Andhra Pradesh Court July 1997 Judgments

Kilambi Vijayalakshmi and anr. Vs. M.V. Seetha Devi (Died) Per Lrs. an ...

Court: Andhra Pradesh

Reported in: 1997(5)ALT165

ORDERD.H. Nasir, J.1. The petitioners before this Court are the plaintiffs respectively in O.S. No. 181 of 1990 and the respondents 1 to 5 are the defendants in the said suit. The petitioners' case is that a suit for partition and separate possession of the plaint schedule property was filed by the petitioners. The 1st respondent filed R.C.C.No. 33/87 against the 4th respondent. Another suit was filed for eviction from a portion of the plaint schedule property. The petitioner No. 1 filed I.A.No. 901/91 in the above suit for stay of the trial of R.C.C.No. 33/87 which was disposed of on the basis of the 4th respondent's evidence in R.C.A. No. 9/1991. The Principal Subordinate Judge, Tenali (for short 'the trial Court') dismissed I.A.No. 901/91 on 20-12-95 on the ground that R.C.C.No. 33/87 was disposed of on a statement made by the Advocate of the 4th respondent that the High Court was seized of the matter in R.C.A. No. 9/91. Further, according to the petitioners, I.A.No. 901/91 related ...

Sri Nagaratnamma Textiles Ltd., Rep. by Its Managing Director Sri R.A. ...

Court: Andhra Pradesh

Reported in: 1997(5)ALT777

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.2. In these cases interpretation of G.O.Ms.No. 117, Industries & Commerce (IFR) Department, dated March 17,1993 falls for consideration of this Court.3. 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.Ms.No...

Himalaya Cold Storages and Others Vs. P. Lakshminarayan

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complainant in C.D.C. 489/94 District Forum, Chittoor was filed by one P. Lakshminarayana against M/s. Himalaya Cold Storage represented by its Managing Partner and opposite parties 2 to 5 being the other partners, claiming a sum of Rs. 3,03,686/- with interest at 12% p.a. from 7.6.1994 on account of total loss of potatoes of 73,000 kgs. stores in the cold storage of the first opposite party. 2. According to the complainant, he kept the potatoes weighing 73,000 kgs. in the first opposite party-cold storage from 29.3.1994 to 24.4.1994 and paid the necessary rent, for which the first opposite party issued a receipt. The complainant went on tour from 25.5.1994 to 6.6.1994 and after return from tour he came to know that all the potatoes kept in the cold storage of the first opposite party are spoiled. On verification, the complainant found that his potatoes are all spoiled, the second opposite party promised to pay the value of the potatoes at the ra...

K. Mallaiah Vs. Bhel Mig Employees Co-operative Housing Society Ltd. a ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complaint CD 287/91 was filed by K. Mallaiah who was an employee in Bharat Heavy Electricals Limited, Ramachandrapuram hereinafter called B.H.E.L. against B.H.E.L. M.I.G. Employees Co-operative Housing Society Ltd., and M/s. B.G. Shirke and Co, Pune seeking a direction to the opposite parties to re-construct the house by raising the level of the house 450 mm. from the road or in the alternative to pay Rs. 1,50,000/- being the present market value of the house, to pay compensation of Rs. 25,000/- towards inconvenience and mental agony and costs. 2. According to the allegations in the complaint, the complainant was a member of the first opposite party Society and the Society after securing the land and necesary approvals of lay out, plan etc., entered into an agreement on 5.10.1987 with the second opposite party to construct 2470 houses of two categories i.e. pre- fabricated houses and conventional houses. The complainant opted to pro-fabricated ho...

Union of India and Another Vs. D. Venkaiah and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complainant in C.D. 198/95 District Forum, Ranga , Reddy on 25.4.1995 sent a demand draft purchased from S.B.I. Murudu for Rs. 50,000/- in favour of his brother's son Brahmaiah of P and T Colony, Dilsukhnagar for purchasing some cloth at Hyderabad and to send the cloth to him. As he did not receive the cloth or any communication from Brahmaiah, a complaint was given on 12.6.1995 to the Superintendent of Post Offices, Osmanabad and Post Master, Murudu and sent a telegram to the Post Master, Dilsukhnagar Post Office, on 3.7.1995, for which a reply was received from Superintendent of Post Offices, Osmanabad regretting for the loss of registered letter. Thereafter, the complainant submitted representations to the Commissioner of Police and Post Master General etc., and learnt that the registered letter reached the post office, P and T Colony, Dilsukhnagar, Hyderabad and that opposite party No. 3 who is a contingent postman attached to the second oppo...

Commissioner of Income-tax Vs. Raasi Cement Ltd.

