Andhra Pradesh Court December 1995 Judgments
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Hyderabad Industries Limited Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Dec-11-1995
Reported in: [1996]102STC237(AP)
S. Parvatha Rao, J. 1. In these two tax revision cases preferred by the same assessee in respect of the assessments for the assessment years 1986-87 and 1985-86 respectively under the Andhra Pradesh General Sales Tax Act, 1957 ('the Act', for short), the order dated February 8, 1995, of the Sales Tax Appellate Tribunal in T.A. Nos. 669 and 670 of 1992 is questioned. 2. The disputed turnover of the said two years relates to transactions whereunder the petitioner supplied asbestos cement sheets to various persons at the instance of certain nationalised banks. The petitioner contends that the said turnover has to be taxed at the concessional rate of tax by virtue of the provisions of G.O. Ms. No. 172 (Revenue) dated February 13, 1986. The department contends that the said transactions cannot have the benefit of the concessional rate of tax because they are hit by the proviso in the said G.O., which is as follows : 'Provided that the above concessional rate of tax shall be applicable only ...
Ganesh Traders Vs. Special Assistant Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Dec-11-1995
Reported in: [1996]101STC329(AP)
P. Venkatarama Reddy, J. 1. This writ petition is filed seeking a declaration that the collection of tax of Rs. 3,200 by the respondent as per receipt No. 951034 dated October 21, 1994 as arbitrary, illegal and without jurisdiction and to direct the respondent to refund the amount to the petitioner and also to direct the respondent not to detain the future consignments if they are accompanied by valid documents under Section 29 of the A.P. General Sales Tax Act. 2. It is the case of the petitioner that he purchased groundnut seeds from Dhanalakshmi Oil Seeds Traders, Srikalahasti, that the consignment was being transported by a lorry to the petitioner's place of business and that the consignment was covered by all the requisite documents including receipt issued by the Agricultural Market Committee, Srikalahasti. There was, therefore, no reason to collect the tax during transit as it is not a case of evasion or attempted evasion of tax. It is also contended that no reasons have been as...
A.P.S.R.T.C. Rep. by Its General Manager Vs. K. Chandra Reddy Alias K. ...
Court: Andhra Pradesh
Decided on: Dec-11-1995
Reported in: 1996(3)ALT1029
ORDERS. Dasaratharama Reddi, J.1. The short question that arises in this L.P.A. is whether the Civil Court has jurisdiction to entertain a suit filed for claim of compensation for damage to a vehicle as a result of an accident. On 28-6-1976, there was a collision between the bus of the Andhra Pradesh State Road Transport Corporation (for short 'the R.T.C.') which is the plaintiff and appellant herein, and the bus belonging to the first respondent and as a result, the bus of the R.T.C. which was stationary was damaged. Alleging that accident occurred as a result of negligent driving of the bus of the first respondent, the R.T.C. filed suit in the Court of Additional District Judge, Nellore, claiming Rs. 47,428/- towards damages. The learned District Judge partly decreed the suit awarding Rs. 12,759/- only with interest at 6% per annum with a direction that liability of the Insurance Company which is second respondent herein is limited to Rs. 2,000/-. Against this judgment, the owner of ...
M.V.S. Prasada Rau Vs. K. Mangamma
Court: Andhra Pradesh
Decided on: Dec-11-1995
Reported in: 1996(1)ALT464
ORDERV. Bhaskar Rao, J. 1. This is a tenant Revision Petition arising out of the judgment in R.A.No. 331 of 1990 on the file of the Chief Judge, City Small Causes Court, Hyderabad dated 22-11-1993. The land lady's eviction petition in R.C. No 2324 of 1984 on the file of the IV Additional Rent Controller, Hyderabad was allowed on the ground that the tenant committed wilful default in payment of rents and the said finding has been confirmed in the impugned judgment by the Appellate Court. Hence, the revision petition by the tenant. 2. The revision petitioner-tenant has been in occupation of the demised premises,which is a residential house, on a monthly rent of Rs. 180/- per month since 1975. The and lady asserted that the rent is payable before 10th of every month as the tenancy is a oral one, but the tenant averred that the land lady has been accepting the rents as per her convenience and, hence, the irregular payment of rents did not constitute wilful default. The tenant sent a demand...
Sri Mutyala Venkat Rao Vs. Land Acquisition Officer-cum-special Deputy ...
Court: Andhra Pradesh
Decided on: Dec-11-1995
Reported in: 1996(1)ALT125
ORDERG. Bikshapathy, J. 1. This writ petition is filed seeking direction to the respondents to refer the Award No. 5/87 dated 31-1-1987 to the Civil Court under Section 18 of the Land Acquisition Act (for short the Act) for proper adjudication and for enhancement of compensation. The facts leading to the case are that: The petitioner is the owner of the lands situate in Sy. Nos. 355 /12 and 355 /15 to an extent of Ac. 3.66 cents and 25 cents respectively, situate Srungavaram, Nathavaram Mandal, Vizag district. These lands have been acquired for public purpose viz., Yeleru left canal. After publication of notice, Award proceedings were initiated and award was passed on31-1-1987in Award No. 5/1987by the 1st respondent-The land Acquisition Officer-cum-Special Deputy Collector, Land Acquisition, Yeluru Left Canal, Anakapalli. 2. It is the case of the petitioner that even during the Award Proceedings, he made a representation on 2-5-1986, which was received by the Authorities on 7-5-1986, b...
