Andhra Pradesh Court April 1993 Judgments

Registrar of Companies Vs. C. Pullaiah Setty and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complaint was filed for a direction to the opposite parties i.e. the Registration of Companies and the Secretary, Tungabadhra Industries Limited for payment of Rs. 89.00 with interest thereon at the rate of 18% p.a. till the date of realisation and costs. 2. The complaint came to be filed in the following circumstances : The complainant is a share holder in Tungabadra Industries Limited. The company declared divident for the years 1972-73 and 1986 and the dividend to the complainant was due. As the complainant did not receive the dividend due to change o f address for over a period of three years, the Tungabadra Industries send the amount of dividents to the Registrar of Companies under Section 205-A of the Companies Act. According to the complainant the amount of Rs. 89/- is lying in deposit with the first Opp. Party. Whereas according to the counter a sum of Rs. 59/- is lying with the first Opp. Party. It is not necessary for us to decide in th...

Assistant Commissioner of Income-tax Vs. Ved Prakash and anr.

Court: Andhra Pradesh

Reported in: (1994)122CTR(AP)362; [1994]209ITR448(AP)

V. Sivaraman Nair, J. 1. This is a writ petition filed by the Assistant Commissioner of Income-tax, Investigation Circle 1(1), Hyderabad, seeking issuance of a writ a certiorari calling for the records relating to the order of the Income-tax Appellate Tribunal in M. P. No. 41/Hyd of 1992, dated September 29, 1992, and to quash the same. 2. A brief resume of facts is necessary to understand the controversy involved in this writ petition. The first respondent herein filed his returns of income for the assessment year ending March 31, 1985 and the assessing authority accepted the same in its order dated August 28, 1985. The assessee had filed only the income and expenditure account. He has not stated whether he had maintained books of account, not had he produced the balance-sheet or profit and loss account. There was a search of the premises of the first respondent-assessee on December 8, 1987, and gold, cash and books of account were seized. On April 7, 1988, the assessee filed a revise...

Union Bank of India, Rep. by Its Branch Manager Vs. Sunkara Rama Thula ...

Court: Andhra Pradesh

Reported in: 1993(2)ALT563

D. Reddeppa Reddi, J.1. The plaintiff namely, Union Bank of India, Guntur in O.S.No. 6 of 1984 on the file of the Additional Subordinate Judge, Narasaraopet, is the appellant herein. It has filed the suit against defendants No. 1 to 4 for recovery of a sum of Rs. 26,064-40 paise on the basis of promissory notes dated 22-10-1974 and 1-11-1979 (Exhibits A-2 and A-3) and the deeds of mortgage dated 28-8-1973 and and 22-10-1974 (Exhibits A-1 and A-4) executed by the 1st defendant and the guarantee bond dated 22-10-1974 (Ex.A-5) executed by defendants No. 2 to 4. As per Exhibits A-2 and A-3, the rate of interest payable was 3 1/2% over and above the Reserve Bank of India rate of interest subject to a minimum of 12 1/2% per annum with half yearly rests.2. The plea of the defendants in their written statement was that they are entitled to the benefit of the provisions of Section 13 of the Andhra Pradesh (Andhra Area) Agriculturists Relief Act, 1938. The learned Additional Subordinate Judge ha...

The New India Assurance Company Limited Rep. by Its Branch Manager Vs. ...

Court: Andhra Pradesh

Reported in: 1993(2)ALT531

Radhakrishna Rao, J.1. This appeal is filed by the Insurance Company aggrieved by the order dated 3-7-85 in O.P.No. 374/82 passed by the District Judge-Cum-Motor Accidents Claims Tribunal, East Godavari.2. The legal representatives of one Krishnamurthy, who died in a motor accident filed the claim petition alleging that on 2-7-1982 at about 11 p.m. while the deceased was on duty in the premises of the A.P. Paper Mills, Rajahmundry a lorry bearing No. A.A.P 6864 owned by the 6th respondent herein was driven rashly and negligently by the driver of the lorry and due to the said act, accident accured. The claimants claimed a total compensation of Rs. 1,10,500/-.3. The deceased was found to be employed in the A.P. Paper Mills. So, the potentialities of that person and the loss of dependency has been worked out by the lower court and it awarded a compensation of Rs. 88,500/-. The driver and the owner of the lorry ramained ex parte. The decree was passed as against the owner, driver and the I...

Electrical Revenue Officer Vs. Kollu Jayarama Naidu

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The facts leading to the filing of this appeal may briefly be stated as follows: The complainants father is having an agricultural service connection SC No. 30 at Nandameedi Kammapalli. According to the complainant, no arrears of electricity charges are due with regard to the said service connection. While so, the complainant received a notice some time in 1987 stating that he has to pay a penalty of Rs. 876./-. To the said provisional assessment notice, the complainant sent a reply stating that he is not liable to pay. According to the complainant, again in 1989 notices were issued for payment of the amount. Thereafter he enquired with the Electrical Revenue Officer and he was informed that in 1985 there was some dis-connection for non-payment of electric bills for a period of three months. Alleging that the power supply was never dis-connected in 1985 and that, there were no arrears payable by him, and that therefore, the dis-connection affected in...