Court: Andhra Pradesh

Reported in: [1999]239ITR596(AP)

Syed Shah Mohammed Quadri, J.1. This application is filed under section 256(2) of the Income-tax Act, 1961. The Revenue seeks a direction to the Income-tax Appellate Tribunal to refer the following question to this court for opinion, which is said to have arisen from the order of the Tribunal dated July 10, 1990, in R.A. No. 14/Hyd. of 1986 : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in law in holding that the amounts of Rs. 360, Rs. 79,100, Rs. 18,909 and Rs. 1,506 and Rs. 17,301 earned by the assessee constitute capital receipts in the assessee's hands and cannot be bought to tax under the head 'Other sources' for the assessment year 1981-82 ?' 2. The amounts referred to in the question represent interest on borrowed capital. The Tribunal took the view that those amounts are capital receipts and cannot be added to the interest. 3. This question is covered by a judgment of the Division Bench of this court in CIT v. Nagarj...

Branch Manager, Distt. Co-operative Central Bank, Tallarevu Vs. Cheruk ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. According to the complainants, they gave their original documents of Title Deeds to the opposite parties on security for grant of loan. It is not in dispute that the complainants discharged the entire loan amount and nothing is due and outstanding from the complainants. But according to the complainants, even though they approached the opposite parties for return of the title deeds, the opposite parties did not return the title deeds. The complaint is, therefore, filed to direct the opposite parties to return the original documents pledged with them and to pay Rs. 16,000/- towards monetary loss, Rs. 5,000/-towards. 2. The 1st opposite party admitted the discharge of the loan, but stated that the Title Deeds are not traced in the Society and the petitioners (complainants) can take the original documents from the 2nd opposite party i.e District Co-operative Central Bank. Hence, the 1st opposite party is not liable to return the documents or to pay any ...

T. Syam Sunder Vs. General Court Martial and ors.

Court: Andhra Pradesh

Reported in: 1997(4)ALD637; 1997(2)ALD(Cri)401; 1998CriLJ1454

T. Ranga Rao, J.1. This writ petition has been filed by the petitioner praying to issue order or direction more particularly one in the nature of certiorari quashing the order of the third respondent vide Order No. 6(3)/96/D(AG) dt. 1-2-1996 and to set aside the conviction and sentence of imprisonment for life imposed upon by the first respondent. 2. The petitioner was enrolled in the Indian Army in the Corps of Electrical and Mechanical Engineering Battalion on 10-3-1983 and was serving at Pathankot at the time of the incident. He was detailed as Guard Commander along with Cfn. Rambilas (hereinafter called as deceased) and Cfn. A. K. Rai (P.W. 12) as guards with Second Lieutanent T. K. Thapper (P.W. 14) and Sipoy Driver S. K. Rai (P.W. 11) for collecting salary of the Unit Personnel from the State Bank of India, Nalwa Bridge, Pathankot on 31-7-1989. The petitioner and two guards were armed with 7.62 mm S.L.R. and the petitioner being Guard Commander was issued ten live rounds of 7.62 ...

State of Andhra Pradesh Vs. T. Radhaiah

Court: Andhra Pradesh

Reported in: [1998]110STC39(AP)

Syed Shah Mohammed Quadri, J. 1. Against the order of the Sales Tax Appellate Tribunal in T.A. No. 120 of 1982 dated April 11, 1986, the State is in revision before us. The case relates to the assessment year 1978-79. During that period, the respondents took on lease forest coupes, which were in the possession of Indian Space Research Organisation (for short 'the SHAR'), Nellore district. The value of the firewood which was taken by the respondent, was quantified at Rs. 1,69,999.99. The said amount was treated as turnover for imposing tax under section 6-A(2)(c) of the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the Act'). Dissatisfied by the order of the Commercial Tax Officer, the respondent went in appeal before the Deputy Commissioner (Appeals), who by order dated November 25, 1981 dismissed the appeal. That order was assailed by the respondent before the Sales Tax Appellate Tribunal in the aforementioned T.A. which was allowed on April 11, 1986. 2. The learned Special ...

N. Santhoshi Vs. Station House Officer and ors.

Court: Andhra Pradesh

Reported in: 1997(2)ALD(Cri)1; 1997(5)ALT681; II(1998)DMC135

M.N. Rao, J.1. The case is taken up in the Chambers at 1.40 p.m. in the presence of the learned Govt. Pleader for Home, the learned Asstt. Govt. Pleader representing the learned Advocate General and the learned Counsel for the petitioner.2. The petitioner Smt. Santhoshi and her husband Lakshminarayana are present. The petitioner says that she is a major aged 19 years and that she married Lakshminarayana on 17.6.1997 at Dharmasthali. She apprehends danger from her parents to her husband because of the police complaint lodged by her father which was registered as Crime No. 93/97 and she is fearing that her husband would be arrested and harassed and that she too would be forciby taken away by her parents. Prima facie we are satisfied that the petitioner by her appearance is a major.3. We, therefore, direct that in the event of Lakshminarayana petitioner's husband being arrested in connection with Cr. No. 93/97 or any other crime concerned allegation of his eloping with the petitioner, he ...