Skip to content

Andhra Pradesh Court June 1995 Judgments

Browse smarter

Open an 18-section brief on any judgment

Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.

  • AI Brief & Ask
  • Semantic AI Search
  • Devil's Bench

Credentials emailed - log in to pick up where you left off.

Jun 16 1995

Tablets (India) Limited Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Jun-16-1995

Reported in: [1996]101STC324(AP)

Syed Shah Mohammed Quadri, J.1. This revision, under section 22(1) of the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the Act'), is by the dealer registered under the said Act. 2. The short question that arises for consideration is how should the rate of additional tax be applied for assessment of the turnover of the petitioner under section 5-A of the Act 3. The turnover of the petitioner for the said assessment year was determined at Rs. 1,18,32,990 by the assessing authority by its order dated September 13, 1991. The petitioner preferred appeal before the Appellate Deputy Commissioner, Guntur but was unsuccessful in obtaining the relief from the appellate authority. The appeal was dismissed on November 16, 1991. The petitioner then carried the matter in appeal before the Sales Tax Appellate Tribunal, Hyderabad. By its order dated November 25, 1994, the Tribunal confirmed the order of the first appellate authority. The petitioner is, therefore, before us challenging the v...


Jun 16 1995

Dr. K.N. Sudha Ramana Vs. the University of Health Sciences and ors.

Court: Andhra Pradesh

Decided on: Jun-16-1995

Reported in: 1995(2)ALT531

ORDERT.N.C. Rangarajan, J.1. This writ petition seeks ad mission to the course of Super Speciality for which the qualifying examination is M.D. (General Medicine). The petitioner has studied M .D., (General Medicine) in 1988-90) in the Osmania University. Earlier to that the petitioner has studied M.B.B.S. in 1974 at Kurnool Medical College, Sri Venkateswara University. Since the petitioner had applied for a seat in the Osmania University, a question that arises is whether she can be treated as a local candidate. The relevant rule for treating as a local candidate is as follows?(a) If he has studied in an educational institution or educational institution such local area for a period of not less than four consecutive academic years ending with the academic year in which he appeared or as the case may be, first to appear in the relevant qualifying examination or(b) Where during the whole or any part of the four consecutive academic years ending with the academic year in which he appeare...


Jun 16 1995

Maram Venkata Subbarao Vs. Nagasuri Koteswara Rao and ors.

Court: Andhra Pradesh

Decided on: Jun-16-1995

Reported in: 1995(3)ALT341

P. Venkatarama Reddi, J.1. This second appeal arises out of a suit for eviction of the appellant (1st defendant) and for recovery of possession filed by respondents 1 and 2 herein and the original owner, who died.2. The suit - O.S. No. 385/81 (on the file of the Principal District Munsif's Court, Addartki) was filed by one Sri B.V. Raghavacharyulu. During the pendency of the suit, respondents 1 and 2 jointly purchased the suit building and hence they were impleaded as plaintiffs 2 and 3. Later, during the pendency of the appeal, the 1st plaintiff Sri Raghavacharyulu died.3. The plaintiffs sought for eviction on the ground that the defendant- appellant committed breach of the terms of the lease agreement-Ex. A-2 dated 7-4-1979 and despite expiry of the lease period of eleven months and the issuance of notice to vacate, the appellant failed to vacate the premises. It was held by the Courts below that Ex.B-3 agreement set up by the appellant according to which the lease period was three y...


Jun 15 1995

Srikanth Spinners Rep. by Its Proprietor, K. Rajesham Vs. State Bank o ...

Court: Andhra Pradesh

Decided on: Jun-15-1995

Reported in: 1995(2)ALT746

ORDERB.K. Somasekhara, J.1. There is no representation on behalf of the respondent. Therefore, the learned Advocate for the petitioner has been heard and the matter is being disposed of on merits.2. The petitioner seeks review of the judgment of this Court in C.R.PNo.786 of 1993 dated 1-7-1994 reported in Srikanth Spinners represented by its Proprietor K.Rajesham Kalakal v. State Bank of India, Toopran Branch, Gajwel Taluk, : 1994(3)ALT582 .3. The grounds on which the review is sought are:-(i) That the learned Advocate for the petitioner could not be present when the matter was taken up for consideration due to illness, to place all the relevant grounds to dispose of the matter;(ii) that the decisions of the Supreme Court in Mahendra Kumar and Anr. v. State Bank ofMadhya Pradesh and Ors., : [1987]3SCR155 , and of Orissa High Court in Mangulu Pirai v. Prafulla Kumar Singh and Ors., : AIR1989Ori50 . and the provisions of Order 8 Rule 8 of Civil Procedure Code were not considered by the C...


Jun 15 1995

Alapati Nagendramma and ors. Vs. Ghanta Seshagiri Rao

Court: Andhra Pradesh

Decided on: Jun-15-1995

Reported in: 1995(2)ALT491

ORDERC.V.N. Sastri, J.1. The short but interesting question which arises in this revision under Article 227 of the Constitution of India is whether the stamp duty and penalty paid on a xerox copy of the agreement of lease in the earlier proceedings enures to the benefit of the party and the original of the said agreement of lease though not stamped is admissible in evidence.2. The petitioners herein are the owners of the land in dispute and the respondent claims that he is a tenant. The tenancy is denied by the petitioners. Originally the petitioners herein filed a suit, O.S. No. 257 of 1980 on the file of the District Munsiff Court, Repalle against the respondent herein for permanent injunction. In the said suit, the respondent-defendant produced the xerox copy of an alleged agreement of lease dated 1-6-1979 which is said to have been executed by the petitioners in his favour in respect of the suit land after paying a sum of Rs. 2,351-80 ps. by way of stamp duty and penalty. The petit...


