Andhra Pradesh Court April 1994 Judgments
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S. Mallaiah Vs. Eisther and anr.
Court: Andhra Pradesh
Decided on: Apr-15-1994
Reported in: 1994(2)ALT356; I(1995)DMC179
Syed Shah Mohammed Quadri, J.1. This is a reference under Section 17 of the Indian Divorce Act. The parties are Indian Christians. The petitioner and the first respondent were married according to Christian rites at Church in Uppal on 17.10 1985. The petitioner alleges that he is a Hindu and therefore the marriage was null and void. He also states that he was impotent on the date of the marriage and continues to be so on the date of the application. On the ground that the first respondent committed adultery with the second respondent he sought divorce under Section 27-1(a) of the Special Marriage Act. He examined four witnesses; of them the petitioner is P.W. 1, P.Ws. 2 and 3 are his tenants and P.W. 4 is the Doctor who issued medical report. Ex. P 3, to the effect that the petitioner is impotent. The first respondent examined herself as R.W. 1 and four other witnesses, R.Ws 2 to 5. On considering the evidence of the petitioner the learned Additional Chief Judge did not choose to rely ...
State of Andhra Pradesh Vs. Andhra Pradesh Dairy Development Corporati ...
Court: Andhra Pradesh
Decided on: Apr-13-1994
Reported in: [1994]95STC478(AP)
M.N. Rao, J. 1. No specific question of law falling within the ambit of section 22 of the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the Act') has been referred to this Court in this tax revision case filed by the State against the order passed by the Sales Tax Appellate Tribunal in T.A. No. 468 of 1983 holding that by filing 'F' forms the respondent-Andhra Pradesh Dairy Development Corporation has discharged its initial burden and the view taken by the Deputy Commissioner of Commercial Taxes, on examination of the agreement between the Corporation and its agents in Calcutta, was totally incorrect. 2. During the assessment year 1977-78 the A.P. Dairy Development Corporation effected outside the State certain sales of infant milk food, ghee and skimmed milk power through their agents, M/s. Tea King Private Limited, Calcutta, and M/s. Bijoy Traders, Calcutta. At the time of assessment proceedings, the Corporation produced the 'F' forms given by their agents u...
K.C.P. Limited Vs. Collr. of Central Ex. and Cus.
Court: Andhra Pradesh
Decided on: Apr-13-1994
Reported in: 1995(56)LC408(AP)
M.N. Rao, J.1. The Customs, Excise and Gold (Control) Appellate Tribunal, South Regional Bench at Madras, (for short 'the Tribunal') has referred the following two questions of law to this Court under Section 35G of the Central Excises & Salt Act, 1944 (for short 'the Act'):1. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the amended Rules 11 and 173J as they stood from 6.8.1977 would be applicable to the application of the assessee for refund of Rs. 15,254.28 and that the said application would have to be disposed of according to the said rules as they stood at the time of making the application?2. On the facts and in the circumstances of the case, whether the authorities constituted under the Act including the Tribunal has no power to refund or direct refund as claimed by the assessee?2. The assessee Company-M/s. K.C.P. Limited, Vuyyuru, Krishna District-paid excise duty on levy sugar for the season 1975-76 during the period 10.12.1...
United India Insurance Company Ltd., Kurnool Vs. Madiga Thappeta Ramak ...
Court: Andhra Pradesh
Decided on: Apr-12-1994
Reported in: II(1995)ACC294; 1995ACJ358; AIR1994AP320; 1994(2)ALT561
1. These four appeals are preferred by the United India Insurance Company Limited, respondent No. 3 in the lower court, challenging the judgments of the Motor Accidents Claims Tribunal, Kurnool dated 11th September, 1989, passed in C.P. Nos. 208, 206, 207, and 205 of 1988, awarding various amounts of compensation in favour of the claimants in each petition.2. While the petitioners in the first three appeals, viz., C.M.As. 1988, 1989 and 1990 of 1989 are the legal representatives or dependants of the respective deceased, the petitioner concerned in C.M.A. No. 1991 of 1989 is the injured person. 3. The case of the petitioners in all the appeals is that on the date of incident (i.e. 6-5-1988) at about 10-00 a.m. when the deceased persons, the injured petitioner Ramakka and others were waiting by the sideof the road near a culvert at Kanala village to board a bus to get to a shandy, the tractor driven by the 1st respondent, loaded with stones, came at a high speed and dashed against the de...
D. Thothadri Iyyengar Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Apr-08-1994
Reported in: AIR1994AP323; 1994(2)ALT280
ORDER1. This writ petition filed by the tenant is directed against the Memo No. 804 Accom.A1/92-2 dated 2-11-1992 issued by the respondent No. 1 directing the petitioner to vacate the premises bearing No. 5-3-191, Zeera, Secunderabad (hereinafter shortly referred to as 'the schedule premise') within thirty days from the date of receipt of the order and directing the petitioner to hand over the vacant possession to the third respondent landlord.2. When the petitioner was working as Chief Clerk in the office of the Chief Personnel Officer, South Central Railways was inducted by the third respondent as tenant of the schedule premise in the year 1968 according to the petitioner, but according to the respondents the petitioner was inducted into the schedule premise not in the year 1968 but in the year 1977. As regards this case is concerned whether the petitioner was inducted as tenant either in the year 1968 or in the year 1977 will not make any difference to decide the controversy which a...
