Andhra Pradesh Court September 1995 Judgments
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In Re: Novopan India Limited;
Court: Andhra Pradesh
Decided on: Sep-29-1995
Reported in: [1997]88CompCas596(AP)
D.H. Nasir, J.1. Company Application No. 46 of 1995 has been made by Novopan India Limited (hereinafter referred to as 'the transferor company') and Company Application No. 47 of 1995 has been made by G.V.K. Hotels Limited (hereinafter referred to as 'the transferee company') under section 391 of the Companies Act, 1956 (for short, 'the Act'), seeking a direction of convene the meeting of the shareholders of the applicant companies for considering the proposed scheme of arrangement for amalgamation of the two companies. The scheme inter alia contemplates transfer of business, assets and liabilities of the transferor company to the transferee company and also allotment of shares of the transferee company to the shareholders of the transferor company. Both the companies are having their registered office at Hyderabad. One of the main objectives of the transferor and transferee companies is to establish a complex of industries manufacturing particle boards and to conduct business in such ...
M. Nagender Rao Vs. B.M. Lakshmiah
Court: Andhra Pradesh
Decided on: Sep-29-1995
Reported in: 1996(2)ALT489
B.S. Raikote, J.1. These two C.R.Ps. arise out of the same common proceedings and thus they involve common questions of facts and law and as such I am disposing of both the C.R.Ps. by this common Judgment. The parties are referred to as they are arrayed before the Rent Controller.2. The petitioner in both the CRPs. is the tenant of the schedule mentioned premises and the respondent is the Landlord.3. Both the CRPs have arisen out of the petition filed by the tenant under Order 6, Rule 17 read with 151 C.P.C., in I.A.No. 510/94 in R.C.No. 163/92 filed by the tenant on the file of the Addl. Rent Controller, Secunderabad. I have to note at this stage itself that the respondent-landlord has filed an eviction petition against the tenant in R.C.No. 131/92. One of the grounds of eviction is that the tenant had commited wilful default in payment of rent. On the other hand the tenant filed R.C.No. 163/92 seeking permission of the court to deposit the rents into court as per Section 8(5) of the ...
Sri Venkatrama Oil Industries Company Limited, Rep. by Its Managing Di ...
Court: Andhra Pradesh
Decided on: Sep-29-1995
Reported in: 1996(2)ALT605
Krishna Saran Shrivastav, J.1. This is plaintiff's appeal against the judgment and decree passed by the Subordinate Judge at Kakinada in O.S.No. 211 of 1981 dated 6-12-1982 where by the claim of the appellant-plaintiff for interest and damages has been dismissed.2. Having regard to the limited scope of appeal, it is not necessary to traverse in detail the facts of the case. Suffice it to say, that on 8-9-1980 the appellant booked a consignment of rice bran oil weighing 13.250 tonnes in wagon tanker No. S.R.T.M. 7081 at Samalkota Railway Station vide Railway Receipt Ex. A-6 to be transported to Railway Station Bombay and to be delivered to Tata Oil Mills Limited, Bombay. The said goods was lost in transit. The wagon could not be located in spite of several letters and a telegram. The consignee, the Tata Oil Mills Limited, Bombay cancelled the contract vide letter Ex. 30 dated 23-3-1981. On 14-4-1981 the appellant served a notice Ex. A-34 Under Section 80 of the Code of Civil Procedure c...
The Executive Engineer, Pwd (R and B), National Highway, Suryapet Divi ...
Court: Andhra Pradesh
Decided on: Sep-29-1995
Reported in: 1995(3)ALT914
Lingaraja Rath, J.1. The only question which forms the basis of this appeal at the instance of the officers of the State is whether the benefit of Section 28-A of the Land Acquisition Act, 1894 is available to a person, otherwise entitled to have compensation under it, if the application is made not within three months of the first award made by the Civil Court in respect of the land acquired but files the application for higher compensation within three months of a later award made by the Civil Court in respect of land acquired under the same notification under Section 4(1). '2. Ac. 6-30 cents of land was acquired under a common, notification under Section 4(1) on l7-12-1970.and a common award of compensation was made by the land Acquisition Officer in respect of the lands on 16-10-1974. The award was referred to the Civil Court under Section 18 of the Land Acquisition Act at the instance of all the six claimants and was registered as O.P.No. 4 of 1976. Two of the claimants, claimant ...
The United News of India Rep. by Its General Manager and ors. Vs. Mr. ...
Court: Andhra Pradesh
Decided on: Sep-29-1995
Reported in: 1995(3)ALT401
ORDERS.R. Nayak, J.1. These two Civil Revision Petitions arise out of two interlocutory applications filed by the plaintiff in the trial Court in the same suit. Therefore, these two Civil Revision Petitions are clubbed and heard to gether and they are being disposed of by this common order.2. CRP NO. 1954/1992 is filed by the defendants in O.S. No. 187/1990 pending on the file of the Court of the Second Asst. Judge, City Civil Court at Hyderabad. The said suit is filed by the respondent herein namely T.S. Bhagavanulu. In the said suit, the plaintiff sought a declaration that the transfer order issued by the defendants dt.26-12-1989 transferring him from Hyderabad to Siligiri in West Bengal is void being tainted by mala fide and made in contravention of Standing Orders etc. In the said suit he filed LA. No. 261/1990 under Order XXXIX Rules 1 and 2 of C.P.C. for restraining the defendants from taking further steps in pursuance of the transfer order dt.26-12-1989. The trial Court made an ...
