Andhra Pradesh Court July 1999 Judgments
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A. Srinivasulu Naidu (Died) His Lrs. Vs. P. Rajasekharappa
Court: Andhra Pradesh
Decided on: Jul-09-1999
Reported in: 1999(5)ALD255; 1999(4)ALT430
1. This appeal by the defendant arises against the judgment and decree in OS No.45 of 1974 dated 22-8-1983 on the file of the Subordinate Judge's Court, Chittoor where by the claim of the plaintiff for Rs. 15,9307- was decreed with interest at 6% per annum from the date of the suit and costs.2. The claim in the suit rests on the allegation that in view of earlier friendly relations between the plaintiff and the defendant, the plaintiff lent a sum of Rs.14,500/- to the defendant for redeeming the jewels which were pledged with one T.C. Gajaraj Mehata of Madras on the promise that the jewels would be redeemed and the amount be paid back by repledging the jewels with some Bank at Chittoor. Thus, an amount of Rs.2,500/-, Rs.10,000/-and Rs.2,000/- were given on 2-7-1971, 3-7-1971 and 3-7-1971 respectively totalling to Rs.14,500/- which was acknowledged by a letter of the defendant in Ex.A.1 dated 3-7-1971. The defendant again borrowed/a further sum of Rs.1,000/- on 5-7-1971, which was paid ...
L. Kanta Rao Vs. Commissioner of Endowments and ors.
Court: Andhra Pradesh
Decided on: Jul-09-1999
Reported in: 1999(4)ALT419
ORDERP. Venkatarama Reddi, J.1. The petitioner in both the writ petitions is the same. The subject matter of the writ petitions is the sale of Ac. 1.81 cents belonging to 2nd respondent- Temple situate in R.S. No. 691 of Eluru town. The 3rd respondent representing M/s. Srinivasa Enterprises was the highest bidder in the public auction conducted on 24-6-1998 pursuant to the permission granted by the Government. The bid was knocked down in favour of 3rd respondent for Rs. 13.01 lakhs per acre. The sale was confirmed by the Commissioner of Endowments (1st respondent) on 22-12-1998 in supersession of his decision taken earlier to cancel the auction and to hold re-auction.2. The 1st writ petition is filed seeking a declaration questioning the action of respondents 1 and 2 in proceeding to complete the sale pursuant to auction held on 24-6-1998 as illegal and arbitrary. It is the case of the petitioner that the land in question which is valuable and suitable for house-sites and commercial bu...
Newandram and Co. Vs. Commissioner of Income Tax
Court: Andhra Pradesh
Decided on: Jul-09-1999
Reported in: [1998]106TAXMAN288(AP)
ORDERReddi, J. On getting instructions, the learned standing counsel has stated that as per the provisions of the Kar Vivad Samadhan Scheme, a certificate under section 90 of the Finance Act was despatched to the petitioner as long back as on 23-2-1999 and the same has been returned with the postal endorsement 'addressee has left'. The petitioner may now approach the concerned authority within a week and obtain the order/ certificate already issued. The limitation of 30 days will run from the date of receipt of order/certificate from the competent authority. In case the petitioner fails to approach the competent authority within a week, the benefit of this order will not enure to him. Moreover, as the order could not be served on the petitioner for reasons beyond the control of the department and the petitioner failed to furnish the proper address for service, we direct payment of interest at the rate of 15 per cent from 1-4-1999 till the date of payment of tax.2. With the above observ...
M.A. Rehman Vs. Secretary, Dept. of Municipal Administration, Hyderaba ...
Court: Andhra Pradesh
Decided on: Jul-08-1999
Reported in: 1999(4)ALD223; 1999(4)ALT383
ORDERP. Venkatarama Reddi, J.1. The petitioner is questioning the house-tax demand notice dated 23-12-1998 issued by the third respondent in respect of House No.1-259. Against the column 'tax arrears', the year 1997-98 is mentioned and the tax due is specified as Rs.26,933. Thereafter, against the column 'first year tax' the year 98-99 is mentioned and the tax is mentioned as Rs.5,985/-. To these two figures, the surcharge (probably for delay in payment) of Rs.6464/- is added and a total tax ofRs.39,382/- has been demanded to be paid with a threat of attachment of properties and prosecution in case of non-payment. It is apprent that the demand notice is bald and vague and contains wrong recitals. The petitioner therefore rightly submitted a representation protesting against the arbitrary demand and requesting for particulars. The Commissioner of Municipality by his communication dated 21-1-1999 has sent a reply slating that the petitioner failed to pay property tax with effect from 1-1...
V.S.N. Sastry and Others Vs. A.P. State Warehousing Corporation, Hyder ...
Court: Andhra Pradesh
Decided on: Jul-08-1999
Reported in: 1999(4)ALD148; 1999(4)ALT534; (1999)IILLJ1021AP
ORDER1. The petitioners arc the retired employees of the Andhra Pradesh State Ware-Housing Corporation. In this writ petition, they have sought for a writ in the nature of mandamus declaring the action of the respondent in calculating the gratuity contrary to the Explanation to sub-section (2) of Section 4 of the Payment of Gratuity Act (for short the Act) as illegal and arbitrary, and for a consequential direction to the respondent Corporation to calculate the gratuity strictly in accordance with Section 4(2) read with the Explanation.2. Let the Court first state the undisputed facts. They are:The petitioners were the employees of the A.P. State Ware-Housing Corporation. The petitioners are the employees within the meaning of that term as defined under Section 2(e) of the Act and the A.P. State Ware-Housing Corporation is an establishment to which the Act applies. All the petitioners on attaining age of superannuation retired on different dates, but before the end of October, 1997. At...
M. Chenna Venkata Reddy and Others Vs. A.P. Housing Board, Gruhakalpa, ...
Court: Andhra Pradesh
Decided on: Jul-08-1999
Reported in: 1999(5)ALD33; 1999(5)ALT223
ORDER1. This revision is directed against the order in IA No.91 of 1999 in OS No.105 of 1991 on the file of the I Additional Senior Civil Judge, Rangareddy District at Saroornagar allowing the application filed by the 1st defendant under Order 26, Rule 9 read with Section 151 of the Code of Civil Procedure for appointment of a Surveyor to measure the land in question. Aggrieved by t he same the present revision is preferred.2. Earlier to the present application a commissioner was appointed in IA No.1252of 1997 and on submission of his report the 1st defendant filed its objections. Thereafter the 1st defendant filed the present application for appointment of second commissioner to survey the land in question on the ground that the earlier surveyor has not conducted the survey in accordance with the prescribed norms. The trial Court finding that whenever one of the parties to the suit disputed the earlier survey, it is better to call the survey report from the second surveyor and it will...
General Manager, State Bank of Hyderabad, Hyd. and anr. Vs. V. Ramulu
Court: Andhra Pradesh
Decided on: Jul-08-1999
Reported in: 1999(5)ALD92; (2000)ILLJ1327AP
ORDERV.V.S. Rao, J 1. This writ appeal under Clause 15 of the Letters Patent is by the General Manager, State Bank of Hyderabad, Head Office, Hyderabad (the bank for brevity). It is a Nationalised Bank. This appellant Bank is aggrieved by a mandamus issued by this Court (learned single Judge) directing the Bank to absorb the respondent herein as sub-staff in the subordinate cadre as early as possible but not later than four weeks from the date of receipt of a copy of the order of the learned single Judge dated 13-8-1997. Before we consider the efforts of the appellant Bank to make a mountain out of a mole-hill as to the interpretation of the words 'on or after' appearing in the Approach Paper of the Government of India as well as Bank's Circular which is the trump-card of the Bank in this forensic game, we state the brief fads as usually we do.2. The parties are referred to as they appear in the writ petition. The petitioner worked for 164 1/2 days during the year 1978-79 in Mahaboobna...
B. Siva Prasad Vs. Government of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jul-08-1999
Reported in: 1999(5)ALD158; 1999(4)ALT365
ORDER1. Heard Sri O. Manohar Reddy, learned Counsel appearing for the petitioner, and Sri B. Prakash Reddy, Additional Advocate-General appearing forthe Slate of Andhra Pradesh. Both the Counsels have requested for disposal of writ petition itself. Accordingly, the main writ itself is taken up for hearing and disposal.2. The petitioner seeks to issue a Writ of Mandamus declaring the action of the respondent in recommending the three items of work of his choice out of 9 items of work for which the petitioner is the lowest tenderer in the tender notification dated 8-1-1999 in Bid.No.3/ NCB/APEP, without affording an opportunity to the petitioner, as illegal and arbitrary and to direct the respondent to recommend three works i.e., Item Nos.47, 56 and 57 of the tender notice dated 8-1-1999 as mentioned in the representation dated 22-3-1999 and pass such further orders.3. The petitioner filed WP MP No.8068 of 1999 to stay ail further proceedings pursuant to the tender notice dated S-i-1999 ...
B.R. Mouli Vs. Commanding Officer, Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Jul-08-1999
Reported in: 1999(5)ALD352
1. This writ petition is filed seeking to declare the proceedings of the first respondent dated 10-3-1999 as endorsed by the third respondent dated 11-3-1999 (Charge Sheet to be tried by General Court Martial) as being in violation of the Army Act, 1950, Section 121 ofArmy Rules 34, Regulations for the ArmyPara 903 exceeding jurisdiction, unlawful and ultra vires.2. Interim stay was granted in WPMPNo.7134 of 1999 on 22-3-1999 and the same is being extended from time to time. Now at the hearing of the Vacate Stay Petition, both the parties have consented for the disposal of the main writ petition.3. It is the case of the petitioner that the first respondent has issued a charge-sheet dated 10-3-1999, whereupon, the third respondent had directed that the petitioner be tried by a General Court Martial-vide endorsement dated 11-3-1999 on the said charge-sheet. It is his further case that irrespective of the point as to whether the allegations are fact or fiction, the respondents are barred ...
Fishermen Co-op. Society Vs. Regional Dy. Director of Fisheries and or ...
Court: Andhra Pradesh
Decided on: Jul-08-1999
Reported in: 1999(5)ALT119
ORDERD.S.R. Varma, J.1. This writ petition is filed seeking a Writ of Mandamus and setting aside the order dated 25-7-1998 in Rc. No. 2395/ B /95 on the file of the first respondent and the order dated 5-3-1997 passed in Rc. No. 132/E/95 on the file of the second respondent as illegal, arbitrary, without jurisdiction and contrary to the provisions of A. P. Co-operative Societies Act.2. At the Interlocutory stage both the Counsel consented for final adjudication of the matter.3. From the averments of the writ petition it can be seen that the petitioner Society is a registered Fishermen Co-operative Society. The village of Parsapur is within the area of operation of the petitioner-Society. There are about 58 members in the petitioner-Society. While so, the third respondent made an application with 15 members for deletion of Parsapur Village from the area of operation of petitioner-Society and for registering a separate Society. At this stage action has been initiated and eventually, this...
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