Andhra Pradesh Court August 1996 Judgments
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Mirza Mahboob Baig and ors. Vs. Dan Venkat Narasimha Reddy
Court: Andhra Pradesh
Decided on: Aug-16-1996
Reported in: 1996(4)ALT647
Lingaraja Rath, J.1. This appeal is directed against the confirming judgment of the learned single Judge decreeing the suit brought by the respondent for specific performance of contract of the suit house. The agreement was executed by appellant No. 1, with the respondent but in the suit filed by the respondent against appeallant No. 1 for specific performance, the appellants 2 and 3, sons of appellant No. 1 got themselves impleaded as defendants 2 and 3 setting up the defence that appellant No. 1 had no authority to execute the agreement of sale since they were the actual owners of the property, and that the property had been purchased by appellant No. 1 in his own name though money had been advanced by the two sons for the purchase. It was also their case that the agreement was a fraudulent one as it was intended to be an agreement of lease for the house to be taken on rent by the respondent, but taking advantage of the old age of appellant No. 1 fraud was practised upon him by the r...
Syed Farees Ahmed Vs. Sameena Misbah and ors.
Court: Andhra Pradesh
Decided on: Aug-14-1996
Reported in: 1996(4)ALT12; II(1997)DMC114
B. Subhashan Reddy, J.1. Even though the matter came up at interlocutory stage, both the learned Counsel have requested us to hear and dispose of the appeal as the subject matter is a marriage dispute and it was filed against a preliminary finding.2. This appeal is directed against the Judgment and Decree dated 21.12.1995 rendered by the Family Court, Hyderabad in O.S. No. 154 of 1995. The suit was originally instituted as O.S. No. 5277 of 1994 on the file of the IX Assistant Judge, City Civil Court, Hyderabad seeking a relief of restitution of conjugal rights by the appellant herein against the 1st respondent on the premise that there was a marriage inter se him and the 1st respondent on 28.12.1993. The same was denied and the case was being contested. The denial was in to and the 1st respondent is very categorical that the marriage was never performed as stated by the plaintiff appellant, that the same is an illusion and that the marriage certificate is a forged one. On the rival con...
Harijan Savaramma Vs. M.A. Nayeen and ors.
Court: Andhra Pradesh
Decided on: Aug-14-1996
Reported in: I(1997)ACC419
B.K. Somasekhara, J.1. The award of the Motor Accident Claims Tribunal, Ranga Reddy District in OP. No. 276/83 dated 4.7.1987 is in challenge wherein Rs. 500/-has been awarded by way of compensation for the three simple injuries sustained by the appellant/claimant due to the motor vehicle accident that occurred on 3.6.1983 at about 4.30 PM near Kodanpalli due to the rash and negligent driving of the lorry by the 1st respondent. The lorry belongs to the 2nd respondent and insured with the 3rd respondent. The Tribunal has found that the accident was due to the rash and negligent driving of the vehicle by the 1st respondent. Putting the fixed liability on the 2nd respondent and the liability due to indemnity on the part of the 3rd respondent, the award was passed.2. Mr. Raja Sripathi Rao, the learned Counsel for the appellant has contended that in view of the testimony of the claimant herself about her inability to work t for atleast six months having due regard to the certain injuries co...
M/S. Mahabaleswarappa and Sons, Bellary and Etc. Etc. Vs. Commissioner ...
Court: Andhra Pradesh
Decided on: Aug-13-1996
Reported in: AIR1997AP85; 1996(4)ALT334
ORDERY. Bhaskar Rao, J.1. These writ petitions questioning the assessment under Section 3, the demand raised under Section 4 and the amendment to the Schedule to the Andhra Pradesh Non-Agricultural Lands Assessment Act, 1963 (for short 'the NALA Act') at the first instance came up before a Division Bench of this Court consisting of Syed Shah Mohammed Quadri, J. and G. Bikshapathi, J. The main contentions raised before, the said Division Bench by the petitioners are that amendments to Section 2(d), Section 8 and to the Schedule to the NALA Act are unconstitutional, that the enhanced rate of assessment is arbitrary, excessive and confiscatory in nature and that since vacant non-agricultural lands are being assessed, the decision of the Full Bench of this Court in S.V. Cement Ltd. v. R.D.O. Nandyal : 1993(2)ALT32 (FB) requires reconsideration. The Division Bench holding that the decision of the Full Bench in S.V. Cement's case (supra) requires reconsideration in view of the observations o...
M. Swamy Vs. A.P.S.R.T.C, Karimnagar
Court: Andhra Pradesh
Decided on: Aug-13-1996
Reported in: 1998(1)ALD289
ORDER1. Heard Sri. P.V. Namyana Rao, learned Counsel for the petitioner and Smt A. Vijayanthi, learned Standing Counsel for the Respondent Corporation.2. The matter arises out of an Execution Petition No.11 of 1992 filed by the decree-holder-plaintiff The same after contest was dismissed by orders dated 5-6-1996. Aggrieved against the same, the decree-holder-plaintiff has filed the above Revision Petition.3. For the sake of convenience, the parties shall be referred to in this order as arrayed in the suit.4. The plaintiff - a driver in the Defendant Corporation filed a suit O. S.No.351 of 1979 for declaration that the order dated 12-4-1979 removing the plaintiff from service is null and void. The suit was decreed by judgment and decree dated 21-8-1982. The decree passed in the suit is in the following terms :' 1. That the order dated 12-4-1979 of the District Manager of Karimnagar Depot, Defendant - Corporation in File No.02/ 104(492)778, removing the plaintiff from the service of defe...
