Andhra Pradesh Court March 1999 Judgments

Sri Santhi Ashramam, Sankanaram Vs. State Transport Appellate Tribunal ...

Court: Andhra Pradesh

Reported in: 1999(4)ALD56; 1999(2)ALT685

ORDERM.S. Liberhan, C.J.1. Appellant's perniit for roule 'Kakinada to Sarabavaram' was regularised on 22-12-1995. Respondents preferred a revision petition which was accepted and the grant of the permit was set aside. The appellant impugned the revisional order dated 4-12-1998 inter alia contending that setting aside the grant of penult is improper, unjust, of the schemes prior to 1992 to supersede it, grant of stage carriage permit in respect of routes overlapping partially in the absence of the total prohibition under the scheme is permissible and the condition exempting two services to the appellant's ashram was approved by G.O.Ms. No.342, Tr.R&B;, dated 12-8-1985, O.O.Ms. No,215, Tr. R&B;, dated 7-4-1976 does not prohibit the grant of permit, the latest schemes modified the earlier schemes granting exemption to public charitable institutions plying stage carriage permits on the route Kakinada to Slianti Ashram, the pendency of the petition before the Government seeking modification...

Anand Agros Limited Vs. Commercial Tax Officer, Bhongir and Others

Court: Andhra Pradesh

Reported in: 1999(5)ALD85; 1999(3)ALT231

ORDERA.S. Bhate, J 1. The petitioner-Company established solvent extraction unit in 1993 and commenced commercial production in October, 1993. The petitioner was granted a final eligibility certificate dated 26-9-1994 for Sales-tax deferment for an amount of Rs.1,10,34,240/-. This was in terms of G.O.Ms.No.498, Industries and Commerce Department, dated 16-10-1989. Subsequently, in the year 1994 the petitioner-Company established another unit of refinery for refining rice bran oil produced in the solvent extraction unit. This production was commenced from 18-11-1994. Thepetitioner was granted final eligibility certificate dated 25-11-1995 for deferment of Sales-tax for an amount of Rs. 1,71,77,480-/. The Sales-tax authorities considered the Sales-tax payable on deoiled bran as relatable to the deferment granted to the solvent extraction unit only and passed provisional assessment order on 21-02-1998 and issued a demand notice. Appeal was preferred against it by the petitioner before the...

Divisional Electrical Engineer, Apseb and Another Vs. T. Narasaiah

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. We do not find that a proper appeal was filed before this Commission. FA SR No. 2159/1997 purports to be an appeal presented by the opposite parties in O.P. No. 618/1996 seeking to question the order of the Nellore District Forum in that O.P. dated 30.6.1997. The appeal papers were presented on 28.8.1997 with only a typed copy of the order of the District Forum and without the certified copy of the order. The papers were returned by the office on 30.8.1997 raising several objections including the objection as regards non-filing of the certified copy of the order of the District Forum. Appeal papers were resubmitted on 4.10.1997. Subsequently an application for condoning the delay of 436 days in presenting the appeal i.e., FA IA No. 1222/1998 was filed on 12.10.1998. The petition for condoning the delay itself was dated 12.12.1997 and the affidavit in support of the same was dated 12.12.1996 (obviously a typographical error for 1997). In that affidavit it ...

Ramacharan Agarwal Vs. Employees State Insurance Corportion, Hyderabad

Court: Andhra Pradesh

Reported in: 1999(2)ALD578

ORDERVaman Rao, J 1. This matter arises out of a reference made by our learned Brother Justice T. Ranga Rao in Criminal RC No.337 of 1996. It appears that the same question of law arises in other Crl. RC Nos.919 and 135 of 1997 and in Writ Petition No.18377 of 1994. 2. Crl. RC No.337 of 1996 is directed against the judgment dated 16-2-1996 in Pros. SC No.67 of 1995 on the file of the Special First Class Magistrate, Judge Employees Insurance Court and Chairman, Industrial Tribunal-I, Hyderabad (herein-after referred to as 'Special Magistrate'). The revision petitioner was prosecuted for the offence of contravention of Section 85 (e) and (g) of the Employees State Insurance Act, 1948 (for short, 'the Act') and on the basis of the evidence adduced, he was convicted for the said offence and was sentenced to pay a fine of Rs.200/- under each count and in default to suffer simple imprisonment for two weeks. Aggrieved by thesaid conviction and sentence, the petitioner filed this revision peti...

Servet Feeds and Minerals (P) Ltd., Jeedimetla, Hyderabad Vs. Commerci ...

Court: Andhra Pradesh

Reported in: 1999(2)ALD617; 1999(2)ALT653

ORDERA.S. Bhate, J.1. These two petitions are being disposed of by a common order. In WP No.4850 of 1999 the petitioner is seeking a writ against the respondents for directing the respondents to refund the Sales Tax collected under the Andhra Pradesh General Sales Tax Act, 1957 (hereafter referred to as the 'Act') for the assessment years 1994-95 and 1995-96. The said Sales Tax was assessed and collected from the petitioner on sale of 'poultry feed' manufactured by the petitioner out of ingredients purchased from outside the State. In WP No.4851 of 1999 the petitioner is seeking a direction in nature of writ from the respondents for refund of the Central Sales Tax Act, 1956 assessed and collected from the petitioner for the same assessment years.2. It is not disputed that the respondents completed final assessment of petitioner for the years 1994-95 and 1995-96 under the provisions of the relevant Sales Tax Act and the petitioner in compliance of the said assessment paid the tax. It is...

