Andhra Pradesh Court March 1998 Judgments
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B. Papa Rao and anr. Vs. Andhra Pradesh Road Transport Corporation and ...
Court: Andhra Pradesh
Decided on: Mar-18-1998
Reported in: 1998(2)ALD745; 1998(3)ALT204
ORDERA. Hanumanthu, J 1. The petitioners who are licencees of the respondent-Corporalion to run soda and pan business at Guntur Bus Station have filed this Writ Petition challenging the tender notification dated 18-1-1998 calling for tenders from the eligible public to run one more soda and pan stall business in the same Bus Station. This writ petition has come up before this Bench on account of the reference order dated 28-1-1998 passed by our learned brother S.R. Nayak, J. as he could not agree with the ratio decidendi of another single Judge relating to the same point in the order in W-P.No.6631 of 1997 dated 4-4-1997.2. The facts in brief, are as hereunder :The two petitioners herein are the licencees of the two shops allotted to them by the management of the 1st respondent, the A.P.S.R.T.C. at Gunlur Bus Stand. The 1st petitioner Papa Rao has been granted licence on 30-07-1992 for running Pan Shop business on payment of licence fee of sum or Rs.19,080/- per month for initial perio...
Gantasala Eswara Rao Vs. Gundimi Somasckhar and anr.
Court: Andhra Pradesh
Decided on: Mar-18-1998
Reported in: 1998(3)ALD92; 1998(2)ALT827
ORDERP. Ramakrishnam Raju, J :1. This revision petition is posted before the Division Bench pursuant to an order of the learned single Judge who noticed apparent conflict between two decisions of learned single Judges reported in D. Hanumayya v. G. Radhakrishna Murthy, 1989 (2) ALT 100; and D. Anthoney v. M. Raja Lakshmi, 1982 (1) An.WR 412, followed by G Savitramma v. T. Sarojini, 1988 (1) APLJ 461. Accordingly, observing that, 'in the said circumstances, I deem this a fit case to be posted before a Division Bench of this Court for an authoritative decision as to whether this Court has the power to review its own orders arising under Section 21 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, directed the office to place the papers before the Hon'ble the Chief Justice for orders, for posting the matter before a Division Bench.2. Tenant is the petitioner whose revision petition was dismissed at the stage of admission on the ground that the respondent-landlord require...
Minerals and Metals Trading Corp. of India Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Mar-18-1998
Reported in: 1998(3)ALD97; 1999(106)ELT23(AP)
ORDERS.V. Maruthi, J. 1. These five T.R.Cs are disposed of by a common judgment as the question of law involved is one and the same.2. The petitioners in all these cases is M/s. M.M.T.C. (India) Ltd., Visakhapatnam which is a Government of India undertaking. For the sake of convenience, we are referring to the facts in T.R.C.No.43 of 1991 as the facts are exactly similar in the other connected cases also T.R.C.No.43of 1991 the assessment year is 1984-85. T.R.C.No. 92 of 1995 the assessment year is 1983-84. T.R-C.No. 112 of 1995 the assessment year is 1982-83. T.R,C.No. 40 of 1995 the assessment year 1987-88. T.R.C.No. 12 of 1995 the assessment year is 1983-84.3. For the assessment year 1984-85 the assessee claimed exemption on a turnover of Rs. 16,09, 11,777.30 and Rs.17,29,74,326.42 as the sales in the course of import of sulphur and rock phosphate falls under the 2nd limb of Section 5(2) of the CST Act (herein after referred to as the Act). The plea of the petitioner is that it has i...
Chandra Mouli Reddy Vs. Member Secretary, Apseb, Vidyut Soudha, Hyd. a ...
Court: Andhra Pradesh
Decided on: Mar-18-1998
Reported in: 1998(2)ALD815; 1998(2)ALT484
ORDER1. Rule nisi, Mr. R Ramanujam, learned Standing Counsel for APSE Board, took notice for the respondents. The facts and the question of law which do arise for consideration and resolution are the same in both these writ petitions. Hence, they were clubbed and heard finally with the consent of the learned Counsel for the parties.2. Admittedly the petitioners in both the writ petitions entered the services of the respondent-Board on contract basis subsequent on 23-9-1996. it is also an admitted position that the Government of Andhra Pradesh, which is an appropriate Government under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 (for short 'the Act') issued notification under Section 10 of the Act abolishing contract labour in the APSE Board as regards the 33 categories of employment. It is also an admitted position that ali the petitioners herein are engaged on contract basis in the aforementioned prohibited 33 categories of employment.3. In these writ pet...
Som Distilleries and Breweries Ltd. Vs. Govt. of A.P. and Others
Court: Andhra Pradesh
Decided on: Mar-17-1998
Reported in: 1998(2)ALD766; 1998(2)ALT348
1. The petitioner has a contract for the year 1997-98 with respondent No. 3 with regard to supply of Indian Made Foreign Liquor (IMFL). It appears that respondent No.2 issued a letter on 4th July, 1997 to respondent No.3. By this letter he forwarded a list of dealers of liquor to respondent No.3 who according to him had smuggled Non duty paid liquor into the State of Andhra Pradesh. He also requested the respondent No.3 to keep the dealers figuring in the list in a black list. One of the persons inthe list was 'M/s. Som Distilleries Ltd., M.R'. The Petitioner submits that M/s. Som Distilleries Ltd., is a different company than the petitioner-company which is M/s. Som Distillers and Breweries Limited and it is this company which had entered into agreement with respondent No.3. But, once the letter dated 4-7-97 was issued by respondent No. 2 and sent to respondent No.3, the respondent No.3 stopped purchasing liquor from the petitioner. Therefore, he filed a Writ petition in this Court be...
