Andhra Pradesh Court December 1995 Judgments

D and H Secheron Electrodes (P.) Ltd. Vs. Voltare Electrodes (P.) Ltd.

Court: Andhra Pradesh

Reported in: [1997]89CompCas592(AP)

S. Dasaradharama Reddy, J. 1. This is a creditor's petition seeking to wind up the respondent-company under section 433(e) and (f) read with sections 439(1)(b) and 434(1)(a) of the Companies Act, 1956 (for short 'the Act'). The ground on which the petitioner seeks the winding up is that the respondent-company has not paid Rs. 2,51,677 which are the outstanding arrears of royalty payable for the year ending with January 31, 1985, together with interest, in spite of statutory notice issued under section 434 of the Act. According to the petitioner, it entered into an agreement with the respondent-company on March 17, 1980, whereunder it agreed to provide technical know-how for the manufacture of electrodes for which the respondent has to pay royalty amount for a period of 15 years at 5 per cent. of the sale value, which was later reduced to 3 per cent. The accounting year of the respondent-company ended with January 31, during that time. To the letter issued by the petitioner on December ...

V.V. Projects and Investments P. Ltd. Vs. 21st Century Constructions P ...

Court: Andhra Pradesh

Reported in: [1997]90CompCas346(AP)

1. The petitioner, a private limited company, has filed this petition under section 433(f) of the Companies Act, 1956 (for short, 'the Act'), for winding up of the respondent-company on the ground that it is just and equitable. According to the petition, the authorised capital of the respondent-company is Rs. 10,00,000 divided into 10,000 equity shares of Rs. 100 each and the amount of paid-up capital is Rs. 5,75,000 which is the value of 5,750 shares. Prior to the formation of the company there was a partnership firm under the same name of 21st Century Constructions. By subsequent retirement deeds many partners retired and as a consequence of the last retirement deed which was executed on March 31, 1987, Mr. E. Pratap Reddy, Mr. B.V. Satya Sai Prasad, and the petitioner retired from the firm and all the assets and liabilities of the firm vested in the respondent-company, which possessed valuable assets in the form of immovable property in Hyderabad. It was agreed in the retirement dee...

Percept Advertising and anr. Vs. Secunderabad Health Care Limited

Court: Andhra Pradesh

Reported in: [1998]91CompCas591(AP)

S. Dasaradha Rama Reddy J.1. The petitioner have filed this petition for winding up the respondent-company under section 439(1)(b) read with section 433(e) and 434(1)(a) of the Companies Act, 1956 (for short 'the Act'). The petitioners are engaged in the business of providing advertising and promotional services as advertising advisers and advertising agents. In the course of business in February and March, 1993, the petitioners were appointed and retained as advertising agents by the respondent-company, for successfully promoting the public issue of the respondent-company and also other allied activities. Pursuant to the appointment the petitioners had executed various assignments, i.e., publication in newspapers and magazines, press releases, press conferences, hoardings and advertisements for which various bills were raised which were acknowledged by the respondent. An amount of Rs. 9,58,966 was due in respect of outstanding bills to both the petitioners as on October 19, 1994. To t...

Bhaktimala Beedi Factory Vs. Commissioner of Income Tax

Court: Andhra Pradesh

Reported in: [1996]219ITR6(AP)

P. Ramakrishnam Raju, J. 1. The Tribunal, Hyderabad Bench 'A', referred the following two questions to the High Court for its opinion, viz. : ' (1) Whether the Tribunal was right in law in holding that the royalty paid for the use of the trademark and goodwill is not allowable as a deduction (2) Whether, on the facts and in the circumstances, when the assessee has not admitted any liability to commission payment in the earlier year, the payment of a commission on a settlement during this accounting year is not a proper deduction in computing the income of this year ?' 2. Before answering the reference, it is necessary to refer to a few facts relating to the issue which ultimately led to the above reference. Bhaktimala Beedi Factory, Tirupati (hereinafter called 'the assessee') is a registered firm. The said firm filed its returns of income for the asst. yr. 1987-88 and for the accounting period ending on 31st March, 1987, showing a total income of Rs. 6,54,075. The ITO 'A' Ward, Tirupa...

Azamjahi Mills Vs. the Industrial Tribunal-cum-labour Court and ors.

Court: Andhra Pradesh

Reported in: 1996(1)ALT340; (1996)IILLJ33AP

ORDERSyed Shah Mohammed Quadri, J.1. The petitioner is a public limited company and respondents 2 to 11 are its former employees. Under a scheme introduced by the employer, the employees opted to take voluntary retirement. They were to receive compensation equivalent to 15 days wages for every completed year of service in addition to their eligible gratuity as per the Payment of Gratuity Act, 1972, for short 'the Gratuity Act'. The employer worked out the compensation payable under the agreement on the basis of 30 days a month and paid the compensation. The employees filed petitions before the 1st respondent under Section 33-C(2) of the Industrial Disputes Act, 1947. The said petitions were disposed of by a common order by the first respondent on July 22, 1987, directing the employer to pay the difference of wages on calculating the compensation for 15 days on the basis of 26 days a month. It is the correctness of the common order of the first respondent that is assailed in this writ p...

Tatikonda Papaiah and ors. Vs. Land Acquisition Officer/Revenue Divisi ...

