Andhra Pradesh Court December 1994 Judgments

Mrs. Jaya P. Hemarajani Vs. Mrs. Rose Elvina D Souza

Court: Andhra Pradesh

Reported in: AIR1995AP189

ORDER1. There were two suits, one for specific performance of contract by The purchaser and the other for ejectment and arrears of rent by the landlady. The purchser was the tenant and the vendor was the landlady. The suit for specific performance of contract was dismissed, but the suit for ejectment and arrears of rent was decreed Accordingly both the appeals are by one and the same person, but in different capacities of purchaser and the tenant. Similarly the respondent in one appeal is also the respondent in the other appeal, but in different capacities of vendor and the landlady. In this state of affairs and for the sake of convenience, the appellant in both the appeals shall hereafter be also described as the 'purchaser-tenant' or as the 'tenant-purchaser'; and the respondent in the two appeals shall be described as the 'vendor-landlady' or as the 'landlady-vendor'.2. The suit property is a double storeyed house. It was and is owned by the respondent in both the appeals. The first...

M. Sitarama Reddy Vs. Indian Railways Rep. by Its Chairman and ors.

Court: Andhra Pradesh

Reported in: 1995(1)ALT14

ORDERS.R. Nayak, J.1. This petition is by the unsuccessful bidder seeking declaration of the action of the respondents 2 and 3 in awarding the contract for supply and stacking of 50 mm Machine Crushed Stone Ballast to Railway's specifications at Railway Depot Rajahmundry on BZA-VSKP Section of Vijayawada Division (approximate quantity being 3.00 Lacs Cubic Metres) and loading into Railway Wagons/Hoppers by Mechanised/Manual means bearing Tender No. GM/ W/B/19/OT in Tender Notice No. GM/W/SC/Open Tender/93/8 dated 31-8-1993 to the fourth respondent as arbitrary and illegal and to set aside the same. The petitioner has further sought for a consequential direction to the respondents 2 and 3 to award the said work to him.2. The pleadings filed by the parties disclose that open tenders were invited for the supply and stacking of 50 mm. Machine crushed stone ballast to Railways specification, at railway depot at Rajahmundry on Vijayawada - Visakhapatnam section of Vijayawada division on Sout...

S.M. HussaIn Vs. the Ix Asst. Judge, City Civil Court and anr.

Court: Andhra Pradesh

Reported in: 1995(1)ALT286

ORDERMotilal B. Naik, J.1. This Civil Revision Petition is filed invoking the extraordinary jurisdiction vested in this Court under Article 227 of the Constitution of India by an employee.'2. Petitioner is an employee of the second respondent - M/s. Siemens Limited. By an order dated 19-9-1994, the petitioner was transferred from Hyderabad to Manipal Branch in Karnataka State. The petitioner was directed to join duties with effect from 3-10-1994. Questioning the said order, the petitioner had instituted a suit in O.S.No. 5193 of 1994 before the IX Assistant Judge, City Civil Court, Hyderabad - first respondent (hereinafter referred to as 'the lower Court'). Along with the said suit, the petitioner also filed I.A. No. 1373 of 1994 seeking ad-interim injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure.3. In the said application, a detailed counter was filed by the second respondent-Company opposing the relief. The Second respondent had taken a categorical stand in the ...

Commissioner of Income-tax Vs. K.C.P. Limited

Court: Andhra Pradesh

Reported in: [1995]216ITR602(AP)

Avinash Somakant Bhate, J.1. This reference under section 256(1) of the Income-tax Act, 1961 (for short 'the Act'), is made by the Income tax Tribunal on the motion of the Revenue. The question of law on which answer is sought is as follows : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in upholding the order of the Commissioner of Income-tax deleting Rs. 14,96,130 being the excess realisation over and above the authorised price on sale of sugar ?' 2. The assessee-company manufactures items like sugar and so on. In the assessment year 1972-73, the company collected an amount of Rs. 14,96,130 as the price of sugar which was in excess of the levy sugar price fixed by the Government for that year. The levy price fixed by the Government was challenged by the company and the said litigation was pending in the Supreme Court. The amount of Rs. 14,96,130 represents the amount in dispute, being the price over and above the price fixed by th...

S.B.H. Co-op. Bank Officers Welfare Association and ors. Vs. Govt. of ...

Court: Andhra Pradesh

Reported in: 1997(2)ALT62

Lingaraja Rath, J.1. The challenge in all these Writ Petitions is to the mode of determination of the annual rental value of the buildings in the Municipal Corporation areas and the Municipalities of the State of Andhra Pradesh as has been brought in by the amendments of the Hyderabad Municipal Corporations Act, 1955, hereinafter referred to as ' the Corporations Act', and the Andhra Pradesh Municipalities Act, 1965, hereinafter referred to as ' the Municipalities Act', by the Andhra Pradesh Municipal Laws (Amendment) Act, 1989 (Act No. 20 of 1989) which came into force on 1-11-1990, and the provisions made for determination of the annual rental value and the rate of monthly or yearly rent of buildings in the Hyderabad Municipal Corporations (Assessment of Property-tax) Rules, 1990 and the Andhra Pradesh Municipalities (Assessment of Taxes) Rules, 1990 respectively framed under the two Acts and referred hereinafter as 'the Corporation Rules' and the 'Municipalities Rules'. So far as th...

