Andhra Pradesh Court August 1998 Judgments
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ibiza Industries Ltd. and anr Vs. Union of India and ors.
Court: Andhra Pradesh
Decided on: Aug-21-1998
Reported in: 1998(5)ALD565; 1998(5)ALT259
ORDERUmesh Chandra Banerjee, C.J. 1. This writ petition under Article 226 of the Constitution of India has to be rejected solely on the ground of total suppression of material facts. The petitioner herein imported certain machines on Actual User's Licence under the Export Promotion Capital Goods Scheme (for short 'EPCG'), in particular, paragraph 38 of the Export Import (EXIM) Policy 1992-97. Though the petitioner was granted EPCG licence under para 38 of the EXIM Policy 1992-97, under the licence, there was existing an export obligation in respect of Polyster Woolen and Polyster Viscose Fabrics worth US $ 14,347,353 to be exported within 5 years from the date of issue of the licence. The export proceeds are required to be in freely convertible currency and in terms of condition No.5 of the import licence, prior to clearance of the first consignment, the Company was required to execute a legal undertaking and a bank guarantee for the full duty saved amount. The contextual facts depict ...
K. Venkata Rao and ors. Vs. Sunkara Venkata Rao
Court: Andhra Pradesh
Decided on: Aug-21-1998
Reported in: 1998(6)ALD278; 1998(6)ALT40
1. This second appeal under Section 100 of the Civil Procedure Code is directed against the Judgment and decree dated 13-10-1988 passed in AS No.25 of 1984 on the file of the Subordinate Judge, Peddapuram, confirming the judgment and decree dated 13-7-1984 passed in OS No.130 of 1982 on the file of the District Munsif, Prathipadu in East Godavari District.2. The appellants herein are thedefendants and the respondent herein is the plaintiff in the said suit OS No.130 of 1982. The respondent-plaintiff filed the said suit for granting permanent injunction restraining the appellants-defendants from interfering with his possession and enjoyment of the suit property. His case is that the defendants who are interrelated and belonged to one family are the owners of the suit property consisting of Ac.6.35 cents of dry land in survey number 10 and patta number 247 of Vommangi village, that they agreed to sell the same to the plaintiff at the rate of Rs. 1,700/- per acre and executed an agreement...
Apsrtc, Hyderabad and Others Vs. S. Rajasekharam
Court: Andhra Pradesh
Decided on: Aug-21-1998
Reported in: 1998(6)ALD722; 1998(6)ALT419
ORDERP. Venkatarama Reddi, J1. These writ appeals arise out of a common judgment in WP No. 17470 of 1997 and four other writ petitions dated 19-11-1997. In all the writ petitions, the prayer is to quash the communication sent by the Regional Manager, Vizianagaram, Andhra Pradesh State Road Transport Corporation (hereinafter referred to as 'Corporation') on 19-7-1997 informing the writ petitioners that they failed to produce the vehicles within the agreed time and the Corporation's offer for hiring the petitioners' vehicles was cancelled and the applications submitted by the petitioners must be treated to have been closed. In Writ Petition No. 18158 of 1997 out of which Writ Appeal No. 1395 of 1997 arose, a further prayer was made to direct the respondents to consider the tender of the petitioner so as to enable him to hire his bus bearing No.AP 35/T 2442 in accordance with the tender notification.2. The said writ petitions were allowed by the learned single Judge quashing the impugned ...
Secretary to Government of India, Ministry of Defence and anr. Vs. Ind ...
Court: Andhra Pradesh
Decided on: Aug-21-1998
Reported in: 1998(5)ALT32
ORDERS.R. Nayak, J.1. This first appeal is by the defendants directed against the judgment and decree dated 29-11-1993 passed in O.S. No. 276 of 1988 on the file of III Addl. Judge, City Civil Court, Hyderabad at Secunderabad, decreeing the suit filed by the respondents - plaintiffs. The respondents are the plaintiffs. The parties are referred to in this judgment as they are arrayed in the suit. The plaintiffs filed the suit O.S. No. 276 of 1988 for decree declaring the plaintiffs to be the owners of the suit land bearing Sy. No. 234 admeasuring Ac. 2.33 gts. situated at Tokatta village, Bowenpally, Secunderabad Taluk, Hyderabad District (hereinafter shortly referred to as 'suit land') and for perpetual injunction restraining the defendants 1 and 2 from interfering with the possession of the plaintiffs.2. The material averments in the plaint be stated briefly as under:The 1st plaintiff is the widow and the 2nd plaintiff is the daughter of one Late B.V. Prakasa Reddy. B.V. Prakasa Reddy...
Duvvalu Iiaiah and ors. Vs. Duvvala Ramaiah and ors.
Court: Andhra Pradesh
Decided on: Aug-20-1998
Reported in: 1998(4)ALD383; 1997(6)ALT95
ORDERLingaraja Rath, J 1. Plaintiffs in the suit have preferred this appeal assailing the refusal of injunction in their favour to restrain respondents 1 to 4 from alienating the suit property. The suit has been brought for partition between the plaintiffs and the respondents 1 to 4. Respondents 5 to 7 are alienees. Father of the plaintiffs and the father of the respondents 1 to 4 were brothers. The suit is contested by the respondents contending the suit to be not maintainable as there has been previous partition in 1988 with allotment of specific parcels of land to each branch and parties to have been not only possessing such properties in accordance with previous partition but also each party to have been selling out each allotted portion independently. Mr. T. Subrahmanyam, learned Counsel for the appellants urges there to have been no previous partition and the properties to be joint coparcenary properties. It is the submission that the balance of convenience lies in protecting the...
