Andhra Pradesh Court August 1998 Judgments
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Sardar Amarjeet Singh Vs. Nandu Bai and ors.
Court: Andhra Pradesh
Decided on: Aug-18-1998
Reported in: 1998(5)ALD697; 1998(5)ALT412
ORDERP. Venkatarama Reddi, J.1. The plaintiff in the suit -- O.S. No.514 of 1974, on the file of the First Additional Judge, City Civil Court, Hyderabad is the appellant herein. The suit was filed for specific performance of an agreement of sale (Ex.A1), dated 5-12-1971, executed by defendant Nos.l and2 in favour of the plaintiff. The agreement of sale relates to vacant land of an extent of 6240 sq. yards in S.No.157, etc., situated at Ameerpet, Hyderabad city. The sale price as per the agreement is Rs.70,280/-. Defendant Nos.3 to 7 are those who purchased the same property under an alleged prior agreement of sale i.e., Ex.B-8, dated 20-6-1968. The suit for specific performance was dismissed by the trial Court mainly on the ground that the vendee failed to establish that he was ready and willing to fulfil his part of the obligations under the agreement and his conduct in not taking any steps for considerable time disentitled him to the specific relief sought for in the suit.2. One appe...
A. Pramila and anr. Vs. G.V. Rathaiah
Court: Andhra Pradesh
Decided on: Aug-18-1998
Reported in: 1998(5)ALD689; 1998(5)ALT719
1. Heard Mr. Ramana Reddy, learned senior Counsel for the petitioners and Mr. J. V. Smyanarayana Rao, learned senior Counsel for the respondent.2. The admitted facts of this C.R.P. are as follows:The petitioners are the respondents-judgment-debtors. The suit O.S.No. 388/82 was filed on the file of the District and Sessions Judge, Ranga Reddy District for specific performance of open site measuring 1136 sq. yards equivalent to 943 sq.metrs. It is submitted that the petitioners are the transferees of the property from defendant No.1 and as such, they were added as defendants No.2 and 3 during the pendency of the suit. The trial Court decreed the suit on 28-11-1984. Aggrieved by the said judgment, the petitioners preferred appeal i.e., A.S.No.23 57/85 before this Court and the same was dismissed on 24-2-88. Again the petitioners preferred L.PA No. 132 of 1988 and the same was also dismissed on 13-11-1992. The petitioners carried the matter to the Supreme Court by S.L.P. No. 3957/93 and th...
B. Hari Babu Vs. District Judge, Kurnool and anr.
Court: Andhra Pradesh
Decided on: Aug-18-1998
Reported in: 1998(6)ALD8; 1998(6)ALT316
ORDERP. Venkatrama Reddy, J.1. The petitioners were applicants to the posts of attender in the unit of the District Judge,Kurnool. They applied pursuant to the notification issued in October, 1996 but they were not selected. It is the case of the petitioner in writ petition No. 188847/98 that he worked as a temporary attender between 16-3-1995 and 11-3-1996 continuously excepting for breaks of one day in the Court of the Special Judicial Magistrate of II Class (Railways), Nandyal. A service certificate issued by the Magistrate has been filed. The case of the petitioner in Writ Petition No. 18867/98 is that he worked as a temporary process server/ attender between 10-3-1995 and 11-3-1996 continuously excepting for breaks of one day in the Court of the Munsif Magistrate, Pattikonda. A service certificate issued by the Magistrate has been filed. The petitioners seek a direction to appoint them as attenders in future vacancies on a consideration of their past service. In other words, the p...
State of A.P. Vs. Amara Raja Batteries
Court: Andhra Pradesh
Decided on: Aug-18-1998
Reported in: [1998]111STC664(AP)
S.V. Maruthi, J.1. These three T.R.Cs. are disposed of by a common judgment as the issue involved is common to all the TRCs.2. The brief facts are as follows :Amara Raja Batteries Limited, Tirupathi, are the assessees on the rolls of the Commercial Tax Officer, Tirupathi, for the assessment years 1991-92, 1992-93 and 1993-94. For the assessment year 1993-94 the question that arose for consideration was whether NICD batteries and other batteries manufactured by the assessee are eligible for concessional rate of duty under G.O. Ms, No. 520, Revenue dated July 20, 1988 on the ground that they are components of electronic goods. The Tribunal held that they are eligible for concessional rate of duty under G.O. Ms. No. 520 dated July 20, 1988.Aggrieved by the same, the Revenue filed the present T.R.Cs.3. The main arguments of the learned counsel for the Revenue is that NICD and other batteries cannot be treated as electronic goods as they do not fall under the twelve items enumerated in the ...
Government of Andhra Pradesh Vs. K. Anantha Reddy and ors.
Court: Andhra Pradesh
Decided on: Aug-17-1998
Reported in: 1998(5)ALD285; 1998(4)ALT698; 1998CriLJ4279a
ORDERB. Subhashan Reddy, J.1. A piquant situation has arisen regarding continual of power of contempt in the Administrative Tribunal constituted under the Administrative Tribunals Act, 1985 in the aftermath of the judgment of the Supreme Court in L. Chandra Kumar v. Union of India, : [1997]228ITR725(SC) .2. By Section 46 of Constitution (42nd Amendment) Act, 1976, Part XIV-A was inserted in the Constitution consisting of Articles 323-A and B. While Article 323-A enables the Parliament to set up Administrative Tribunals to deal with service matters, Article 323-B provides power to the appropriate Legislatures for formation of Tribunals for other matters stated therein. We are here not concerned about Article 323-B.3. Article 323-A of Constitution reads: 323A. Administrative Tribunals :--(1) Parliament may, by law, provide for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect of recruitment and conditions of service of persons appointed to publ...
R. Krishan Kumar Vs. Convenor, Eamcet 1998 Jnt University, Hyderabad a ...
Court: Andhra Pradesh
Decided on: Aug-17-1998
Reported in: 1998(5)ALD332; 1998(5)ALT40
1. The announcement of the results for the Engineering, Agricultural and Medical Entrance Test (EAMCET for short) every year invariably leads to the filing of a number of writ petitions by the unsuccessful candidates or their parents alleging several irregularities in the conduct of the test, evaluation of the answer papers and ranking of the candidates etc. This batch of writ petitions relates to EAMCET-98 which was held on 14-5-1998 the results of which were announced on 31-5-1998. Though some of the writ petitions relate to the Engineering branch also, at the time of hearing arguments no serious effort was made by the learned Counsel for the petitioners to press those writ petitions and no arguments were put forward in their support- As such only the writ petitions relating to Agriculture and Medicine are required to be considered.2. After holding the test and before the announcement of the results, the respondents,departing from the normal practice, published the key answers on 21-...
Laxmi Starch Limited, Nacharam, Hyd. Vs. Commercial Tax Officer, Nacha ...
Court: Andhra Pradesh
Decided on: Aug-17-1998
Reported in: 1998(5)ALD539; 1998(5)ALT24; [1999]95CompCas322(AP)
ORDERMotilal B. Naik, J. 1. In this writ petition, the short question which arises for our consideration is whether the petitioner-Company is entitled to claim immunity under Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 ?2. Petitioner is a Public Limited Company, having its registered office at Kundara, Kerala State and having its factories at Kundara and Hyderabad. The petitioner-Company's factory at Hyderabad is engaged in manufacture of Starches, Liquid Glucose, Cattle Feed etc., from out of Maize. Due to financial problems, the petitioner-Company became a Sick Industrial Company in the year 1987. The case of the petitioner-Company was referred under Section 15 of the Sick Industrial Companies Act, to the Board of Industrial and Financial Reconstruction (for short 'the Board') in the year 1988 and a case was registered as Case No.232 of 1988 by the Board. The ICICI has been appointed as the Operating Agency. The Board has sanctioned the Rehabilitatio...
Managing Director, Apsrtc, Mushirabad, Hyderabad and Others Vs. M.B. P ...
Court: Andhra Pradesh
Decided on: Aug-17-1998
Reported in: 1998(6)ALD160; 1998(6)ALT398
ORDERUmesh Chandra Banerjee, CJ1. This writ appeal is directed against the order of the learned single Judge wherein the learned single Judge has been pleased to direct the respondent-authority to consider the case of the petitioner's son for any suitable post as and when he applied for the post to be filled in by notification or as per his qualifications in accordance with law.2. The contextual facts depict that the petitioner retired form service on medical grounds in the year 1991 and at the time of his retirement, there was a Circular prevalent being Circular No.PD. 124 of 1986 dated 7-11-1986, in terms of which sons of the employees were permitted to be absorbed on to the rolls of the Corporation. But subsequently, in 1995, such a circular was withdrawn.3. Be that as it may; the writ petitioner, on the basis of his retirement on medical grounds in 1991, filed the writ petition seeking employment to his son in 1997, after about a lapse of six years, though some representations said...
Commissioner of Income-tax Vs. Yamuna Digital Electronics (P.) Ltd.
Court: Andhra Pradesh
Decided on: Aug-17-1998
Reported in: [1999]238ITR717(AP)
S.V. Maruthi, J. 1. The following three questions were referred by the Tribunal at the instance of the Revenue for the opinion of this court :'(1) Whether, on the facts and in the circumstances of the case, theTribunal was right in holding that the transaction though described ashundi is really not a hundi transaction ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal, is correct in law in holding that the provisions of Section 69D cannot be applied in respect of transactions where the identity is established and the loan is genuine ?(3) Whether, on the facts and circumstances of the case despite the absence of any specific provision for the grant of any proportionate deduction under Section 35(1)(iv) read with Section 35(2) of the Act, the Income-tax Appellate Tribunal was justified in law in allowing 50 per cent. of the cost of equipment as attributable for research ?' 2. The facts in brief are as follows :The assessee is a company. During the examination ...
Y. Venkateswarlu Vs. V. Narayana and ors.
Court: Andhra Pradesh
Decided on: Aug-17-1998
Reported in: 1998(6)ALT520
A. Hanumanthu, J.1. These two appeals have been preferred under Section 100 of Civil Procedure Code against the common judgment and decree dated 22-7-1997 passed in A.S.No. 95/96 and A.S. No. 105/96 on the file of V Additional District Judge, Tirupathi, reversing the common judgment and decree dated 22-8-1996 passed in O.S.No. 42/92 and O.S.No. 123/92 on the file of I Additional District Munsif, Tirupathi.2. For the sake of convenience the parties are being referred as they are arrayed in O.S.No. 42/92.3. The dispute in both the suits relates to the membership bearing batch number 52 in Tirumala-Tirupathi De vasthanam Kalyanakatta at Tirumala. The membership in that Batch No. 52 of Kalyanakatta vests rights on the member to participate in tonsure at that Kalyanakatta and he is entitled for remuneration as paid by Devasthanam. Unless one becomes a member under that Kalyanakatta Sangam, no one is entitled for participating in the tonsuring ritual and for the emoluments. The membership be...
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