Subordinate Judge, Vijayawada. The respondent-husband filed the O.P. for divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act (hereinafter called 'the Act'). The wife opposed the petition and she alleged that various allegations in the petition are false and she was never guilty of cruelty to the husband. On the other hand, the husband was guilty of cruelty towards her. She claims that she was harassed and she was fleeced of money and they have not been living apart and even after the filing of the O.P., the husband has been visiting her.2. The court, after elaborate consideration, came to the conclusion that the wife is guilty of cruelty both on the basis of the allegations made in the petition which were spoken to by P.W.1 and his father P.W.2 and also on the basis of unfounded, baseless and rec...

The Rayalaseema Navodaya Minorities Christian Educational Society, Cud ...

Court: Andhra Pradesh

Reported in: AIR1992AP54; 1991(3)ALT87

ORDER1. These proceedings arise out of the refusal of the State to grant permission to the petitioner-Society to establish a College of Education. The relevant facts are the following :2. Petitioner-Society was registered under the Societies Registration Act, XXI of 1960 bearing S. No. 270 of 1988, Members of the Managing Committee of the Society belong to Christ Church in Church of South India, in Cuddapah District. The Society was established with the object of establishingprimary and Upper Primary Schools, technical vocational schools and colleges. College of Education etc. for the betterment of the Christian minorities. Petitioner filed an application for permission to establish a College of Education in Cuddapah on 12-8-1988. On receipt of the application, Government called for a report from the District Educational Officer, Cuddapah on 10-11-1988. Sri Venkateswara University, within whose local jurisdiction Cuddapah District lies, sent up an inspection team which submitted its re...

Vst Industries Ltd. Vs. Assistant Collector of Central Excise

Court: Andhra Pradesh

Reported in: 1992(57)ELT553(AP)

Syed Shah Mohammed Quadri, J.1. The petitioners challenge the validity of the order dated 9-12-1975 in Appeal No. 2115/75 passed by the Appellate Collector of Central Excise, Madras (the 2nd respondent) by praying for a writ of Certiorari to call for the records relating to the said order and to quash the same and for a direction to the respondents to refund the excess amount collected by way of excise duty in respect of equalised freight for the period 1-10-1972 to 30-9-1973. 2. The 1st petitioner is a company registered under the Hyderabad Companies Act IV of 1320 Fasli (now governed by the Companies Act, 1956), and the 2nd petitioner is its shareholder. The 1st petitioner (hereinafter referred to as 'the Company') is in the business of the manufacture, wholesale, sale and distribution of cigarettes. The petitioners filed affidavit in support of the writ petition as also a supplementary affidavit. The facts disclosed therein are as follows :- Between 1st October, 1972 and 30th Septem...

T.J. Swamy and ors. Vs. the Official Liquidator, High Court of A.P. an ...

Court: Andhra Pradesh

Reported in: 1992(1)ALT467

Upendralal Waghray, J.1. This appeal under Clause 15 of the Letters Patent by six individuals, who were either the Directors or Officers at the relevant time of Sri Jaya Investment Private Limited, is filed, against the order of the Company Judge dated 5-3-1991 in C.A. No. 312/1987 in C.P. No. 5/1981. The said Company Application is filed by the Official Liquidator impleading ten persons as respondents. Out of the said ten respondents, respondents 4 and 6 were reported to have died and respondent No. 3 was set exparte. This appeal is filed by respondents 1, 2, 5 and 8 to 10 in the said application. In this appeal, the Liquidator is impleaded as respondent No. 1 and respondents 3, 7, 4 and 6 in the Company Application are impleaded as respondents 2 to 5.2. The Company Petition No. 5/1981 was presented to this court on 20-7-1981 by a creditor for winding up of M/s. Jaya Investment Private Limited (hereinafter called the company). By an order dt.28-8-1981 the said Company was ordered to b...

The Andhra Cement Co. Ltd., Rep. by Its Director (Operation) Vs. Govt. ...

Court: Andhra Pradesh

Reported in: 1991(3)ALT411

ORDERSivaraman Nair, J.1. This Writ petition involves the conflicting claims of the petitioner and the 4th respondent for the grant of mining lease in respect of certain areas of land in S.No. 124 of Ravirala Village, Jaggayyapet Mandal, Krishna District. Petitioner submits that it has filed an application on 3-1-1983 for mining lease and waited for twelve months for orders of the licensing authority. Not having received any response, the petitioner filed a revision under Rule 54 of the Mineral Concession Rules deeming the delay as amounting to rejection of the application. The Government of India, which is the revisional authority, by its order dated 19-4-1984 directed the State Government to dispose of the application of the petitioner within 200 days from the date of the order. The State Government did not pass orders within that period. Petitioner thereupon filed Writ Petition No. 15721 of 1984. That writ petition was disposed of by this Court directing the licensing authority to c...

C. Rajendra and Others Vs. Shimac Machine Tools

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Lakshmana Rao, President: 1. This appeal is preferred against the order of the District Forum, Ranga Reddy, District at Saroornagar, Hyderabad, dated September 15, 1990 in CD. No. 4/90 dismissing the consumer dispute filed by the appellants herein. 2. The first appellant herein had been selected under State Government Gramodaya Scheme. He had purchased 8 feet lathe machine from the respondent under Ex. Al Bill No. 160 dated February 6,1990 for Rs. 34,900/-. The amount was advanced by way of loan by the State Bank of Hyderabad. The respondent gave one year guarantee against the manufacturing defects. The lathe machine was delivered by the respondent to the first appellant on February 7,1990. On the delivery challan, Ex. A2, the particulars of the parts delivered by the respondent to the first appellant were noted as follows : The 8 lathe delivered loose 17 gears + 5 with machine, brackets 4, big pully 1,16 dog chuck, 8 three jaw chuck in packet, Motor 3 HP + 3 phase 4 loose bolts, one ...