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Andhra Pradesh Court June 1996 Judgments

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Jun 14 1996

In Re: Sumitra Pharmaceuticals and Chemicals Ltd.

Court: Andhra Pradesh

Decided on: Jun-14-1996

Reported in: [1997]88CompCas619(AP)

S. Dasaradha Rama Reddy, J.1. This is a petition filed by Sumitra Pharmaceuticals Limited, Hyderabad, for sanction of this court to a scheme whereby the entire bulk drug division of the petitioner company will be transferred and merged with Nicholas Piramal India Limited (for short 'NPIL') in accordance with the scheme of arrangement approved by the members of the company at its meeting held on December 15, 1995, pursuant to the direction of this court in C.A. No. 203 of 1995. According to the petitioner, the petitioner company was incorporated on November 30, 1988, under the Companies Act. The authorised capital is Rs. 35 crores consisting of 3.2 crores equity shares of Rs. 10 each and the issued and subscribed capital is Rs. 24,53,82,000 while the fully paid-up capital is Rs. 19,53,82,000 and partly paid-up capital is Rs. 1,25,00,000. The main objects of the company are to carry on the business of manufactures, buy, sell, import, export and generally deal in all types of chemicals, p...


Jun 14 1996

Action Committee of Employees and Workers of Andhra Pradesh State and ...

Court: Andhra Pradesh

Decided on: Jun-14-1996

Reported in: 1996(3)ALT463; (1997)ILLJ647AP

1. In both these writ petitions, the 1st petitioner is common. In these writ petitions, common questions arise for consideration and therefore, they can be conveniently disposed of together. 2. In Writ Petition No. 10647/1995 the petitioner prays for an appropriate writ, order or direction particularly one in the nature of writ of Certiorari to call for the records in Memo issued by the 2nd respondent-State Government in Memo No. 25523/13/PC.I/APEWF/94 dated May 10, 1995 and quash the same by declaring it as unjust, unfair and illegal. 3. In Writ Petition No. 24556 of 1995 the petitioner prays for an appropriate writ, order or direction particularly one in the nature of writ of Certiorari and call for the connected records and declare the order of the 2nd respondent in G.O.Ms. No. 137 Fin. & Plg. (FW.PC.I) Dept. dated May 24, 1995 as illegal, arbitrary and capricious. The petitioner also prays for a consequential direction declaring sanctioning of loans by the respondents herein to all...


Jun 14 1996

M. Gangareddy, Rep. by His G.P.A., A. Srinivas Goud Vs. the State of A ...

Court: Andhra Pradesh

Decided on: Jun-14-1996

Reported in: 1996(3)ALT53

P. Venkatarama Reddi, J. 1. These appeals and revision petition arise out of an award dated 9-3-1989 made by the arbitrator as modified by the IV Additional Judge, City Civil Court, by his Judgment dated 25-6-1990. The State of Andhra Pradesh represented by the Superintending Engineer, I and CAD (Godavary Valley Circle) filed O.P. No. 395/1989 Under Sections 30 and 33 of the Arbitration Act to set aside the award to the extent the claims were allowed. The O.P. was partly allowed by the IV Additional Judge, City Civil Court. Against that, C.M.A.No. 357/1991 was filed by the respondent in the O.P. (hereinafter referred to as the 'contractor' or 'claimant'). The claimant filed O.P. No. 175/1989 Under Sections 30 and 33 to set aside the award in so far as it went against him. That O.P. was dismissed. Against the Judgment in O.P.No. 175/1989, the contractor filed C.M.A. No. 640/1991 and the State of A.P. has filed C.M.A.N0. 236/1991. The contractor also filed O.S. No. 546/1989 Under Section...


Jun 14 1996

Ravi Traders Vs. Yours Only, Rep. by Its Proprietor, Navneet Baid

Court: Andhra Pradesh

Decided on: Jun-14-1996

Reported in: 1996(3)ALT210

ORDERMotilal B. Naik, J.1. In this CRP the power of the Civil Court imposing certain conditions while permitting the defendant in a suit filed under Order 37 Rule 2 of CPC to appear and prosecute the suit, is the subject matter of consideration before this Court.2. The respondent instituted the suit O.S.No. 463/93 on the file of the II Additional Judge, City Civil Court, Hyderabad under Order 37 Rule 2 of CPC seeking to recover an amount of Rs. 6,82,360/- basing on a transaction of sale of tea leaves. After the suit being instituted by the respondent, on issuing summons for judgment, the defendant who is the petitioner in this revision, as required under Sub-rule (5) of Rule 3 of Order 37 CPC filed I.A.No. 1758/93 seeking permission to participate in the proceedings. The petitioner filed an affidavit in the Court admitting the fact of issuing a blank cheque in favour of the respondent-plaintiff in the year 1991. The petitioner also denied to have issued a cheque for an amount of Rs. 5,...


Jun 14 1996

Mohd. Abdul Basith Vs. Smt. Razia Begum

Court: Andhra Pradesh

Decided on: Jun-14-1996

Reported in: 1996(3)ALT280

ORDERKrishna Saran Shrivastav, J.1. This order shall also govern the disposal of CRP 591 of 1996. Both these revision petitions are being disposed of at the admission stage.2. The facts are as follows:3. The petitioner in OS SR 733/1996 brought a suit for specific performance of the contract on the strength of the agreement of sale dated 5-2-1980 alleging that the respondent had agreed to sell his share in the joint property after partition. On 17-2-1983, a memorandum of partition was prepared and the petitioner was put in possession of the land which had fallen against the share of the respondent. It was agreed that the respondent shall execute and get the sale deed registered on demand by the petitioner who had already paid the entire consideration to the respondent.4. Similarly, the plaintiff in OS SR 728/96 filed a suit for specific performance of the contract making almost similar allegations which had been made in the aforementioned suit OS SR 733/1996.5. The lower Court distingu...


