Andhra Pradesh Court September 1997 Judgments
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Sri Kanakadurga Paddy and Processing I.C.S. Ltd. Vs. Commissioner (C.T ...
Court: Andhra Pradesh
Decided on: Sep-22-1997
Reported in: [1998]110STC173(AP)
Syed Shah Mohammed Quadri, J.1. These two special appeals are directed against the order of the Commissioner of Commercial Taxes, passed in exercise of revisional jurisdiction under section 20(1) of the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the APGST Act'). 2. The appellant in these two appeals is common but the periods for which assessments are made, are different. Special Appeal No. 28 of 1994 relates to the period from April, 1992 to October, 1992 and Special Appeal No. 29 of 1994 relates to the period from November, 1992 to January, 1993. 3. The Government of Andhra Pradesh, by orders issued in G.O. Ms. No. 2566, Revenue (S), dated June 11, 1980, in exercise of the power under section 9 of the APGST Act, exempted processing of cereals and pulses from the tax payable under the APGST Act on the purchases and the sales of the goods made by the categories of industrial units, financed by the Andhra Pradesh Khadi and Village Industries Board and the Khadi and Village I...
Kanakadurga Paddy and Processing I.C.S. Ltd., Madepalli Vs. Commission ...
Court: Andhra Pradesh
Decided on: Sep-22-1997
Reported in: 1998(4)ALD403; 1997(6)ALT82
ORDERSyed Shah Mohammed Quadri, J. 1. These two Special Appeals are directed against the order of the Commissioner of Commercial Taxes, passed in exercise of revisional jurisdiction under Section 20(1) of the Andhra Pradesh General Sales Tax Act, 1957. for short 'the APGST Act'.2. The appellant in these two appeals is common but the periods for which assessments are made, are different. Special Appeal No. 28 of 1994 relates to the period from April 1992 to October 1992 and Special Appeal No.29 of 1994 relates to the period from November 1992 to January 1993.3. The Government of Andhra Pradesh, by orders issued in G.O. Ms. No. 2566, Revenue(s), dated June 11, 1980, in exercise of the power under Section 9 of the APGST Act, exempted processing of cereals and pulsesfrom the tax payable under the APGST Act on the purchases and the sales of the goods made by the categories of industrial units, financed by the Andhra Pradesh Khadi and Village Industries Commission. The question which arises ...
T. Ramesh Babu Vs. Union Bank of India and anr.
Court: Andhra Pradesh
Decided on: Sep-20-1997
Reported in: 1998(4)ALD451; 1998(2)ALT618
ORDER1. This writ petition seeks direction to the respondents to grant pension in terms of the Pension Scheme as well as to pay the gratuity and arrears of wages due to the petitioner.2. The petitioner states that he joined the service of the respondent-Bank in the year 1970 and initially worked in Hyderabad. While in the year 1994, he was working at Bombay, at that point of time, due to certain personal reasons he went on leave. During the period of leave he had written a letter on 9th November, 1993 seeking voluntary retirement and also stated in that letter that he wished to opt for the pension under the Pension Scheme which was being introduced. While some correspondence was going on, he wrote a letter on 8-2-1994, from Secunderabad, where he was living, stating that he was not being paid salary during his leave of absence and he decided to go in for private employment and therefore he was tendering his resignation which should be accepted and he should be released at the earliest ...
Marshall Corporation Ltd. Vs. Union of India Represented by the Engine ...
Court: Andhra Pradesh
Decided on: Sep-19-1997
Reported in: 1997(5)ALT421; 1998(2)ARBLR175(AP)
R. Bayapu Reddy, J.1. These four applications are filed by the same applicant under the provisions of Section 11(5) of the Arbitration and Conciliation Act, 1996 (for short, 'the New Arbitration Act'), seeking appointment of an independent arbitrator by the Hon'ble Chief Justice of High Court of A.P. for deciding the disputes that have arisen between him and the respondents relating to the execution of different contracts entered into between them. 2. The petitioner in all the petitions is M/s. Marshal Corporation Ltd., Visakhapatnam, represented by its Director, while the respondents represent the Union of India the first respondent being the Engineer-in-Chief, Army Head Quarters, New Delhi and the second respondent being the Chief Engineer (Navy), Visakhapatnam. The petitioner is having its registered office at Calcutta and Branch Office at Visakhapatnam. It was awarded the contract work of providing accommodation for married sailers at Visakhapatnam by the respondents under Contract...
S. Sudhakara Gupta Vs. Apsrtc, Mushirabad, Hyd. and ors.
Court: Andhra Pradesh
Decided on: Sep-19-1997
Reported in: 1998(3)ALD116; 1997(5)ALT751
ORDERJ. Chelameswar, J 1. These writ appeals arise from out of a common judgment of the learned single Judge of this Court dated 15-4-1997 in Writ Petition Nos.6008, 6016, 6029, 6159, 6261, 6373, 6388, 6425, 6436, 6604, 6611 and 4010 of 1997. The said writ petitioners questioned the notice issued to them by the A.P.S.R.T.C., the respondent herein seeking to terminate their respective 'licences' to run canteens, shops, stalls, cycle stands etc., in various bus stations and bus complexes of the respondent-Corporation,2. The A.P.S.R.T.C., is a statutory Corporation formed under Road Transport Corporation Act an enactment made by the Parliament. Under the scheme of the said enactment, A.P.S.R.T.C. is a body corporate with perpetual succession capable of holding and disposing of property.3. In order to provide transport facilities for the public, the A.P.S.R.T.C., runs a fleet of large number of buses all over the State-The respondent herein constructed a large number of bus stations all ov...
