Andhra Pradesh Court December 1999 Judgments
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Commissioner of Prohibition and Excise, A.P., Hyderabad Vs. White Hors ...
Court: Andhra Pradesh
Decided on: Dec-31-1999
Reported in: 2000(1)ALD739; 2000(1)ALT417
ORDERVaman Rao, J 1. This writ appeal is directed against the judgment of a learned single Judge dated 19-7-1999 in Writ Petition No. 12292 of 1999.2. The parties will be referred to as they were arrayed in the writ petition.3. The facts pertaining to the case fall under a narrow compass:The petitioner is a proprietor of M/s. White Horse Distilleries. He was granted D2 licence under Andhra Pradesh Distillery Rules, 1970 (for short 'Distillery Rules') on 25-7-1977 for manufacture of Indian Made Liquor. The petitioner had entered into a marketing tie up with M/s. Liquors India Limited for marketing its products. The petitioner also an approved rate contractor for supply of its products to the 2nd respondent (Andhra Pradesh Breweries Corporation Limited), which has a monopoly in the State of Andhra Pradesh. It is stated that though the petitioner has a marketing tie up with M/s. Liquors India Limited, the product of the petitioner was supplied directly by the petitioner to the 2nd respond...
Andhra Cements Limited Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Dec-31-1999
Reported in: 2000(2)ALD98; 2000(2)ALT41
ORDERVaman Rao, J.1. Both these writ petitions have been filed for a direction to declare the notice issued by the Commercial Tax Officer, Sitarampuram, Vijayawada in Ref.No.F/518/94 dated 10-12-1997 as arbitrary and contrary to the benefit granted by the Government of Andhra Pradesh (Industries and Commerce (IFR) Department) in Memo No.583/IFR/91-13 dated 20-8-1994 and for a direction to the respondents to forbear from demanding the petitioner for payment of arrears of sales tax in yearly instalments and to permit the petitioner to pay the said arrears in quarterly or monthly instalments.2. Writ Petition No.33507 of 1997 was filed for restraining the respondents from collecting tax for the first annual.instalment said to be due on [-10-1997. Writ Petition No.32502 of 1998 with identical averments has been filed for restraining the respondents from demanding a sum of Rs.91,16,445/- due in respect of the first instalment without giving credit to an amount of Rs.62,61,910/- collected fro...
V. Venkataiah Goud Vs. Government of A.P., Hyderabad and Another
Court: Andhra Pradesh
Decided on: Dec-31-1999
Reported in: 2000(2)ALD63
ORDER1. Heard the learned Counsel for the petitioner, learned Government Pleader for Civil Supplies for respondent No. 1 and learned Counsel for respondent No.2.2. The writ petition is filed assailing the notification in Dis. No.1173 of 1999 dated 31-3-1999 issued by the second respondent calling for applications for the post of Male Member in District Consumer Forum, Mahabubnagar without appointing the petitioner as per the recommendations of the Selection Committee made pursuant to the earlier notification as illegal.3. In the affidavit filed in support of the writ petition the petitioner avers that Registrar, State Consumer Redressal Commission, second respondent herein issued notification in Dis. No.4414 of 1998 dated 13-10-1998 calling for applications from the eligible and qualified candidates for the post of Male Member in the DistrictConsumer Forum, Mahabubnagar. The eligibility for the post of Male Member in District Forum is, one should be aged below 65 years and he shall be ...
Rohini Vs. All Concerned
Court: Andhra Pradesh
Decided on: Dec-31-1999
Reported in: 2000(2)ALD288; 2000(2)ALT218
ORDER1. This civil miscellaneous appeal was filed by Smt Rohini wife of late R.S. Shankarnarayanan (hereinafter referred as the deceased), who was the petitioner in OP No.1236 of 1990 on the file of the Additional Chief Judge, City Civil Court, Hyderabad (Temporary) being aggrieved by the order dated 15-3-1991 dismissing the OP, which was filed under Section 276 of the Indian Succession Act, 1925 (for short the Act) to grant probate of the will dated 26-9-1989 executed by the deceased.2. The brief facts of the case are that the petitioner-appellant is one of the two wives of the deceased, who was working as Manager, Bank of Baroda at Coonoor, Nilgiries District in Tamil Nadu and died on 16-1-1990. During his life time he acquired certain movable and immovable properties, which bequeathed in favour of the appellant and his four sons in the presence of two witnesses, while he was in sound condition of health and good state of mind, by way of will aforementioned. He bequeathed the flat Be...
Abdul Jabbar Vs. S.N.A. Nazarath
Court: Andhra Pradesh
Decided on: Dec-31-1999
Reported in: 2000(2)ALD339
ORDER1. The revision petitioner assails the order dated 8-2-1999 passed by the learned HI Junior Civil Judge, City Civil Court, Hyderabad, in IA No.1013 of 1997 in OS No.4297 of 1989. He filed the petitionin IA No.1 013 of 1997 under Section 5 of the Limitation Act seeking condonation of delay of 1198 days in filing an application to set aside the ex parts decree dated 9-11-1993 passed in OS No.4297 of 1989. In the affidavit filed in support of the petition he mentioned inter alia that the suit OS No.4297 of 1989 was fifed by the respondent herein for perpetual injunction. He put in his appearance through his Counsel Sri Rajiv Indani and the matter was coming up for filing the written statement. Unfortunately his Counsel did not attend the matter and therefore he was set ex parte and an ex parte decree was passed on 9-11-1993. He is a businessman staying away from Hyderabad and as such he did not know the exact procedure to be followed before the Court. He came to know about the ex par...