Court: Andhra Pradesh

Reported in: 1996(1)ALT584

ORDERG. Bikshapathy, J.1. The Writ Petition is filed seeking appropriate Writ or Direction declaring the proceedings No. B/737/91 dated 18-11-1992 of 1st respondent. Land Acquisition Officer, Peddapalli as arbitrary and illegal and for consequential direction to pass Award under Section 28A of Land Acquisition Act, on the basis of the Award of the Subordinate Judge, Peddapalli in O.P.No. 392/87. 2. The facts are many in the case. However for the purpose of deciding the issue, the relevant facts are narrated hereunder:In the year 1983, the 1st Respondent issued a notification for acquisition of lands in Ladnapoor village of Singareni Collaries Company Limited. The land belonging to more than 250 persons was affected in the land acquisition proceedings. Aggrieved by the order of the Award of the Land Acquisition Officer, some of the Claimants filed applications under Section 18 of the Act for determination of compensation by the Civil Court. The Subordinate Judge by Award dated 27-4-1989...

Anwarul-uloom Junior College, Rep. by Its Secretary Vs. the State of A ...

Court: Andhra Pradesh

Reported in: 1996(2)ALT728

ORDERS. Dasaradharama Reddy, J.1. These two writ petitions are connected and hence are disposed of by a common judgment. The main writ petition is W.P. No. 5060 of 1993 which may be taken up first. The respondent No. 3 was appointed as Typist on 25-7-1963 in the petitioner-college which is an aided private college. At the time of his appointment he gave his date of birth as 7-11-1936. Disciplinary proceedings were initiated against him on 27-6-1987 on the ground that in the Government Press where he worked earlier he has shown his date of birth as 5-4-1928 and hence he is guilty of misconduct. On the same day he was suspended, pending inquiry. Ultimately he was removed from service on 22-1-1991. Against the removal order the employee filed appeal to the Regional Joint Director who allowed the appeal on 10-7-1991 on the ground that permission of the competent authority was not obtained as required Under Section 79 of the Andhra Pradesh Education Act (hereinafter referred to as 'the Act'...

M.B. Srinivas and Another Vs. M/S. India Housing Finance and Developme ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

K. Ranga Rao, Member: 1. Complaints filed under Section 17(1)(a) r/w Section 12 of the Consumer Protection Act. 2. Briefly stated the allegations in the complaint are as follows : 3. The complainant in C.D. No. 28/1992 is the husband of the complainant in C.D. No. 29/ 1992. The complainant in C.D. No. 28/1992 has been working in the A.P. Electricity Board. In the Newspapers circulated on 22.1.88, 23.1.88, 29.1.88, 1.2.88, 2.2.88, 3.2.88, 10.2.88 and some other dates, the opposite party, India Housing Finance and Development Limited issued publication inviting the public to subscribe to the shares of their Company at the rate of Rs. 10/- each representing that the main object of the Company is to provide long term housing finance for acquisition or purchase of flats or houses in India, that it provides loans to individuals, Co-operative Societies, Association of persons and companies, that the share-holders would be eligible to preferential treatment in the matter of grant of housing lo...

Adapa Goverdhana Rao Vs. Deputy Registrar of Co-operative Societies an ...

Court: Andhra Pradesh

Reported in: 1996(1)ALT319; (1996)IILLJ314AP

ORDERS.R. Nayak, J.1. The petitioner claims to be the elected President of Sri Gopalaswamy Primary Agricultural Co-operative Society, Adapavaripalem village. The first respondent under Section 34(1) of the Andhra Pradesh Co-operative Societies Act, for short 'the Act' has issued notice to the petitioner and other members of the Committee of Management proposing to supersede the Committee of Management and calling upon the petitioner and other Members of the Committee of Management to submit their written explanation on or before December 29, 1995. This notice dt. December 21, 1995 issued by the first respondent under Section 34(1) of the Act is called in question in this writ petition. Sri. M.V. Durga Prasad, the learned counsel appearing for the petitioner firstly contended that the impugned notice is one without jurisdiction and competence and the first respondent has no jurisdiction to supersede the office of the elected President. In support of his submission Sri Durga Prasad would...

The Oriental Fire and General Insurance Company Limited, Rep. by Its B ...

Court: Andhra Pradesh

Reported in: 1996(4)ALT84

ORDERY. Bhaskar Rao, J.1. The Oriental Fire and General Insurance Company Ltd. is the appellantand it filed the L.P.A.Nos.201/1989, 202/1989, 203/1989 and 204/1989, being aggrieved by the judgment of the learned single Judge of this Court in C.M.A.Nos. 1163/1987,1165/1987,1167/1987 and 1164/1987. The claimants filed O.Ps. claiming compensation before the Tribunal under the Motor Vehicles Act stating therein that two persons died and three persons received injuries when they were taking the sheep in the lorry bearing No. AAA 6747 on 28-5-1983 at about 3-30 P.M., the accident took place due to the rash and negligent driving of the vehicle by the driver and as a result, the said two persons died and three persons received injuries. Therefore, they filed the claim petitions. The Motor Vehicles Claims Tribunal has considered the material evidence on record and after hearing both parties, it found that the driver drove the vehicle in a rash and negligent manner which resulted in the accident...