Andhra Pradesh Court February 1995 Judgments

Patel and Co., Rep. by Its Prop. Dhanji Bhai Patel and ors. Vs. R.D.O. ...

Court: Andhra Pradesh

Reported in: 1995(2)ALT255

ORDERP. Venkatarama Reddi, J.1. In these four Writ Petitions, the Demand Notices dated 1-6-1994 issued under Section 4 of the Andhra Pradesh Non-Agricultural Lands Assessment Act, 1963 (for short the 'Act') for the Faslis 1403 and 1404 (corresponding to the years 1993 and 1994) have been challenged.2. The petitioners own non-agricultural lands in Khammam Town wherein they carry on business in timber. Identical notices were issued on 1-6-1994 under the caption 'Revised Demand Notice' in Form No.II as prescribed by Rule 4 of the Andhra Pradesh Non-Agricultural Lands Assessment Rules (for short the 'Rules'). For the Fasli 1403, the amount representing the difference between the previous assessment and the revised/enhanced assessment has been demanded. For the Fasli 1404, demands have been raised for the first time. The amounts demanded are Rs. 1,655-00 in W.P. No. 742 of 1995, Rs. 2,693/- in W.P. No. 747 of 1995, Rs. 2,209-00 in W.P. No. 748 of 1995 and Rs. 2,386-00 in W.P. No. 749 of 199...

Vidya Nagar Housing Co-operative Society Ltd., Hyderabad Vs. State of ...

Court: Andhra Pradesh

Reported in: AIR1995AP223; 1995(1)ALT620

ORDER1. The petitioner is a House Building Co-operative Society registered under the provisions of the Hyderabad Cooperative Societies Act, 1951. In this writ petition the petitioner society has sought for declaration that the action of the third respondent-- Sub-Registrar of Stamp and Registration, Hyderabad in keeping the sale deed dt. 16-11-1992 pending adjudication under S.47A of the Stamp Act, 1899, for short 'the' Act', as illegal and void. It has further sought for a writ of mandamus to the respondent to release the document of sales executed on 16-11-1992 by the Additional Chief Judge-cum-Special Judge for SPE and ACB cases in pursuance'of the decree for specific performance in O.S. No. 560/85, dated 11-1-1989 in favour of the petitioner society and to permit the petitioner-society to execute and register the sale in favour of its members as directed by the Government in G.O. Ms. No. 583 dt. 9-7-1991.2. The petition averments disclose that the petitioner-society was established...

Ghanta Dhananjaya Rao Vs. Bank of India and ors.

Court: Andhra Pradesh

Reported in: 1995(1)ALT800

ORDERS. Parvatha Rao, J.1. The petitioner questions the order of the learned Principal Subordinate Judge at Tenali dated 28-3-1992 allowing E.P. No. 141 of 1990 in O.S. No. 78 of 1986 filed under Order 21 Rule 46 of the Code of Civil Procedure by the Decree-holder i.e., the 1st respondent herein, against the petitioner herein who is the3rd judgment-debtor, for the recovery of the decree amount in O.S. No. 78 of 1986 by attachment of Rs. 15,000/- lying in fixed deposit in the name of the petitioner herein in the 1st respondent-Bank together with interest which accrued thereon.2. It is not in dispute that the 1st respondent-bank obtained a joint and several decree in that suit dated 20-3-1990 against the petitioner and respondents 2 to5 which they are to satisfy personally. As the judgment-debtors did not pay any amount, the bank filed the E.P. as stated above and the said E.P. was allowed rejecting the objections raised on behalf of the petitioner herein.3. The learned Counsel for the p...

United India Insurance Company Limited, Rep. by Its Divisional Manager ...

Court: Andhra Pradesh

Reported in: II(1995)ACC457; 1995(2)ALT95

Syed Shah Mohammed Quadri, J.1. In this appeal filed by the Insurance Company against the order of the Motor Accidents Claims Tribunal at Secunderabad, dated October 8,1986 made in O.P. No. 31 of 1984, the only point which is pressed before me is that the liability of the Insurance Company is limited to only Rs. 50,000/-, the policy being the Act policy and that the Tribunal erred in making the insurance company liable for the entire amount of compensation awarded to the claimants.2.To appreciate the contention raised before me it is necessary to refer to the facts giving rise to this appeal. One Satish Prem Vardhan, hereinafter referred to as late Mr. Vardhan, was going on a motor cycle bearing No. ADB 9753 near Grammar School, Abid Road, Hyderabad on 29-8-1983 at 10-50 A.M. A bus bearing No. AAT 9502, which was coming from opposite direction and was being driven in a rash and negligent manner, dashed against the above said motor cycle and caused injuries to the said Vardhan and the p...

S. Eramani Vs. Khair Mohd. Khan and ors.

Court: Andhra Pradesh

Reported in: 1995(1)ALT833

ORDERB. Subhashan Reddy, J.1. The matter came up at the interlocutory stage in the writ appeal. We heard both the counsel as also the learned Government Pleader in extenso even touching the merits of the writ petition. As such we are disposing of not only this writ appeal but also the writ petition. The dispute lies in a narrow compass as the proceedings in question arose under the provisions of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960. In exercise of the powers contained in Section 3(4)(a) of the said Act, the property in question bearing Municipal No. 5-7-279 New Agapura, Hyderabad, has been released in favour of the writ appellant herein who is the third respondent in the writ petition. The property in question, was in possession of the 4th respondent - Mr. Mohd. Sayeed Khan and he was paying rent to the writ appellant. The authorised Officer is empowered to adjudicate the rights inter se landlord and tenant and not micrse landlord and another person setting up ri...