Dr. Ambedkar Educational Society, Hyd. Vs. Kamakshi Buildings, Hyd. an ...
Court: Andhra Pradesh
Decided on: Dec-31-1999
Reported in: 2000(2)ALD629; 2000(2)ALT418
ORDERN.Y. Hanumanthappa, J.1. This appeal is directed against the judgment and decree dated 5-9-1998 passed in OS No.161 of 1989 on the file of the IV Additional Senior Civil Judge, City Civil Court, Hyderabad.2. The above suit was filed by M/s. Kamakshi Builders, a partnership firm represented by its partner R.S. Rangadas for the following reliefs: to pass a decree against defendants 1 and 2 (i) for possession of the suit property viz., Western portion of Building bearing No. 1-8-1, situated at Bagh Lingampally, Hyderabad consisting of plinth area of 780.0 sq.yards with an open yard of 2196.0 sq.yards, totalling to 2976.0 sq.yards, (ii) for damages at the rate of Rs.21,000/- per month from 16-12-1988 till the date of delivery of the possession of the suit schedule property; (iii) for arrears of rent of Rs.43,200/- and (iv) for damages for the use and occupation @ 21,000/- per month during the pendency of the suit till the delivery of possession. After enquiry the Court below decreed t...
Sandireddy Suseela Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Dec-31-1999
Reported in: 2000(2)ALD820; 2000(3)ALT187
ORDER1. The petitioner seeks that the Order No.1 of 1999 passed by the Assistant Project Director, Integrated Child Development Project Office,S.M. Puram at Ponduni, where under she was sought to be removed from the post of Anganwadi Worker, to be declared as illegal, arbitrary and violative of the principles of natural justice.2. The case of the petitioner inter alia as averred in the affidavit filed in support of the writ petition is that pursuant to the advertisement given by the respondents 2 to 4 she applied for the post of Anganwadi Worker and in the interview conducted in the month of December, 1998 she was selected under an unanimous resolution passed by the 5th and 6th respondents. Pursuant to the same, the second respondent issued proceedings dated 1-1-1999 and accordingly the petitioner joined in the said post in the first week of January, 1999. Eversince she has been working as Anganwadi Worker. On account of the local politics an order was passed by the second respondent r...
Gudula Sitaratnam Vs. Andhavarapu Govinda Rajulu and Others
Court: Andhra Pradesh
Decided on: Dec-31-1999
Reported in: 2000(3)ALD592; 2000(2)ALT608
ORDER1. Heard both sides.2. This revision petition is directed against the order of the Principal Junior Civil Judge, Srikakulam dated 23-4-1999 passed in IA No.426 of 1999 in OS No.227 of 1995 under which the petitioner's plea for impleading him as a defendant in the suit has been dismissed.3. It appears that the plaintiff filed the present suit for eviction against the defendants with an averment that they are his tenants. The revision petitioner, a third party to the suit in OS No.227 of 1995, claims as seen from the affidavit in support of the petition in the trial Court that he had entered into an agreement of purchase of the suit property from one Baratam Satyanarayana in 1995, who died later. It so happens that the plaintiffs are said to have acquired title to the suit properly under a registered sale deed from Boredom Bangaramma.4. The learned Counsel for the petitioner emphasises the fact that the learned Junior Judge dismissed the application mainly on the ground that the app...
U.R.K. Prasad and ors. Vs. Managing Director, A.P.S.R.T.C. and ors.
Court: Andhra Pradesh
Decided on: Dec-31-1999
Reported in: 2000(2)ALT440
ORDERGoda Raghuram, J.1. The petitioners assail the proceedings dated 15-6-96 directing the reversion of the petitioners to the posts of Stenographers, and seek a consequential direction to the official respondents to regularise their services as Head Clerks with effect from 15-8-1994 with consequential benefits.2. All the petitioners have been substantially appointed as Stenographers on various dates during 1978 to 1984 either by direct recruitment to the said category or by promotion thereto from lower categories.3. Under the Andhra Pradesh State Road Transport Corporation Employees (Recruitment) Regulations, 1966 (for short the Regulations) the posts of Head Clerks hitherto known as Deputy Superintendent (Personnel), are to be filled up inter alia by promotion from the category of Stenographers. The prescribed eligibility for such promotion is completion of 5 years of service and passing of the qualifying examination viz., the Lower Personnel Management Test and if no such suitable ...
Official Liquidator Vs. Managing Director, Andhra Pradesh State Financ ...
Court: Andhra Pradesh
Decided on: Dec-31-1999
Reported in: [2003]115CompCas284(AP)
Krishna Saran Shrivastav, J.1. This is an application under Sections 531/531A and 537 of the Companies Act, 1956, for declaration that the transfer of assets of Durga Industrial Estates Ltd. now in liquidation, (hereinafter referred to as 'the company') in favour of the third respondent is invalid and void as against the petitioner-official liquidator and also for recovery of possession of the said assets.2. The company had taken a term loan of Rs. 4,81,000 on interest from the first respondent that is the A. P. State Financial Corporation (for short, 'APSFC') through a mortgage deed dated January 20, 1973, and had taken another term loan of Rs. 2,20,000 through hypothecation of plant and machinery. On August 3, 1981, the company had passed a special resolution to sell the land, building, machinery, etc., for a sum not below Rs. 7,00,000. The second respondent namely B. P. Agarwala was authorised to negotiate the sale of the units as also to execute the document in favour of the prospe...
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