Andhra Pradesh Court July 1997 Judgments

Aman Mallikarjuna Rao and anr. Vs. Chukkapalli Veera Raghavayyi and or ...

Court: Andhra Pradesh

Reported in: 1998(3)ALD149

1. This appeal by the plaintiff is directed against the judgment and decree dated 21-1-1985, in O.S.No.199/79 on the file of the Subordinate Judge, Narasaraopet insofar as it is against him.2. The facts in brief, are as follows :(i) The 1st defendant is the father of the 2nd defendant and husband of 3rd defendant and they constituted Hindu Joint Family. The Defendants 4 and 5 are the younger brothers of the plaintiff-appellant. The plaint 'B'schedule property belongs to the family of the Defendants 1 to3. Dl hadapre-deceased son by name Veera Shankara Rao, The plaint 'A' schedule landed properly comprising three S.Nos. i.e., S.No.3/1 extent Acs.6.91 cents, S.No-48/1 extent Acs.3.51 cents and S.No.48/2 extent 1 acre (total extents Acs. 11.51 cents), is shown as forming part of plaint 'B' schedule property belonging to the family ofDefcndants 1 to 3 and late Veera Shankara Rao, the pre-deceased son of Dl. On 7-6-1978, the 1 st defendant executed an agreement of sale in favour of the plai...

Dr. Kanala Kodanda Reddy Vs. Superintendent, Department of Posts and O ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complaint C.D.C. 77/95 District Forum, Chittoor was filed against Superintendent, Department of Posts, Tirupathi, (2) The Post Master, S.V. University Post Office, Tirupathi, and (3) The Post Master General, General Post Office, Hyderabad claiming an amount of Rs.4,99,900/- as damages or compensation and for costs. 2. The complainant, a Scientist in the Department of Anthropology, S.V. University, Tirupathi pursuant to a brochure issued by the International Symposium on Atherosclerosis organised by eminent Scientists on October 9th and 14th of 1994 at Central Canada sent a research abstract on 2.4.1994 by speed post by affixing stamps worth Rs. 400/- to the send Symposium. On enquiry he came to know that the abstract was not received by the Symposium Authorities in Canada. Alleging that due to the negligence of the Postal Authorities, the complainant lost a golden opportunity to attend a Symposium in Foreign Country, he estimated the loss suffere...

Sunil Vs. the Assistant Commissioner of Prohibition and Excise/Excise ...

Court: Andhra Pradesh

Reported in: 1997(4)ALT636

ORDERB. Sudershan Reddy, J.1. The Writ Petitioner, in this instant Writ Petition, assails the order passed by the 1st respondent in Cr. No. D2/2830/97/P&Ex.; dated 4-7-1997 keeping the licence of IML Shop, Langer House No. 1 under suspension pending further enquiry. The said impugned order is obviously passed by the 1st respondent in exercise of the power conferred Under Section 31 of the A.P. Excise Act, 1968. The licence is kept under suspension mainly on the ground that one D. Ramesh was found selling I.M.L. and beer at an open place opposite to the licenced shop and during interrogation of the said person, he is stated to have revealed that he got the stock from Langer House No. 1 with the consent of the licensee to sell on a dry day i.e., 1-7-1997. The enquiry further revealed that the liquor seized on 1-7-1997 from the possession of the said D. Ramesh was actually supplied to the petitioner's wine shop on 4-6-1997 and 25-6-1997 by the Andhra Pradesh Beverage Corporation Limited, ...

Sai Seed Agricultural Farms, Rep. by Its Prop. Sambari Shankar and ors ...

Court: Andhra Pradesh

Reported in: 1997(6)ALT32

B. Subhashan Reddy, J.1. This writ petition raises an important point for consideration impinging upon the operation of general law, when special law is enacted for the said purpose. Concisely speaking, the doctrine of 'occupied field' arises for consideration.2. The petitioners have been prosecuted in Crime No. 20/VC-ADB/90 for the offence punishable under Sections 7 and 8 of Essential Commodities Act, 1955 on the ground of violation of Clause 3(1) of Seeds (Control) Order, 1983. The writ petition was admitted and stay was granted and as such, prosecution did not proceed.3. Mr. K. Ramakrishna Reddy, the learned Counsel for the petitioners submits that the prosecution is launched on the ground that the petitioners were processing cotton seed and the same was suspected to be spurious cotton intended for sale and that too, without licence and necessary documents and as such, they fall within the ambit of Seeds Act, 1966 and can be proceeded only in the manner indicated under the Seeds Ac...

Murari @ Peetha Subba Rao Vs. Tata Rammohan Rao and anr.

Court: Andhra Pradesh

Reported in: 1997(5)ALT114

ORDERV. Bhaskara Rao, J.1. This is an appeal filed Under Section 384 of the Indian Succession Act, 1925, for short the 'Act', against the order in (SC) O.P. No. 55/1984 on the file of I Additional District Judge, Krishna at Machilipatnam, dated 20-7-1988 refusing to grant a Succession Certificate in favour of the appellant-petitioner in respect of petition schedule articles.2. The facts in brief are that:One Murari China Punniah and Murari Seethamma of Peddarayuduthota, h/o. Kaza had no issue and hence, the appellant-petitioner was adopted and a registered Adoption Deed was executed on 14-8-1952. The adoptive parents were murdered on 28-1-1977 in their house at Peddarayuduthota and in that connection a case in Crime No. 7/1977 of P.S. Kuchipudi was registered and it culminated into a Sessions Case viz., S.C. No. 33/1977 on the file of the Additional Sessions Judge, Krishna. It was disposed of on 30-8-1977. The case property consisting of gold ornaments in that case was marked as M.Os. ...