Nature Park Walkers Association, Hyderabad and Another Vs. State of A. ...

Court: Andhra Pradesh

Reported in: 1999(2)ALD624; 1999(2)ALT604

ORDER1. These two writ petitions are disposed of by a common judgment as the issue involved is common in both the writ petitions.2. WP No. 34387 of 1998 is filed by Nature Park Walkers Association, a Society registered under the Societies RegistrationAct for a writ or a direction in the nature of a writ of certiorari calling for the records in proceedings No.C3/1928/97, dated 20-11-1998 on the file of the District Collector, Hyderabad district and to quash the same.3. WP No.35072 of 1998 is filed to quash G.O. Ms. No. 187, Environment, Forests, Science and Technology (For.Ill) Department, dated 3-12-1998 as violative of Article 14 and 21 of the Constitution of India.4. The facts, in brief, are as follows :Ac.90-00 of land and Ac.400.00 of land belonging to the erstwhile Nizam was taken over by the Government under the Urban Land (Ceiling & Regulation) Act, 1976 (for short '1976 Act'). Under G.O. Ms. No.300 of 1990 Ac.95-00 was declared as natural park. The object of declaring it as nat...

Abdul Sattar and Another Vs. District Collector, Nizamabad and Another

Court: Andhra Pradesh

Reported in: 1999(5)ALD82; 1999(3)ALT227

ORDER1. The land belonging to thepetitioners in Sy.No.205/2 situated at Hasgul Village of Bichkunda Mandal of Nizamabad District were acquired along with other lands under the provisions of the Land Acquisition Act, 1894 (for short the Act') for a public purpose for formation of road fromBichkunda to Dongli village. The notification under Section 4(1) of the Act was published in the Official Gazette on 4-4-1994. The Land Acquisition Officer passed a common award vide proceedings dated 6-6-1996 fixing the market value of the acquired land at Rs.10,500/- (not clear) per acre and a solatium at 30% and additional market value in accordance with Section 23(1-A) of the Act. The Land Acquisition Officer also awarded interest at 6% per annum on the compensation and solatium from the date of taking advance possession till the date of passing of the award and at 9% per annum for one year and 15% per annum thereafter on the market value and solatium. The award has been passed for a total sum of R...

C. Narsimha Reddy Vs. Govt. of A.P. and anr.

Court: Andhra Pradesh

Reported in: 1999(3)ALT568

ORDERB. Subhashan Reddy, J.1. The petitioner herein, by G.O.Ms. No. 107, Transport, Roads and Buildings (Tr.I) Department, dated 3-6-1993, was inflicted the punishment of his removal from service without any retiral benefits and also to recover the amount of Rs. 1,33,020/- said to have been misappropriated by the petitioner. On questioning the same, the Administrative Tribunal had confirmed the Governmental Order.2. In the same situation, under similar circumstances, the Supreme Court in State of Andhra Pradesh v. K. Ramachandran, AIR 1998 SC 1093, held that such cases as the instant one, have got to be referred firstly to the Tribunal for Disciplinary proceedings and only thereafter, action can be taken. The word 'misconduct' has been interpreted by the Supreme Court so as to mean that the Government has got no power to take action unless the matter is first referred to the Tribunal for Disciplinary Proceedings and then basing upon the order of the Tribunal, appropriate action be take...

S. Ramakrishnam Raju and Others Vs. the Branch Manager, Oriental Insur ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. The complainants approached this Commission by way of the present complaint contending that there was deficiency in service on the part of the Oriental Insurance Company Limited (Insurance Company for short), represented by the four opposite parties, in repudiating their claim for compensation by letter dated 18.7.1990 (marked as Ex. A-9). As the question involved is in a narrow compass, it is not necessary to trace out all the facts in detail to the minutiae. The undisputed facts are that the complainants were engaged in pisciculture by forming six tanks in the land owned by them at Devaragopavaram village in West Godavari District. Of those six tanks (which are for convenience sake numbered as tank Nos. 1 to 6) tanks 1 to 4 of extents respectively of 9 acres, 8 acres, 8 acres, and 5 acres were fish tanks for growing fish and tanks 5 and 6 of extents of 1 acre and acres 2.27 cents were for fish seeds. On the eastern side of tanks 1 to 5 was a road about ...

Gatti Umamaheswara Rao Vs. Jarajana Simhachalam and Others

Court: Andhra Pradesh

Reported in: 1999(3)ALD112; 1999(3)ALT134

ORDER1. The learned Counsel forthe revision petitioner reports that notices have been served and that he filed a memo with acknowledgments in the Registry in proof of service of notices. No appearances has been made on behalf of the respondents.2. This revision petition is directed against the order said to have been passed in IA No.865 of 1996 in OS No.39 of 1996 on the file of the District Munsif (Junior Civil Judge) at Rajam. The revision petitioner herein is the 1st plaintiff and the 1 st respondent in the said IA. Respondents1 to 8 herein are the defendants in the suit and the petitioners in the said IA.3. It would appear that the said 1A No. 865 of 1996 was filed for appointment of Commissioner to localise and determine the boundaries of Survey Nos.21-1 and 21-1B or in Survey No. 14 of Santhakaviti village. Advocate Commissioner was accordingly appointed.4. The learned Counsel for the petitioner states that the order allowing the appointment of Commissioner also directed that ass...