Souther Agencies Vs. Andhra Pradesh Employees State Insurance Corporat ...
Court: Andhra Pradesh
Decided on: Mar-17-1998
Reported in: 1998(3)ALD15; 1998(2)ALT731
ORDERUmesh Chandra Banerjee, C.J. 1.The Employees' State Insurance Act, 1948 being one of the most comprehensive legislations in the field of social security to safeguard the interest of the working section of the people of the country has, however, its origin as early as 1927 at the Tenth Session of the International Labour Conference of the International Labour Organisation, This beneficial piece of legislation, however, owes its effectiveness to the various amendments effected from time to time so as to meet the requirements and necessities of changing structure of the society and to subserve the basic intent of the legislature, namely, conferment of benefit on to a section of the people of the country, who cannot be ascribed to be affluent in nature. The need was felt, as noticed above, as early as 1927 and since then the legislature thought it fit to assist the society, so that people in general will have the benefit of a beneficial piece of legislation.2. Ours is a country, which...
M.S. Khan Vs. Karri Appa Rao
Court: Andhra Pradesh
Decided on: Mar-17-1998
Reported in: 1998(3)ALD83; 1998(3)ALT16
1. Heard both the Counsel.2. This revision is filed on the execution side. Judgment-Debtor is the petitioner herein. The learned Counsel for the petitioner submits that the lower Court has illegally committed the petitioner to civil imprisonment after arrest in execution of decree.3. It is stated that the petitioner was arrested on execution of the warrant and brought to the Court on 13-7-1995 when execution petition was filed under Order 21, Rule 37 C.P,C. to order arrest of the petitioner-Judgment-Debtor after issuing notice under Rule 37 C.P.C. to realise the E.P. amount. It is stated that the E.P. amount to be realised from the Judgment-Debtor is Rs. 42849.25 ps.4. The petitioner on being brought under arrest warrant to the Court, filed a memo beforethe executing Court stating to the effect that as Judgment-Debtor he has no means to pay the amount and his debts exceed his assets and that he will file an application to declare him as insolvent. As such, he may be released for enabli...
Cummins Diesel Sales and Service (India) Ltd., Pune Vs. Hindustan Ship ...
Court: Andhra Pradesh
Decided on: Mar-17-1998
Reported in: 1998(3)ALD300; 1998(3)ALT37
ORDERP. Ramakrishnam Raju, J. 1. C.M.A.No. 1202 of 1993 is directed against the order in O.P.NO. 62 of 1984; while C.R.P.NO. 3258 of 1993 is directed against the judgment and decree in O.S.No. 23 of 1984.2. As parties are the same in both the C.M.A. and C.R.P. we propose to dispose of them by way of this common order.3. The appellant is a registered Company engaged in the business of sales and service of Cummins Diesel Engines manufactured by Kirloskar Cummins Limited, Pune. It entered into a contract with the respondent-Company on 8-3-1977 for supply of diesel generating sets. The said contractwas later superseded by another contract dated 14-4-1989 between the appellant, respondent and Scindia Steam Navigation Company Limited. Although there was an arbitration clause in the original contract, there is no such clause in the substituted contract, After certain supplies were made by the appellant, disputes arose between the parties and the respondent made claims against the appellant fo...
Kamalesh Kumar Tewari Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-17-1998
Reported in: 1998(3)ALD582; 1998(1)ALT(Cri)527
ORDERMotilal B. Naik, J. 1. These two appeals are filed by sole accused in S.C. No.268 of 1996. who has been found guilty of committing an offence under Section 302 of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for life.2. Criminal Appeal No.272/1997 is preferred through Advocate Sri C.Praveen Kumar, whereas Criminal Appeal No.534 of 1997 is preferred by the accused himself through jail. Though on record there are two appeals, but for all practical purposes, we take it that the accused has preferred only one appeal questioning the decision of the trial Court and we decide these appeals as one in the following manner by a common Judgment.3. The accused was charged alleging that on 15-5-1995 around 3 PM at Pavan Talkies, Nizamabad town, he committed murder of Thota Maruthi, intentionally and knowingly, causing his death by inflicting injuries on the chest and thus committed an offence punishable under Section 302 of the Indian Penal Code.4. The prosecuti...
T. Appala Narasimha Raju Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Mar-17-1998
Reported in: 1998(3)ALD528; 1998(3)ALT271; 1999CriLJ4869
ORDERN.Y. Hanumanthappa, J.1. The petitioner herein seeks a writ of Habeas Corpus to declare the detention of one Tirumalaraju Appala Krishnam Raju, S/o Narasimharaju, resident of Lova, Ranashalam Mandal, Srikakulam district as illegal and void.2. The said Appalla Krishnam Raju was detained by the Collector and District Magistrate, Srikakulam in RC No.247/98/B4, dated 18-2-1998 under Section 3(1) and (2) read with Section 2(a) and (b) of A.P. Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (Act 1 of 1986), hereinafter referred to as 'Act 1 of 1986, on several grounds. The petitioner attacked the detention order on several grounds, the main among them are that (1) before passing the order of detention, the authority did not supply to the detenu the relevant material relied upon; (2) the grounds urged suffer from staleness as there is no proximity; (3) if the detenu has committed the offence if an...
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