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Andhra Pradesh Court June 1996 Judgments

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Jun 04 1996

Samina Venkata Sureswara Sarma Vs. Meesala Kota Muvullayya

Court: Andhra Pradesh

Decided on: Jun-04-1996

Reported in: AIR1996AP440; 1996(2)ALT982

1. This appeal is directed against the judgment and decree in O. S. No. 58 of 1983 dated 23-3-1990 (or 28-3-1990 ...... Ed.) on the file of the I Additional 'Subordinate Judge, Kakinada. Appellant is the defendant and the r espondent is theplaintiff in the said suit. For the purpose of convenience, the parties are arrayed as plaintiff and defendant.2. Plaintiff-- Meesala Kota Muvullayya instituted a suit for specific performance of agreement of sale dated 16-5-1979 directing the defendant to execute a registered sale deed in respect of plaint schedule property and put the plaintiff in vacant possession or in the alternative to pass a decree for an amount of Rs. 37,000/- with interest at 24% per annum and for costs.3. The case of the plaintiff before the trial Court is that he entered into an agreement of sale on 16-5-1979 in respect of the plaint schedule property with the defendant who agreed to sell the same for a total consideration of Rs. 2,66,000/-. Under the terms of agreement, t...


Jun 04 1996

Maheswari Jewellery Mart Vs. Commercial Tax Officer (intelligence), Vi ...

Court: Andhra Pradesh

Decided on: Jun-04-1996

Reported in: [1996]103STC421(AP)

Syed Shah Mohammed Quadri, J.1. The petitioner seeks a writ of mandamus for a declaration that the action of the respondent in collecting the compounding fees of Rs. 4,000 and penalty of Rs. 30,600, is illegal and arbitrary and for a consequential direction to refund the said amounts. 2. The petitioner is a dealer registered under the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the Act'). He is carrying on the business of manufacture and sale of jewellery at Vijayawada. On July 29, 1989, the Commercial Tax Officer (Intelligence), Vijayawada, respondent herein, inspected the premises of the petitioner and on verification of the stocks found certain variations. The respondent passed an order on August 17, 1989 computing the suppressed turnover at Rs. 1,86,920 under various heads and directed payment of tax on that basis. Further, the respondent also directed payment of Rs. 4,000 as compounding fees as the petitioner has accepted the offence and agreed to pay the said compound...


Jun 04 1996

A.V. Papayya Sastry and ors. Vs. the State of A.P. Rep. by Its Secreta ...

Court: Andhra Pradesh

Decided on: Jun-04-1996

Reported in: 1996(4)ALT393

ORDERMotilal B. Naik, J.1. Petitioners seek a mandamus directing the respondents to pass an award in pursuance of notification under Section 4(1) of the Land Acquisition Act published on 17-5-1991 and further seek such other reliefs in the circumstances of the case.2. In all, there are seven petitioners in this writ petition. Petitioner No. 1 and late A. Suryanarayana Rao are brothers. Since A. Suryanarayana Rao died, his legal heirs-Petitioners 2 to 7 along with the first petitioner have filed this writ petition.3. It is stated that in the year 1972, the fourth respondent initiated negotiations with the first petitioner and his brother A. Suryanarayarna Rao for acquiring the lands of the petitioners for the purpose of construction of staff quarters to its employees. The terms of the negotiations were reduced in writing between the petitioner No. 1 and his brother A. Suryanarayana Rao on one side and the fourth respondent on the other side on 28-8-1972 for acquiring the lands to an ext...


Jun 04 1996

A.V. Papayya Sastry and ors. Vs. Government of A.P., Revenue (Uc.i) De ...

Court: Andhra Pradesh

Decided on: Jun-04-1996

Reported in: 1996(3)ALT10

ORDERMotilal B. Naik, J.1. Proceedings in G.O.Ms.Nos. 21, dated 20-1-1995 issued by the first respondent are assailed by the petitioners on various grounds and seek quashing of the same by holding that the said proceedings are illegal.2. The third respondent proposed to acquire the lands of these petitioners to an extent of Acs.18.36 cents situated in Sy. Nos. 3/1, 3/2 and 3/4 in Kancherapalem village of Visakhapatnam Mandal, Visakhapatnam District along with the lands of other owners for construction of staff quarters meant for its employees. Negotiations were entered into in the year 1972 and on agreed terms, the lands were delivered to the third respondent on 29-8-1972 itself. The first petitioner and his brother late Sri A. Suryanarayana Rao were struggling to get compensation for the lands which were taken possession by the third respondent in the year 1972 itself on account of the delayed tactics by the third respondent authorities who were to refer the matter to the land acquisi...


Jun 04 1996

i.T.C. Limited, Rep. by Its Vice-president (Hrd), Mr. K.V. Raghavaiah ...

Court: Andhra Pradesh

Decided on: Jun-04-1996

Reported in: 1996(3)ALT77

ORDERB. Sudershan Reddy, J.1. The instant two writ petitions can be disposed of by this Common Judgment, as the question involved is one and the same.2. The petitioner in these two writ petitions is aggrieved by an interlocutory order passed by the 1st respondent-Labour Court, Guntur on 20th October, 1995 allowing the application filed by the 2nd respondent - Staff Association. The Labour Court by the impugned order directed the petitioner company to produce certain documents mentioned in the petition on or before 10-11-1995.3. Factual matrix: The petitioner is a company within the meaning of the Companies Act, 1956 and is engaged, inter alia, in the business of procuring, threshing and export of tobacco to various countries for which purpose it has a division called the Indian Leaf Tobacco Development Division (ILTD) having its Headquarters at Guntur. There are about 2500 employees in various categories in the petitioner's company and it is stated that mere are three different Trade U...


Jun 04 1996

Smt. Ratlavat Chandi Vs. Govt. of A.P. Rep. by Its Secretary, Home Dep ...

Court: Andhra Pradesh

Decided on: Jun-04-1996

Reported in: 1996(2)ALT850; 1996(2)ALT(Cri)711

ORDERMotilal B. Naik, J.1. Custodial torture resulting in the death of one Ratlavat Mothya, resident of Katonigadda Tanda, Masigundlapalli Village, Midgil Mandal, Mahaboobnagar District, is complained in this Writ Petition.2. Petitioner seeks a direction to the respondents to pay a sum of Rs. one lakh towards compensation on account of the custodial death of Ratlavat Mothya and seek a further direction to initiate proceedings Under Section 302 of IPC against the officials responsible for the death of said Mothya.3. Petitioner is the wife of late Ratlavat Mothya and is aged about 35 years. According to her, they have four minor children - three male, aged 14, 7 and 3 years respectively and one female child aged 5 years. It is stated, her late husband Mothya brought them to Mahaboobnagar town from the native place of Katonigadda Thanda for eking out their livelihood. Her husband was a rickshaw puller and the entire family was dependent on his earnings for survival.4. It is stated that on...


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