Andhra Pradesh Court September 1995 Judgments
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The Spl. Dy. Collector (La), Steel Plant Vs. N. Gopalakrishnaiah and o ...
Court: Andhra Pradesh
Decided on: Sep-06-1995
Reported in: 1995(3)ALT920
ORDERP.S. Mishra, C.J.1. Heard learned Counsel for the appellant and learned Counsel for the writ petitioner-respondents.2. Writ petitioner-respondents had come to this Court in Writ Petition No. 9538 of 1982 questioning the notification under Section 4(1) of the Land Acquisition Act I of 1894 as amended by the Land Acquisition (Amendment) Act XXXVIII of 1923 and further amended by the Visakhapatnam Steel Project (Acquisition of Lands) Act XX of 1972. This Court, on 4-12-1985, ordered as follows:'This order, however, does not preclude the authorities from issuing a fresh notification. If they intend to do so, they could do so within three months from today.'3. A fresh notification under Section 4(1) of the Land Acquisition Act has been issued, however, vide G.O.Rt.No.1141, Industries & Commerce (SP) department, dated 15-9-1989 and published in gazette part I - extraordinary No358, dated 25-9-1989 for acquisition. The petition i.e., Writ Petition No. 6254 of 1990 has been disposed of by...
Sri K. Vijaya Bhaskar Reddy Vs. Government of Andhra Pradesh and Other ...
Court: Andhra Pradesh
Decided on: Sep-05-1995
Reported in: AIR1996AP62
ORDERSyed Shah Mohammed Quadri, J. 1. These two Writ Petitions, W. P. No. 10587 1995 (the first Writ Petition) and W.P. 11256 1995 (the second Writ Petition), arise out of the same facts and raise the same questions of law, so they are heard together and arc being disposed of by a common judgment. 2. The petitioner in the first Writ Petition is the former Chief Minister of the State of Andhra Pradesh and the petitioner in the second Writ Petition is the former Chief Secretary to the Government of Andhra Pradesh. The petitioners pray for an appro-pirate writ or direction under Article 226 of the Constitution of India to call for the records relating to G.O.Ms. No. 11, General Administration (I & PR) Department, dated January 13, 1995 appointing the 4th respondent as Commission of Inquiry under the Commissions of Inquiry Act, 1952 (for short 'the Act') and G.O.Ms. No. 15, General Administration (I PR) Department, dated January 17, 1995, containing the terms of reference, as arbitrary, un...
T. Venkata Krishnamacharyulu Vs. P. Kishore Reddy and ors.
Court: Andhra Pradesh
Decided on: Sep-05-1995
Reported in: 1996(1)ALT24
ORDERV. Bhaskar Rao, J.1. The petitioner herein is 2nd respondent in C.R.P. No. 779/1992 and he is seeking recall of the order dated 13-4-1993 by way of review under Section 151 of Code of Civil Procedure read with Order IX Rule 13 of Code of Civil Procedure and to dismiss the revision petition. 2. The facts in brief are that in a reference under Section 30 of the Land Acquisition Act for determination of the shares and apportionment of the amount of compensation payable to the concerned persons in L.A.O.P. No. 108/1990, the respondent herein filed a cheque petition along with a copy of the order of the High Court in C.R.P. No. 779/1992 dated 13-4-1993 which showed that the CRP was filed against an order dated 31-12-1991 in an unregistered I.A., in L.A.O.P. No. 108/1990 on the file of the Principal Subordinate Court, Tirupati. No notice was given to the other side and the above I.A., was disposed of by a brief order which is reproduced below: -- '31-12-1991: -- Heard. When there is a t...
Andhra Cotton Mills Ltd. Rep. by Its Deputy General Manager, Proddatur ...
Court: Andhra Pradesh
Decided on: Sep-05-1995
Reported in: 1996(1)ALT537
Krishna Saran Shrivastav, J. 1. This appeal is against the judgment and decree passed by the Subordinate Judge, Gunturin O.S. No. 309/1980 dt 30-6-1982.Thedefendantistheappellant. 2. The facts which are no longer in controversy before me, in short are that on 9-8-1977 the appellant-defendant had purchased 50 bales of cotton, the net weight of which is 84 quintals 79 kgs. 500 grams, at the rate of Rs. l,251-62ps. per quintal for a total sum of Rs. 1,06,131-12 ps. through invoice No. 2/19. On the same day, the appellant-defendant also purchased 28 borems of cotton, the net weight of which is 38 quintals 57 kgs. and 500 grams, at the rate of Rs. 1,406-28 ps. per qunital for a total sum of Rs. 54,247-25 ps. through invoice No. 2 /18. The invoices were prepared on 9-8-1977. The sold bales of cotton were delivered to the appellant-defendant on the same day. He had purchased the cotton on credit. The payment was agreed upon to be made after one week therefrom. But the appellant-defendant paid...
Shivaram Chowdary Vs. the Andhra Pradesh State Road Transport Corporat ...
Court: Andhra Pradesh
Decided on: Sep-05-1995
Reported in: 1996(1)ALT252
S.R. Nayak, J. 1. This appeal is by the injured seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Medak at Sangareddy (hereinafter shortly referred to as 'M. A.C.T.') awarding a total compensation of Rs. 42,575 /- with interest at 12% per annum from the date of the petition. There is no cross-appeal nor cross-objections against the said Judgment and Decree. The M.A.C.T. on the basis of evidence found that the accident took place on account of the rash and negligent driving of the vehicle of the respondent-Corporation. That finding remains unchallenged. The M.A.C.T. on the question whether the appellant-claimant suffered permanent disability, recorded a finding that the claimant has suffered 60% permanent disability. On that basis and on the basis that the appellant was earning a sum of Rs. 600/- per month as a cobbler, it determined total compensation payable to the appellant under the head 'loss of future income' at Rs. 8,640/-. Rs. 6,335.75 is aw...
