Andhra Pradesh Court December 1995 Judgments
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Golkonda Engineering Enterprises Ltd. Vs. Ginni Vyappaar Ltd.
Court: Andhra Pradesh
Decided on: Dec-22-1995
Reported in: (1997)1CompLJ404(AP)
ORDERG. Bikshapathy, J.1. This is a petition filed by the transferee company (M/s. Golkonda Engineering Enterprises Ltd.) under section 394 read with section 391(2) of the Companies Act. The petitioner company hereinafter referred to as the transferee company was incorporated in February, 1985, in State of Maharashtra and, subsequently, the registered office was shifted to Secundarabad in October, 1990. The authorised share capital of the transferee company is Rs. 1,00,00,000 dividend into 10,00,000 of equity shares of Rs. 10 each. The issued subscribed and paid up capital is Rs. 49,50,700 comprising fully paid up shares of 4,95,070 comprising fully paid up shares of 4,95,070 of Rs. 10 each. The objects of the transferee company are set out in the memorandum of association. The transferor company, namely, M/s. Ginni Vyappaar Ltd., was incorporated on 8.12.1993 in West Bengal. It became a deemed public limited company with effect from 31.3.1994, its registered office is situated at Calc...
Arikarevula Sanyasi Raju Vs. the Branch Manager, State Bank of India a ...
Court: Andhra Pradesh
Decided on: Dec-22-1995
Reported in: 1996(1)ALT348; (1996)IILLJ104AP
G. Bikshapahty, J.1. The writ petition is filed seeking Writ of Mandamus or any other appropriate direction declaring the action of the Respondents in not paying monthly pension to the Petitioner, pursuant to the proceedings dated February 1, 1991 from 3rd respondent and the recovery of the amounts already paid towards the Leave Encashment and pension as illegal and arbitrary.2. The facts in nut-shell are that the Petitioner was appointed in State Bank of India service on May 16, 1966 as Cashier, subsequently he was promoted as Sub Accountant in 1977. In the year 1988, the petitioner was charge-sheeted for misconduct and thereafter an enquiry was conducted into the charges framed against him. Finally the disciplinary authority imposed the punishment of removal from service by orders dated May 25, 1990 with effect from June 2, 1990. The petitioner did not challenge the order of removal in appeal or before any other authority or court. Thus, the punishment became final. The petitioner ma...
N.T. Rama Rao Vs. His Excellency the Governor of Andhra Pradesh and or ...
Court: Andhra Pradesh
Decided on: Dec-22-1995
Reported in: 1996(1)ALT70
ORDERB. Sudershan Reddy, J. 1. Constitutional theory always has, and will emerge from the hard facts of politics rather than from the text books of Professors.' -- from the leading Article in Times dated 24-12-1985 quoted by J.A.G. Griffith & Michael Ryle in the book 'Parliament'. 2. Jurisdiction, judicial power, the concept of State, constitutional relations between the Governor and the Chief Minister and the theory of political accountability of the constitutional Head of the State were all wrapped under the banner of Public Interest Litigation and expressed in the language of Constitutional Law in these Writ Petitions and presented for adjudication by this Court. Questions of public importance which may have a bearing upon the contemporary scenario, have come up for discussion. Issues are complex and unprecedented. 3. I have had the advantage of reading the erudite and elaborate judgment prepared by My Lord the Hon'ble the Chief Justice. I am in entire agreement with the conclusions...
D. Subramanyam Vs. A.V.G. Krishna Murthy, Secretary, A.P. Legislature ...
Court: Andhra Pradesh
Decided on: Dec-22-1995
Reported in: 1996(2)ALT623
ORDER1. This contempt petition is filed by the petitioner alleging that the respondents have failed to implement the judgment of this Court in W.P. No. 6562/79 dated 27-6-1980 and therefore, the respondents namely A.V.G. Krishna Murthy, Secretary A.P. Legislature, Hyderabad and C. Venkatesan, Special Secretary, Andhra Pradesh Legislature, Hyderabad are liable for contempt of Court.2. It is necessary to refer to the facts in brief: The petitioner along with 10 others filed a writ petition No. 6562 /79 challenging G.O.Ms. No. 82/79 dated 4th September, 1979 of the Legislature Department on the ground, amongst others, that there is non-compliance of Article 187 of the Constitution of India. Article 187 empowers to frame rules and regulations regulating the recruitment and conditions of service of persons appointed to the Secretarial staff of the Assembly or the Council and any rules framed will be subject to the provisions of any law made under the said clause No rules were framed under A...
Mohd. ImthiazuddIn and ors. Vs. E. Balaveera Raghavaiah
Court: Andhra Pradesh
Decided on: Dec-21-1995
Reported in: 1996(1)ALT701; 1996CriLJ1606
P.S. Mishra, C.J. 1. Heard learned counsel for the appellant. 2. It appears in a suit for specific performance of contract, appeal came before this Court. A learned single Judge granted an order of temporary injunction putting the owner of the property to the condition that he would not make any construction upon the disputed land. Alleging, however, that the said order was violated by the owner of the property, the appellants herein, filed a petition to take action for the alleged wilful disobedience of the Court's order was filed. The learned single Judge issued and interim direction in the contempt proceeding on 26-9-1995 to the following effect : 'However, in order to dispose of this Contempt Case without further enquiry into the extent of the suit property, it is assumed that the Masjid portion is outside the suit property inasmuch as the area of the rest of the property is more that 3000 sq. yds. which is the area agreed to be transferred to the petitioner by the respondents in r...
Pratibha Packagings Vs. Commercial Tax Officer, Tarnaka Circle, Secund ...
