Andhra Pradesh Court October 1993 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
S. Ram Mohan Rao and ors. Vs. the District Co-operative Officer Hydera ...
Court: Andhra Pradesh
Decided on: Oct-29-1993
Reported in: 1994(1)ALT100
ORDERP. Ramakrishnam Raju, J.Writ Petition No. 4185 of 1993:-1. This writ petition is filed for a writ of prohibition restraining the respondents not to proceed further in pursuance of the show cause notice in Rc. No. 3423/92-B, dated February 15, 1993, issued by the Deputy Registrar of Co-operative Societies (Housing), Basheerbag, and also to declare the same as illegal and without jurisdiction.2. The petitioner joined Kalyananagar Co-operative Housing Society as a member in the year 1967. He was allotted a plot by the said Society. Later, he has also joined as a member in Ayodhyanagar Co-operative Housing Society Limited in the year 1980. He has also served as a member of the Managing Committee and also as Vice President of Ayodhyanagar Co-operative Housing Society and he is presently serving as its treasurer. While so, the second respondent issued a show-cause notice under Section 21(3) and 21(AA) of the Co-operative Societies Act - hereinafter called as 'the Act', calling upon him ...
Madana Gopala Krishna and anr. Vs. Narni Gnana Veerabhadraswamy and or ...
Court: Andhra Pradesh
Decided on: Oct-29-1993
Reported in: 1994(1)ALT47
ORDERP. Venkatarama Reddi, J.1. This is a C.R.P. filed by the tenants of a building situate in Eluru town. R.C.C. No. 4/89 was filed by the landlords for eviction of the tenants. Pending the R.C.C., a petition was filed under Section 11(4) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act (hereinafter referred to as 'the Act') seeking for an order to stop all further proceedings and to direct the tenants to put the landlords in possession of the premises. This petition was filed on the ground that the tenants (petitioners herein) had not paid the rent from 1-3-1988 onwards. That means by the date of filing the R.C.C. the tenants committed default in payment of rent due for 10 months commencing from 1-3-1988 to 31-12-1988. Even subsequent to the filing of the petitioner, the tenants did not pay the rents for tine months of January, February and March, 1989. Hence the petition was filed under Section 11(4) of the Act, on 10-4-89. The landlords claim that the rent for...
Southern Steels Ltd. Vs. Union of India
Court: Andhra Pradesh
Decided on: Oct-28-1993
Reported in: 1994(46)ECC159; 1994(69)ELT475(AP)
ORDERV. Sivaraman Nair, J.1. Petitioner is a manufacturer of steel materials. The goods are subjected to Central Excise duty. The petitioner-unit is covered by a Central Excise licence and it has opened a P.L.A. Account in respect of iron and steel. It appears that it had despatched excisable goods with a gate pass to the consignee in Aurangabad, Maharashtra State, on 29-4-1993. The transport had to be accompanied by the gate pass evidencing payment of duty. According to the petitioner, the goods were despatched along with gate pass, which was entrusted to the transporter. On the allegation that the driver of the transport vehicle has lost the original gate pass, the petitioner applied for a copy of the gate pass. Second respondent refused to issue a copy and issued Trade Notice No. 7/93, dated 27-1-1993, to the effect that no credit would be allowed based on the certified copy or authenticated photo copy of the original G.P. 1 on the ground that the original G.P. 1 is lost; and also n...
The Commissioner of Civil Supplies and ors. Vs. Labala Dharma Sahu
Court: Andhra Pradesh
Decided on: Oct-28-1993
Reported in: 1994(2)ALT188
A. Lakshmana Rao, Acting C.J.1. This writ appeal arises out of the order dated 28-9-1992 allowing Writ Petition No. 10401 of 1992. The respondent herein is the writ petitioner. He established a rice-mill at Itchapuram, Srikakulam District, in the year 1964 after obtaining the requisite permit under Section 5 of the Rice Milling Industry (Regulation) Act, 1958 (for short 'the Act'). He was also granted licence under Section 6 of the Act for carrying on rice-milling operations. This license was renewed from time to time till the year 1973-74. As the license was not renewed thereafter, the rice-mill became defunct from 1974-75. For the year 1975-76, the respondents sought for fresh permit under Section 5 of the Act, and fresh permit was granted by the Commissioner of Civil Supplies in his proceedings dated 28-1-1976 and he carried on milling operations thereafter till the year 1983. Again from 1-4-1983, the mill had become defunct. On 21-2-1990, the respondent again applied for a fresh pe...
A. Veerabhadra Rao Vs. Government of Andhra Pradesh, Rep. by Its Secre ...
Court: Andhra Pradesh
Decided on: Oct-28-1993
Reported in: 1993(3)ALT705
ORDERG. Radhakrishna Rao, J.1. This writ petition by the petitioner is for the issue of a writ of mandamus declaring the proceedings in pursuance of the FIR No. 311 of 1992 of Panjagutta Police Station and consequent investigation as void being illegal and unconstitutional.2. The facts leading to the filing of the writ petition are briefly as follows:-The petitioner A. Veerabhadra Rao and another E. Sridhar (Accused Nos. 1 & 2). approached the 3rd respondent (who is the complainant) for supply of cement and in that connection six cheques for a total value of Rs. 72,000/- have been issued by the accused in favour of the complainant. At the time of the issue of the above post-dated cheques, the accused represented to the complainant that the above cheques will be honoured on presentation. Believing the version of the accused, the complainant (R-3) presented those post-dated cheques on the respective due dates in the Bank for collection. But all the above cheques were returned dishonoured...