Jun 14 1995

M/S. Walchandnagar Industries Ltd., Pune Vs. State of Andhra Pradesh a ...

Court: Andhra Pradesh

Decided on: Jun-14-1995

Reported in: AIR1996AP167

ORDER1. As both the writ petitions raise common points, they are disposed of by a common judgment.W.P. No. 11049 of 1990 2. The petitioner entered into agreement with the second respondent on 23-2-1983 for sale of cement manufacturing machinery. Clause 12(2) of the agreement provided for referring any dispute, that may arise under it, to arbitration. As certain disputes arose, the petitioner nominated Justice Rege, retired Judge of High Court of Bombay, as arbitrator, while the second respondent appointed late Jusfice Krishna Rao, as arbitrator. Justice G. Venkat Rarna Sastry was appointed as O.S. No. 2 off 988, in the Court of Additional Chief Judge (Temporary), Hyderabad, as Umpire. The arbitrators gave unanimous award on 2-2-1987 granting petitioner Rs. 17,74,858/- together with interest of Rs. 3,05,006,/- but did not give reasons. The petitioner filed O.S. No. 249 of 1987, later renumbered under Section 14(2) of the Arbitration Act (for short 'the.'Act') to make the award rule of t...


Jun 14 1995

G. Kondala Rao Vs. Registrar, Sri Venkateswara University, Tirupathi, ...

Court: Andhra Pradesh

Decided on: Jun-14-1995

Reported in: AIR1995AP338; 1995(2)ALT507

ORDER1. The petitioner is the student offirst year law in five years law course, appeared for the first year examination which was held on 20-5-1994 being the second paper in the first year examination paper being Political Science. The invigilator seems to have found the petitioner without the question paper. At the spot, the Invigilator found the question paper of the petitioner in the hands one Mr. Venkat Rao, another student appearing for the first year examination. The Invigilator seems to have made some efforts to gather information as to how the question paper of the petitioner found in the hands of Venkat Rao. It is stated that neither the petitioner nor Venkat Rao co-operated with the Invigilator with the result the invigilator had to send the report to the Chief Superintendent of the examination centre intimating the mal-practice the petitioner had indugled. Basing on the report of the Invigilator, the University authorities had issued show-cause notice, dated 1-7-1994 seekin...


Jun 14 1995

Walchandnagar Industries Ltd. Vs. State of Andhra Pradesh and ors.

Court: Andhra Pradesh

Decided on: Jun-14-1995

Reported in: 1995(2)ARBLR531(AP)

ORDERS. Dasaratha Rama Reddy, J. 1. As both the writ petitions raise common points, they are disposed of by a common judgment. W.P. No. 11049 of 1990 2. The petitioner entered into agreement with the second respondent on 23.2.1983 for sale of cement manufacturing machinery, Clause 12(2) of the agreement provided for referring any dispute, that may arise under it, to arbitration. As certain disputes arose, the petitioner nominated Justice Rege, retired Judge of High Court of Bombay, as arbitrator, while the second respondent late Justice Krishna Rao, as arbitrator, Justice G. Venkat Rama Sastry was appointed as Umpire. The arbitrators gave unanimous award on 2.2.1987 granting petitioner Rs. 17,74,858/- together with interest of Rs. 3,05,006/- but did not give reasons. The petitioner filed O.S. No. 246 of 1987, later renumbered as O.S. No. 2 of 1988, in the court of Additional Chief Judge (Temporary), Hyderabad under Section 14(2) of the Arbitration Act (for short 'the Act') to make the ...


Jun 13 1995

Mohd. MoinuddIn and Anr. Vs. Commissioner for Workmen's Compensation, ...

Court: Andhra Pradesh

Decided on: Jun-13-1995

Reported in: 1995(2)ALT437

ORDERMotilal B. Naik, J. 1. This writ petition arises against an order in W.C. Case No. 7 of 89 (F), dated 14-11-1991 on the file of the first respondent. 2. Petitioners are the respondents in the said case W.C. No. 7 of 89 (F) on the file of the first respondent. The dependants of the deceased workman filed the said case seeking compensation on various grounds. It is stated that an ex parte order was passed by the Tribunal below on 24-7-1991 directing the petitioners for payment of Rs. 92,000/- towards compensation. On coming to know that an ex parte order was passed by the Tribunal, the petitioners have filed an application seeking to set aside the ex parte order dated 24-7-1991. The said application was returned by the Tribunal to the petitioners on the ground that it has no jurisdiction, by an order dated 14-11-1991, against which the present writ petition is filed. 3. It is contended by Sri K. L. Narasaiah, learned counsel for the petitioners that the order dated 14-11-1991 return...


Jun 13 1995

Sama Venkata Subba Rao, Managing Partner of Babu and Company and anr. ...

Court: Andhra Pradesh

Decided on: Jun-13-1995

Reported in: 1995(2)ALT651

ORDERS. Dasaratharama Reddy, J.1. As both the revision petitions involve common point, they are disposed of by a common judgment.CR.P.No. 3129 of 19912. The petitioner is a tenant of non-residential premises bearing Door No. 7/533 at Robertsonpet, Machilipatnam, belonging to the respondent. The respondent filed R.C.C.No.19 of 1986 on the file of Rent Controller, Machilipatnam, seeking eviction of the petitioner on the grounds of (1) default in payment of rents, (2) committing acts of waste and (3) for bonafide requirement. According to the averments in the eviction petition, the rent for premises was originally Rs. 600/-. As the landlord wanted the premises to start his own business, the tenant promised to vacate the premises by the end of June, 1986 and pay in the meantime enhanced rent of Rs. 1,200/- per month. The landlord did not agree in the first instance but ultimately agreed to it. On 14-5-1986, the tenant sent Rs. 1,100/- towards rent due for this premises and another premises...


  • Last »

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial