Andhra Pradesh Court June 1998 Judgments
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Nagarjuna Finance Ltd., Hyd. Vs. Kanosika Laboratories Ltd. and anr.
Court: Andhra Pradesh
Decided on: Jun-15-1998
Reported in: 1998(4)ALD229; 1998(4)ALT563; 1998(2)ALT(Cri)198; [1998]94CompCas127(AP)
ORDER1. These five Company Applications are being disposed of by a common order as all the applications are for the same purpose.2. Facts in C.A.No.59I of 1997 may be stated for purpose of understanding the nature of application.3. The petitioner-company is a Company registered under the Companies Act, 1956 (hereinafter referred to as 'the Companies Act'). In course of its business, Respondent No. 1-Company approached the petitioner and obtained a Diesel Generator on Hire Purchase Agreement on 28-2-1994. As per agreement the cheques issued by the respondent-Company towards various instalments, when presented by the petitioner-Company were returned dishonoured, because Respondent No.l-Company liad issued instructions to the Banker to stop payment. The petitioner-Company then instituted a criminal complaints against the Respondent No. 1-Company. The complaints were against the Company, as well its Managing Director under Section 138 of theNegotiable Instruments Act, 1881 (hereinafter ref...
J. Rameshwar Rao and Another Vs. Narsing Rao and Others
Court: Andhra Pradesh
Decided on: Jun-15-1998
Reported in: 1998(4)ALD626; 1998(4)ALT461
ORDER1. Heard both the Counsel.2. The petitioners are the plaintiffs and the respondents are the defendants in the suit.3. This revision arises against the order passes by the Subordinate Judge, Wanapartliy in I.A.No: 142/1994 in O.S.No: 34/1993, dated 16-2-1996 allowing the application filed by the respondents wherein it is contended by the respondents that the Subordinate Judge, Wanaparthy has no pecuniary jurisdiction totry the suit basing on the plea that Section 16(2} of Civil Court Act (Act 14/1993) was amended and the amended Act came into force from 3-9-1993 raising thejurisdiction of Subordinate Courts over Rs. 50,000/- and the suit being filed on 21-12-1993 after amendment of the Act, the Subordinate Judge has no pecuniary jurisdiction and the District Munsifs Court lias got pecuniary jurisdiction.4. The petitioners have filed the suit for perpetual injunction restraining me respondents and their representatives from interfering with peaceful possession and enjoyment in respe...
Sathi Jagannadha Reddy Vs. Kovvuri Rukmini and Others
Court: Andhra Pradesh
Decided on: Jun-15-1998
Reported in: 1998(5)ALD251; 1998(4)ALT158
ORDERMotilal B. Naik, J.1. This appeal arises out of judgment dated 16-7-1991 in OP No. 609 of 1987 on the file of the District Judge, East Godavari, Rajahmundry.2. The appellant, Sathi Jagannadha Reddy is the petitioner in OP No.609 of 1987. He filed the said OP seeking guardianship of the minor Sathi Sowmya @ Sravani, who is his daughter. Respondent No.1-Kovvuri Rubnini is the maternal grandmother of the minor and respondent No.2 Kowuri Abbai Reddy is her maternal uncle.3. The petition filed by the appellant herein, on being contested by the original respondent Nos. 1 and 2, was dismissed by the lower Court holding that it would not be in the interest of the minor to give her custody to the appellant, though he is the natural father of the minor, and therefore, he cannot be appointed as guardian to the person and property of the minor. Against the said order, the present appeal is filed.4. During the pendency of the appeal, both the original respondent Nos. 1 and 2 died, and in their...