Garware Capital Markets Ltd. Vs. Jaiswal Granites Ltd.

Court: Andhra Pradesh

Reported in: 1997(5)ALT353; [1998]93CompCas218(AP)

Lingaraja Rath, J.1. The appellant had preferred this appeal assailing the order of the learned company judge (see page 215 supra) refusing to admit the application under sections 433(e), 434 read with section 439(1)(b) of the Companies Act, 1956, seeking winding up of the respondent-company. 2. The appellant came with the case of having advanced, at the request of the respondent-company, an intercorporate deposit of Rs. 1 crore on May 16, 1995, to the respondent with repayment promised within 90 days. On August 10, 1995, there was a request by the respondent for extension of the deposit by 60 days. The respondent had repaid by that time, Rs. 80 lakhs, but since thereafter they did not clear the balance in spite of several demands, the application for winding up was filed. The application was contested at the admission stage by the respondent taking the stand that since they had paid Rs. 80 lakhs, the appellant was to release the securities held by it proportionately but that it had re...

K. Varalaxmamma and anr. Vs. Kesav Memorial Educational Society, Hyder ...

Court: Andhra Pradesh

Reported in: 1998(6)ALD72

ORDER1. This CRP is filed against the order dated 18-8-1993 RA No.386 of 1991 on the file of the Chief Judge, City Small Causes Court, Hyderabad confirming the order in IA No.706 of 1991 in RC 807 of 1987 passed by the learned III Additional Rent Controller.2. The petitioners are the tenants. The respondent landlord filed an application for eviction on the ground of bona fide requirement for personal occupation and for wilful default. Pending the petition, the respondent filed IA615 of 1991 claiming arrears of rent of Rs.1,296/- and also seeking a direction to pay future rents at the rate of Rs.24/- per month. The said application was allowed directing the tenants to pay forthwith the arrears of rent. As that order was not complied with by the tenant, the landlord filed an application IA 706 of 1991 under Section 11(4) of the Rent Control Act, praying to induct the landlord in possession of the petitioner schedule premises. The said application was filed on 6-12-1991 after serving noti...

Ch. Sivaram Vs. Taluk Junior College, Rep. by Its Secretary-correspond ...

Court: Andhra Pradesh

Reported in: 1997(6)ALT12

ORDERB. Sri Atchutananda Swamy, J.1. Heard the learned Counsel for the petitioner Sri M. Radha Krishna and the learned Counsel for the respondents Sri P. Suresh.2. The petitioner who is the son of a deceased employee of the 1st respondent institution is running from pillar to post for nearly 12 years for appointment on compassionate grounds in consonance with the policy of the Government.3. The brief facts that are necessary for adjudicating the dispute are that the 1st respondent management is running a High School as well as Intermediate Course in the same compound and the petitioner's father died on 3-11-1985 while he was working as a Principal/Headmaster of the School. On 4-12-1985 the petitioner being the eldest son of the deceased employee submitted an application to all the respondents seeking appointment on compassionate grounds as per the policy of the Government. While the Regional Joint Director has taken 3 years time to recommend his case for appointment, the District Colle...

Tirumala Tirupathi Devasthanam Co-operation Society Ltd. Vs. State of ...

Court: Andhra Pradesh

Reported in: 1997(5)ALD302; 1997(3)AnWR76

Syed Shah Mohammed Quadri, J.1. The petitioner is a dealer under the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the Act'). It carries on business in foodgrains, dalls, dry fruits, etc. For the assessment year 1977-78 he was assessed on turnover of Rs. 89,48,918.87. Part of the turnover related to sale of almonds. The petitioner claimed that the turnover related to second sales of dry fruits and therefore it was entitled to exemption. That was not accepted by the departmental authorities as well as by the Sales Tax Appellate Tribunal. Following its earlier order the Tribunal dismissed the appeal in so far as it relates to the abovesaid disputed turnover on October 12, 1988. That order gave rise to the present revision. 2. The learned Special Government Pleader for Taxes relying upon the judgment of the Calcutta High Court in M. P. Agarwalla & Co. v. Director of Entry Tax, West Bengal [1978] 41 STC 258, contends that almond is not a dry fruit, that it is a seed-nut, that it f...

Susarla Nagabhushana Rao and ors. Vs. Hindustan Shipyard Limited, Rep. ...

Court: Andhra Pradesh

Reported in: 1997(4)ALT681

ORDERT.N.C. Rangarajan, J.1. These writ petitions seek a direction to the respondents not to deduct notice pay out of the amount payable to the petitioners under the Voluntary Retirement Scheme on their retirement under the terms of the scheme. There was a voluntary retirement scheme given by the respondent-company which contained the following clauses:'4. Benefits under the scheme:(A) An employee whose request for voluntary retirement is accepted will be entitled to the following benefits:(i) xxx xxx xxx(ii) xxx xxx xxx(iii) xxx xxx xxx(iv) One month's notice pay for staff and workmen and 3 months' notice pay for officers as per the respective service conditions.'The petitioners submitted applications under the scheme which were accepted by the management and the benefits were paid as in the scheme including the notice pay. Subsequently, when some arrears were to be paid, in view of certain audit objections, respondent deducted the notice pay on the ground that it had taken more than ...