Andhra Pradesh Court December 1999 Judgments
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Seera Simhachalam and Another Vs. Pediredla Simhachalam and Others
Court: Andhra Pradesh
Decided on: Dec-09-1999
Reported in: 2000(2)ALD292; 2000(2)ALT479
ORDER1. This appeal filed by defendants arises out of a suit for permanent injunction restraining the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the plaint schedule property consisting of Ac. 1.00 of agricultural land in S.No. 81/3 of Kudduvalasa Village. During the pendency of the suit the original plaintiff died and the respondents herein were brought on record as his legal representatives. It was the case of the plaintiff that he was the owner of the suit property and that he executed a nominal sale deed dated 6-7-1970 (Ex.B1) in favour of the first defendant who was his close friend, apprehending that the plaintiff might loosesome of his lands in view of the impending Land Ceiling Legislation. It was further case of the plaintiff that on the same date the first defendant executed an agreement of re-conveyance (Ex.A5) in his favour admitting the said facts and promising to re-convey the suit property to him whenever demanded. It was also th...
P. Jeevanandam C.P. Ponnurangam Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Dec-09-1999
Reported in: 2000(3)ALD164; 2000(3)ALT425
ORDER1. This an application filed under Section 8 read with Section 11(6) of the Arbitration and Conciliation Act, 1996, (for short, the 'Act') for resolving the disputes between the parties to the petition.2. The applicant entered into an agreement on 31-7-1994. His tender was accepted on 25-5-1994 for the work of transportation of 45,000 BG PSC Sleepers from sleepers manufacturing factory at Madgaon and unload the same between Belgaum-Ghatprabha stations on Miraj-Londa Section of South Central Railway and stack them in order. These sleepers were to be manufactured and supplied by M/s. Rayalaseema Concrete Sleepers Private Limited. The value of the agreement was Rs.95,98,500-00. The due date of completion of work is one month from the date of acceptance i.e., 25-5-1994 and in nay case not later than 5-7-1994, and time is the essence of the contract. The manufacturer failed to load the sleepers in the vehicles of the applicant, the same could not be transported, though the applicant pr...
A.N. Paramkusha Bai Vs. K. Krishna and Another
Court: Andhra Pradesh
Decided on: Dec-09-1999
Reported in: 2000(4)ALD159; 2000(2)ALT341
1. This appeal is directed against the order dated 11-9-1995 in IA No.984 of 1995 in OS No.25] of 1995 on the file of the III Additional Judge, City Civil Court, Hyderabad, wherein the application filed under Order 39, Rules 1 and 2 read with Section 151 of Civil Procedure Code, (for short 'CPC'), seeking temporary injunction restraining the respondents-defendants from interfering withpeaceful enjoyment of the appellant-plaintiff over the plaint schedule property bearing No. 139/1 (New No.7-3-476), Audaiah Nagar, Secundcrabad or any other part thereof by way of execution of decree dated 7-12-1994 in OS No.369 of 1989, pending disposal of the suit was dismissed.2. Brief facts of the case arc as follows:The appellant herein instituted suit OS No.251 of 1995 under Section 6 of the Specific Relief Act, for declaration that she is the absolute owner of the property and for consequential relief of perpetual injunction on the basis of Ex.A1-registered sale deed dated 9-7-1987. Pending disposa...
O. Gangadhar Vs. Transport Commissioner, A.P. and Others
Court: Andhra Pradesh
Decided on: Dec-08-1999
Reported in: II(2000)ACC668; 2000(2)ALD343; 2000(1)ALT704
ORDERV. Eswaraiah, J.1. In all these writ petitions common questions of law and facts are involved, hence they are decided by a common judgment.2. The petitioners earlier filed the Writ Petition No.34574 of 1998 and Batch contending that they are entitled to alter their motor vehicles by reducing the number of seats under Section 52 of the Motor Vehicles Act (for short 'the Act') and the learned single Judge following the principles laid down by a Division Bench of Kerala High Court in the case of T.K. Radhamani v. Joint Regional Transport Officer, : AIR1997Ker85 , as confirmed by the Full Bench of Kerala High Court in the case of Mohandas v. Registering Authority, Regional Transport Officer, : AIR1998Ker300 , held that:'Reduction in number of seats of the vehicles possessed by the petitioners would not amount to alteration as it did not change the seating capacity requiring permission under Section 52 of the Act. Accordingly, it is declared that registered owner need not obtain the ap...
United India Insurance Co. Ltd., Chittoor Vs. Priyanka @ Divya and Ano ...
Court: Andhra Pradesh
Decided on: Dec-08-1999
Reported in: II(2000)ACC586; 2001ACJ2011; 2000(2)ALD374
1. This appeal has been preferred by the Insurance Company against the award passed by the Tribunal in OP No.199 of 1992 dated 7-11-1994 whereinthe Tribunal has granted a sum ofRs. 1,27,000/- as against the claim of Rs.4,50,000/-.2. Brief facts of the case are to the following effect:On 7-12-1991 the injured Priyanka and her father T. Kishore along with his wife were going in a Maruthi Van bearing No.KA.01/M-3365 and when the van reached Sankrantipalli Village, Chittoor-Bangalore Road, a lorry bearing No.ADA 1524 came in the opposite direction driven by its driver rashly and negligently and hit the Maruthi van causing damage to the van and severe injuries to Priyanka and her father and mother Smt. Vanaja. It is further averred that the van was proceeding at a normal speed on the left side of the road and the van driver lodged a complaint before the Bangarupalem Police on which a case in Crime No.187 of 1991 was registered against the driver of the lorry under Sections 337 and 338 IPC a...