Sponge Iron India Ltd., (Rep. by Its Secretary) Vs. B.V. Radhakrishna ... Overruled
Court: Andhra Pradesh
Decided on: Sep-29-1995
Reported in: 1996(3)ALT557
D.H. Nasir, J.1. C.M.A. No. 1277 of 1988 arises from the order and decree dated 30-8-1988 passed in O.P.No. 349 of 1986 by the IV Additional Judge, City Civil Court, Hyderabad, by which the learned Judge dismissed the appellant's application for setting aside the award of the Arbitrator Under Section 30 of the Arbitration Act, (for short 'the Act'). C.R.P. No. 3695 of 1988 arises from the judgment and decree dated 30-8-1988 passed in O.S.No. 1027 of 1986 by the IV Additional Judge, City Civil Court, Hyderabad, by which the learned Judge accepted the award of the Arbitrator partly and made the rule of the Court. Since the subject matter of both these proceedings is common, the same are being disposed of by this common judgment.2. For the sake of convenience, M/s. Sponge Iron India Limited will be known as 'the Company' and Mr. B.V. Radhakrishna, who undertook to carry out the work entrusted to him by the company will be known as 'the Contractor'.3. The Contractor undertook the work of t...
Samudrapu Somalappadu and ors. Vs. Nellimerla Jute Mills Co. Ltd. and ...
Court: Andhra Pradesh
Decided on: Sep-28-1995
Reported in: [1996(73)FLR1653]
Mishra, C.J. 1. Heard. The Courts invariably follow the rule of prudence of ordering stay of departmental proceeding, if on the allegations constituting the charges for the enquiry, any criminal charge is pending in a Court of law. Learned Single Judge has, however, made an exception in the instant case on the ground, inter alia as follows : 'It is apparent from the departmental charge-sheet that the disciplinary action is initiated against the petitioners on the ground that the acts attributed to the petitioners constitute major misconduct as per the service regulations. It is significant to note that there is no reference to beating of L.Ws. 1 to 3 in the departmental charge-sheet. Thus, prima facie, the contention that the criminal action and disciplinary proceedings initiated against the petitioners are grounded on or arise out of the same set of facts cannot be accepted.' 2. Since the appellants herein have sought stay of the departmental proceeding on the ground that they have be...
Md. Azamathulla Khan (Junior Asst.) and ors. Vs. State of Andhra Prade ...
Court: Andhra Pradesh
Decided on: Sep-28-1995
Reported in: 1996(1)ALT432
M.N. Rao, J. 1. Whether Law graduates working in the High Court of Andhra Pradesh and the Subordinate Courts holding ministerial posts, for which a degree in Law is not a necessary qualification, are entitled to the advance increments allowed to certain other categories of State Government employees under G.O.Ms.No. 182, Finance & Planning (FW.PRC.I) Department, dated 17-7-1987, is at issue in this batch of writ petitions. 2. The petitioners, ministerial employees working in the High Court as well as subordinate courts, all Law graduates, filed these writ petitions seeking a mandamus to the State Government to treat them at par with certain categories of employees covered by G.O.Ms.No. 182 dated 17-7-1987 for the purpose of entitlement to advance increments. Because of commonality of the questions involved for decision, we are inclined to dispose of all the writ petitions by this common judgment. 3. Among the High Court employees figuring as petitioners in this batch of writ petitions ...
Executive Officer, Toorangi Group Temples Vs. Sri Gopal Inani and ors.
Court: Andhra Pradesh
Decided on: Sep-28-1995
Reported in: 1996(1)ALT676
Lingaraja Rath, J. 1. The respondent No. 3 in the Writ Petition No. 1430 of 1986 out of which this appeal arises is the appellant. Facts appear in detail in the order under appeal but the bare statements of facts are that the respondent No. l is the hereditary trustee of Sri Satyanarayana Swamy Temple, Kakinada, and under a scheme settled by the Madras High Court in A.S. No. 87 of 1946 decided on 15 July, 1949 the hereditary trustee of the institution was recognised as the sole trustee entitled to receive the income, both in cash and kind, and to make the necessary disbursement and is also to remain responsible for performance of Poojas and Services in the Temple. The respondent No. l-herediatry trustee approached this Court in the writ petition assailing an order of the respondent No. 2 passed in purported exercise of the powers under Section 27(2)(b) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 1966 (hereinafter referred to as 'the Act') appoin...
Smt. Izzat Sultana and ors. Vs. Sabir BIn Yasrab
Court: Andhra Pradesh
Decided on: Sep-28-1995
Reported in: 1995(3)ALT430
ORDERP. Venkatarama Reddi, J.1. The petitioners herein are the wife and children of the respondent. They filed a suit - O.S. (SR No. 12798/95) which was allotted to the II Asst. Judge, City Civil Court, Hyderabad. The plaint was returned for presentation in proper Court, by an order dated 1-9-1995. The learned Asst. Judge took the view that in view of Section 7(c) and (d) of the Family Courts Act, 1984, the suit cannot be entertained by the Civil Court. On appeal, the learned Addl. Chief Judge confirmed the said order. The appellate Court held that Section 7(c) applies to the instant case and therefore the Family Court is the proper forum in which the suit has to be filed. Questioning this order, the present CRP has been filed.2. Under Section 7(c), 'a suit or proceeding between the parties to a marriage with respect to the property of the parties or either of them, falls within the exclusive jurisdiction of the Family Court'. The suit sought to be filed by the petitioners is a suit fo...
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