Andhra Pradesh Court November 1996 Judgments
Sri Krishna Chitra Mandir, Rep. by Its Proprietor, Sri G. Laxminarayan ...
Court: Andhra Pradesh
Decided on: Nov-29-1996
Reported in: 1997(2)ALT4
ORDERKrishna Saran Shrivastav, J.1. Heard the learned Counsel for the petitioner and learned Special Government Pleader for Commercial Taxes.2. The petitioner is an exhibitor of films in Uppal. He was paying entertainment taxes under Section 5 of the Andhra Pradesh Entertainments Tax Act, 1938 (sic. 1939) (in short APET Act). After obtaining permit in Form No. IV, the prescribed authority has granted permission for making weekly payment of Rs. 4883/- for the financial year 1987-88. The Government of Andhra Pradesh vide G.O.Ms. No. 233, dated 19-2-1987, upgraded the Uppal Gram Panchayat into a second grade Municipality. The entertainment tax can be varied under Section 5(6) of the APET Act, inter alia when the local area in respect of which permission is granted, is upgraded.3. On 2-11-1987, the Entertainment Tax Officer (in short ETO) has issued a notice calling upon the petitioner to file objections for enhancement in rate of tax for the period from 1-2-1987 to 6-11-1987 because the c...
Tag this Judgment!A.V.S.N.B. Shankaran and ors. Vs. Central Institute of English and For ...
Court: Andhra Pradesh
Decided on: Nov-29-1996
Reported in: 1997(1)ALT276
P.S. Mishra, C.J.1. Petitioner-appellants 1 and 2 were appointed in 1986 and the third petitioner-appellant was appointed in 1987 as L.D.C.-cum-Typist in the establishment of the first respondent - Central Institute of English and Foreign Languages. They were recruited, it is not in dispute, by the procedure of inviting nominations from the Employment Exchange and interview before appointment, but, it is said, were given purely temporary appointment. They, however, it is not in dispute, were given three months extension each time with break to introduce terminals of the appointment and termination of service in a manner that although they have been continued ever since their appointment in their respective posts of L.D.C-cum-Typist, they are still not absorbed in the service and according to the first respondent, are thus purely temporary employees having ad hoc contractual appointment from time to time. It is alleged, however, that the first respondent sought sponsoring of names for r...
Tag this Judgment!Devineni Durgamba Vs. Raj Kumar Financiers, Rep. by Its Managing Partn ...
Court: Andhra Pradesh
Decided on: Nov-29-1996
Reported in: 1997(1)ALT448
ORDERT. Ranga Rao, J.1. This appeal is filed against the orders dated 30-6-1994 in EA No. 489/1993 in EP No. 32/87 in O.S.No. 587/1983 on the file of the Principal Subordinate Judge, Tenali. That was a petition filed under Order 21 Rule 106 and Section 151 C.P.C. requesting to set aside the dismissal order dated 12-8-1993 in EA. No. 291/1991 and restore the same.2. It appears that the properties of the appellant herein Devineni Durgamba were sold in court auction on 4-4-1991 in execution of the decree in EP. No. 32/87 and the appellant herein filed application in E.A.No. 291/91 under Order 21 Rule 89 CPC seeking to set aside the sale and the said petition was dismissed for default on 12-8-93. The appellant filed EA No. 489/93 seeking to set aside the default order and restoration of EA No. 291/91 and the said petition was dismissed on 30-6-1994.3. Aggrieved by the said order, the appellant filed this Civil Miscellaneous Appeal.4. On the grounds urged before me, the point that arises fo...
Tag this Judgment!Satish and Company Vs. S.R. Traders and ors.
Court: Andhra Pradesh
Decided on: Nov-28-1996
Reported in: 1997(1)ALD(Cri)745; 1997(1)ALT(Cri)696; [1999]95CompCas836(AP); 1998CriLJ419
1. This appeal is preferred by the complainant by name M/s. Satish and company being aggrieved by the judgment and order dt. 31-12-1994 passed by the III Metropolitan Magistrate, Hyderabad in C.C. No. 229 of 1993. By the impugned order, the Court below acquitted the accused for the offence under S. 138 of the Negotiable Instruments Act (for short 'the Act'). The learned counsel appearing for the appellant strenuously contended that the entire approach of the Court below is totally erroneous and on the basis of the material recorded an offence is constituted under S. 138 of the Act and as such, the impugned order is liable to be set aside and the accused are liable to be convicted for the offence they are charged with. The learned counsel appearing for the respondents supported the order. 2. In order to appreciate the rival contentions it is necessary for me to notice the facts of the case. 3. It is alleged by the complainant that A-1 is the firm and A-2 to A-4 are its partners. The acc...
Tag this Judgment!indo National Ltd. Vs. Commissioner of Commercial Taxes
Court: Andhra Pradesh
Decided on: Nov-28-1996
Reported in: [2003]133STC72(AP)
ORDERM.N. Rao, J.1. Certain show-cause notices, by which the Commissioner of Commercial Taxes sought to revise certain turnovers on the assumption that a tax revision case against the common order passed by the Sales Tax Appellate Tribunal in T.A. Nos. 183, 184 and 185 of 1992 was pending in this Court are challenged in these three writ petitions. The assessment years in question are 1978-79, 1979-80 and 1980-81. In respect of all these assessment years in T.A. Nos. 183, 184 and 185 of 1992, the Sales Tax Appellate Tribunal held that the disputed turnovers were branch transfers and therefore, not liable to tax under the Central Sales Tax Act. The department filed tax revision case but as the limitation had expired long ago, an application was filed seeking condonation of delay in each of the three tax revision case. One such application was dismissed by a Division Bench of this Court with the consequence that the judgment of the Tribunal became final. It therefore follows that the auth...
