Andhra Pradesh Court July 1997 Judgments
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Super Constructions Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Jul-09-1997
Reported in: 1998(3)ALD223
ORDER1. This writ petition seeks a direction to the respondents to pay the amount due to the petitioner on the basis of the quoted rate without any reduction. The undisputed facts are that with reference to the work of constructing a central verge on the inner ring road at Tamaka, the petitioner had quoted a rate of Rs. 135/- per cubic metre whereas the estimated cost even according to the Department was Rs.1,133/- per cubic metre. Finding the quotation to be very low, an undertaking was required from the petitioner that the work will be completed without any default and such an undertaking was given. Subsequently, a fresh undertaking was required from the petitioner by the Superintending Engineer by his letter dated 1-2-1992 asking the petitioner to state that if the quantity is reduced, the difference between the estimated value of the contract value for the reduced quantity will also be deducted from the bills. The petitioner wrote on 1-2-1992 that this was an unfair undertaking but...
Eswara Kumars Traders, Rep. by Its Managing Partner, Sri. A. Venkatasw ...
Court: Andhra Pradesh
Decided on: Jul-09-1997
Reported in: 1997(6)ALT416
R. Bayapu Reddy, J.1. This revision is filed questioning the orders of the I Addl.District Munsif, Chittoor dated 24-40-1994 in O.E.P.No.185/90 in O.S.No.1313/87 by which the said execution petition was dismissed holding that the Judgment-Debtor is entitled to the benefits of Act 45/1987 as he is a small farmer.2. The petitioner herein is the plaintiff in the above said suit and the said suit was decreed for the suit amount. He later on filed O.E.P.No.185/90 for realising the decretal amount from the respondent-Judgment Debtor by seeking his arrest and detention in Civil Prison. The respondent contested the said petition mainly contending that he is a small farmer and therefore, entitled to the benefits of Act 45/1987 and that the decree debt shall, therefore, be deemed to have been discharged. The learned District Munsif agreed with the contention of the respondent and dismissed the execution petition. The Decree Holder has filed the present revision petition questioning such orders.3...
Naidu R.R. Vs. Chairman, Ongc, New Delhi and ors.
Court: Andhra Pradesh
Decided on: Jul-08-1997
Reported in: 1997(4)ALD447; 1997(4)ALT743
1. Brief facts alone need to be stated. They are : While petitioner was working in the Respondent Corporation, prosecution was launched by Central Bureau of Investigation (C.B.I.) against the petitioner and the petitioner was convicted under Section 120B, 409 IPC and Section 5(2) of the Prevention of Corruption Act by the learned special Judge at Gauhati. Based on his conviction, the petitioner was placed under suspension by the Respondent Organisation vide Office Order No. 5/7/74-Vig., dated May 3, 1982. Thereafter the petitioner was dismissed from service of the Respondent Corporation vide Office Order No. 5/7/74-Vig., dated June 16, 1983 under Reg. No. 41(A)/CDA Regulation. 2. The petitioner preferred an appeal against his conviction before the High Court of Gauhati at Assam. During the pendency of the said appeal, the petitioner preferred W.P. No. 5139 of 1993 before this High Court, which was disposed of by a learned single Judge of this Court by orders dated November 28, 1993. In...
Kallam Spinning Mills Ltd. and ors. Vs. Commercial Tax Officer, Lalape ...
Court: Andhra Pradesh
Decided on: Jul-08-1997
Reported in: [1998]108STC321(AP)
ORDERSyed Shah Mohammed Quadri, J.1. In these cases WP, MPs and MV MPs have come up for hearing. As the argument in the main writ petitions, WP MPs and MV MPs is one and the same, the learned counsel appearing for both the parties have requested that the main writ petitions may be disposed of. Accordingly they are heard together and are being disposed of by a common judgment. In these cases interpretation of G.O.Ms. No. 117, Industries and Commerce (IFR) Department, dated March 17, 1993 falls for consideration of this Court. 2. For appreciating the question involved in these writ petitions, we shall refer to the facts in Writ Petition No. 27493 of 1996. The petitioner is a medium scale industrial unit set up at Gudivada for the manufacture of cotton yarn which commenced its commercial production on April 7, 1995. It is also registered as a dealer with the first respondent. The Government of Andhra Pradesh issued orders to provide incentives for newly set up industries in the said G.O.M...
Kothari Products Limited Vs. Government of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jul-08-1997
Reported in: 1997(4)ALT395; 1998(98)ELT315(AP); [1997]107STC618(AP)
Syed Shah Mohammed Quadri, J.1. The Division Bench which dealt with this case, having regard to the contentions raised before it about the competence of the State Legislature to impose sales tax : (a) upon 'pan masala' and 'gutka'; and (b) at the rate exceeding 4 per cent, referred the case to a Full Bench. Accordingly the matter has come up before us. 2. The petitioner, a company registered under the Indian Companies Act, is engaged in the business of products, 'pan masala' and 'gutka' under the brand name 'pan parag'. The distinction between the two appears to be that when tobacco is added to 'pan masala' it is called 'gutka'. Till 1996 there was no impost on the said products in this State. By Andhra Pradesh Ordinance No. 19 of 1996, which later became Andhra Pradesh General Sales Tax (Amendment) Act, 1996 (Act No. 27 of 1996), entry No. 194 was inserted in the First Schedule to the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the APGST Act') and they were taxed at the poi...
