Andhra Pradesh Court November 1994 Judgments
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Venkatarama Medical and General Stores Rep. by Its Managing Partner, M ...
Court: Andhra Pradesh
Decided on: Nov-23-1994
Reported in: 1995(1)ALT725
ORDERKrishna Saran Shrivastav, J.1. This revision petition is directed against the judgment of the District Judge, Machilipatnam in CMA No. 46 of 1994 reversing the order of the Principal District Munsif, Machilipatnam in LA. No. 756 of 1994 in O.S. No. 165 of 1994.2. The plaintiff-firm is the petitioner herein. The firm filed the said LA. for interim injunction against the respondents from opening a Medical Shop or from interferring with the possession an enjoyment of the plaint schedule property. The petitioner alleged that it is a tenant in the plaint schedule shop and by virtue of the agreement Ex.A-2 dated 15-10-1992, the respondents had agroed not to open any shop in the premises belonging to them and situated adjoining to the shop in occupation of the petitioner-firm as their tenant. The respondents have opposed the said I.A on the ground that a similar suit on the same cause of action had been filed by the petitioner-firm and is pending and, therefore, the 2nd suit is barred. I...
P. Kalavathi Vs. the Director, Nizam's Institute of Medical Sciences a ...
Court: Andhra Pradesh
Decided on: Nov-23-1994
Reported in: 1995(1)ALT181
ORDERS.V. Maruthi, J.1. This Writ Petition is filed for a direction to call for the records relating to Circular Re. No. 4/ 197/89-E1, dt. 7-11-1991 and also for a consequential order to the effect that the promotion of the 2nd respondent as Senior Lab-Investigator issued in proceedings Rc.No. 4/260/NIMS/92-E2, dt. 11-3-1992, is arbitrary, discriminatory and violative of the principles of natural justice.2. The petitioner was appointed pursuant to an advertisement dt.26-2-1988 as junior lab investigator in the Nizams Institute of Medical Sciences. The educational qualifications prescribed for the post of junior lab-investigator are-B.Sc. with Botany, Zoology, Chemistry subjects and a Diploma/Certificate course in Medical Lab-Technology from a Medical College. The petitioner passed M.Sc., with Chemistry and possess Diploma in preventive medicine. In addition to that, she had practical experience in the Laboratory tests for more than a year. She was called for the interview along with th...
Hotel Manasasarovar Vs. Union of India and ors.
Court: Andhra Pradesh
Decided on: Nov-22-1994
Reported in: (1995)123CTR(AP)576; [1995]213ITR668(AP)
M.N. Rao, J.1. The constitutionality of the amendments made to sections 2 - 5, 7 and 15 of the Expenditure Tax Act, 1987 (for short, 'the Act'), by the Finance (No. 2) Act, 1991, is under challenge in this batch of writ petitions. Except in Writ Petition No. 14175 of 1991, the petitioner in the other writ petitions are hoteliers. In Writ Petition No. 14175 of 1991, the petitioner is a practising advocate. Because of the commonality of questions involved for adjudication, we are inclined to dispose of all the writ petitions by this common judgment. 2. The Act of 1987, as it stood prior to the Amendment Act of 1991, was enacted to provide for the levy of a tax on expenditure incurred in certain hotels. Section 3 laid down that the Act shall apply : '(1) In relation to any chargeable expenditure incurred in a hotel wherein, the room charges for any unit of residential accommodation at the time of the incurring of such expenditure are four hundred rupees or more per day per individual. (2...
B. Anjaneyulu Vs. V.G. Raghunathan
Court: Andhra Pradesh
Decided on: Nov-22-1994
Reported in: 1995(1)ALT131
B.S. Raikote, J.1. This is a defendant's appeal challenging the judgment and decree dated 4-3-1992 passed in O.S. No. 261/1988 on the file of Addl. Subordinate Judge, Rangareddy District, at Saroornagar. The Court below decreed the suit filed by the respondent/plaintiff for specific performance of the contract.2. For the sake of convenience, the parties herein are referred to as they are arrayed in the lower Court.3. The learned Counsel for the appellant-defendant strenuously contended that the impugned judgment and decree passed by the Court below are not only contrary to law but also contrary to the evidence on record. On the other hand, the learned Counsel appearing for the respondent-plaintiff supported the decree and judgment of the lower Court.4. In order to appreciate the rival contentions in the appeal, it would be necessary to state the facts of the case.5. The respondent-plaintiff filed a suit for specific performance of the contract alleging that the appellant-defendant has ...
George Jacob Kuruvilla and ors. Vs. Special Officer and Competent Auth ...
Court: Andhra Pradesh
Decided on: Nov-22-1994
Reported in: 1996(1)ALT783
ORDERT.N.C. Rangarajan, J. 1. This writ petition seeks a direction to the first respondent to grant approval under Section 26 of the Urban Land (Ceiling and Regulation) Act, 1976 and a further direction to the fourth respondent to register the sale deeds executed by the petitioners. 2. The petitioners are the children of Jacob Kuruvilla, who died in 1965. He had Act. 3-23 guntas of land in Road No. 12, Banjarahills, Hyderabad. Under the Christian Law applicable to them, 1/3 rd of the property devolved on his widow Mary and 2/9th each on his two sons and one daughter. The extent of land given to Mary's share was 4,721 Sq.Mts. and the extent of land given to the children was 3,147.54 Sq.Mts., each. Under the provisions of the Act, which came into force on 17-2-1976, which was promulgated on 17-2-1976 with retrospective effect from 17-2-1975, every person is entitled to retain 1000 Sq. Mts. and surrender the rest to the Government. In respect of such retained land also, the approval of th...
