Andhra Pradesh Court April 1997 Judgments
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Sri Maruthi Lime Manufacturing Industrial Co-operative Society Limited ...
Court: Andhra Pradesh
Decided on: Apr-01-1997
Reported in: [1997]107STC23(AP)
Y. Bhaskar Rao, J. 1. This batch of writ petitions is filed assailing the constitutional validity of G.O. Ms. No. 625, Revenue, dated July 31, 1996 and seeking a writ of mandamus directing the 1st respondent to include 'lime manufacturing' in the annexure to Notification XXII in G.O. Ms. No. 625, Revenue, dated July 31, 1996 and also directing the authorities not to collect tax on the purchases or sales made by the petitioners during the period from May 20, 1992 to May, 2001 during which period the petitioners are to repay the loan to the Khadi and Village Industries Board. 2. The facts of the case are that the petitioners are societies registered under the Societies Registration Act comprising of artisans engaged in picking up limestones and producing lime. The 5th respondent - Chief Executive of the A. P. Khadi and Village Industries, sanctioned loans to the petitioners for setting up B-type lime units each consisting of a kiln, godown, tools and implements. According to the Schedule...
A.P. State Electricity Board and ors. Vs. V.B.C. Foods Pvt. Ltd.
Court: Andhra Pradesh
Decided on: Apr-01-1997
Reported in: AIR1998AP177; 1997(3)ALT249
Y. Bhaskar Rao, J. 1. As the point involved in this batch of Writ Appeals is similar, they were heard together and arc being disposed of by this common judgment. 2. Writ Appeals Nos. 727 of 1991, 878 to 890 of 1991 and 892 of 1991 to 900 of 1991 and 1567 of 1992 are filed by the A. P. State Electricity Board (for short 'the Board') assailing thejudgment passed by the learned single Judge dated 10-4-1991 in Writ Petition Nos. 1044! of 1990 and batch partly allowing the Writ Petitions. The Board has also filed Writ Appeals Nos. 876 and 877 of 1991 and 891 of 1991 assailing the judgment passed by the learned single Judge dated 26-6-1991 in Writ Petitions Nos. 3766 to 3768 of 1991 allowing the Writ Petitions, while the Writ Appeal No. 527 of 1994 is filed by V.B.C. Foods Private Limited assailing the judgment of the learned single Judge dated 10-4-1991 passed in Writ Petition No. 10441 of 1990 and batch. 3. The Writ Petitioners, who are the High Tension consumers, hereinafter called as 'co...
Bharat Heavy Electricals Limited, Corporate Research and Development R ...
Court: Andhra Pradesh
Decided on: Apr-01-1997
Reported in: 1997(4)ALT175
ORDERS.R. Nayak, J.1.The petitioner is a company owned by the Government of India. In this writ petition, as originally presented, it sought a direction to respondent Nos. 2 and 3 to act in accordance with the provisions of Sub-sections (3) and (4) of Section 88 of the A.P. Municipalities Act, 1965 (for short 'the Act'), and exempt the township established by the petitioner from payment of the whole of water tax, drainage tax, lighting tax, scavenging tax, library cess etc., and levy and collect tax for general purposes.2. It is the claim of the petitioner that the township was established, and it has not been deriving any benefit either in part or full in terms of supply of water or facility of drainage or lighting system from the respondents. In that view of the matter, they sought exemption from payment of aforementioned taxes by filing an application. When this writ petition was filed, the application filed by the petitioner under Sub-sections (3) and (4) of Section 88 of the Act w...
K. Mohan Lal and N. Venkatesh Vs. State of A.P. Rep. by Chief Secretar ...
Court: Andhra Pradesh
Decided on: Apr-01-1997
Reported in: 1997(4)ALT220
ORDERP.S. Mishra, C.J.1. The first petition by a practising Advocate and the second on a representation by one Sri N. Venkatesh, which is made on the basis of a newspaper report having the headline 'appointment in Land Grab Court raises eyebrows', under Article 226 of the Constitution of India are primarily directed to the validity of Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 and the appointment of the Judicial Members as well as Revenue Members of the Land Grabbing Special Court which is constituted under the said Act.2. It is stated on behalf of the petitioners that first the Ordinance and later the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (for short 'the Act') which has received the assent of the President of India on 14-9-1982, was enforced with effect from 29-6-1982, with a view to prohibiting the ctivity of land grabbing in the State of Andhra Pradesh. The statement of objects and reasons gives a glimpse of the cause for the enforcement by the Legislature o...
Bandi Narsaiah (Died) and ors. Vs. Virabathini Mallesham and anr.