The Oriental Insurance Company Limited, Rep. by Its Branch Manager Vs. ...

Court: Andhra Pradesh

Reported in: 1995(2)ALT485

P. Ramakrishnam Raju, J.1. The first respondent herein, the petitioner in M.A.T.O.P. No. 198 of 1990 filed under Section 166 of Motor Vehicles Act, claiming compensation for the injuries sustained by him in a road accident that took place on 30-12-1989 at Nagarjuna Canal Office Petrol Pump, Khammam, due to tine rash and negligent driving of the vehicle i.e., Tractor bearing AAN 9995 by the 2nd respondent.2. The first respondent is working in Mandal Revenue Office, Khammam as Head Assistant. His wife, two daughters and a son are dependent upon him besides his mother and a minor brother. The first respondent was getting a salary of Rs. 2,439 / - per month. He was aged 40 years at the time of the accident. The first respondent was proceeding to the Office of the District Manager, A.P. State Housing Corporation, Khammam on his vehicle i.e., Luna Moped bearing No.AAH 423 about 2.00 p.m. on 13-12-1989 and when he reached the Petrol Bunk, the Tractor being driven by the 2nd respondent in a ra...

United India Insurance Co. Ltd. Vs. Lydia Prem Vardhan and ors.

Court: Andhra Pradesh

Reported in: 1996ACJ972

Syed Shah Mohammed Quadri, J.1. In this appeal filed by the insurance company against the order of the Motor Accidents Claims Tribunal at Secunderabad, dated 8.10.1986 made in O.P. No. 31 of 1984, the only point which is pressed before me is that the liability of the insurance company is limited to only Rs. 50,0007-the policy being the Act policy and that the Tribunal erred in making the insurance company liable for the entire amount of compensation awarded to the claimants.2. To appreciate the contention raised before me it is necessary to refer to the facts giving rise to this appeal. One Satish Prem Vardhan, hereinafter referred to as late Mr. Vardhan, was going on a motor cycle bearing No. ADB 9753 near the Grammar School, Abid Road, Hyderabad, on 29.8.1983 at 10.50 a.m. A bus bearing No. AAT 9502, which was coming from opposite direction and was being driven in a rash and negligent manner, dashed against the abovesaid motor cycle and caused injuries to the said Vardhan and the pil...

Oriental Insurance Co. Ltd. Vs. Gaddamaduga Saibaba and ors.

Court: Andhra Pradesh

Reported in: II(1995)ACC460; 1996ACJ975

P. Ramakrishnam Raju, J.1. The respondent No. 1 herein, the petitioner in M.A.C.T.O.P. No. 198 of 1990 filed under Section 166 of the Motor Vehicles Act, claiming compensation for the injuries sustained by him in a road accident that took place on 30.12.1989 at Nagarjuna Canal Office Petrol Pump, Khammam, due to the rash and negligent driving of the vehicle, i.e., tractor bearing No. AAN 9995 by respondent No. 2.2. The respondent No. 1 is working in Mandal Revenue Office, Khammam, as Head Assistant. His wife, two daughters and a son are dependent upon him besides his mother and a minor brother. The respondent was getting a salary of Rs. 2,439/- per month. He was aged 40 years at the time of the accident. The respondent No. 1 was proceeding to the Office of the District Manager, A.P. State Housing Corporation, Khammam, on his vehicle, i.e., Luna Moped bearing No. AAH 423 at about 2 p.m. on 30.12.1989 and when he reached the petrol bunk, the tractor being driven by respondent No. 2 in a ...

Venkat Narayan Vs. the Manager, Lic of India and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. Aggrieved by the order of the District Forum, Nizamabad in CD. 114/93/whereby it dismissed his complaint, this appeal is preferred by the complainant. 2. The case of the complainant is that he took the LIC policy from the opposite parties for a sum of Rs. 25,000/- on 13.10.1962. He availed a loan of Rs. 5,100/- on 20.6.1975. But failed to pay the interest on the loan every half year regularly. When the policy became matured on, 13.10.1992, the opposite parties paid to the complainant including bonus after deducting the loan amount and interest thereon a sum of Rs. 30,669.80 Ps. The complainant accepted the said amount as protest as the interest of Rs. 18, 265/- on the loan amount calculated is exhorbitant which is more than 3 times the principal amount. It is also alleged that the opposite parties ought to have adjusted the yearly bonus to the complainant towards the interest on the loan amount of Rs. 5,100/-. On account of which the complainant sust...

Commissioner of Income-tax Vs. Maddi Seetha Devi

Court: Andhra Pradesh

Reported in: 1995(2)ALT251; (1995)125CTR(AP)304; [1995]214ITR297(AP)

Syed Shah Mohammed Quadri, J.1. In this application filed under section 27(3) of the Wealth-tax Act, 1957 (for short, 'the Act'), the Revenue seeks a direction to the Income-tax Appellate Tribunal to refer the following question of law for the opinion of this court : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in law in holding that there was no mistake apparent from the record capable of rectification under section 35 of the Wealth-tax Act ?' 2. The question arises in the following circumstances : The original assessment of the assessee for the year 1983-84 was completed by determining the value of the shares under rule 1D of the Wealth-tax Rules. The value of the shares determined was at the rate of Rs. 693.75 per share. The order of assessment was passed on December 21, 1987. Purporting to exercise jurisdiction under section 35 of the Wealth-tax Act, the Wealth-tax Officer corrected the value of shares from Rs. 693.75 to Rs. 754.92...