Bhagyanagar Metals Ltd. Vs. Commercial Tax Officer, Ramgopalpet Circle ...
Court: Andhra Pradesh
Decided on: Oct-27-1993
Reported in: [1994]93STC40(AP)
V. Sivaraman Nair, J.1. The only question which arises in this writ petition is : Whether, the Commercial Tax Officer is entitled to issue a demand couched in the form of notice requiring an assessee to pay a fairly large amount of money allegedly towards sales tax, which may be due, if, according to him, the correct rate of tax was applied to the turnover of the dealer, who is the petitioner before us 2. It is surprising that the Commercial Tax Officer would not look into the law which has conferred power on him and which regulates the exercise of such power. It is not his ipse dixit that the tax paid by the assessee is short of what was due or the rate at which the tax was paid was less than the tax which was due, that should determine the entire proceedings. If the assessee pays tax which is less than what ought to have been paid or the rate applied was less than what should apply, the provisions of the Andhra Pradesh General Sales Tax Act (A.P.G.S.T. Act) would require the Commerci...
Sakinala Hari Nath and ors. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Oct-26-1993
Reported in: 1993(3)ALT471
M.N. Rao, J.1. In this batch of cases, the primordial question for consideration concerns the constitutionality of Sub-clause (d) of Clause (2) of Article 323A. Part XIV-A of the Constitution of India consisting of two Articles - 323A and 323B - was inserted by Section 46 of the Constitution (42nd Amendment) Act, 1976 with effect from 3-1-1977. Clause (1) of Article 323A confers power on Parliament to establish, by law administrative tribunals for adjudication of disputes and complaints with regard to persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local authority or of Public Corporation controlled or owned by the Government. Sub-clauses (a) to (g) of Clause (2) speak of what the law made under Clause (1) may provide for. Sub-clause (d) of Clause (2) lays down that the law made under Clause (1) may 'exclude the jurisdiction of all Courts except the jurisdiction of the Supreme Court under Article 136 with respect to t...
Paro Food Products Rep. by Its G.P.A. Holder, Sri B. Prakash Chand Sax ...
Court: Andhra Pradesh
Decided on: Oct-25-1993
Reported in: 1994(1)ALT172
ORDERB. Subhashan Reddy, J.1. This Revision Petition is not at all maintainable as there is no order passed by the Court-below so as to be assailed under Section 115 of C.P.C. There is no decision or order rendered by the lower Court so as to invoke the revisional jurisdiction under Section 115 of C.P.C. The complaint is that even though the lower Court has heard the Counsel at length perused the affidavit filed in support of the I.A. as also the documents 1 to 53 in support of the claim for temporary injunction, the lower Court did not make any interim order as contemplated under Order 39 Rules 1 and 2 read with Rule 3 thereof and that thereby committed material irregularity in exercise of the jurisdiction vested in it by law. The contention is that the lower Court having power to pass the interim order was bound to pass the said interim order having regard to the material on record and that non-passing of the said ex-parte interim order amounts to failure to exercise the jurisdiction...
Sri S. Santhanam, I.A.S. and anr. Vs. State of Andhra Pradesh Rep. by ...
Court: Andhra Pradesh
Decided on: Oct-15-1993
Reported in: 1993(3)ALT666
Y. Bhaskar Rao, J.1. These two writ petitions give rise to the far-reaching question, whether the Lokayukta has jurisdiction to conduct preliminary verification into matters touching the All India Service officers. By virtue of Andhra Pradesh Lokayukta & Upa-Lokayukta Act, 1983 (for short 'the Act 11/83'), the Institution of Lokayukta is established in the State with the prime object of meeting the of expressed public outcry against the prevalence of corruption, the existence of wide spread inefficiency and the unresponsiveness of the administration to the popular needs and to provide a machinery in order to examine public complaints and shift the genuine from the false or the untenable so that the administrative failures and achievements could be publicly viewed in their correct perspective.2. It is not disputed that the term 'preliminary verification' as used in the Act 11/83 is similar to the expression 'investigation' in the code of Criminal Procedure and the term 'investigation' i...
State of Andhra Pradesh and anr. Vs. P. Lakshmu Reddy
Court: Andhra Pradesh
Decided on: Oct-14-1993
Reported in: 1993(3)ALT694; 1994(1)ARBLR402(AP)
P. Ramakrishnan Raju, J. 1. The Civil Revision Petition and the Civil Miscellaneous Appeal arise out of a common Judgment in Original Suit No. 174 of 1990 and Original Petition No. 75 of 1990 on the file of Sub-ordinate Judge's Court Tirupati. 2. The suit was filed for recovery of Rs. 8,43,049.93 ps. together with interest at 18% p.a. and the same was decreed for a sum of Rs. 7,50,841/- with interest at 6% p.a., Challenging the said decree, the Department filed Civil Revision Petition. 3. Original Petition was filed by the Government Department to set aside the award dated April 19, 1990 under Sections 14, 17 and 30 of the Arbitration Act. As the award was not set aside, this Civil Miscellaneous Appeal by the State. 4. The respondent Contractor hereinafter referred to as 'the Contractor', entered into an agreement No. 41/SE/83-84 dated March 9, 1984 to close the breaches and for reconstruction of Kothalakona in Kalroadpalli village, Chandragiri Taluk, Chittoor District. Originally, the...
- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »