Andhra Pradesh Court August 1998 Judgments
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Md.iqbal Ahmed and ors. Vs. High Court of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Aug-31-1998
Reported in: 1998(5)ALD590; 1998(5)ALT385
ORDERP. Venkatarama Reddi, J. 1. Thepetitioner are said to be practising Advocates, who appeared for the written test and viva voce held pursuant to the recruitment notification issued by the High Court in October, 1996. According to the petitioner, they qualified themselves in the selection. In fact, some of the petitioners alleged that their names were included in the original list of selected candidates sent up by the High Court to the Government. But later on, their names were deleted on the application of the principle of carry forward of vacancies reserved forwomen and left unfilled. In Writ Petition No. 18307 of 1998 filed by five petitioners, the prayer is to direct the respondents to appoint the petitioners as District Munsifs in response to the Notification dated 23-10-1996 adjudging their candidature in accordance with their merit and not to keep the posts vacant, but to fill them in accordance with law. Writ Petition No.21451 of 1998 is filed by four petitioners who seek a ...
Zaheer BIn Saleh Vs. Mohan and Mohan Financers and ors.
Court: Andhra Pradesh
Decided on: Aug-31-1998
Reported in: 1998(5)ALT398; 1998(2)ARBLR544(AP)
ORDER1. This revision is filed by the first defendant in O.S. No. 419/92 on the file of the Vth Additional Judge, City Civil Court, Hyderabad questioning the decree and judgment dated 31-8-1995 by which the suit was decreed thereby making the award of the arbitrator dated 17-3-1992 a rule of the Court.2. The first respondent herein is the plaintiff in O.S.No. 419/92 and he filed the said suit against the present revision petitioner, who was the first defendant and also against the defendants 2 to 4 who are the respondents 2 to 4 herein and against the fifth defendant who is the arbitrator and who is shown as fifth respondent in this revision petition. The contention of the plaintiff, which is a finance company is that the first defendant obtained a loan of Rs.90.000/- by hypothecating a lorry on 23-11-1990 in its favour and the defendants 2 to 4 stood as guarantors for the said loan that the defendants executed a hire purchase agreement in favour of the plaintiff, that there is an arbi...
Kishandas Vs. Commissioner of Wealth-tax
Court: Andhra Pradesh
Decided on: Aug-31-1998
Reported in: [2000]243ITR307(AP)
Ms. S.V. Maruthi, J. 1. The Tribunal referred the following question for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the share of the deceased coparcener, viz., Damodardas Agarwal, in the family properties cannot be excluded from the family's net wealth for the purpose of wealth-tax for the assessment years 1981-82 and 1982-83 ?'2. The assessee, a Hindu undivided family consisting of the karta, his wife and their two sons, was assessed to wealth-tax. One of the two major sons, viz., Damodardas Agarwal, died on November 8, 1980. For the assessment years 1981-82 and 1982-83, the assessee family filed wealth-tax returns as on March 31, 1981 and March 31, 1982, claiming deduction of the 1/4th share of the deceased in the family properties which was due to the share of Smt. Urmila Agarwal, the widow of the deceased and his children in the computation of the net wealth of the family. The Wealth-tax Of...
Pfimex Pharmaceuticals Ltd. Vs. Gujarat Industrial Investment Corporat ...
Court: Andhra Pradesh
Decided on: Aug-31-1998
Reported in: 1998(6)ALD52; 1998(3)AnWR426
ORDER1. The petitioner-Company has its registered office at Hyderabad. It has a pharmaceuticals manufacturing unit at Sarigam in Gujarat State. For the purpose of establishing the said manufacturing unit, the petitioner obtained a loan to the tune of Rs.149.00 lakhs from the first respondent. Initially, Tor some time, the petitioner alleges, that he paid the instalments due on the above said loan amount to the first respondent regularly and admittedly from 1995, the payments became irregular. It appears that on 26-10-1997, the first respondent took possession of the properties belonging to the petitioner in exercise of the powers under Section 29 of the State Financial Corporations Act, 1951. Subsequently, after some negotiations between the petitioner and the first respondent, on 2-11-1997 the property was handed over to the petitioner-Company.2. The case of the first respondent is that the petitioner had not honoured the commitments made in his letter dated 4-11-1997 which letter was...
Bhagyanagar Khadi Samithi, Hyderabad Vs. S.B. Chitnis (Died) and Other ...
Court: Andhra Pradesh
Decided on: Aug-28-1998
Reported in: 1998(5)ALD339; 1998(5)ALT199
1. CCCA No.77 of 1997 is the first appeal filed by the defendant under Section 96 CPC and it is directed against the judgment and decree dated 21-2-1997 passed in the suit OS No. 1227 of 1986 on the file of the 6th Additional Judge, City Civil Court, at Hyderabad, decreeing the suit. Cross Objection in No. CCCA No.77 of 1997 filed by theplaintiffs directs against the same judgment and decree as regards the rejections of the claim of the plaintiffs for a sum of Rs.5,000/-towards the compensatory mesne profits for the month of September, 1986 and the future compensatory mesne profits at the rate of Rs.5,000/- per-month. The parties are referred to in this judgment as they arc arrayed in the suit. Originally the deceased - plaintiff No. 1 viz., S.B. Chitnis filed the suit for evicting the defendant from the suit schedule property i.e., pacca built double storied buildings with mulgics bearing Municipal No.4-4-266 along with the portion of godown in underground consisting of two halls and ...
Tropical Agro Systems India Ltd. Vs. Commissioner and Director of Agri ...
