Andhra Pradesh Court March 1997 Judgments
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Steel Employees Welfare Association (Regd.) Vs. Deputy Transport Commi ...
Court: Andhra Pradesh
Decided on: Mar-20-1997
Reported in: 1998(4)ALD704
ORDERT.N.C. Rangarajan, J. 1.This writ petition is directed against the order dated 30-12-1996 by which the Deputy Transport Commissioner and Secretary, Regional Transport Authority, Visakhapatnam held that the petitioner had utilised the vehicle as a contract carriage, for which a private service vehicle permit was given and, therefore, thepetitioner was liable to pay the difference in tax amounting to Rs. 11-50 per seat for the quarter ending 31-12-1996. In the petition, it is alleged that the vehicle was registered as AP.31/T. 2994 with a private service vehicle permit for the purpose of transporting the members of the petitioner Association from residence to the work spot and back and the demand is in contradiction to the permit given to the petitioner. In the Counter affidavit it is stated that on a check conducted on 27-11-1996, it was found that the members of the Association were contributing Rs. 200/-pcr month to the Organizing Secretary and that the Association having no trad...
Port and Dock Cargo Handling Workers' Welfare Association, rep. by Its ...
Court: Andhra Pradesh
Decided on: Mar-20-1997
Reported in: 1997(3)ALT263
T.N.C. Rangarajan, J.1. This Writ Petition is directed against the order dated 5-2-1997 by which the Deputy Transport Commissioner and Secretary, Regional Transport Authority, Visakhapatnam held that the petitioner had utilised the vehicle as a contract carriage, for which a private service vehicle permit was given and, therefore the petitioner was liable to pay the difference in tax amounting to Rs. 11-50 per seat for the quarter ending 31-12-1996. In the petition, it is alleged that the vehicle was registered as AEV 2345 with a private service vehicle permit for the purpose of transporting the members of the petitioner-association from residence to the work spot and back and the demand is in contradiction to the permit given to the petitioner. In the Counter affidavit it is stated that on a check conducted on 2-12-1996, it was found that the members of the association were contributing Rs. 200/- per month to the Organising Secretary and that the association, having no trade or busine...
Viyyapu Danayya Vs. Peethala Appa Rao and ors.
Court: Andhra Pradesh
Decided on: Mar-20-1997
Reported in: 1997(3)ALT266
B.V. Ranga Raju, J.1. The plaintiff is the appellant. He filed the suit for declaration of his title in the plaint 'B' schedule property, for a direction to the defendants to put him in vacant possession of the 'B' schedule property and for permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the 'A' schedule property.2. As per the plaint averments, the plaintiff purchased Ac. 1.25 cts. of land bearing patta No. 70 in Sy. No. 82/1 under a registered sale deed dt. 24-3-1977. However, by the date of purchase, the defendants were residing in a house ('B' schedule property). The vendors of the plaintiff told him that the defendants have been residing in the said house, that they will vacate the same as and when demanded, that the defendants also agreed before the plaintiff to vacate the house as and when he demands, that however, in the month of October, 1979 when the plaintiff asked to vacate the same, they refused to do so, that t...
Apsrtc Rep. by Its Managing Director Vs. State Transport Appellate Tri ...
Court: Andhra Pradesh
Decided on: Mar-20-1997
Reported in: 1997(3)ALT193
ORDERC.V.N. Sastri, J.1. These six writ petitions are being disposed of by this common order as a common question relating to the grant of stage carriage permits in respect of the self-same route i.e., on the town service route-Bhimavaram New Bus-Stand to Kalavapudi is involved in all of them. The first two writ petitions i.e., W.P. Nos. 17467 and 17479 of 1993 are filed by the A.P.S.R.T.C. questioning the orders of the State Transport Appellate Tribunal, granting permits to the third respondent in each of the said writ petitions subject to the grant of permission by the Transport Commissioner under Rule 258 (2) (ii) of A.P.M.V. Rules, 1989.2. W.P. Nos. 1626 and 1657 of 1994 are also filed by the A.P.S.R.T.C. questioning the orders of the State Transport Appellate Tribunal granting permission under the said rule after setting aside the order of the Transport Commissioner refusing permission. W.P. Nos. 17888 and 17889 of 1993 are filed by two persons claiming to be the Secretary and Pre...
Ravindra Solvent Oils Ltd. Vs. Member Secretary, Apseb and ors.
Court: Andhra Pradesh
Decided on: Mar-20-1997
Reported in: 1997(3)ALT629
ORDERS. Parvatha Rao, J.1. The petitioner questions the order of the third respondent dated 7-1-1993 confirming the assessment of charges towards alleged malpractice at Rs. 6,11,204-44 ps. made by the second respondent.2. The petitioner set up a unit for manufacturing bran oil from rice bran and has been receiving electrical energy from the Andhra Pradesh State Electricity Board. Its contracted maximum demand is 260 KVA and its contracted load was 326.81 HP. It is the case of the petitioner that it approached the Electrical Inspectorate of Government of Andhra Pradesh and obtained permission for installation of additional loads under letters dated 7-1-1983 and 3-6-1985 and that it informed the Assistant Divisional Engineer (Operation) at Vijayawada by letter dated 26-6-1985 about the release of the additional loads. According to the petitioner, after obtaining the said permissions, it installed equipment to the extent of additional loads sanctioned by the Electrical Inspectorate. After...
