Andhra Pradesh Court December 1996 Judgments
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Garware Capital Markets Ltd. Vs. Jaiswal Granites Ltd.
Court: Andhra Pradesh
Decided on: Dec-23-1996
Reported in: [1998]93CompCas215(AP)
S. Dasaradharama Reddy, J.1. This is a petition to wind up the respondent-company on the ground that it has not paid the admitted balance amount of Rs. 27,05,825 being the balance intercorporate deposit payable by it. According to the petition, the respondent-company took from the petitioner company on May 16, 1995, intercorporate deposit of Rs. 100 lakhs for a period of 90 days and pledged 10,72,600 shares held by its shareholders towards security along with consent letters of the shareholders for transfer of shares to the petitioner in the case of default by the respondent-company. The market value of the shares as on May 16, 1995 was about Rs. 1.5 crores. Along with the shares, the respondent-company also furnished a personal guarantee by its managing director for Rs. 1 crore together with a demand promissory note for the like amount and two undated cheques towards repayment of amount and interest for Rs. 1 crore and Rs. 4,84,151, respectively. As the respondent has paid only Rs. 80...
R.S. Sundara Raju Vs. Tiumala Finance and Investments, Kakinada and an ...
Court: Andhra Pradesh
Decided on: Dec-23-1996
Reported in: 1997(3)ALD134; 1997(1)ALD(Cri)496; 1997(1)ALT(Cri)498; 1997CriLJ3597; 1997(1)LS260
ORDER1. A short but not unimportant point arises for determination in the case. The point involved is as to whether a complaint which is dismissed under Section 256, Cr.P.C. on a totally wrong premise by the Court of learned III Additional Judicial Magistrate of First Class, Kakinada can be revived for hearing further 2. The facts of the case may be stated first in detail. It is the facts of the case that have bearing in the instant case because the legal position otherwise is completely settled one that the Subordinate Criminal Courts do not have any inherent power, nor can they review their own orders. This position, as rightly pointed out by the learned counsel for the petitioner, has been settled as long as back in 1977 by the decision of Supreme Court in Bindeswari Prasad Singh v. Kailash : 1978CriLJ187 . The same principle was approved in A. S. Gauraya v. S. N. Thakur : 1986CriLJ1074 . I shall refer to the precise principle laid down a bit later after stating the facts. 3. Respon...
Hindustan Shipyard Limited Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Dec-23-1996
Reported in: [1997]106STC387(AP)
ORDERSyed Shah Mohammed Quadri, J.1. M/s. Hindustan Shipyard Limited, Visakhapatnam, is the petitioner in these tax revision cases. As facts giving rise to these cases and contentions urged are common, we have heard them together and are disposing of by a common judgment. 2. The petitioner, under different contracts, delivers ships to various persons. It is the nature of the transaction which is the subject-matter of these contracts that is debated before us. The contention of the petitioner is that the nature of transaction covered by the contracts is one of the agreement to build the ship, in other words a works contract. Whereas the contention of the sale tax authorities is that the transaction was nothing but sale of goods. The assessing authorities levied the tax on those transaction treating them as agreements of sale of ships. The appellate authority - Deputy Commissioner dismissed the appeals. Not satisfied with the orders of the appellate authority - Deputy Commissioner, the p...
Depot Manager, Apsrtc Vs. S.G. MoinuddIn and anr.
Court: Andhra Pradesh
Decided on: Dec-23-1996
Reported in: 1997(2)ALT443; (1998)IIILLJ875AP
ORDER1. This writ petition is filed against the order of the Labour Court, Warangal in M.P. No. 162/1987.2. The first respondent herein filed the said M.P. under Section 33C(2) of the Industrial Disputes Act claiming back wages at the rate of Rs. 160/- per month for a period of 20 years from January 1, 1967 to September 30, 1987. The first respondent herein was a conductor attached to Nirmal Depot of Andhra Pradesh State Road Transport Corporation (for short 'APSRTC'). A total sum of Rs. 38,512/- was claimed by him. In the petition, it is stated that on September 9, 1967, on the basis of a check of the bus which he was conducting, a Charge Memo was issued and without conducting an enquiry, a charge-sheet-cum-show cause notice was issued proposing removal from service on April 11, 1968, that he submitted the explanation thereto, but no further action was taken thereafter and that no duties were assigned to him. He further stated that he did not receive the order of removal from service....
The Singareni Collieries Company Limited, Rep. by Its General Manager ...
Court: Andhra Pradesh
Decided on: Dec-23-1996
Reported in: 1997(2)ALT126
N.Y. Hanumanthappa, J.1. For the purpose of this appeal the rank of the parties is referred to as were in the writ petition.2. The Union of India filed Writ Petition No. 7272 of 1982 before this court to quash the order passed by the District Judge, Warangal in C.M.A.No. 33 of 1980 dated 9-2-1982 allowing in part the claim made by the first respondent Singareni Collieries Company Limited, Kothagudem and set aside the order passed by the Assistant Commissioner of Payments, Coimbatore, Tamilnadu the fourth respondent who by his order dated 30-5-1980 allowed claim of the first respondent for Rs. 15,099-63 paise.3. Azamjahi Mills Limited, Warangal is a Public Limited Company situated in State of Andhra Pradesh. The Singareni Collieries Company Limited, Kothagudem, is also a Public Limited Company which was supplying coal to the Azamjahi Mills as and when the Mill used to place orders for supply of coal on credit basis. Both the mill and the company were maintaining accounts. The Mill used ...
Praveen Kumar Fruit Company and ors. Vs. the Hyderabad Agricultural Ma ...