Hotel Venus International Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jul-08-1997
Reported in: AIR1998AP78; 1997(4)ALT691
ORDERM.H.S. Ansari, J.1. The arguments in the Miscellaneous petition as well as the main Writ Petition being similar, Sri R. Subhash Reddy, learned counsel for the petitioner and Sri K. N. Jwala, learned Standing Counsel for the respondent board requested that the main writ petition itself be heard as counter affidavit on behalf of the Respondent Board has also been filed.2. The petitioner, a Hotel has filed the above writ petition seeking a direction for setting aside the proceedings dated 18-3-1997 of the Superintending Engineer -- Respondent No. 4 and for a further direction to the respondents to give rebate on electricity power consumption charges to the extent of 25% on the monthly bills for a period of three years to the petitioner as per G.O. Ms. No. 31, dated 13-4-1994.3. The petitioner -- Hotel is one which has been approved by the Department of Tourism under Janata category of Hotels and is situated at Khammam.4. By G. O. Ms. No. 31, dated 13-4-1994, the Government declared T...
Dr. J. Kanaka Durga Vs. Singareni Collieries Women's Degree College, r ...
Court: Andhra Pradesh
Decided on: Jul-08-1997
Reported in: 1997(4)ALT385
T.N.C. Rangarajan, J.1. This writ petition seeks a direction to the respondents to consider the case of the petitioner for the post of Principal treating her as 3rd in the seniority list of lecturers, in the S.C. Women's Degree College, Kothagudem. It is stated by the petitioner that the Singareni Collieries Company Limited was permitted by G.O.Ms. No. 814, Education, dated 5-7-1975 to start a Junior College and by G.O.Ms. No. 836 dated 11-7-1975 to start a Degree College for Women with effect from the academic year 1975-76. It is also stated that in spite of there being two separate permissions, the Company has been maintaining the Institution as a composite unit and selected lecturers by a common advertisement in July,, 1975. According to the petitioner, she was 2nd in the merit list of selected candidates for the post of lecturers and she has been teaching in the Degree College. But when the post of a Principal became vacant, she was not considered for the same on the ground that sh...
R.R. Naidu Vs. Chairman, O.N.G.C. and ors.
Court: Andhra Pradesh
Decided on: Jul-08-1997
Reported in: 1997(4)ALT743a
M.H.S. Ansari, J.1. Brief facts alone need to be stated. They are:While petitioner was working in the Respondent corporation, prosecution was launched by Central Bureau of Investigation (C.B.I.) against the petitioner and the petitioner was convicted Under Section 120B, 409 IPC and Section 5(2) of the Prevention of Corruption Act by the learned Special Judge at Gauhati. Based on his conviction, the petitioner was placed under suspension by the Respondent Organisation vide Office Order No. 5/7/74-Vig. dated 3-5-1982. Thereafter the petitioner was dismissed from service of the Respondent Corporation vide Office Order No. 5/7/74-Vig. dated 6-6-1983 under Reg. No. 41(A)/CDA Regulation.2. The petitioner preferred an appeal against his conviction before the High Court of Gauhati at Assam. During the pendency of the said appeal, the petitioner preferred W.P. No. 5139 of 1993 before this High Court, which was disposed of by a learned single Judge of this Court by orders dated 28-11-1993. In th...
P. Triveni Vs. Executive Committee, the Bar Council of State of A.P. a ...
Court: Andhra Pradesh
Decided on: Jul-08-1997
Reported in: 1997(4)ALT815
M.H.S. Ansari, J.1. Heard Sri K. Lakshmi Narasimha, learned Counsel for the petitioner and Sri G. Raghuram, learned Senior Counsel for Respondents 1 and 2 and Sri B. Nalini Kumar, learned Counsel for Respondent No. 3.2. Brief facts relevant for resolving the controversy in the above writ petition are that the petitioner was employed as a Clerk in the pay-scale of Rs. 475-760/- in the Office of the Bar Council. By her letter dated 5-10-1993 addressed to the Chairman - 2nd respondent, the petitioner submitted her resignation. A month later, an application dated 4-11-1993 was sent by the petitioner requesting that the petitioner may be permitted to retire voluntarily from service for the reasons stated in her letter dated 5-10-1993. In the said letter, it was also requested that proportionate pension under Rule 147-A of the Bar Council Rules may be provided. By order dated 8-12-1993, 2nd Respondent held that the petitioner has not put in more than 10 years of service as required under Rul...
S. Viswanatha Reddy Vs. N. Venkateswara Reddy and ors.
Court: Andhra Pradesh
Decided on: Jul-08-1997
Reported in: 1997(6)ALT57
Motilal B. Naik, J.1. Order dated 25-1-1996 passed in LA. No. 116 of 1995 in O.S. No. 92 of 1986 on the file of learned Subordinate Judge, Cuddapah is the subject matter of controversy in this revision.2. The petitioner is the defendant in the suit filed in O.S . No. 92 of 1986 by the respondents herein for recovery of certain money. The petitioner claims that he also filed written statement and the suit underwent a number of adjournments and finally on 23-3-1993 when the suit came up for trial, the petitioner defendant was not present, thereby petitioner defendant was set ex parte and decree was passed on the basis of the suit averments. While so, the petitioner-defendant realised that an ex parte decree has been passed on 23-3-1993 and he made efforts to get the ex parte decree set aside by filing an application under Order 9 Rule 13 of C.P.C. As there was delay an application LA. No. 116/95 was filed under Section 5 of Limitation Act seeking to condone the delay of 525 days in filin...
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