Khader Sheriff Vs. State of A.P. Rep. by Its Block Development Officer ...
Court: Andhra Pradesh
Decided on: Sep-19-1997
Reported in: 1997(6)ALT733
J. Chelameswar, J.1. The present L.P.A., arises out of a judgment of the learned Single Judge in A.S.No.2506 of 1987 dated 10-12-1993. The said first appeal was heard and disposed of along with another first appeal A.S.No.2572 of 1987 by common order. Both the appeals arose out of the judgment in O.S.No.10 of 1979 on the file of the Subordinate Judge's Court, Machilipatnam wherein both the appellants in the above mentioned appeals were the defendants 3 and 1 respectively.2. O.S.No.10 of 1979 was originally filed on 18-1-1979 against the present appellant herein and two others(defendants) by the State of Andhra Pradesh represented by the Block Development Officer, Bander Panchayat Samithi, at Machilipatnam for a decree in favour of the plaintiffs for the recovery of an amount of Rs. 76,617.17 ps., and other reliefs on the ground that the defendants misappropriated the amounts belonging to the Bandar Panchayat Samithi.3. On 24-8-1979, I.A.No.1102 of 1979 purporting to be one under Order ...
Jsn Chowdhury Vs. Government of A.P.
Court: Andhra Pradesh
Decided on: Sep-19-1997
Reported in: 1998(4)ALD473
ORDER1. The action of the Government of Andhra Pradesh and Tirumala Tirupathi Devasthanams (T.T.D.) according sanction to release Rs.25 crores for the scheme of supply of water from Kailasagiri Reservoir to Tirupathi Town; Rs. 12 crores for the scheme of under-ground drainage in Tirupathi Town and Rs.12.10 crores for the development and maintenance of 10 roads in and around Tirupathi Town from the funds of T.T.D. is under challenge in this writ petition by way of public interest litigation mainly on the ground that the funds of Hindu Religious Institutions like T.T.D. cannot be diverted for secular purposes.2. Sri S. Ramachandra Rao, learned senior Advocate appearing for the petitioner,Sri J.S.N. Chowdary, a resident of Guntur, in his usual emphatic style maintains that there is constitutional bar on the Government as well as T.T.D. to expend the funds of T.T.D. for the aforesaid purposes, which according to him, are essentially secular in character. To buttress his submission, he plac...
V. Sreenivasa Reddy Vs. Commissioner of Excise, Government of A.P. Hyd ...
Court: Andhra Pradesh
Decided on: Sep-18-1997
Reported in: 1998(1)ALD16; 1997(6)ALT696
ORDERY. Bhaskar Rao, J 1. This batch of writ petitions is filed questioning the order passed by the Commissioner of Excise, Government of Andhra Pradesh, Hyderabad to the extent they direct the licensees-petitioners to pay the compounding fees and the value of the stocks seized and sales tax for the purpose of release of stocks. The impugned orders were passed on the applications made by the petitioners under Section 47A of the A.P. Excise Act, 1968, for short 'the Act', for compounding the offences registered against them. Since the question of law involved in all the writ petitions being one and the same, they arc being disposed of by this common order. 2. We will take up the facts of Writ Petition No.4671 of 1992 for the purpose of deciding the issue. 3. In that case, F.L.24 licence was granted to the petitioner to conduct business in excisable articles and he has been doing so in the name and style of M/s. AmrutaWines. The Excise authorities have inspected the shop of the petitione...
V.S. Mukthar and anr. Vs. Principal Secretary to Govt., Municipal Admi ...
Court: Andhra Pradesh
Decided on: Sep-18-1997
Reported in: 1998(1)ALD153; 1998(1)ALT467
1.The petitioners herein arc the Municipal Councillors of Proddatur Municipality in Cuddapah District. They are aggrieved by the order passed by the first respondent herein in Memo No.1947/Ele-I/ 97-T M.A. dated 3-9-1997. The first respondent through the impugned Memo passed an order suspending the meeting convened and proposed to be held at 11-00 am on 4-9-1997 to consider motion of no-confidence against the Vice-Chairman on the said Municipality.2. The facts leading to filing of this writ petition by the petitioners may briefly be summarised.The Factual Matrix:Elections to various Municipalities in the State of Andhra Pradesh were held in March,1995. Elections were held on the party basis and the political parties have set-up their candidates. The total strength of Proddutur Municipality is 39 including three Ex-Officio members. It is stated in the affidavit that out of 36 Ward members, 15 Ward members belong to 'Congress party and 13 of them belong to Telugu Desham Party and 8 indep...
Gurram Venkatanarayana and ors. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Sep-18-1997
Reported in: 1998(1)ALD584; 1998(1)ALD(Cri)50; 1997(5)ALT744
1. Initially Accused No.1 to 6 were prosecuted for different charges in the Court of the Sessions Judge, Prakasam District in Sessions Case No.282 of 1994. The first charge against Accused Nos. t to 6 was punishable under Section 148 1.P.C. The second charge against At to A4 was punishable under Section 302 I.P.C. and the third charge against A5 and A6 was punishable under Section 302 r/w 149 1.P.C. On evidence the learned Sessions Judge found that no offence was disclosed against A5 and A6 and they were acquitted of all the charges; Whereas A3 died during the course of trial and therefore the case against him was abated. Accused Nos. 1, 2 and 4 were found guilty of an offence punishable under Section 304 Part-I I.P.C. and therefore Al was convicted and sentenced to suffer R.I. for five years and to pay a fine of Rs.1000/-in default to suffer R.l. for six months. A2 and A4 were convicted and sentenced to suffer R.I. for seven years and to pay a fine of Rs.1000/- each in default to suff...
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