Court: Andhra Pradesh
Decided on: Dec-23-1996
Reported in: 1997(1)ALT51
M.H.S. Ansari, J.1. The petitioners six (6) in number have questioned the action of the 2nd respondent Agricultural Market Committee in rejecting the applications of the petitioners for issue of licence as Commission Agents and sought a writ in the nature of Mandamus for directing the respondents to issue licence to the petitioners.2. Under Section 7(1) of the A.P. (Agricultural Produce and Livestock) Markets Act, 1966, 'no person shall within a notified area set up, establish or use, or continue or allow to be continued any place for the purchase, sale storage, weighment, curing, dressing or processing of any notified agricultural produce or products of livestock or for the purchase or sale of livestock except under and in accordance with the conditions of a licence granted to him by the Market Committee.'3. Under Section 7(6) of the said Act, no person shall purchase or sell any notified agricultural produce, livestock and products of livestock in a notified market area, outside the ...
Tadi Tata Rao Vs. Govt. of A.P., Rep. by Its Secretary, Transport and ...
Court: Andhra Pradesh
Decided on: Dec-23-1996
Reported in: 1997(1)ALT565
ORDERB. Subhashan Reddy, J.1. This Writ Petition has been filed questioning G.O.Rt.No. 1206, Transport, Roads and Buildings (R.IV) Department, dated 6-12-1994 as being arbitrary and viola rive of the statutory rules framed under the Andhra Pradesh (Andhra Area) Canals and Public Ferries Act (for short 'the Act').2. The dispute revolves around the grant of leasehold rights of Yedurulanka ferry for the years 1995-96 and 1996-97 at a sum of Rs. 16,58,000/- per year to the 3rd respondent. Previous to this, there was a litigation and two writ petitions - W.P.Nos. 6352 and 7171 of 1995 - were filed by the Fishermen Co-operative Society Limited, represented by its President R. Govinda Rao, 3rd respondent herein. While W.P. No. 6352 of 1995 was filed questioning the Memo No. 15/R.IV(2)/95-1, Transport, Roads and Buildings Department, dated 25-1-1995, W.P.No. 7171 of 1995 was filed questioning the Lr.No. 15/R.IV(2)/95, dated 30-3-1995 issued by the 1st respondent.3. By Memo dated 25-1-1995, the...
His Holiness Sri Devendradoss Vs. Sri Sarjudoss and ors.
Court: Andhra Pradesh
Decided on: Dec-20-1996
Reported in: 1997(1)ALT554
ORDERG. Bikshapathy, J.1. This review petition has been filed seeking review of the decree and judgment of this Court, rendered in S.A. 12/92, dated 11-7-1995.2. The Second Appeal 12/92 was filed against the judgment and decree in A.S. 172/88 dated 25-9-1991 on the file of the learned Additional District Judge, Tirupati, confirming the judgment and decree passed in O.S. 167/1979 dated 27-10-1988 on the file of the Principal Subordinate Judge, Tirupati. After considering all the contentions advanced on behalf of the parties and after going through the material on record this court by judgment dated 11-7-1995 dismissed the second appeal with costs. Against the said judgment and decree the petitioner filed this review petition.3. Mr. M. Venkateswarlu, learned Counsel for the review petitioner-appellant urged the following grounds viz.,:-(1) that the learned Counsel who appeared before this Court at the time of the hearing of the second appeal has not correctly placed material before this ...
Nalli Sanyasi Naidu and anr. Vs. Maharaja Alka Narayana Society of Art ...
Court: Andhra Pradesh
Decided on: Dec-20-1996
Reported in: 1997(1)ALT755
ORDERKrishna Saran Shrivastav, J.1. The petitioners challenge, through this writ petition under Article 226 of the Constitution of India, the action of the 1st respondent in auctioning the leasehold rights in the land covered by Survey No. 204 of Boni Village, Anandapuram Mandal, Visakaparnam District, by public auction.2. The 1st petitioner and his deceased brother, namely Laxman Rao, the husband of the 2nd petitioner, in the year 1964 had taken on lease agricultural lands admeasuring Ac. 41.50 cts. of Survey No, 204 of Boni Village, District Visakapatnam (in short 'the suit land') (on lease) for Rs. 207.50 from one Sri K. Satyanarayana, for a period of ten years. On 4-3-1974, the 1st respondent issued a notice to the 1st petitioner and his deceased brother, Laxman Rao, to vacate the suit land because it wanted to sei' the leasehold rights in the suit land by public auction. The 1st petitioner and his deceased brother, Laxman Rao, unsuccessfully challenged the notice in Civil Court. T...
Star Iron Scrap Mart, Rep. by Its Proprietor, Jaleel Khan Vs. the Unio ...
Court: Andhra Pradesh
Decided on: Dec-20-1996
Reported in: 1997(1)ALT831
ORDERB. Subhashan Reddy, J.1. This writ petition has been filed seeking a declaration that the action of the respondents 1 to 4 in disregarding the highest bid offered by the petitioner and in not awarding the contract to the petitioner, as arbitrary, illegal, unfair and unjust.2. For the purchase of Rail Polls and Tubular Polls along the railway track from Vijayawada to Bellampally, tenders were called for. The work was divided into 13 parts by tender Notice No. S/REF/66/1 to 13 for 13 reaches, fixing the last date for receipt of tenders as 25-7-1994 for 5 reaches, 26-7-1994 for another 5 reaches and 27-7-1994 for rest of the 3 reaches. The dates of opening of tenders for the above-mentioned 13 reaches were 25-7-1994, 26-7-1994 and 27-7-1994 respectively. Tender was to be submitted quoting the price separately for each of the 13 reaches. But, admittedly, the petitioner had submitted the rates in a consolidated manner for reaches 1 to 5 in one set, for reaches 6 to 10 in another set an...
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