Andhra Pradesh Court October 1999 Judgments
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Satyam Constructions Ltd. Vs. Registrar (Judicial), High Court of A.P.
Court: Andhra Pradesh
Decided on: Oct-01-1999
Reported in: 1999(6)ALD223; 1999(6)ALT166
ORDERP. Venkatarama Reddi, J. 1. This writ petition under Article 226 of the Constitution is filed praying for quashing the order passed by a learned single Judgeof this Court in AA (SR) No.44201 of 1998 dated 28-7-1998 and for a declaration that persons acting under the Scheme framed by the Chief Justice of the High Court under Section 11(10) of the Arbitration and Conciliation Act, 1996 do not perform judicial functions of a Court of law and acts only as 'Persona Designate.2. The Registrar (Judicial), who is the 'authorised Officer' under the Scheme to receive and process the requests for appointment of Arbitrators under,subsections (4), (5) and (6) of Section 11, is the sole respondent in the writ petition.3. The petitioner, represented by its Special Power of Attorney holder, filed an application under Section 11(6) of the Arbitration and Conciliation Act (hereinafter referred to as the 'Act') in the Registry of the High Court. The Registry returned the papers with the following ob...
Kcp Ltd., Ramakrishna Cements Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Oct-01-1999
Reported in: 1999(6)ALD445; 1999(6)ALT569
ORDERP. Venkatarama Reddi, J 1. In his writ petition, the petitioner questions (lie action of the respondents in levying and collecting the tax under Non-Agricultural Lands Assessments Act (hereinafter referred to as the 'Act') on the lands held by the petitioner on mining lease and seeks quashing of the order dated 20-5-1999 passed by the RDO, Narasaraopet, confirming the demand notice dated 8-9-1997 issued by the MandalRevenue Inspector, Durgi, Guntur District. The petitioner seeks a further direction to refund the amount of Rs.29,17,884/- paid by it under protest. The demand relates to the Faslis 1403 to 1407 (corresponding to the years 1993 to 1997).2. Under the Scheme of the Act, the Mandal Revenue Inspector is empowered to make the assessment. The Mandal Revenue Officer is the appellate authority and the RDO is the revisional authority. In determining the tax and disposing 'of the appeals and revisions thereon against the demands raised by the primary authority, the three authori...
Kotipally Murali Mukunda Rao Vs. State of A.P. and Another
Court: Andhra Pradesh
Decided on: Oct-01-1999
Reported in: 1999(6)ALD586; 1999(6)ALT223
ORDERP. Venkatarama Reddi, J 1. The petitioner formerly a District and Sessions Judge, Grade-II and who was retired from service on 30-9-1993 on attaining the age of 58 years pursuant to the recommendation of the High Court, unsuccessfully challenged the legality of the order issued by the State Government in G.O. Ms. No.515, General Administration (SC F) Department, dated 30-9-1993. In Writ Petition No.14670 of 1993, a Division Bench of this Court reached the conclusion that the impugned order of retirement of the age of 58 years was in perfect conformity with the judgment of the Supreme Court in All India Judges Association ('AIJA') case. : (1993)IILLJ776SC and that there was no arbitrariness nor legal flaw in the decision of the High Court and the Government in retiring the petitioner on completion of the age of 58 years on the ground that he did not have the requisite potential for continued useful service beyond that age. The judgment of the Division Bench rendered on 10-12-1993 r...
Kalyani Refineries Ltd. and anr. Vs. Banaras State Bank Ltd. and anr.
Court: Andhra Pradesh
Decided on: Oct-01-1999
Reported in: 1999(2)ALD(Cri)938; 1999(2)ALT(Cri)450; [2001]103CompCas782(AP)
Vaman Rao, J.1. These two criminal petitions have been filed under Section 482 of Criminal Procedure Code, for quashing the relative proceedings in C. C. Nos. 727 and 729 of 1998 on the file of the XVII Metropolitan Magistrate, Hyderabad, in which the petitioners are the accused and respondent No. 1 is the complainant. Accused No. 1 is a company and accused No. 2 is its managing director. Accused No. 3 is the sole proprietary firm represented by accused Nos. 4 and 5. The complaint has been filed by the Banaras State Bank Limited, a scheduled bank.2. The allegations as stated in the complaint briefly are as follows : Accused No. 2 is the managing director of accused No. 1-company (petitioner herein). Accused No. 1-company was sanctioned by the complainant bank credit facilities like cash credit to the bills discounted, cheques discounted, etc., in a limit of Rs. 280 lakhs. Accused No. 1 has withdrawn the said amount and failed to update the accounts. In spite of demands for payment, the...
Regional Director, Esi Corporation Vs. Kohinoor Glass Factory (P) Ltd.
Court: Andhra Pradesh
Decided on: Oct-01-1999
Reported in: [2000(84)FLR903]; (2000)ILLJ1249AP
Elipe Dharma Rao, J.1. The Regional Joint Director, ESI Corporation filed this appeal aggrieved by the order passed by the Employees' Insurance Court, Hyderabad, in EI Case No. 16 of 1993 dated March 24, 1994 wherein it was held that the petitioner-factory has not employed any person for wages during the relevant period and hence, the petitioner is not liable to pay the contributions as claimed by the respondent-Corporation and notices dated June 10, 1992 and October 22, 1992 claiming an amount of Rs. 5,752.60 and Rs. 9,650/- by the respondent-Corporation are set aside.2. The brief facts of the case are that the first respondent i.e., Kohinoor Glass Factory Limited, Sanathnagar, Hyderabad, was demanded by the Corporation through its notices dated June 10, 1992 and October 22, 1992 an amount of Rs. 5,750.60 ps. and Rs. 9,650/- towards contribution for its employees engaged for the period 1984 to 1987. According to the appellant herein, the petitioner factory situated at Sanathnagar was ...
Kasu Krishna Reddy and anr. Vs. Election Commission of India, Rep. by ...
Court: Andhra Pradesh
Decided on: Oct-01-1999
Reported in: 1999(6)ALT209
ORDERB. Subhashan Reddy, J.1. These two writ petitions, though filed by the persons belonging to rival parties, i.e., petitioner, in W.P.No. 20283 of 1999 belonging to Congress-I and the petitioner in the other case belonging to Telugu Desam Party, seek common prayer directing the Election Commission, i.e., the 1st respondent herein, to deploy Special Forces in the elections to Narasaraopet Parliamentary Constituency and the 7 Assembly segments therein, scheduled on 3rd October, 1999.2. While the Congress-I Party candidate seeks special police protection to the Polling Agents of its party at the polling booths specified, the Telugu Desam Party candidate seeks protection to their polling agents in general.3. Sri S. Ramachander Rao, the learned senior Counsel appeared for the petitioner in W.P.No. 20283 of 1999, while Sri K. Ramakrishna Reddy, the learned senior Counsel appeared for the petitioner in W.P.No. 20625 of 1999. In both the writ petitions, the respondents are same, i.e., (1) E...
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