Andhra Pradesh Court March 1998 Judgments
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Ch. Jagannatha Reddy Vs. Chairman Visakhapatnam Port Trust, Vishkhapat ...
Court: Andhra Pradesh
Decided on: Mar-25-1998
Reported in: 1998(3)ALD60; 1998(3)ALT536
ORDERN.Y. Hanumanthappa, J.1. Aletter was addressed to this Court by one Ch. Jagannadha Reddy making certain allegations against the Union of India, Management of Visakhapatnam Port Trust and Tinna Oils and Chemicals Ltd., New Delhi. The same was taken up as W.P.No. 14043/97 as a public interest litigation. Notices were ordered to the respondents.2. Subsequently the said Jagannadha Reddy filed W.P.No.18110/97 against the above three respondents and four others namely M/S. Toepfer International Asia Pvt., Ltd., (4th respondent), M/s. Alfared C Toepfer. (India) Pvt., Ltd. (5th respondent), the Central Bureau of Investigation (6th respondent) and the Station House Officer, Harbour Police Station, Port Area, Visakhapatnam (7th respondent). The relief sought in this writ petition is to direct the 6th respondent to probe into (1) the entire issue starting from appointment of the Managing Director of Tinna Oils (3rd respondent) as the members of the Board of Trustees, (2) declare the action o...
G. Raja Rao and Others Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Mar-25-1998
Reported in: 1998(3)ALD220a; 1998(4)ALT76
ORDER1. Both the writ petitions are being disposed of by a common order. The point involved in both the writ petitions is the same. In fact the petitioner in W.P.No. 11903 of 1988 is one of the petitioners in W.P.No. 6440 of 1998.2. The facts in W.P.No. 6440 of 1998 are stated for purposes of understanding the nature of the point involved. Petitioners were recruited as Assistants in the Life Insurance Corporation of India (hereinafter referred to as the 'L.I.C') on various dates between 1961 to 1967. Promotional post for such assistants is Higher Grade Assistants (H.G.As). A selection list for promotion to the category of H.G.A. was released by the 4th respondent on 29-9-1982 and the names of die petitioners were shown at Sl. Nos. 1, 3, 4, 9, 13, 14 and 17. This ranking was based on aggregate marks secured by each of the candidates in the list, considering factors like seniority, qualifications, appraisal of Confidential Reports and interview. From the post of H.G.A. the next promotion...
V. Subbarmma and Others Vs. Koniki Chengama Naidu and Others
Court: Andhra Pradesh
Decided on: Mar-25-1998
Reported in: 1998(3)ALD630; 1998(3)ALT497
ORDER1. The judgment-debtors in EP No.334 of 1990 have filed this revision petition challenging the order in EA No.246 of 1994 on the file of First Additional District Munsif, Tirupati, dated 10-4-1996 on the ground that though the EP schedule property has been sold in execution of the decree, the sale was confirmed and the sale certificate was issued and full satisfaction of the decree was recorded, the lower Court erroneously held that the decree-holder was entitled to recover the E.P. amount.2. The facts and circumstances leading to this revision petition in brief are :The respondent - decree-holder No.1 obtained a decree on 7-9-1989 against late V. Srinivasulu Naidu, husband of revision petitioner No. 1 and father of other revision petitioners and subsequently, he filed EP No.334 of 1990 for recovery of the amount. An extent of Ac. 0.05 cents in S.No.142/6 belonging to him was brought to sale for a sum of Rs.9,000/- and the same was knocked down in favour of the respondent - decree...
State of A.P. Vs. Colorama Printers (Pvt.) Ltd., Begumpet, Hyd.
Court: Andhra Pradesh
Decided on: Mar-24-1998
Reported in: 1998(3)ALD220
ORDERT.N.C. Rangarajan, J.1. This Tax Revision is directed against the order of the Sales Tax Appellate Tribunal holding that the material used by the assessee for processing work undertaken on behalf of the customer could not be taxed. The assessee is engaged in the business of printing magazines. The printing work is done on paper supplied by the customer. In order to carry out this printing work the assessee has purchased film, chemicals and zink plates from outside the State. The Commercial Tax Officer was of the view that the ink was transferred to the customer and so brought the value of the ink to tax since it has not suffered tax earlier in the State. The Deputy Commissioner, Commercial Taxes was of the view that the same principle applies to the other three items, namely, film, chemicals and plates and accordingly revised the assessment to bringthem also to tax. On appeal the Sales Tax Appellate Tribunal held that there is no transfer of property in those three items and accor...
Apsrtc, Musheerabad, Hyd. and anr. Vs. Reddi and Company, Nizamabad
Court: Andhra Pradesh
Decided on: Mar-24-1998
Reported in: 1998(3)ALD437; 1998(3)ALT458
ORDERP. Venkatarama Reddi, J.1. This appeal under Section 39 of Arbitration Act arises out of the Judgment of the I Additional Judge, City Civil Court in O.P. No. 150 of 1993. The O.P. was filed under Section 8 of the Arbitration Act to appoint a sole arbitrator to adjudicate the disputes between the parties. That petition was allowed and an arbitrator proposed by the respondent-contractor was appointed as sole arbitrator. Challenging the same, the present CMA is filed by the A.P. State Road Transport Corporation (hereinafter referred to as 'the Corporation'), who is the respondent in the O.P.2. The undisputed facts are that the petitioner was awarded a contract for the construction of a garage with adjacent room at the Bus Depot. Banswada and in this connection, Agreement No.10/CCE-II of 1988-89 was entered into between the appellant-corporation and the respondent-contractor. The value of the contract is Rs.8.07 lakhs. The Contractor inter alia claimed payment at extra rates on accoun...