Palcvala Suryanarayana Vs. Mosa Kamaraju
Court: Andhra Pradesh
Decided on: Jun-15-1998
Reported in: 1998(5)ALD166
ORDER1. This revision is filed by the plaintiff in SC No. 154 of 1992 on the file of the Court of the II Addl.District Munsiff, Kakinada questioning the decree and judgment dated 20-12-1993 by which the suit was dismissed.2. The revision petitioner who is the plaintiff had filed the said suit seeking recovery of the suit amount of Rs.3,900/- from the defendant contending that the defendant, whois the present respondent, executed the suit pro-note on 12-6-1991 and borrowed an amount of Rs.3,000/-from him agreeing to repay the same and that he subsequently failed to discharge the said debt. The defendant contested the suit contending that he never executed the pro-note in favour of the plaintiff and the pro-note is a forged one, that there is also a material alteration in the promote and that, therefore, the suit is not maintainable on the basis of such a pro-note.3. On the basis of the evidence adduced before it, the lower Court came to a clear conclusion that the suit pro-note is true,...
Musti Narsimlu and ors. Vs. C. Malla Reddy
Court: Andhra Pradesh
Decided on: Jun-15-1998
Reported in: 1999(3)ALT182
ORDERR. Bayapu Reddy, J.1. This revision is filed by the appellants in Appeal No. B7/30/1979 on the file of the Joint Collector, Mahabubnagar, order dated 28-8-1993 who confirmed the order of the Tahsildar, Kalwakurthy dated 9-3-1979 passed in File No. A.2/ 957/ 78 by which the petition filed by the respondent herein under Section 50-B of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short the 'Act') was allowed.2. The respondent herein had filed an application before the Tahsildar, Kalwakurty in File No. A2/957/1978 under Section 50-B of the Act seeking a certificate declaring that the purchase of 10 acres 4 1/2 guntas of land in Survey No. 246 made by him from one M. Ramaiah, who is respondent before the Tahsildar is valid. The said petition was contested by the respondent therein, M. Ramaiah contending that he did not sell any portion of the land in Survey No. 246 to the petitioner before the Tahsildar and the alleged document relied upon by the petitioner ...
Palevala Suryanarayana Vs. Mosa Kamaraju
Court: Andhra Pradesh
Decided on: Jun-15-1998
Reported in: 1998(5)ALT1
ORDERR. Bayapu Reddy, J.1. This revision is filed by the plaintiff in S.C.No. 154 of 1992 on the file of the Court of the II Addl. District Munsif, Kakinada questioning the decree and judgment dated 20-12-1993 by which the suit was dismissed.2. The revision petitioner who is the plaintiff had filed the said suit seeking recovery of the suit amount of Rs. 3,900/- from the defendant contending that the defendant, who is the present respondent, executed the suit pronote on 12-6-1991 and borrowed an amount of Rs. 3,000/- from him agreeing to repay the same and that he subsequently failed to discharge the said debt. The defendant contested the suit contending that he never executed the pro-note in favour of the plaintiff and the pronote is a forged one, that there is also a material alteration in the pronote and that, therefore, the suit is not maintainable on the basis of such a pronote.3. On the basis of the evidence adduced before it, the lower court came to a clear conclusion that the s...
G. Ashok and Others Vs. Regional Manager, A.P.S.R.T.C., Ongole and Ano ...
Court: Andhra Pradesh
Decided on: Jun-13-1998
Reported in: 1999(4)ALD84; 1999(4)ALT74
ORDER1. The petitioners 1 to 6 joined the services of the Andhra Pradesh State Road Transport Corporation (for short 'the A.P.S.R.T.C.') as Conductors with effect from 1-8-1986, 1-8-1985, 1-8-1987, 28-11-1984, 1-8-1987 and 15-6-1984 respectively. The petitioners, while working as Conductors, applied for the post of Junior Assistant by way of direct recruitment. After going through the selection procedure, the petitioners 1 to 6 were appointed to the post of Junior Assistant with effect from 22-7-1987,29-8-1988,15-12-1988,18-10-1987, 14-4-1988 and 16-2-1987 respectively. The petitioners while working as Conductors had acquired the Graduation qualification, and under the relevant Circulars issued by the Management of the A.P.S.R.T.C., they were granted three additional increments at the rate of Rs.15/-. After their appointment to the post of Junior Assistant, therespondent-Management while fixing their pay in the time scale attached to the post of Junior Assistant did not take into accou...