P. Krishna Kumar Vs. the Mitra Agencies and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. This case coming on for hearing upon perusing the petition and upon hearing the arguments of Mr. Ch. Jagannadha Rao Advocate for the petitioner and Mr. Y.N. Lohita Advocate for the respondents.The court made the following ORDER : 2. The complainant booked a Maruthi Omni Flat roof Van with the first opposite party on 16-5-1991. He paid the entire cost of the van prevailing as on 16-5-91. According to the complainant the first opposite party informed him that the van would be delivered within a period of 8 weeks and the same was confirmed in the order booking form. But the opposite party did not deliver by 24-7-1991 i.e., within 8 weeks. On account of the Union Budget, there was enhancement of the price of the van by about Rs. 30,000/-. The opposite party, therefore, insisted on payment of the difference in price consequent on the Union budget. The Complainant got a legal notice issued on 98-91 for release of the Omni Flat roof van for. the price stip...

Usha Rani, Hyderabad Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Reported in: 1994(1)ALT(Cri)668; 1994CriLJ112

S.V. Maruthi, J. 1. This Writ Petition is filed by the wife of the detenu Sri Vishan Singh alias Tipusoni for a direction to the respondents to produce her husband (detenu) before this Court and set him at liberty forthwith. 2. The 1st respondent-Government of Andhra Pradesh, by its order dated 4-11-1992 detained the detenu, namely, Vishan Singh alias Tipusoni under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended), on the ground that it is necessary to prevent him effectively from further dealing in smuggled goods. 3. In support of the order of detention, the 1st respondent relied on the following grounds; on 28-8-1992, the officials of Directorate of Revenue Intelligence (D.R.A.), Hyderabad made a surprise visit at 11.00 a.m. of the premises of Swasthik Refinery, Bakaram, on the reasonable belief that some contraband silver was secreted in the said refinery. At the time of the visit, the D.R.A. Officers found the following p...

A. Swapna and ors. Vs. Convenor, Eamcet-92, Andhra University and ors.

Court: Andhra Pradesh

Reported in: 1993(2)ALT352

ORDERS. Parvatha Rao, J.Writ Petition Nos. 9063 and 9277 of 1992:1. Petitioners in these two Writ Petitions appeared for the commom entrance test for admission to the first year of the various medical courses like M.B.B.S. and B.D.S. etc., known as Engineering, Agricultural & Medical Common Entrance Test (EAMCET) conducted for the academic year 1992-93 by the Andhra University, Convener of which is the 1st respondent. The results of the said test were published in all the dailies on 13-7-1992. Petitioner in Writ Petition No. 9063 of 1992 (hereinafter referred to as 'the 1st petitioner') secured 36 marks in Biology, 40 marks in Physics and 34 marks in Chemistry out of 50 in each of the said subject i.e., a total of 110 marks out of 150 marks and her rank was shown as 918. Petitioner in Writ Petition No. 9277 of 1992 (hereinafter referred to as 'the 2nd petitioner') secured 35 marks in Biology, 41 in Physics and 36 in Chemistry i.e, a total of 112 marks out of 150 marks and her rank was ...

Oruganti Bhaskara Rao and ors. Vs. Angara Saibabu and anr.

Court: Andhra Pradesh

Reported in: 1993(2)ALT475

ORDERSyed Shah Mohd. Quadri, J.1. The plaintiffs in O.S.No. 668 of 1980 on the file of the IV Additional District Munsif, Visakhapatnam, are the petitioners in this Civil Revision Petition. The suit was filed for declaration and injunction in respect of the suit property against the first defendant in 1980. On 24-12-1982 the petitioners impleaded the second defendant The second defendant filed his written statement on 3-3-1987. In the written statement he took the plea that the plaintiffs had under valued the suit and if the suit is valued on the basis of the market value as in 1980, the Court would not have pecuniary jurisdiction to try the suit. On the basis of that plea, three additional issues were framed on 12-3-1987, of which issue No. 2, which is relevant for purposes of this revision, is as follows:-'Whether the court fee paid is not correct and this Court has no jurisdiction?'Thereafter, the second defendant filed I.A.No. 190 of 1987 to give a finding on additional issue No. 2...

Martha Bikshapathi Vs. Mathu

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complainant in C.D. No. 194 of 1991 is the appellant. According to the complainant, he was selected for the year 1989-90 under Gramodaya Scheme for establishing a printing press. The opposite party expressed its willingness to advance the loan and pursuant to the said willingness, the complainant submitted a quotation for Rs. 36,241.05 for purchase of machinery. He also deposited the balance amount of Rs. 1,241.05 over and above that of the loan amount of Rs. 35,000.00, which the opposite party agreed to sanction. It is also the allegation that the opposite party orally instructed the complainant to purchase the machinery by paying cash to Sai Kripa Enterprises and that they would reimburse on production of the bills. According to the complainant, believing the representation of the opposite party, he purchased the machinery by raising the loan and installed it at his own cost. Since the opposite party did not grant the loan, the complaint was fi...