Ushodaya Enterprises Ltd. Vs. Commissioner of Commercial Taxes, A.P., ...
Court: Andhra Pradesh
Decided on: Mar-24-1998
Reported in: 1998(3)ALD478; 1998(3)ALT96
ORDERP. Venkatarama Reddi, J 1. The conflicting decisions of the Supreme Court on the point at issue has given rise to this Full Bench reference. The primary question that has to be resolved by this Full Bench is whether the old and discarded newspapers sold from time to time by the appellant, who is a newspaper publisher, attract tax under the A.P. General Sales Tax Act (hereinafter referred to as the''Act'). Newspapers as such are not liable to be taxed under the Act in view of the exclusionary provision contained in Entry 54of List II of the VII schedule. The controversy, however, is whether the old and accumulated newspapers which, when sold, are not utilised for reading purpose, but used for packing and other purposes could still be regarded as 'newspapers' within the meaning of Entry 54 of List II. As against the direct authority of the Supreme Court in the case of Indian Express (P) Ltd. v. State of Tamilnadu, 67 STC 474 to the effect that old newspapers cannot be treated as 'Ne...
Kamala Ginning and Oil Mill, Adilabad and ors. Vs. State of A.P. and a ...
Court: Andhra Pradesh
Decided on: Mar-24-1998
Reported in: 1998(3)ALD361; 1998(3)ALT712
ORDERS.V. Maruthl, J 1. These batch of writ petitions are disposed of by a common judgment as the issue involved is common to all these writ petitions.2. The facts in brief are as follows:For the sake of convenience the facts mentioned in Writ Petition No.4528 of 1996 are referred to in this judgment. The petitioners are Small Scale Industrial Units (hereinafter referred to as 'SSI Units') producing cotton seed oil having their units in Adilabad District. The Government of Andhra Pradesh issued G.O.Ms.No.498 Industries and Commerce (IA) Department dated 16-10-89 introducing a liberalised incentive scheme based on the recommendations made by an Expert Committee headed by Dr. Ram K. Vepa, I.A.S. (Retd.). The objective of the scheme is to achieve all round development of the State. This scheme covers the whole State except the Municipal Corporation areas of Hyderabad, Vijayawada and Visakhapatnam and was in force from 3-10-1989 to 2-10-1992. By virtue of the scheme, an incentive of five y...
Agricultural Market Committee, Anantapur Vs. Commissioner, Anantapur M ...
Court: Andhra Pradesh
Decided on: Mar-24-1998
Reported in: 1998(3)ALD239; 1998(4)ALT100
ORDER1. The petitioner herein is the Agricultural Market Committee, Anantapur. It is aggrieved by the notice issued by the respondent-Municipality in Roc.No. 5922/97-A1 dated 6-2-1998 proposing to conduct open auction in respect of collection of fees in the daily vegetable market and shandy day and Friday in old town and daily vegetable market located in old bus-stand and right to collect fee on slaughter houses, apart from right to collect fee from the eighteen stalls situated in Mutton Market.2. It is stated in the affidavit filed in support of the writ petition that the Anantapur Agricultural Market Committee, Anantapur was constituted in the year 1968 under G.O.Ms.No. 2095 Food and Agriculture Department dated29-10-1968. The total extent of the market area is stated to be Ac. 20-30 cents. It is asserted that the petitioner Market Committee is empowered to regulate the Fruit and Vegetable Market within the notified area of Anantapur Market Committee, Anantapur, wherein all the facil...
Public Prosecutor, High Court, Hyderabad Vs. Purushottam Reddy
Court: Andhra Pradesh
Decided on: Mar-23-1998
Reported in: 1999(2)ALD588; 1999(2)ALT127
ORDER1. The appeal is sought to be filed by the State represented by the Public Prosecutor questioning the orders of acquittal passed by the IV Additional Metropolitan Sessions Judge, Hyderabad in SC No.69 of 1995 on 28-6-1996, and Crl. MP No.5163 of 1997 is filed for condoning the delay of 337 days involved in presenting the said appeal.2. The respondent herein was the accused in SC 69 of 1995 on the file of the IV Metropolitan Sessions Judge, Hyderabad and after the trial of the case was over, the accused was acquitted by the Judgment dated 28-6-1996. Subsequently the State has chosen to file the present Appeal on 17-9-1997 against the orders of acquittal. As there was delay of 337 days involved in filing the appeal, the State has filed Crl. MP 5163 of 1997 for condoning such delay. The petition for condoning the delay is supported by an affidavit given by the Detective Sub-Inspector of Police, Begumpet Police Station, Secunderabad. The reasons urged in the affidavit for such delay a...
Jawaharlal Nehru Technological University, Hyderabad and anr. Vs. Dr. ...
Court: Andhra Pradesh
Decided on: Mar-23-1998
Reported in: 1998(4)ALD294; 1998(4)ALT136
ORDERUmesh Chandra Banerjee, C.J.1. The most accepted methodology of the working of a Government or Governmental agency is fairness. In the event of there being any lack of fairness, there ought not to be any hesitations on the part of the law Courts to deprecate the same. The law Courts exist for the society and in the event, redressal is sought for, and in the event, the law Court feels it expedient that the grievance may otherwise have some justification, it would be a plain exercise of judicial function to rise upto the occasion and administer the justice in accordance with law. The contextual facts depict that the writ petitioner has been working with Jawaharal Nehru Technological University as Senior Professor for about last thirty years. He is otherwise a highly qualified person and obviously maintained a good name and reputation at the University and there is as a matter of fact no grievance of inefficiency existing against the writ petitioner. The factual matrix of the situati...
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