Tag this Judgment!Ghulam HussaIn (Died) and ors. Vs. D. Raj Kumar
Court: Andhra Pradesh
Decided on: Nov-28-1996
Reported in: 1997(2)ALT446
ORDERS. Dasaradha Rama Reddy, J.1. The 1st Petitioner is the tenant in a non-residential premises. The landlord has filed an eviction petition on the grounds of sub-letting and bona fide requirement. The learned Rent Controller dismissed the eviction petition on both the grounds and the Appellate Court., allowed the appeal on both the grounds. The allegation of sub-letting was that the petitioner No. 1 has taken another person i.e. 2nd petitioner as a partner, and carrying on partnership business in the demised premises, that he is not physically present in the premises throughout the year and that he is not taking any active part in the business. The 2nd ground namely personal requirement is that the respondent- landlord is doing the present business in a rented premises along with another partner, that he has no other premises and that he desires to do business in 45 sweets in the suit premises.2. During the pendency of the CRP, the 1st petitioner-tenant died on 11-7-1993 and his son...
Tag this Judgment!Marupuri Venkata Ramana Naidu Vs. the Mandal Revenue Officer and ors.
Court: Andhra Pradesh
Decided on: Nov-28-1996
Reported in: 1997(1)ALT83
ORDERR.M. Bapat, J.1. This writ petition has been filed by the petitioner herein under Article 226 of the Constitution of India with a prayer to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in not issuing the title deed to the petitioner relating to the lands in Survey No. 656/A dry over an extent of Ac. 4-37 cents and Survey No. 659/10 dry over an extent of Ac. 1-37 cents of Vampalle Revenue Village , of Madanapalle Mandal, Chittoor District, despite issuing the pattadar pass book in favour of the petitioner and inspite of repeated representations including the representation of the petitioner dt. 1-9-1996 as totally arbitrary, illegal, unjust and unconstitutional, being violative of Articles 14, 21 and 300A of the Constitution of India.2. The writ affidavit filed by the petitioner herein shows that the petitioner is an absolute owner of the property of an extent of Ac. 4-37 cents dry in Sy. No. 656/A...
Tag this Judgment!Trade Links Corporation Vs. Nalanda Tobacco Co. P. Ltd.
Court: Andhra Pradesh
Decided on: Nov-27-1996
Reported in: [1999]98CompCas227(AP)
S. Dasaradharama Reddy, J.1. This is a petition filed for winding up of the respondent-company on the ground that it is unable to pay the debt of Rs. 1,27,339.79. According to the petitioner, it supplied white duplex board to the respondent-company by lorry on October 10, 1992, and the lorry freight was paid by the respondent-company. The petitioner-company raised its bill No. TLC/FB/1/92-93, dated October 23, 1992, for a sum of Rs. 1,27,339.79. Either at the time of receiving the goods or after receipt of the goods, no objection was raised about the quality of the goods. The respondent having received the goods did not pay the amount and the petitioner issued statutory notice, exhibit A-8, under section 434 of the Companies Act. To this the respondent replied that the entire material was shown to be not up to the mark as per the quality control check. Subsequently, the respondent paid Rs. 7,500 towards freight charges only. Thereupon, the petitioner filed this company petition. 2. In ...
Tag this Judgment!Karri Pothu Raju and ors. Vs. National thermal Power Corpn. Ltd. and o ...
Court: Andhra Pradesh
Decided on: Nov-27-1996
Reported in: 1997(1)ALT97; (1998)IIILLJ896AP
P.S. Mishra, C.J. 1. This appeal under Clause 15 of the Letters Patent of the Court has arisen from a petition under Article 226 of the Constitution of India by the 54 appellants before us, who, it is not in dispute, are employed in the canteen of the factory of the first respondent herein, having a total number of 2300 workers. The first respondent is a public sector undertaking and, it is not in dispute, is a factory governed by the Factories Act. It started a canteen in the year 1983, but is alleged, handed it over to a contractor and contractors changed from time to time until the third respondent, i.e; Indian Coffee Workers Co-operative Society Ltd., represented by its Secretary, has taken over the canteen.as the contractor. It is conceded, however that the third respondent Society is not a Co-operative Society of the factory of the first respondent undertaking. Appellants have moved this Court seeking regularisation of their services with all attendant benefits of service with ef...
Tag this Judgment!BasheeroodIn Vs. Mohd. MinhorzoddIn and ors.
Court: Andhra Pradesh
Decided on: Nov-27-1996
Reported in: 1997(2)ALT509
ORDERB.S. Raikote, J.1. This revision petition is filed being aggrieved by the judgment and order dated 30-4-1996 passed by the District Munsif at Kodangal on LA.No. 62 of 1995 in O.S.No. 67 of 1991. The petitioner is the first defendant. By the 35 impugned judgment and order, the Court below refused to condone the delay of about 233 days in filing the petition for setting aside the ex parte decree dated 30-8-1994 and accordingly dismissed the I.A.2. Heard both the learned Counsel.3. It is not in dispute that there is a delay of 233 days in filing the petition to set aside the ex parte decree dated 30-8-1994. But the contention of the learned Counsel for the petitioner is that the petitioner could not be present on 30-8-1994 due to the fact that he was sick and as such he was prevented from appearing before the Court. Secondly it was contended on behalf of the petitioner that the petitioner was not aware of the fact that the Advocate reported no instructions on 18-2-1994. Moreover, the...
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