Vijayadurga Rice Mill Vs. Commercial Tax Officer, Narsaraopet
Court: Andhra Pradesh
Decided on: Apr-08-1994
Reported in: 1994(2)ALT289; [1994]95STC102(AP)
Syed Shah Mohammed Quadri, J.1. The petitioner filed an appeal against the order of assessment passed by the respondent under the Andhra Pradesh General Sales Tax Act 6 of 1957 (for short 'the Act') for the year 1990-91 on August 24, 1991. The Appellate Deputy Commissioner, Guntur, by order dated October 29, 1992, in Appeal No. 264/92-93, allowed the appeal. The Appellate order resulted in refund of certain amount to the petitioner. The petitioner submits that in spite of the fact that the period of two months contemplated under the Andhra Pradesh General Sales Tax Rules, 1957 (for short 'the Rules') has elapsed, the respondent is not passing an order of refund and seeks a writ of mandamus directing the respondent to give effect to the order of the appellate authority without being influenced by circular Rc. No. 72/93 dated September 24, 1993 of the Deputy Commissioner of Commercial Taxes, No. II Division, Guntur. 2. Dr. Moorthy, the learned counsel for the petitioner, submits that the...
A. Sreeramulu Vs. Superintending Engineer R and B, Nellore Circle and ...
Court: Andhra Pradesh
Decided on: Apr-07-1994
Reported in: AIR1994AP352; 1994(2)ALT72
ORDERM.N. Rao, J.1.The unsuccessful petitioner in Writ Petition No. 517 of 1994 is the appellant before us. The Superintending Engineer (R & B), Nellore Circle, Nellore, issued a notifcation on 22-11-1993 calling for tenders for the work of 'forming road from Naidupet Dhuggarajapatnam Road --Shriharikota with a Link Road to Armugeon Light House at Vadapalem from KM 6.00 to 14.665 and Link Road from KM 0.00 to 4,380'. The notification was published in all the newspapers, pursuant to which eight persons including the appellant and the second respondent submitted tenders. Condition No. 3 of the Tender Conditions is in the following terms:'3. The contractors should produce evidence of their (i) Registration; (2) Required experience certificate as per Special Conditions along with their applications for tender schedules, Tender Schedules will not be issued, if the above evidence is not producedin the required manner along with application.The last dare for obtaining tender schedules from th...
Vulsa Laxminarayana Vs. Vulsa Bhoodamma and anr.
Court: Andhra Pradesh
Decided on: Apr-07-1994
Reported in: 1994(2)ALT445
B.K. Somasekhara, J.1. This is a Plaintiff's appeal. His suit O.S. No. 126/77 was dismissed with costs on 7-8-1981 by the learned sub-Judge (Sri Vaman Rao), Karimnagar. The suit was filed for partition and possession of 2/3 rd share in plaint A schedule properties and l/3rd share in plaint B schedule properties. Plaint A schedule is - a tiled house bearing Municipal No. 2-10-68/C together with vacant site appurtenant thereto situate in Jyothinagar, Karimnagar; and an amount of Rs. 4,890-30 standing in the account No. 103699 of deceased Vulse Venkati s/o Venkatrajyam in the Head Post Office, Karimnagar and some other immovable items. Plaint B schedule is an amount of Rs. 7,500-00 payable to the legal heirs of deceased Vulse Venkati s/o Venkatrajyam in the Office of the Assistant Director of Agriculture, Peddapalli, Karimnagar district. The first defendant resisted the suit whereas the second defendant conceded for a decree as prayed for by the plaintiff.2. One late Vulse Venkati and Vul...
Uddagiri Chalama Raju and anr. Vs. Uddagiri Subba Rao (Died) and ors.
Court: Andhra Pradesh
Decided on: Apr-07-1994
Reported in: 1994(2)ALT522
ORDERY. Bhaskar Rao, J.1. The appellants are the plaintiffs and the respondents are the defendants in the suit. For the sake of convenience, they are referred to as arrayed in the suit.2. The facts of the case are that the plaintifs are the father and son and the defendants are also father and sons. Plaintiff No. 1 and the defendant No. 1 are brothers and sons of late Komaraju. At the time of death of Komaraju, the respondent No. 1 was ten years old and the appellant No. 1 was five years old. So, they were taken away by their maternal uncle and were brought up by him. When they grew up they came back to their village and were looking after their joint family properties. At the time of their father's death, they have Acs. 62-00 of land and business and that they inherited and continued the family business. They have earned about Acs. 200-00. They were mostly doing business in paddy, cotton and other ordinary commodities. Differences arose between the brothers. Therefore, they referred t...
R. Sham Singh Vs. Convenor Eamcet - 1993, Andhra University College of ...
Court: Andhra Pradesh
Decided on: Apr-06-1994
Reported in: AIR1994AP308
ORDER1. The petitioner who participated in the EAMCET-1993 with Hall Ticket No. 57859, has filed this writ petition seeking for a declaration that the petitioner is eligible for consideration under Sports quota and to issue consequential direction directing the respondents to consider the petitioner for admission into B.E, Course for the academic year 1993-94.2. The petitioner is a Scheduled Caste person. The petitioner represented India at Asian Junior Gymnastics Championship, New Delhi in the year 1992. The petitionerclaimed a seat under the Sports quota. If the petitioner is eligible to be considered under the Sports quota, it is not in dispute that he would have got the selection, if he was otherwise eligible. He would have got preference in view of his participation in the Inter-national Spoils Events. But the respondents excluded the petitioner from consideration under the Sports quota for the reason that he failed to get the minimum qualifying marks of 30%. The case of the petit...
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