Jammala Ramulu and Others Vs. Jammala Rajaiah and Others
Court: Andhra Pradesh
Decided on: Jun-12-1998
Reported in: 1998(4)ALD221; 1998(4)ALT81
ORDER1. The respondents filed a suit being OS No.31/91 on the file of District Munsif, Medchal, Rangareddy District against the father of the present petitioner namely ateJ.Pentaiah, The suit was decreed on2nd March, 1995. When the suit was decreed the defendant i.e., late J, Pentaiah was alive and he filed an appeal being AS No.28 of 1995 before II Additional District Judge, Rangareddy District at Saroornagar. The appellant SriPenfaiah died on 1st March, 1997. The present petitioner became party to the appeal as legal heir of late Sri J. Pentaiah. He moved an application before the appellate Court in October, 1997 praying that an agreement executed between the parties to the suit dated 28th January, 1990 be received as additional evidence. The application has been rejected by the appellate Court. Hence this revision.2. The suit had been filed in the j^ar 1991, it was decreed on 2nd March, 1995 and an application for receiving the additional evidence was made only in October, 1997. In ...
K. Prakash Rao Vs. National thermal Power Corporation Ltd., Ramagundam
Court: Andhra Pradesh
Decided on: Jun-12-1998
Reported in: 1998(4)ALD462; 1998(4)ALT543
ORDERP. Ramakrishnam Raju, J 1. These Civil Miscellaneous Appeals and Civil Revision petitions arise out of a common judgment, whereunder, three suits viz., O.S.Nos.1181, 1183 and 1184 of 1998 and three original petitions viz., O.P.Nos.371, 372 and 374 of 1988 were disposed of by the lower Court.2. Three works covering three parts were awarded to the appellant-Contractor by the Respondent-Deputy Manager of National Thermal Power Corporation Limited, Ramgundam, hereinafter called 'NTPC' for brevity. The work under Part-I covering a length of 944 metres was awarded to the Contractor by the NTPC vide award No.09/ CS/NIT/48/3 LOA - 320/1105 dated 27-1-1981/29-1-1981. The cost of the work is Rs.9,97,137.37 ps and it was agreed to be completed within four months from the day of issue of the letter of award. Similarly, the work under Part-II covering a length of 688 metres was awarded to the Contractor under letter of award No.09/CS/NIT/48-5/4/ LOA-321-1106 dated 27-1-81/29-1-81 27-1-81/29-1-...
Kakumanu Sudershan Rao Vs. Chief Commissioner of Income-tax and Anothe ...
Court: Andhra Pradesh
Decided on: Jun-12-1998
Reported in: [1998]234ITR444(AP)
P. VENKATARAMA REDDI J,-The order of the Chief Commissioner of Income-tax, Andhra Pradesh, bearing No, CC/Tech/104(32) of 1996-97 dated January 27, 1998, is under challenge in this writ petition. The petitioner filed an application for waiver of interest levied under sections 234A, 234B and 234C of the Income-tax Act in respect of the assessment year 1992-93. After giving an opportunity of hearing to the petitioner, the Chief Commissioner passed the following cryptic order :'Interests charged under sections 234A, 234B and 234C for the assessment year 1992-93 are not waived as the guidelines issued by the Boiir(l m)(ler section 119(2)(a) are not applicable to the facts of the case.''Flir, 0,11ti-11 Board of Direct Taxes issued an order date(] NNv 25, 199G. In exe rcise or the powers conferred under section 11')(2)(~I) (11 the Income-tax Act, empowering the Chief Commissioner and DirectorGeneral of Income-tax to reduce or waive the interest charged ' under the aforesaid sections of the A...
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