Apsrtc, Imliban, Hyderabad and Others Vs. Abidha Khanam
Court: Andhra Pradesh
Decided on: Dec-08-1999
Reported in: 2000(4)ALD435; 2000(4)ALT196
ORDERM.S. Liberhan, CJ 1. The respondent-writ petitioner's husband died in harness when employed with the appellant-Corporation as a mechanic. As usual the Corporation, for lip sympathy and to assuage the feeling of the poor workers, floated a scheme of compassionate appointment, which, in the facts and circumstances, appears to be only a scheme on the paper in view of the defence taken by the Corporation that there being a ban by the Government with respect to recruitment to the posts of sweeper and attender, no person can be appointed on compassionate ground especially in view of the judgment of the Supreme Court which has laid down that appointment on compassionate ground can be offered only for Class IV and Class III posts.2. The very object of compassionate appointment to mitigate the hardship of life of the dependants of a deceased employee stands frustrated by giving with one hand and taking away with the other and in conformity with the famous saying 'rob Peter and pay Pauf. Ad...
Commissioner of Income-tax Vs. Lanco Industries Ltd.
Court: Andhra Pradesh
Decided on: Dec-08-1999
Reported in: 2000(1)ALT746; [2000]242ITR357(AP)
P. Venkata Rama Reddi, J.1. This appeal under Section 260A of the Income-tax Act, 1961, arises out of a block assessment made for the years 1986-87 to 1995-96 and also for the period April 1, 1995, to September 27, 1995. As a result of the search and seizure operations conducted by the Department on September 27, 1995, the tax of Rs. 9.27 lakhs wasdemanded treating the undisclosed income as Rs. 1,14,88,410. On appeal to the Income-tax Appellate Tribunal, the Tribunal partly allowed the appeal. An addition of Rs. 16,82,100 made towards the alleged unaccounted commission to V. R. Koneru, a non-resident Indian, and the addition of Rs. 95,93,200 made towards the alleged unexplained share capital investments in the names of friends and relatives of the directors and the additions made to two other minor items were deleted. The Assessing Officer was directed to reframe the assessment in the light of the appellate order.2. Learned senior standing counsel for the Income-tax Department has urge...
Nageshwara Rao Vs. B.V. Subbaiah and anr.
Court: Andhra Pradesh
Decided on: Dec-08-1999
Reported in: 2000(1)ALD(Cri)253; [2000]99CompCas526(AP)
K.B. Siddappa, J.1. These revisions are connected. Therefore, they are disposed of by a common judgment.2. The complainant is the father of one B. Kalpana who is having a promissory note in her favour for the amount she advanced to the accused. She endorsed on the promissory note 'to collect' the contents of the promissory note. Thereupon, the complainant issued statutory notice to theaccused. The accused issued cheques for the amount claimed. When the cheques were presented, they bounced and thereupon after the statutory period the criminal complaint against the accused was filed. The trial court after considering the evidence on record found the accused guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, and was directed to undergo R. I. for six months and to pay a fine of Rs. 500 and in default to suffer S. I. for three months, in each case. On appeal, the judgments and sentences were confirmed.Hence, the revisions.3. M. Chandrasekhar Rao, appearing...
State of Andhra Pradesh Vs. Sanathnagar Polythene Industries
Court: Andhra Pradesh
Decided on: Dec-08-1999
Reported in: [2003]133STC277(AP)
ORDERP. Venkatarama Reddi, J.1. We see no legal error in the impugned order of the Tribunal holding that the goods described as 'Polythene bags' in the revisional order are 'HDPE woven sacks' within the meaning of entry 188 of First Schedule as it then stood and remanding the matter to the assessing officer to apply the correct rate of tax as per entry 188. The Tribunal followed its earlier decision which has become final. Hence, we see no point to admit the T.R.C. The T.R.C. is accordingly dismissed....
Y.V. Rama Rao Vs. Pamidimukkala Surya Nagamani
Court: Andhra Pradesh
Decided on: Dec-08-1999
Reported in: 2000(1)ALT157
ORDERD.S.R. Varma, J.1. This Civil Revision Petition is filed aggrieved by the order of the Senior Civil Judge, Bobbili dated 21-7-1998 in O.S. No. 29 of 1993 directing the plaintiff-petitioner to pay the balance of sale consideration of Rs. 37,500/- together with interest at 18% p.a. 2. Plaintiff is the petitioner in this revision. 3. It is admitted by the learned Counsel appearing for both parties that the amount of Rs. 37,500/- which is said to be balance amount of sale consideration has already been deposited. Therefore, the only question that remains for consideration before this Court is with regard to depositing the amount towards interest. 4. As can be seen from the record made available to this Court, the suit was filed by the petitioner-plaintiff for specific performance of the agreement of sale. Further the averments made in the plaint at para (3) which prompted the trial Court to pass the order impugned are to the following:'The plaintiff is always ready and willing to perf...
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