B. Narsimha and ors. Vs. Commanding Officer, Station Workshop and ors.

Court: Andhra Pradesh

Reported in: (1995)IILLJ1107AP

S.S. Ahmad, C.J.1. This Writ Appeal is directed against the judgment and order, dated October 28, 1994, passed by Mr. Justice A. Gopala Rao, dismissing the writ petition on the ground that the writ petitioners, who are the appellants before us, have their remedy before the Central Administrative Tribunal and the Writ Petition is not maintainable in this Court under Article 226 of the Constitution of India.2. The appellants have filed the Writ Petition for the following relief.'It is therefore, prayed that this Hon'ble Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in deducting amounts from the salaries of the petitioners herein on behalf of the third respondent herein for the alleged financing for purchase of consumer durable goods from the second respondent as illegal, arbitrary and without jurisdiction and consequently direct the first respondent to refund the amounts which we...

Coastal Papers Limited Rep. by Its Managing Director, Mr. C.V. Rao Vs. ...

Court: Andhra Pradesh

Reported in: 1995(1)ALT381

ORDERN.Y. Hanumanthappa, J.1. This Writ Petition is filed by one of the rival traders challenging the Letter of Intent No. LI-120 (1994) dated 7-3-1994 issued by the first respondent in favour of 8th respondent to install a Sugar Unit at Veeraghattarn in Srikakulam District of Andhra Pradesh, and requesting to direct respondents 6 and 7 not to allot any zone or area of operation of cane development potential to the 8th respondent, in Srikakulam District and to cancel any allotment of zone of operation, if already made to him.2. A few facts which are necessary to dispose of this Writ petition are as follows:-Srikakulam district, according to the petitioner, is one of the backward districts in Andhra Pradesh. As existing sugar units in the district not sufficient and adequate to cater to the needs, he submitted an application on 9-7-1990 requesting the Union of India, Ministry of Industry to grant him a Letter of Intent to install a Sugar unit with an installed capacity of 2,500 TCD at S...

Secretary, Board of Secondary Education, Andhra Pradesh Vs. Consumer C ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The third opposite party i.e., Secretary, Board of Secondary Education in C.D. No. 752/93, Distt. Forum, Warangal preferred this appeal. 2. The 1st respondent herein i.e., Consumer Council. Dornakal filed a complaint on behalf of eight students claiming compensation of Rs. 50,000/- for the loss of one academic year, travelling charges Rs. 1000/-, compensation Rs. 10,000/- and costs. 3. The case as set up in the complaint is that eight applicants appeared for SSC examination to be conducted in March, 1993 and paid prescribed fee, but they did not receive hall tickets from the concerned authorities. They approached the second opposite party i.e., Headmaster, ZPP High School, Dornakal on 7.3.1993 complaining that they did not receive the hall.tickets, and inspite of a telegram by the second opposite party there was no response from the third opposite party i.e., appellant. When one of the candidate by name Sarala Kumari went to the third opposite party,...

Rajendra Oil Mill and Refinery Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1995(1)ALT436; [1995]97STC192(AP)

Syed Shah Mohammed Quadri, J.1. The dealer, an assessee under the Andhra Pradesh General Sales Tax Act, 1957, for short 'the State Act', is the petitioner in this tax revision case, filed under section 22(1) of the State Act against the order of the Sales Tax Appellate Tribunal in T.A. No. 166 of 1979, dated August 25, 1986. 2. The petitioner deals in castor oil. For the assessment year 1973-74 he claimed exemption of turnover on the ground that the sales were 'export sales'. In respect of a part of the turnover exemption was allowed. In respect of that part for which the claim was rejected, the petitioner filed an appeal before the Assistant Commissioner. The appeal was partly allowed holding that a part of disputed turnover related to inter-State sales but not export sales. However, the appellate authority remanded the matter to the assessing authority, viz., Commercial Tax Officer, to enable the petitioner to produce 'C' forms regarding turnover which was not exempted. Against the o...

State of Andhra Pradesh Vs. Feno Plast Private Limited

Court: Andhra Pradesh

Reported in: [1995]97STC316(AP)

Syed Shah Mohammed Quadri, J.1. These two tax revision cases and the writ petition arise out of the same facts and raise common questions of fact and law, therefore they are heard together and are being disposed of by a common order. 2. The State is the petitioner in the tax revision cases and the assessee is the respondent in them. The writ petition is filed by the assessee-respondent. 3. By a common order dated June 12, 1989, the Sales Tax Appellate Tribunal, Hyderabad, allowed three tax appeals. Here we are concerned with two tax appeals. T.R.C. No. 284 of 1990 is filed against the order in Tax Appeal No. 197 of 1989 which relates to the assessment under the Central Sales Tax Act, 1956 (for short 'the CST Act'), for the assessment year 1987-88 and T.R.C. No. 320 of 1990 is filed against the order in T.A. No. 219 of 1989 which relates to the assessment of the tax for the year 1987-88 under the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the APGST Act'). 4. To appreciate th...