Andhra Pradesh Court September 1995 Judgments
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Balaji Agencies Vs. Commissioner of Commercial Taxes, Hyderabad
Court: Andhra Pradesh
Decided on: Sep-13-1995
Reported in: [1996]102STC555(AP)
S. Parvatha Rao, J. 1. This special appeal is directed against the order of the Commissioner of Commercial Taxes dated October 31, 1988, passed in exercise of his powers under sub-section (1) of section 20 of the Andhra Pradesh General Sales Tax Act, 1957 ('the Act', for short), holding that 'Honeyrex' should be treated as general goods taxable as such under the provisions of the Act and not as falling under entry 44-A of the First Schedule to the Act as held by the Appellate Deputy Commissioner in his order dated November 25, 1985, while allowing the appeal before him of the appellant herein and reversing the assessment order dated July 9, 1985, of the Commercial Tax Officer bringing to tax the turnover for the assessment year 1984-85 relating to the sales of 'Honeyrex' treating it as general goods. It is not in dispute that the sales of 'Honeyrex' by the appellant herein during the assessment year 1984-85 were second sales and if 'Honeyrex' is to be treated as general goods, the turn...
Konijeti Mallaiah and Co. Vs. Commissioner of Commercial Taxes, Andhra ...
Court: Andhra Pradesh
Decided on: Sep-13-1995
Reported in: [1997]104STC580(AP)
S. Parvatha Rao, J. 1. The appellant-assessee questions the order of the Commissioner of Commercial Taxes dated February 20, 1989 made in purported exercise of the revisional powers under section 20 of the Andhra Pradesh General Sales Tax Act, 1957 ('the Act', for short) on the revision petition filed by the appellant-assessee on March 23, 1983 questioning the assessment order of the Commercial Taxes Officer dated July 11, 1979. Earlier the Commissioner in his proceedings dated July 13, 1984 dismissed the said revision petition on the ground that there was no inherent right of revision and hence it could not be entertained. The appellant herein then approached this Court by way of Special Appeal No. 53 of 1984 and this Court allowed the said appeal on February 9, 1988 and set aside the order of the Commissioner dated July 13, 1984 and directed him 'to entertain the revision petition preferred by the appellant and dispose of the same in accordance with law'. Pursuant to that direction o...
Khaja QutubuddIn Shareef Vs. M. Satyanarayana (Died) and ors.
Court: Andhra Pradesh
Decided on: Sep-13-1995
Reported in: 1996(1)ALT795
ORDERS. Dasaradha Rama Reddy, J. 1. This revision petition is filed by the tenant against the order of the Rent Controller allowing petition filed by the respondents 2 to 5 as legal representatives, as confirmed by the appellate order. The deceased one M.Satyanarayana filed R.C.No. 332 of 1989 for eviction against the petitioner under Andhra Pradesh Buildings (Lease, Rent and Eviction Control) Act (for short 'the Act') on grounds of default in payment of arrears and sub-tenancy. During the pendency of the eviction petition M. Satyanarayana died on 18-9-1993 leaving behind two sons, two daughters and pre-deceased son's widow. The 2nd respondent who is Satyanarayana's pre-deceased son's wife filed I.A.No. 709 of 1993 for permission to come herself on record and prosecute eviction petition. She relied on registered Will dated 29-3-1993 said to have been executed by the deceased. As per registered Will, the house which is subject matter of eviction petition and some other properties were a...
Smt. Kolluri Kusuma Kumari Vs. Grandhi Surya Bhagawan,
Court: Andhra Pradesh
Decided on: Sep-13-1995
Reported in: 1995(3)ALT132
M.N. Rao, J.1. Against the common judgment of a learned Single Judge of this Court in A.S. No. 77 of 1988 and cross objections and also C.R.P. Nos. 6986 of 1980 and 919 of 1983, these two Letters Patent Appeals were filed by the plaintiff (L.P. A. No2 of 1989) and Defendant Nos. 3 and 4 (LPA No. 100 of 1989).2. One Padmaraju, a leading businessman of Visakhapatnam, is the father of the parties to the suit - O.S. No. 160 of 1978 instituted by Smt. Kolluri Kusuma Kumari in the Court of the III Additional District Judge, Visakhapatnam seeking a decree for division into four shares of 'stridhana properties' - gold and silver jewellery-belonging to her late mother and for delivery of one share to her. Grandhi Surya Bhagavan, the first defendant in the suit, is her brother and Smt. Maddula Savitri, Kolluru Parvati and Kanitheti Mahalaxmi, defendants 2 to 4 respectively are her sisters. Of the three sisters, Maddula Savitri, the second defendant, remained ex parte in the suit; Defendants 3 an...
Bolli Venkamma and Another Vs. Smt. Bolli Komaramma and Another
Court: Andhra Pradesh
Decided on: Sep-12-1995
Reported in: AIR1996AP36; 1995(3)ALT588; I(1996)DMC231
ORDER1. This is an unusual writ petition seeking a declaration that the alleged second marriage of respondent No. 1 with one Bolli Pochaiah is null and void and no legal rights accrue to her by virtue of such marriage as the said marriage was contracted during the subsistence of an earlier marriage between the said Pochaiah and the first petitioner herein. It is alleged that the first petitioner is the lawfully wedded wife of B. Pochaiah with whom she was married in the year 1955 and that the first petitoner has two sons and three daughters born to her by the said Pochaiah who died on 5-5-1995. It is further alleged that during the subsistence of the first marriage Pochaiah married the first respondent herein in the year 1972 after the Hindu Marriage Act came into force and that the second marriage is null and void ab initio. It is claimed that no question of bar of limitation arises as the second marriage is, in law, void ab initio.2. The inspiration for filing this writ petition seem...