Shri Ramakrishna Engineering Company Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-20-1998
Reported in: 1998(5)ALD671
ORDER1. Heard.This Writ Petition is filed for a Writ of Mandamus directing the respondents herein to strictly follow the tender conditions by placing the orders with the petitioner, since the lowest tender of the petitioner is accepted, and a further direction not to place orders with any one else, for the supply of the implements, for which tender was called for vide tender notification Rc.No.E/7 of 98, dated 3-1-1998.2. The learned Counsel for the petitioner strenuously contended that as per the tender notification called for, the petitioner was the second lowest tenderer regarding the supply of all the items required under the tender notification dated 3-1-1998. But respondents 1 to 3 could not have placed the orders with other tenders and, therefore, the action of the respondents in placing the orders with other tenderers, whose tender rates are higher than the petitioner, is illegal and violative of Article 14 of the Constitution of India.3. By filing counter affidavit on behalf o...
Vikas Jalan Vs. Nucon Industries Private Limited, Somajiguda, Hyderaba ...
Court: Andhra Pradesh
Decided on: Aug-20-1998
Reported in: 1998(5)ALD402; [2001]103CompCas343(AP)
ORDER1. This is an application filed under Section 433(c) of the Companies Act for winding up the respondent/Company on the ground of its inability to pay debt.2. It is a matter of record that on 14-10-1997, Vikas Trust through its trustee S.K. Jalan had filed this application alleging that the respondent/Company was indebted to the petitioner to the extent of Rs,6 lakhs as principal and Rs.2,80,000/- as interest calculated at the rate of 10 percent per annum as on 30-9-1987 totalling to Rs.8,80,000/-which amount the respondent/Company did not pay inspite of demand made through registered notice dated 20-9-1987 and statutory notice under Section 434 of the Indian Companies Act, (for short 'the Act') dated 17-11-1987. On 28-9-1988, on the application of Vikas Jalan in CA 171 of 1988 for deleting the name of Vikas Trust and substituting his name in the place of Vikas Trust as the petitioner on the ground that he was the sole beneficiary in the Trust and since he had attained majority on ...
Yamparala Venkateswarlu and Others Vs. Shaik Khatumbi and Another
Court: Andhra Pradesh
Decided on: Aug-20-1998
Reported in: 1998(6)ALD86; 1998(5)ALT602
1. This second appeal by the plaintiffs has been admitted on the substantial question of law that whether the bare suit for injunction without seeking declaration of title is maintainable and whether the Court fee paid on the plaint is correct.2. The facts leading for preferring this second appeal are as under:The appellants herein are the plaintiffs and the respondents herein are the defendants in the suit OS No.655 of 1981 on the file of the Principal District Munsif, Narasaraopet in Guntur District. They filed the suit for permanent injunction restraining the defendants and their men from interfering with their peaceful possession and enjoyment of the suit property consisting of Ac.4.36 cents in D No.382 situated in Rajapet village in Chilkaluripet taluq within specific boundaries. It is their case that the total extent of Ac.35.33 cents in D.No.382 originally belonged to Devisetti Subbaiah and his brother and in thepartition of the family the said Subbaiah got Ac.17.66 1/2 cents ou...
Commissioner of Income-tax Vs. Navbharat Enterprises (P.) Ltd.
Court: Andhra Pradesh
Decided on: Aug-20-1998
Reported in: [1999]238ITR754(AP)
S.V. Maruthi, J. 1. At the instance of the Revenue, the Tribunal referred the following two questions for the opinion of this court. '(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is right in law in holding that the assessee is entitled for deduction under Section 37 of the Income-tax Act, 1961, in respect of the sum of Rs. 91,000 being interest paid on agricultural loans (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is right in law in holding that the assessee is entitled for deduction under Section 35C also on the above interest paid to bank when it does not satisfy the other conditions laid down in Section 35C even though it is held to be an industrial company ?' 2. The facts in brief are as follows : The assessee is a private limited company engaged in the business of processing and export of tobacco. The assessee claimed the interest paid to the bank on medium and short-term ag...
Md. HussaIn Vs. A.P.S.R.T.C., Musheerabad, Hyderabad and Another
Court: Andhra Pradesh
Decided on: Aug-19-1998
Reported in: 1998(5)ALD370; 1998(5)ALT764
ORDER1. The petitioner is presently serving as Foreman (Mech.) in the Mechanical department (Service) of the Andhra Pradesh State Road Transport Corporation for short 'the Corporation'. The writ petition is directed against the Order No.Ea/402(1)/ 92-PD dated 19-8-1997 rejecting the claim of the petitioner for promotion to the post of Assistant Engineer (Mechanical)/Depot Manager.2. The petitioner was promoted to the post of Assistant Foreman (Mech.) initially on temporary basis under Regulation 30 of the Andhra Pradesh State Road Transport Corporation Employees (Recruitment)Regulations, 1966 for short 'the Regulations', with effect from 20-8-1981. Subsequently he was promoted as Assistant Foreman (Mech.) on regular basis with effect from 10-12-1985. Further, the petitioner was promoted to the post of Foreman (Mech,) with effect from 15-2-1991. On an earlier occasion, the petitioner airing his grievance against the ranks assigned to him in the seniority lists of Assistant Foreman (Mech...
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