Kota Sambasiva Rao and Others Vs. Kota Venkateswarlu and Others
Court: Andhra Pradesh
Decided on: Mar-19-1997
Reported in: AIR1997AP331; 1997(2)ALT347
1. This Letters Patent Appeal is from the judgment and decree of a learned single Judge of this Court in A S. No. 154 of 1977 affirming the decree passed in O.S. No. 203 of 1970 dismissing the suit O.S. No. 203 of 1970 on the file of the Subordinate Judge, Guntur filed by appellants 2 to 4 herein, sons of the first appellant.2. The suit was instituted by three plaintiffs, appellants 2 to 4 herein, for partition of the joint family properties consisting of immovable properties as mentioned in plaint -- A schedule and joint family business (iron, hardware etc.,) as disclosed in plaint -- B schedule. As already stated, defendant No. 3 is the father of the three plaintiffs. Defendants Nos. 1, 2, 4, 5 and 6 are brothers of defendant No. 3. Defendant No. 7 is the mother of defendants 1 to 6. The 8th defendant is the firm known by the name of M/s. Kola Pullaiah and Sons, Guntur. Kola Pullaiah, the father of defendants 1 to 6, carried on business in iron and hardware and other goods in Guntur ...
Assistant Commissioner of Income-tax Vs. Yerra Nagabhushanam
Court: Andhra Pradesh
Decided on: Mar-19-1997
Reported in: 1997(1)ALD(Cri)702; 1997(1)ALT(Cri)837; [1997]226ITR843(AP)
B.S. Raikote J. 1. This appeal is preferred by the Assistant Commissioner of Income-tax, Investigation, being aggrieved by the judgment of the Special Judge for Economic Offences at Hyderabad, dated August 30, 1994, on his file in C.C. No. 96 of 1992. 2. By the impugned judgment, the court below convicted A-1, Visakha Medical Stores, Main Road, Kancharapalam, Visakhapatnam, of the offence under section 276C of the Income-tax Act, by imposing a fine of Rs. 5,000 and in default A-2 to undergo rigorous imprisonment for a period of six months. A-1 was further convicted and sentenced to pay a fine of Rs. 5,000 for the offence under section 277 of the Income-tax Act and in default A-2 to undergo rigorous imprisonment for a period of six months. By the same judgment, the court below acquitted A-2 of the offence under section 276C and under section 277 of the Income-tax Act. This appeal is preferred in so far as it relates to the acquittal of A-2. The conviction of A-1-firm is not challenged i...
Ayesha Begum Vs. Venkataswamy
Court: Andhra Pradesh
Decided on: Mar-19-1997
Reported in: 1997(4)ALT57
A. Hanumanthu, J.1. This second appeal has been preferred against the judgment and decree dated 30-8-1988 passed in A.S.No. 119/86 on the file of the Chief Judge, City Civil Court, Hyderabad confirming the judgment and decree of the III Assistant Judge, City Civil Court, Hyderabad dismissing the suit O.S. No. 3038/81.2. The appellant herein is the plaintiff and respondent herein is the defendant in the said suit. That suit was filed by the appellant-plaintiff herein for ejectment of the respondent-defendant herein from the plaint schedule premises and for recovery of arrears of rent and mesne profits alleging that the respondent was inducted as tenant in the said premises with effect from 11-10-1965 and the monthly rent was enhanced to Rs. 25/- and that the defendant committed default in payment of rent from 11-1-1981 to 11-10-1981 and that the tenancy was terminated after issuing notice under Section 106 of Transfer of Property Act. It is also alleged in the plaint that the suit house...
Sunitha Talwar and anr. Vs. Vijaya Bank, Somajiguda Branch
Court: Andhra Pradesh
Decided on: Mar-19-1997
Reported in: 1997(2)ALT810
Krishna Saran Shrivastav, J.1. The respondent Bank had filed a suit for recovery of loan amount. The petitioners/defendantshad submitted their written statement. Thereafter they filed an application for a direction to the respondent/plaintiff Bank for furnishing copies of documents as mentioned in the list filed along w'th the plaint. On the strength of Rule 20 (4) of the Civil Rules of Practice this application has been filed to supply copies of documents. The lower Court rejected the application on the ground that the petitioners/defendants had already been furnished with the copies of the plaint and also a list of documents alongwith copies of documents. If the documents had not been furnished to the petitioners/defendants they would have filed a petition at an earlier stage.2. It is contended on behalf of the petitioners/defendants that the respondent Bank has not claimed in answer to the Memo that copies of the documents had already been supplied to the petitioners/defendants.3. I...
National Institute of Rural Development and ors. Vs. K. Ramakrishna Pr ...
Court: Andhra Pradesh
Decided on: Mar-19-1997
Reported in: 1997(6)ALT647
P.S. Mishra, C.J.1. Heard.2. These appeals arise out of a common judgment by a learned single Judge who has held as follows:'Thus, as per this rule, persons similar to petitioners but employed after 1-7-1986 will not be entitled to advance increments. But this rule as per Office Memorandum dated 31-7-1986 issued by the Ministry of Personnel, applies only to appointments made on or after 1-7-1986. As the petitioners were re-employed before 1-7-1986, this Office Memorandum does not apply to them.The claim of the other four petitioners is similar to that of petitioner in W.P.No. 17408 of 1992. In the result, all the five writ petitions are allowed and the impugned orders as confirmed by the appellate authority are quashed and it is declared that petitioners in W.P.Nos. 17408, 17409, 17410, 17411 of 1992 and W.P.No. 323 are all entitled to pay of Rs. 530/-, 308/-, 358/-, 400/- respectively....'3. Facts, of the case are fully narrated in the impugned Judgment. With reference to W.P.No. 1740...
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