Court: Andhra Pradesh
Decided on: Dec-21-1995
Reported in: [1997]104STC482(AP)
ORDERS. Parvatha Rao, J. 1. Heard the learned counsel for the petitioner as well as the learned Special Government Pleader for Taxes. Both the learned counsel agreed that the writ petition itself may be disposed of. 2. The petitioner questions the notices dated April 22, 1995 issued by the respondent in respect of the assessment years 1992-93 to 1994-95 as illegal, arbitrary and unenforceable. On behalf of the petitioner-firm it is stated that the petitioner-firm had set up a small-scale industry and claimed tax holiday under G.O. Ms. No. 498 dated October 16, 1989. It was granted final eligibility certificate on March 2, 1995 valid from June 27, 1992, the date on which the petitioner commenced commercial production. However, for one reason or the other the petitioner in fact collected sales tax during the years 1992-93, 1993-94 and 1994-95 up to January 24, 1995. 3. It is not in dispute that the amount so collected is as follows : '1992-93 ... Rs. 31,795 1993-94 ... Rs. 55,841 1994-95...
G. Somi Reddy Vs. Smt. G. Sujatha and anr.
Court: Andhra Pradesh
Decided on: Dec-21-1995
Reported in: 1996(1)ALT782
ORDERK.B. Siddappa, J. 1. These Revisions are filed against the order passed in I.A. 139/92 in O.P. 176/91 on the file of the 5th Additional Judge, City Civil Court, Hyderabad. C.R.P. 1418/93 is filed by the husband. C.R.P. 1552/93 is filed by the wife. She filed a petition under Section 24 of the Hindu Marriage Act praying to grant her interim maintenance at the rate of Rs. 2,000/- per month. The petition was contested by the respondent, who is the husband. After considering the rival contentions, the learned Judge passed the impugned order granting Rs. 400/-per month to the petitioner in CRP 1552/93 and an amount of Rs. 1,000/-towards legal expenses. Aggrieved by the said order, the wife filed CRP No. 1552/93 for enhancement of the maintenance granted to her, on the ground that her husband is admittedly earning Rs. 6,000/- per month. 2. The learned Counsel appearing for the petitioner in CRP 1552/93 submitted that the husband of the petitioner is earning Rs. 6,000/- he is working in ...
G. Satyanarayana Vs. the Principal Director-in-charge, National Instit ...
Court: Andhra Pradesh
Decided on: Dec-21-1995
Reported in: 1996(1)ALT830
ORDERMaithili Sharan, J.1. Office Order No. 3(4)/1/91-Estt/860 dated 25-10-1993 of the Principal Director-ln-Charge, National Institute of Small Industry Extension Training, Yousufguda, Hyderabad, is being questioned in this Writ Petition filed under Article 226 of the Constitution of India. 2. The brief facts leading to this petition may be summarised thus: The petitioner joined the 1st respondent institution on 22-5-1964 as Stenographer/Typist and was promoted as Head Clerk on 1-3-1971 and thereafter promoted to the post of Superintendent on 1-3-1978. He also worked as canteen Manager (Group B post) as well as Stores Officer. After wads for three years i.e., from 1987 to 1990 he worked as Purchase Officer-in-Charge and then as Section Officer on ad-hoc basis for six months. It is averred by the petitioner that by the Office Order No. 3(4)/1/91-Estt/360 dated 1-7-1992 issued by the 1st respondent, he was promoted on temporary officiating basis as Hostel Warden till regular selection t...
Tadakamadla Mallaiah and ors. Vs. Gadegoni Narsaiah and ors.
Court: Andhra Pradesh
Decided on: Dec-21-1995
Reported in: 1996(2)ALT17
ORDERK.B. Siddappa, J.1. This revision is filed against the order dated 28-9-1993 passed by the learned District Munsif, Siddipet in O.S.No. 84 of 1988.2. Pending the suit the 2nd defendant died on 16-1-1993. The legal representatives of the 2nd defendant were added as defendants in the suit. The 2nd defendant and others filed their written statements. After framing the issues trial was commenced and the same was closed. At the stage when the suit was posted for arguments, it seems that the court gave an opportunity to defendants 10 to 16, who are added as the legal representatives of the 2nd defendant, for filing the written statement. It appears that they have also filed the written statement. They contended that the plaintiff is not the owner of the property in Sy.No. 155.8 and had no title for the same etc. On the basis of that P.W.1 was again recalled and cross-examined in pursuance of the additional written statement filed by defendants 10 to 16 putting forth all the unnecessary ...
V. Gopal Reddy, Appellant Vs. Andhra Pradesh State Financial Corporati ...
Court: Andhra Pradesh
Decided on: Dec-20-1995
Reported in: AIR1996AP280; 1996(1)ALT500
ORDERLINGARAJA RATH, J.1. These two appeals arise out of the judgment in Writ Petition No. 12764 of 1990 and hence are disposed of by this common judgment. While Writ Appeal No. 1094 of 1994 has been preferred by the writ petitioner the Writ Appeal No. 1391 of '95 has been preferred by the respondents 1 and 2 of the writ petition. For sake of convenience the writ petitioner is referred in this judgment as the appellant and the appellants in Writ Appeal No. 1391 of '95 are referred as respondents whereas the respondent No. 3 of the writ petition is referred as respondent No. 3 in this judgment also. 2. The father of the appellant, one V. V, Koti Reddy, solicited a loan from the respondents to set up a rice mill, which was sanctioned. Two installments of the loan were advanced to him on 22-10-1979 and 28-12-1981 respectively of the sums of Rupees 1,49,000/- and Rs.33,780/- totalling Rupees 1,84,780/- The loanee died on 1-12-1989 but even prior to his death, because of defects and default...
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