Uday Kumar Crushings Rep. by Its Managing Partner, Mr. Venkata Subbaia ...
Court: Andhra Pradesh
Decided on: Dec-11-1995
Reported in: 1996(1)ALT470
Mohammed Habeeb Shams Ansari, J.1. The matter in controvery is one arising under AIR (prevention and Control of Pollution Act) 1981 (for short 'The Act'). The Petitioner has in this Writ Petition challenged the orders dated 22-11-1995 issued by the 1st respondent to the petitioner to stop all industrial activities with immediate effect from the date of the said order. 2. The Act was enacted to provide for the prevention, control and abatement of air pollution and to take appropriate steps for the preservation of the natural resources of the Earth, which among other things, include the preservation of the quality of air and control of air pollution and matters connected therewith. Under Section 3 of the Act, the Central Board has been constituted and under Sections 4 and 5 State Boards have been constituted. Under Section 16, the functions of the Central Board have been enumerated while under Section 17, the functions of the State Board are specified which inter alia include powers to i...
The Pay and Accounts Office Employees Joint Action Committee, Rep. by ...
Court: Andhra Pradesh
Decided on: Dec-11-1995
Reported in: 1995(3)ALT782
ORDERB. Subhashan Reddy, J.1. This Writ Petition was filed by the Pay and Accounts Office Employees Joint Action Committee, Hyderabad, represented by its Chairman V. Raja Mallaiah. Mr. V. Raja Mallaiah representing himself and also the Employees of the Pay and Accounts Office of Twin cities assails the validity of G.O.Ms. No. 4, Finance and Planning (P.W.Admn.l) Department, dated 1-1-1994, by which the functions, which are being discharged by the Pay and Accounts Office staff, are sought to be entrusted to the Treasuries and Accounts Department of Andhra Pradesh with effect from 1-2-1994.2. The said Governmental Order is impugned as being violative of Article 150 of the Constitution of India, which hitherto read 'the accounts of the Union and of the States shall be kept in such form as the Comptroller and Auditor- General of India may, with the approval of the President, prescribe'; now reads after forty-second and forty-fourth Constitutional amendment as 'the accounts of the Union and...
Bhupathiraju Venkata Ramaraju Vs. Bhupathiraju Ramakrishnamraju and or ...
Court: Andhra Pradesh
Decided on: Dec-11-1995
Reported in: 1996(3)ALT702
D.H. Nasir, J.1. The learned Subordinate Judge, Bhimavaram, rejected the appellant's petition for appointment of a Receiver for taking possession of the plaint schedule properties and to manage the same and to deposit the yield in the Court, in I.A.No. 237 of 1993 in O.S.No. 81 of 1990, by an order passed on 5-1-1994, which is challenged in this appeal.2. The appellant's petition for appointment of a Receiver contained an allegation that the respondents had been misusing the schedule properties which were in their possession, and had been committing acts of waste in order to cause wrongful loss to the appellant. The respondents were digging pits and had been interfering with the boundary bunds. It is further alleged that the respondents had been pocketing the yield realised from the suit schedule properties. It is further alleged that the 3rd respondent was a close associate and friend of respondent Nos. 1 and 2 and that he had been encouraging them to misuse the possession of the prop...
Andhra Pradesh State Road Trans. Corpn. Vs. K. Chandra Reddy and anr.
Court: Andhra Pradesh
Decided on: Dec-11-1995
Reported in: II(1996)ACC546
S. Dasaratharama Reddy, J.1. The short question that arises in this L.P.A. is whether the civil court has jurisdiction to entertain a suit filed for claim of compensation for damage to a vehicle as a result of an accident. On 28.6.1976, there was a collision between the bus of the Andhra Pradesh State Road Trans. Corporation (for short 'the R.T.C) which is the plaintiff and appellant herein and the bus belonging to the first respondent and as a result, the bus of the R.T.C. which was stationary was damaged. Alleging that accident occurred as a result of negligent driving of the bus of the first respondent, the R.T.C. filed suit in the court of Additional District Judge, Nellore, claiming Rs. 47,428/-towards damages. The learned District Judge partly decreed the suit awarding Rs. 12,759/- only with interest at the rate of 6 per cent per annum with a direction that liability of the insurance company which is second respondent herein is limited to Rs. 2,000/-. Against this judgment, the o...
Government of Andhra Pradesh and Others Vs. V. Satyam Rao
Court: Andhra Pradesh
Decided on: Dec-08-1995
Reported in: AIR1996AP288
ORDERVenkatarama Reddi, J.1. C.R.P. No/ 2460/1993, filed by the .Government of Andhra Pradesh, arises out of the Judgment and decree in O.S. No. 82/1991 on the file of the Subordinate Judge, Karimnagar. That suit was filed under Section 14(2) of the Arbitration Act praying the Court to make the award dated 8-8-1991 passed by the sole arbitrator a Rule of the Court. The suit was decreed. C.M.A. No. 891/1993 arises out of the application filed by the Government of A.P. in the same Court under Sections 30 and 33 of the Arbitration Act to set aside the award. The said application, i.e. O.P. No. 65/1991 was dismissed by the learned Subordinate Judge, Karimnagar. The respondent-contractor was awarded a contract to execute the work-- Lining to Kakatiya Canal from KM 215 to 218, K.S.R.J. Project. The value of the work as perthe contract was Rs. 35,55 lakhs which is less than the estimated value by 18%. The respondent entered into an agreement with the Superintending Engineer, I. and P.O. Const...
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