Jun 14 1996

N. Madhusudana Reddy Vs. the Director, Telugu Academy and anr.

Court: Andhra Pradesh

Decided on: Jun-14-1996

Reported in: 1996(3)ALT347

ORDERB. Subhashan Reddy, J.1. This writ petition has been filed by a Research Officer of Telugu Academy. Firstly, the petitioner had joined the said institution on 2-1-1971. On 2-4-1986, he had tendered his resignation, but the same was not accepted. Again he renewed the same on 9-9-1986 and on that day, the resignation was accepted by the respondents, but with effect from 2-4-1986. Even though the pension of the petitioner is settled and he is being paid, he was not paid the gratuity. Gratuity is payable @ 15 days salary for each completed year. There are no specific rules framed by the respondents, but they had issued proceedings on 10-11-1976 approving the scheme of introduction of gratuity for the benefit of the employees of Telugu Academy and the eligibility period for gratuity is the qualifying service of five years, subject to the condition that the employee has not been terminated from service by way of inflictment of punishment in disciplinary proceedings. By later proceedings...


Jun 14 1996

Regional Passport Officer and anr. Vs. Devineni Nagendra Kumar

Court: Andhra Pradesh

Decided on: Jun-14-1996

Reported in: 1996(3)ALT1045

P.S. Mishra, C.J.1. Heard. Facts are not in dispute. Petitioner-respondent applied for a passport which was issued on 25-10-1993 being Passport No. Q-439184. It, however, transpired that before applying for the said passport, he had applied for and Passport No. N-645643 dated 22-2-1993 had already been issued to him. In the subsequent application that he had filed, he had not mentioned about his already possessing a passport. To a notice calling upon him to show-cause why the Passport No. Q-439184 issued to him on 25-10-1993 be not cancelled, he stated that due to oversight he had forgotten to mention about the earlier passport. According to his explanation he applied for the new passport after surrendering the earlier one because he believed that signature in the earlier passport was not numerically beneficial (auspicious) to him. Rejecting his application, the 1st appellant has impounded the passport. Learned single Judge has, in W.P. No. 7587 of 1996, taken notice of all these and a...


Jun 13 1996

Sri Nagakrishna Filaments (P) Ltd. Vs. Government of Andhra Pradesh an ...

Court: Andhra Pradesh

Decided on: Jun-13-1996

Reported in: [1997]104STC484(AP)

Syed Shah Mohammed Quadri, J.1. The petitioner is a private limited company registered under the Companies Act. It is a small-scale industrial unit and claims to have been established to take advantage of the incentives offered by the State Government in G.O. Ms. No. 498, Industries and Commerce (IA) Department, dated October 16, 1989. The incentives include investment, subsidies, interest-free sales tax loans, sales tax holiday, power tariff concession, etc., for a period of five years from the date of commencement of the production. The eligibility of the small-scale unit has to be determined by the authority in accordance with the guidelines prescribed. The petitioner applied for eligibility certificate to avail the abovesaid incentives. Initially a temporary eligibility certificate was granted by the General Manager, D.I.C., Ranga Reddy District, Balanagar. In the final eligibility certificate issued to the petitioner, certain conditions were prescribed. Condition No. 1 in column 1...


Jun 13 1996

Vasant Rao Ankilkar Vs. Nalini Bai Joshi

Court: Andhra Pradesh

Decided on: Jun-13-1996

Reported in: 1996(3)ALT507

ORDERY.V. Narayana, J.1. This revision petition is filed against the judgment dated 29-12-1989 passed in R.A.No. 41 of 1986 by the learned Addl. Chief Judge, City Small Causes Court, Hyderabad allowing the appeal filed against R.C.No. 371 of 80 on the file of the learned I Addl. Rent Controller, Hyderabad dismissing the eviction petition filed on the ground of wilful default by the tenant.2. Brief facts leading to filing of this revision petition are: The petitioner herein is the tenant of the petition premises. The respondent herein is the person, collecting rents from the petitioner, on behalf of the owner of the premises. The respondent herein filed R.C.N0. 371 of 80 Under Section 10(2)(ii) (a) of the A.P. Buildings (Lease, Rent and Eviction) Control Act (the Act) for eviction of the petitioner herein with the following averments: The petitioner herein took the premises initially on a monthly rent of Rs. 45/- which was increased to Rs. 100/-. The petitioner herein is wilful defaulte...


Jun 12 1996

Indian Airlines Ltd. and ors. Vs. Indian Airlines Technical Assistants ...

Court: Andhra Pradesh

Decided on: Jun-12-1996

Reported in: [1997(75)FLR489]; (1998)IIILLJ961AP

G. Bikshapathy, J. 1. The Appellant/Management Indian Airlines aggrieved by the orders of the learned single Judge in W.P.No. 14793 of 1993, dated July 5, 1994, has filed the present Writ Appeal.2. The Writ Petition was filed by the Indian Airlines Technical Assistants Union seeking directions to the Respondents to recognise the Union and negotiate with them before any policy decision touching the service conditions of the Technical Assistants is finalised. Before the learned Single Judge, it was the case of the Union that it was registered under the provisions of the Trade Union Act, 1992. The Technical Assistants working under the Appellant Management throughout India are its members. The Appellant-Management has not been giving fair chance to the Workmen and the interest of its members has not been effectively protected by Air Corporation Employees Union which was a recognised union. It is the principle grievance of the Union that the Appellant Management is not giving any hearing t...


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