Baba Container Mfrs. Vs. Additional Collector of Customs and Central E ...
Court: Andhra Pradesh
Decided on: Aug-13-1996
Reported in: 2000(68)ECC234; 2000(115)ELT321(AP)
ORDERSyed Shah Mohammed Quadri, J.1. The Petitioner challenges the validity of the order passed by the Customs, Excise & Cold (Control) Appellate Tribunal, the 2nd respondent herein, in Order No. 1173, dated 23-5-1996 as also the Order No. 173/1991, dated 25-11-1991 of the 1st Respondent as being illegal and arbitrary. 2. To appreciate the contentions urged before us, it would be necessary to note the relevant facts giving rise to filing of this writ petition. The petitioner is a partnership firm dealing in manufacture of Metal Containers. It has a factory situated at Self-employment Industrial Estate, Kattedan, Hyderabad. The petitioner has been availing the facility of MODVAT credit under Rule 57A of the Central Excise Rules, 1944 (for short 'the Rules'). The Additional Collector of Customs & Central Excise, the 1st Respondent herein, having noticed that the petitioner has taken credit under Rule 57A of the Rules, without showing the evidence of payment of duty on inputs, issued a sh...
State of Andhra Pradesh Vs. Andhra Pradesh Electrical Equipment Corpor ...
Court: Andhra Pradesh
Decided on: Aug-13-1996
Reported in: [1997]104STC415(AP)
Syed Shah Mohammed Quadri, J. 1. These four tax revision cases are filed by the State under section 22(1) of the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the APGST Act'). They relate to the same assessee but are in respect of different assessments. T.R.C. No. 127 of 1990 arises out of assessment for the year 1976-77 and T.R.C. No. 195 of 1990 pertains to the assessment year 1982-83. T.R.C. No. 185 of 1990 relates to assessment year 1983-84 and T.R.C. No. 206 of 1990 pertains to the assessment year 1984-85. 2. The short but interesting question that arises for consideration in these tax revision cases, is whether the electric meter falls within entry 38 or entry 83 of the First Schedule to the APGST Act. 3. The respondent, in all these tax revision cases, are the manufacturers and dealers in electrical transformers, meters, lamps, tubes, etc. The assessing authority treated the electric meters as machinery falling under entry 83 of the First Schedule to the APGST Act and,...
Yerraiahgari Venkatachalapathi Vs. Smt. Yerraiahgari Venkataramanna
Court: Andhra Pradesh
Decided on: Aug-13-1996
Reported in: 1996(2)ALT(Cri)704; II(1996)DMC717
A. Hanumantha, J.1. This is an application filed under Section 482, Cr.P.C. to quash the orders in Crl. Revision Case No. 18/93 on the file of the District & Sessions Judge, Chittoor, confirming the order of the Munsiff Magistrate, Vayal- padin M.C. No. 3/91.2. The facts in brief are as follows :The petitioner herein is the husband of the 1st respondent herein. She filed a petition under Section 125(1), Cr.P.C. in M.C. No. 3/91 for granting maintenance alleging that she is the legally wedded wife of the petitioner herein, that she was subjected to cruelty, that she has been driven out of the house and that he married another lady and living with her. The petitioner resisted that application. He denied the factum of marriage with the 1st respondent. He contended that the 1st respondent filed the said petition at the instance of one Srihari, who is the husband of his sister, and against whom, his sister initiated maintenance proceedings, that he married one Tulasamma and he is living wit...
Godamma Vs. Authorised Officer and Spl. Tahsildar, Land Reforms and or ...
Court: Andhra Pradesh
Decided on: Aug-13-1996
Reported in: 1997(2)ALT682
ORDERKrishna Saran Shrivastav, J.1. Heard Sri A. Pullareddi, the learned Counsel for the petitioner and the learned Government Pleader for Land Reforms.2. The facts of the case in short are: All the 3 respondents have filed separate declarations before the Lower Tribunal and the Tribunal passed a common order on 18-2-1977 holding that all the three respondents belong to one family headed by the 2nd respondent who is their husband. It rejected the plea of divorce. The appeal was partly allowed. Thereafter, they preferred Civil Revision Petition No. 6773/78, 6834/78 and 27/79, This Court vide its order dated 11-7-1979 set aside the orders of the Courts below and accepted the plea of divorce and directed the lower Tribunal to compute the holding of the appellant i.e., petitioner and the respondents 2 and 3 as separate units.3. The Lower Tribunal passed the impugned order to the effect that there is surplus land of 7.5175 S.H. in excess of the ceiling limit lying with the aforesaid three p...
Dauluru Ramachandra Rao Vs. Bhogi Venkata Ramana
Court: Andhra Pradesh
Decided on: Aug-12-1996
Reported in: 1996(3)ALT725
ORDERK.B. Siddappa, J.1.This revision is filed against the order passed in Check Slip No. 27 of 1992 in O.S. No. 28/91 on the file of the Sub-Judge, Rajam. The Court-fee Examiner while inspecting the Court pointed out that in para 3 of the plaint it is stated by the plaintiff that the defendant received major portion of the consideration and that the plaintiff was put in possession of the plaint schedule house in the month of April, 1990 and the plaintiff is paying house-tax etc. Therefore, in his opinion the agreement is chargeable as sale by virtue of Explanation to Article 47-A of the Indian Stamp Act as amended in the year 1986. This check slip petition was upheld by the lower Court. Aggrieved by the said order, the present revision is filed.2. The learned Counsel appearing for the petitioner submitted that the instrument itself is dated 30-3-1989 and the possession was given in April, 1990. Possession was not given in pursuance of the said agreement. Therefore, Explanation to Arti...
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