Court: Andhra Pradesh
Decided on: Apr-01-1997
Reported in: 1997(4)ALT583
V. Bhaskar Rao, J.1. These two Second Appeals arise from a common judgment in A.S. No. 11/1987 and cross-objections therein on the file of Additional District Judge, Warangal, dated 15-7-1992 and affirming the findings of the trial Court in O.S. No. 33 /1974 of Additional Subordinate Judge, Warangal, dt. 23-10-1986, except the issue relating to possession and dismissing the appeal and at the same time reversing the finding relating to possession and allowing the cross-objections filed by respondent-defendant No. 2. Pursuant to the above judgment and decree, the Appellate Court directed that the cross-objector-defendant No. 2 be put in possession of the suit land by an order dated 24-11-1992 in E.P.No. 193/1992. The revision petition is directed against the order directing delivery of possession. Hence, common questions arise in both the Second Appeals and C.R.P. and thus, they are being disposed of together.2. The facts giving rise to these appeals and revision petition in brief are:Th...
Super thermal Power Project, National thermal Power Corporation Ltd., ...
Court: Andhra Pradesh
Decided on: Apr-01-1997
Reported in: 1997(2)ALT728
Ramesh Madhav Bapat, J.1. The appellant herein was the first defendant in O.S.No. 85 of 1987 which is pending on the file of the Subordinate Judge, Peddapalli. The plaintiff-lst respondent herein had instituted the aforesaid suit for declaration that the proceedings dated 4-6-1984 issued by the third defendant appointing the second defendant as sole arbitrator is illegal, arbitrary and without jurisdiction and also for refund of earnest money deposit and security deposit.2. The averments made in the suit can briefly be narrated as follows: It was averred by the first respondent herein that the first defendant-Corporation issued a notice dated 1-6-1982 inviting the tenders for the work of transportation of cement from M/s. Kesoram Cement Factory, Basanthnagar to the stores of the first defendant-Corporation at Ramagundam by road and for unloading and stocking the cement gunny bags in the store of first defendant-Corporation.3. It is further stated by the plaintiff-first respondent herei...
Korla Suranna (Died) and L.R. Vs. Tummalapalli Gangamma and anr.
Court: Andhra Pradesh
Decided on: Apr-01-1997
Reported in: 1997(3)ALT33
ORDERV. Bhaskara Rao, J.1. This C.R.P. is directed against the order in L.A. No. 1268/1993 in O.S. No. 167/1987 on the file of Principal restrict Munsif, Ramachandrapuram, dated 30-9-1994, refusing an amendment to the plaint under Order VI Rule 17 of the Code of Civil Procedure.2. The revision petitioner is the plaintiff in O.S. No. 167/1987, wherein he sought for declaration of right, title and interest and possession of the suit property. He based his title upon a sale deed dated 16-10-1939, the consideration thereunder being Rs. 38/-. He asserted in the affidavit that due to oldage he could not give the correct particulars of the transaction under which his father purchased the suit property and that the date of transaction 16-10-1939 was wrong. It is further asserted that subsequently it came to light that the sale deed is dated 15-7-1941 and he has led the evidence accordingly. He, therefore, sought for amendment of the plaint at two places viz., in para 3 to substitute '15-7-1941...
Cheemakurthi Sree Krishna Mohan Rao and anr. Vs. Naragani Nagabhushana ...
Court: Andhra Pradesh
Decided on: Apr-01-1997
Reported in: 1997(3)ALT604
ORDERV. Bhaskara Rao, J.1. These three Civil Revision Petitions are interconnected and they are directed against three separate orders in different Interlocutory Applications in O.S. No. 42 of 1988 on the file of Principal District Munsif, Eluru. Hence they are being disposed of by this common order.2. The facts and circumstances giving rise to these three Civil Revision Petitions are as under :The Revision Petitioners herein are plaintiffs in O.S. No. 468 of 1987. The case is said to be at the stage of arguments as both sides have adduced oral and documentary evidence. At this stage, the petitioners herein came to know that P.W.2 is having certain documents in his possession and hence they filed I.A. No. 1475 of 1996 under Order 13 Rule 2 C.P.C. seeking permission to file the same by explaining the reasons for their failure to produce the same earlier. An affidavit of P.W.2 is filed in support of the petition. They also filed I.A. No. 1476 of 1996 under Order 18 Rule 17-A to recall P....
D.S. Krishna Vs. Digvijay Industries
Court: Andhra Pradesh
Decided on: Apr-01-1997
Reported in: 1997(3)ALT756
ORDERP. Venkatarama Reddi, J.1. This Revision Petition is filed under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act by the tenant. The order of the appellate Court (Chief Judge, City Small Causes Court, Hyderabad) passed in R.A. No. 485 of 1988, which was the appeal preferred by the landlord, is under challenge. By the impugned order, the Chief Judge, Small Causes Court allowed the appeal filed by the landlord-respondent and ordered eviction of the petitioner from the premises bearing Municipal No. 1-8-583, situated in Azamabad Industrial Area.2. The dispute is in respect of a factory shed with a hall measuring 50' x 40' and an attached room together with contiguous open space of 50' x 20', of which the petitioner obtained lease from the respondent on 1-10-1964. The eviction petition was filed on the grounds of wilful default in the payment of rent and the denial of jural relationship of landlord and tenant without bona fides. The stipulated rent for the premi...
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