Jayadurga Industries Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Nov-21-1994
Reported in: [1995]99STC74(AP)
Avinash Somakant Bhate, J.1. This is the tax revision preferred by the State Government challenging the order of the Sales Tax Appellate Tribunal. 2. The question involved in this T.R.C. is whether the bends and junction boxes made of P.V.C. material have to be taxed under the A.P. General Sales Tax Act, 1957 (hereinafter referred to as 'the APGST Act', for short) as per entry No. 38 or entry No. 88 of the First Schedule to the APGST Act. 3. There is no controversy whatsoever that the bends and the junction boxes which are subject-matter of this dispute are P.V.C. material. At the material time, i.e., for the assessment year 1981-82, entry No. 88 was 'for articles of P.V.C. materials'. The said entry, it may be pointed out has been omitted in 1988. Entry No. 38 so far as relevant for our purposes at the relevant time was : 'All kinds of electrical goods, instruments, apparatus and appliances, that is to say - ........... (ii) casings, cappings, reapers, bends, junction boxes, meter bo...
Macherla Narayanamma Vs. Jt. Collector and ors.
Court: Andhra Pradesh
Decided on: Nov-21-1994
Reported in: 1995(3)ALT458
Lingaraja Rath, J.1. The land which had vested with the Government as surplus land under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, hereinafter referred to as 'the Act', and had been settled with the petitioner to the extent of Ac. 4-92 cents in S.No. 230/2 in Krishnapuram village having been cancelled by the 2nd respondent, the Revenue Divisional Officer, Anantapur in proceedings Re. No. 4049/85 dated 18/31-3-1986, and the order having been confirmed in appeal by the 1st respondent, the Joint Collector, Anantapur on 30-6-1988 the petitioner has approached this court for relief. The assignment in favour of the petitioner had been made on 18-10-1982 and it is her case that she had entered into possession and was cultivating the land. According to the assignment made under Rule 10 of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Rules, 1974, hereinafter referred to as 'the Rules', the price of the land is to be paid in fifte...
N. Kristappa Vs. Chief Election Commissioner and Others
Court: Andhra Pradesh
Decided on: Nov-17-1994
Reported in: AIR1995AP212; 1995(1)ALT121
ORDER1. In these two Writ Petitions, subtle but interesting proposition of law has fallen for consideration before this Court and, therefore, these two Writ Petitions are disposed of by a common judgment.2. Writ PetitionNo. 20130/94 is filed by a Telugu Desam Party candidate and petitioners in Writ Petition No. 20283/94 are the independent candidates who have filed their nominations to 163-Gorantla Assembly Constituency of Ananthapur District in Andhra Pradesh State.3. The facts which emanate from these two Writ Petitions are as under :- 4. The notification for General Elections to the Legislative Assembly for the State of Andhra Pradesh in terms of Clause (2) of Section 15 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') was issued by the Governor of Andhra Pradesh in Notification No. 597/ Elec. F/94, General Administration (Elec. F) Department, dated 1-11-1994 calling upon all the Assembly Constituencies in the State to elect members in accordance ...
Emjak Industries Limited Vs. Commercial Tax Officer and ors.
Court: Andhra Pradesh
Decided on: Nov-15-1994
Reported in: 1994(3)ALT565; [1995]97STC173(AP)
M.N. Rao, J.1. The question at issue, in these two writ petitions is, whether the petitioners are 'manufacturers' under section 5-B of the A.P. General Sales Tax Act, 1957, in order to claim the benefit of the lower rate of tax at four per cent. in respect of the raw materials purchased by them and utilised for the manufacture of finished products within the State 2. The petitioners in both the writ petitions are registered dealers under the A.P. General Sales Tax Act; they deal in biscuits. As the facts in both the cases are similar, suffice it to refer to the facts in one case briefly. 3. The petitioner in Writ Petition No. 14105 of 1990, viz., M/s. Emjak Industries Limited, is a registered dealer under the Andhra Pradesh General Sales Tax Act (hereinafter referred to as 'the Act'), engaged in the business of manufacture and sale of biscuits known as 'Ampro biscuits'. It purchases raw materials such as maida, sugar, fats, chemicals and packing materials and claims to utilise the same...
P. Sreerama Reddy and ors. Vs. the Commissioner Rajahmundry Municipali ...
Court: Andhra Pradesh
Decided on: Nov-14-1994
Reported in: 1996(2)ARBLR298(AP)
ORDERS. Parvatha Rao, J. 1. Notice before admission was ordered in this Writ Petition on 17-10-1994 and respondents were directed not to finalise the tenders and not to award the works covered by the impugned tender notice dated 7-10-1994 to any one, pending further orders. The 1st respondent herein filed his counter affidavit dated 24-10-1994 and sought vacation of the interim directions granted on 17-10-1994. On behalf of the petitioners, the 1st petitioner gave his replay affidavit dated 24-10-1994. 2. Heard the learned counsel for the petitioners and the learned counsel for the 1st respondent. It is agreed by them that the Writ Petition itself should be disposed of at the admission stage itself. 3. The petitioners question the short tender notice dated 7-10-1994 bearing Roc. No. E3-9449-94 issued by the 1st respondent herein i.e., the Commissioner, Rajahmundry Municipality, for certain road works within Rajahmundry Municipality area; firstly, on the ground that condition No. 12 int...
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