Vijayawada-guntur-tenali Urban Development Authority, Rep. by Its Secr ...
Court: Andhra Pradesh
Decided on: Sep-05-1995
Reported in: 1995(3)ALT718
Lingaraja Rath, J.1. This appeal is at the instance of the respondents 2, 3 and 4 of the Writ Petition, at whose instance some land was acquired under the provisions of the Land Acquisition Act. The writ petitioner, respondent No. 1 in the Writ Appeal, was the Counsel appearing for the respondent No. 1 in the Writ Petition, who is the respondent No. 2 in the Writ Appeal i.e., the Special Deputy Collector (Land Acquisition), Vijayawada-Guntur-Tenali Urban Development Authority, Vijayawada, Krishna District. Altogether there were 99 land acquisition cases in all of which the respondent No. 1 had appeared for the respondent No. 2. In passing orders on the reference applications, the Civil Court awarded in the memo of costs of the proceedings Rs. 2,000/- as Advocate fee in each of the cases. It is the admitted case that the decree regarding the fees so fixed has become final. Since the respondent No. 1 failed in his attempts to get the fees, he approached this Court in Writ Petition No. 41...
Shivaram Chowdary Vs. A.P. State Road Transport Corpn.
Court: Andhra Pradesh
Decided on: Sep-05-1995
Reported in: I(1997)ACC642
S.R. Nayak, J.1. This appeal is by the injured seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Medak at Sangareddy (hereinafter shortly referred to as 'M.A.C.T.') awarding a total compensation of Rs. 42,575/- with interest @ 12% per annum from the date of the petition. There is no cross-appeal nor cross-objection against the said judgment and Decree. The M.A.C.T. on the basis of evidence found that the accident took place on account of the rash and negligent driving of the vehicle of the respondent-Corporation. That finding remains unchallenged. The M.A.C.T. on the question whether the appellant-claimant suffered permanent disability, recorded a finding that the claimant has suffered 60% permanent disability. On that basis and on the basis that the appellant was earning a sum of Rs. 600/- per month as a cobbler, it determined total compensation payable to the appellant under the head 'loss of future income' at Rs. 8,640/-. Rs. 6,335.75 is awarded ...
Gorrela Veerraju Vs. Velugubantla Chandrakantham
Court: Andhra Pradesh
Decided on: Sep-04-1995
Reported in: AIR1996AP34; 1995(3)ALT161
ORDER1. This is an application seeking transfer of I.A. No. 1443/92 in O.S. SR No. 50/91 on the file of the Principal Subordinate Judge, Kakinada to the file of any other Sub Judge's Court at Kakinada or to the III Additional District Judge, Kakinada.2. It is stated that on earlier occasion, in other proceedings filed by the respondent in O.S. No. 332/88, the respondent herein seems to have filed I.A. No. 3628/91 in the said suit for impleading her as legal representative of deceased Kesavamurthy on the ground that she is the widow and also his legatee under a Will alleged to have been executed by her husband in respect of the properties in question. Though the said I.A. was contested by the petitioner, the contention of the petitioner seems to have been rejected by the Principal Subordinate Judge and allowed the said I.A.3. It is stated that an unregistered O.S. SR. No. 50/91 has been filed by the deceased Kesavamurthy against the petitioner foralleged arrears of rent for subsequent y...
V. John Vs. Singareni Collieries Co. Ltd. and anr.
Court: Andhra Pradesh
Decided on: Sep-04-1995
Reported in: 1995(3)ALT463; (1997)IIILLJ724AP
ORDERP.S. Mishra, C.J.1. This appeal is preferred by the workman-Respondent in the writ petition against the order of the learned single Judge under which he has made the order of stay of all proceedings in pursuance of an order under Section 33(2)(b) of the Industrial Disputes Act (for short 'the Act'). Appellant-workman, V. John, is employed as Tripman with the writ petitioner-Respondent company. He has been subjected to an enquiry for the alleged violation of the respondent-Company's Standing Order No. 16(1), 16(2) and 16(6). He has, however, been found guilty of the charges levelled against him and ordered to be dismissed with effect from September 22, 1993. Since, however, the above action is sought to be taken against the workman and as there are proceedings pending as contemplated under Section 33(1) of the Act, the respondent-Company invoked sub-section (2)(b) thereof and sought approval of its action by the competent authority. Industrial Tribunal has, however, in the proceedi...
Vineet Enterprises Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-04-1995
Reported in: [1996]101STC426(AP)
S. Parvatha Rao, J.1. This tax revision case under section 22 of the Andhra Pradesh General Sales Tax Act, 1957 ('the Act', for short), is directed against the order of the Sales Tax Appellate Tribunal, Andhra Pradesh, Hyderabad, dated September 29, 1987, partly dismissing Tribunal Appeal No. 986 of 1987 preferred by the petitioner herein and partly confirming the order of the Appellate Deputy Commissioner, Hyderabad-I Division, dated July 25, 1987, in Appeal No. 729/86-87 which in turn confirmed the order of the Commercial Tax Officer, General Bazar Circle, Secunderabad, in GI. No. 28054/82-83 dated December 5, 1986. The assessee is a proprietory concern of one Smt. Kusum Latha. She questions the best judgment assessment made by the Commercial Tax Officer as confirmed by the Tribunal in respect of the purchases of photographic goods made by her from Bombay of the value of Rs. 8,38,631.18. 2. The facts in brief are as follows : The assessment relates to the assessment year 1982-83 unde...
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