V. Satyam Reddy and Others Vs. the Union of India, and Others
Court: Andhra Pradesh
Decided on: Sep-12-1995
Reported in: AIR1996AP175
ORDER1. Two practising advocates of this Court have filed this Writ Petition by way of public interest litigation, questioning the legality of the permission accorded by the 7th respondent, the Principal Chief Conservator of Forests', Andhra Pradesh, Hyderabad, to the 11th respondent herein, namely Sri Yerri Naidu (Military Naidu), M.L.A., Chodava-ram, to carry out preliminary experiments, survey-cum-exploitation of the valuable precious stones in the districts right from Visakhapatnam to East Godavari including parts of Srikakulam and Khammam, vide letter Ref. No. 12806/95/F2,dated 19-4-1995 and seeking a direction to the second respondent, the Union of India, Ministry of Home Affairs, represented by its Secretary, New Delhi, to order enquiry through the Central Bureau of Investigation to ascertain the actual quantum of mineral wealth exploited by the 11th respondent and theconsequential damage to the reserved forest areas and also to fix up the responsibility on the concerned persons...
Chanda Lakshminarayana Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-12-1995
Reported in: 1996(1)ALT(Cri)61; 1996CriLJ2670
Ramesh Madhav Bapat, J. 1. The sole accused in Sessions Case No. 472 of 1993 on the file of the II Addl. Sessions Judge, Karimnagar is the appellant herein. He faced his trial on three charges. The first charge against him was under Section 498A. I.P.C. On evidence, the learned Judge found that the prosecution was not able to prove the said charge and therefore he was acquitted of that charge. The second charge against the appellant was under Section 302, I.P.C. The learned Sessions Judge found that the prosecution has been able to establish the said charge and therefore he convicted him thereunder and sentenced him to suffer imprisonment for life. The third charge against him was under Section 304B, I.P.C. On evidence, the learned Judge acquitted him of that charge. 2. The prosecution story can be briefly narrated as follows : The accused is alleged to have committed murder of his wife on the intervening night of 17/18-8-1992 in Rampur village and caused her death by stabbing her. 3. ...
G.C. Nagaraju Vs. Andhra Pradesh State Road Transport Corporation, Man ...
Court: Andhra Pradesh
Decided on: Sep-12-1995
Reported in: 1996(1)ALT716
Y. Bhaskar Rao, J. 1. Assailing the order dated February 11, 1994 made in W.P. No. 2039 of 1994 by the learned Single Judge of this Court, this writ appeal is filed. The facts of the case are as follows : The appellant is the son of one G. Veeranna who was working in the services of the respondent corporation as a Sweeper. He (G. Veeranna) died on May 1, 1989 while he was in service leaving behind the appellant and the other family members as his legal heirs. While so, the A.P.S.R.T.C. issued Circular PD-112/1987 dated October 5, 1987 where in 30% posts of helpers, kalasis have been allotted to the children of the deceased employees, retired employees and employees who were declared medically unfit. In the said circular the criteria for recruiting the Children of the ex-employees of the Corporation under the above said 30% quota was also laid down. The appellant-petitioner made an application to the corporation authorities to appoint him on compassionate grounds. The said application w...
Sarangi Ramachandraiah Vs. Nagarjuna Grameena Bank, Khammam and anr.
Court: Andhra Pradesh
Decided on: Sep-12-1995
Reported in: 1996(1)ALT777
Lingaraja Rath, J. 1. The question falling for decision in this appeal is whether the Labour Court deciding an application under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') can refuse the claim of a reinstated workman for salary of the period from the date of the removal till the date of the judgment in the writ petition in which the removal is set aside, taking the view that such claim of the workmen is not an existing right implementable under the Section. A brief sketch of the facts are that the writ petitioner, who is the appellant before us, was a clerk-cum-cashier of the respondent-bank put under suspension on October 13, 1979 on account of his involvement in a criminal case and subsequently was removed from service on December 31, 1979 without any enquiry having been held. He was acquitted in the criminal case on November 27, 1980 and thereafter filed Writ Petition 6662 of 1980 in this Court claiming reinstatement in service. The w...
Konda Veeraiah and Sons, Rep. by Konda Gouraiah, Died by L.Rs. Vs. Swa ...
Court: Andhra Pradesh
Decided on: Sep-12-1995
Reported in: 1995(3)ALT395
ORDERV. Bhaskar Rao, J.1. This Civil Revision Petition is directed against the judgment and decree of the Chief Judge, City Small Causes Court, Hyderbad, in R.A. No. 167/1988, dated 8-3-1994. The tenants are the appellants herein.2. The facts giving rise to this Revision Petition are that the landlords filed an eviction petition against the tenants under Section 10(2)(i) and 10(3)(iii)(a) of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, for short the 'Act', in respect of a non-residential premises bearing No. 15-1-506, Old Feelkhana, Hyderabad, on two grounds viz., (1) wilful default in payment of rent and (2) bonafide personal requirement. The Rent Controller found that the landlords succeeded in establishing both the grounds and consequently RC. No. 296/1982 was allowed and the tenants were directed to vacate the demised premises within two months and deliver vacant possession to the landlords. Aggrieved by the above order, the tenants preferred R.A. No. 167/1988, ...
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