Court: Andhra Pradesh
Decided on: Aug-28-1998
Reported in: 1998(5)ALD492; 1998(6)ALT208
ORDER1.This writ petition has been filed on behalf of the petitioner Company challenging the proceedings No.PP.II(5) 189/ 98, dated 27th June, 1998 by which the petitioner Company has been ordered to withdraw its entire stocks in the State of Andhra Pradesh as the renewal of the Principal Certificate has been refused.2. Counter has been filed and I have heard the learned Counsel for the parties indetail and with their consent this petition is finally disposed of by this order.3. The controversy is very short as to whether a Principal Certificate issued by a Manufacturer to its dealers can be refused to be renewed after dealership licences were issued to the dealers. There are certain provisions in the Insecticides Act, 1968 and the Rules framed thereunder which require the examination by this Court in the context of the controversies raised in this petition.4. In terms of Section 9 of the Insecticides Act, 1968 (hereinafter referred as 'the Act') it is incumbent that, any person desiri...
Land Acquisition Officer, Saifabad Vs. Madhukar Rambhav Bhaskarwar and ...
Court: Andhra Pradesh
Decided on: Aug-28-1998
Reported in: 1998(6)ALD89; 1998(5)ALT468
ORDERP. Ramakrishnam Raju, J 1. Appeal Suit No.2413 of 1993 is filed by the Land Acquisition Officer; while Appeal Suit No.935 of 1994 is filed by the claimants.2. The Land Acquisition Officer, Asifabad, issued a draft notification under Section 4(1) of the Land Acquisition Act, hereinafter called 'the Act', on 13-1-1975 and a draft declaration under Section 6 of the Act on 9-12-1976 to acquire Ac.9-06 guntas of land situated in Survey Nos.75, 76, 83, 84 and 85 within the Municipal limits of Kagaznagar, but he failed to pass the award about a decade. Thereupon, the claimants filed Writ Petition No.3290 of 1986 beforethis Court for a direction to the Land Acquisition Officer to quash the earlier proceeding and to issue acquisition proceedings afresh. The High Court accordingly directed the Land Acquisition Officer to pass the award, but nothing happened. Thereafter, claimants moved contempt proceedings in the High Court against the Land Acquisition Officer in C.C.No.156 of 1988, wherein...
Sri Dona Thimmaraya Swamy Temple, Vittalampalli Village, Ananthapur Di ...
Court: Andhra Pradesh
Decided on: Aug-28-1998
Reported in: 1998(6)ALD429; 1998(6)ALT60
ORDER1. On an objection taken by the Office how a revision petition under Section 115 CPC is maintainable while claiming relief under Section 141 of the Andhra Pradesh Hindu Charitable and Religious Institutions Act, the matter is posted before the Court.2. Having heard the learned Counsel for the petitioner, the Court framed the issue to be decided as follows:'In a suit filed by a Temple for recovery of rents whether an ad valorem Court fee on the plaint has to be paid or a fixed Court fee of Rs.100/- has to be paid as per Schedule 3 read with Section 141 of the Act?'3. The facts leading to the filing of this case are that the petitioner-Temple filed a suit against the respondent herein for recovery of a sum of Rs.61,375/- being the amount towards the arrears of rent payable on the petition schedule lands taken on lease by him and costs of the suit and instead of paying ad valorem Court fee as contemplated under Section 20 of the Andhra Pradesh Court Fees and Suits Valuation Act 1956,...
Mohd. Jamal and Other Vs. Mohd. SharfuddIn and Others
Court: Andhra Pradesh
Decided on: Aug-27-1998
Reported in: 1998(5)ALD223; 1998(5)ALT655
ORDER1. This first appeal is by the plaintiffs directed against the judgment and decree dated 22-3-1987 passed in OS No.11 of 1981 on the file of the Court of the Additional District Judge, Medak at Sangareddy. The original defendants in the suit are arrayed as respondents in the appeal. During the pendency of the appeal the plaintiff No.6 died. The appellants 1 to 5 who are the legal representatives of the deceased plaintiff No.6 and who are already on record are recorded as legal representatives of the deceased plaintiff No.6 vide Court order dated22-11-1988 onamemo filed by the appellant's Counsel. The respondent No. 1-defendant No. 1 died during the pendency of the appeal and his legal representative were brought on record as respondents 4 to 8 vide Court order dated23-2-1995 passed in CMP No.2101 of 1992. The respondent No.2 - the defendant No.2 also died during pendency of the appeal and his legal representatives were brought on record vide Court order dated 5-8-1998 passed in CM...
Bhagya Lakshmi Cooperative Housing Society Ltd. Vs. Sub-registrar, Bow ...
Court: Andhra Pradesh
Decided on: Aug-27-1998
Reported in: 1998(5)ALD423; 1998(5)ALT225
ORDER1. Co-operativc Housing Society is the petitioner. It entered into an agreement dated 24-12-1980 with one T.P. Ratnaiah who is the original owner, to purchase anextent of 12,376 sq. yards of land in Survey No.28/3 of Trimulglieny village, Secunderabad Cantonment which is declared as the excess land under Urban Land (Ceiling and Regulation) Act, 1976. Both the petitioner and the vendor, made an application under Section 20(1)(a) of the said Act, and the Government of India, Ministry of Defence which is the appropriate authority granted exemption by its proceedings No. ULC/DLC/ SBD/ Sy.No. 28/3/84/601/3625/D (lands)/91 dated 30-12-1995, subject to the following conditions :'(1) Area of the land sold should not. if equally divided among the members of Society, exceed 200 Sq. mis. (2) The consideration for the sale should not exceed the amount that the owners would be entitled to receive as price of such land under para 4(2) of Schedule I. A. of the Act.' 2. In pursuance of the said e...
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