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Andhra Pradesh Court July 1994 Judgments

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Jul 01 1994

Andhra Conductors (P.) Ltd. Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Jul-01-1994

Reported in: [1994]95STC320(AP)

Syed Shah Mohammed Quadri, J.1. The question which is canvassed in these revision cases is common, therefore, they are heard together and are being disposed of by a common order. 2. The question is 'whether on the facts and circumstances of the case the Central excise duty amounts relating to sales, under a special scheme reimbursable to the petitioner as an incentive, shown in the invoices without being collected from the buyer, would form part of the sale consideration so as to be taxable turnover.' 3. The learned counsel for the petitioner relies on a judgment of a Division Bench of this Court in Sakthi Engineering Co. v. State of Andhra Pradesh in support of his contention that they do not form part of turnover. A similar question came up for consideration of the Division Bench of this Court in that case and it was held that tax on such excise duty was not payable by the customer, namely, the Electricity Board as it did not form part of the taxable turnover. But the learned Governm...


Jul 01 1994

Kondaveeti Pranchis Vs. Mallarapu Lurdamma

Court: Andhra Pradesh

Decided on: Jul-01-1994

Reported in: 1994(3)ALT425

ORDERSyed Shah Mohammed Quadri, J.1. Two questions of frequent application, arise in this Civil Revision Petition:(i) Whether the provisions of Rule 3-A of Order XVIII C.P.C., are mandatory; and(ii) Whether the Court can grant permission to a party to the suit/ proceedings to examine himself as a witness after he had already examined other witnesses on his behalf.2. The questions arise in the following circumstances:The petitioner is plaintiff in O.S. No. 80 of 1986 on the file of the I Additional Subordinate Judge, Warangal. The sole respondent is defendant No. 6 in the said suit. For the sake of convenience, the parties herein will be referred to as per their array in the suit. The suit was filed for perpetual injunction against 14 defendants restraining them from interfering with the plaintiff's possession of the suit land. After the plaintiff closed his evidence, the sixth defendant examined one witness as D.W.I. Later she came into the witness box as D.W.2. In the course of her ex...


Jul 01 1994

Srikanth Spinners, Rep. by Its Proprietor K. Rajesham Kalakal Vs. Stat ...

Court: Andhra Pradesh

Decided on: Jul-01-1994

Reported in: 1994(3)ALT582

ORDERB.K. Somasekhara, J.1. This revision petition is filed against the order passed by the learned Subordinate Judge, Siddipet in O.S.No. 44/89 regarding I.A.No. 412/92. The revision petitioner is the defendant and the respondent is the plaintiff in the suit.2. There is no representation on behalf of the petitioner. Even when the matter was taken up yesterday, there was no such representation on behalf of the petitioner. Therefore, the learned Advocate for the respondent has been heard and the matter is being disposed of on merits.3. The plaintiff is a Bank. The suit was filed for recovery of Rs. 14,70,000/-. The defendant resisted the suit on various grounds by filing written statement on 26-6-1991. Issues were also framed on 6-1-1992 and when the matter was set down for recording the evidence during trial, the defendant filed LA. No. 412/92 under Order 6 Rule 17 CPC to amend the written statement by setting up a counter-claim. The basis for this appears to be that there was a fire a...



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