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Andhra Pradesh Court September 1999 Judgments

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Sep 08 1999

K. Siddiah Naidu Vs. District Collector and ors.

Court: Andhra Pradesh

Decided on: Sep-08-1999

Reported in: 1999(5)ALT480

ORDERD.S.R. Varma, J.1. This writ petition is filed seeking issuance of a Writ of Certiorari, calling for the records from the respondents in D.Dis.B/762/97, dated 20-10-1998 of the Office of Mandal Revenue Officer, Tirupati (U) and quash the same as violative of Section 8 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and consequently implement the orders of the third respondent vide R.O.C No. B/762/97, dated 21-4-1998 and to make entries of Survey No. 148 /1,148/2A, 153 and 622 admeasuring Ac. 3-07 cents in Tirupati Mandal and issue a new Pattadar Pass Book and Title Deed in place of the Old Pass Book.2. At the interlocutory stage itself both the Counsel have consented for final adjudication. Hence this Order:The petitioner claims to be the owner and possessor of agricultural land admeasuring Ac. 3-07 cents in Survey Nos. 148/1,148/2-A, 11513 (sic. 153) and 622, situated at Tirupati Urban, Tirupati. He further claims that these lands are purchased under an agr...


Sep 08 1999

Patchala Seethramajah Vs. Commissioner of Income-tax

Court: Andhra Pradesh

Decided on: Sep-08-1999

Reported in: [1999]107TAXMAN305(AP)

Rao, J. This writ petition seeks refund of tax of Rs. 23,281 paid under the Voluntary Disclosure of Income Scheme, 1997 ('the Scheme') which was enunciated under the Finance Act, 1997 (26 of 1997). The petitioner has filed a declaration on 27-12-1997 under the said scheme disclosing the income for the years 1991-92 and 1992-93, for which no returns were filed by him under section 139(1) of the Income Tax Act, 1961 ('the Act'). Later, the petitioner had paid the tax as computed under the said declaration on 31-3-1998 and sought for the issuance of a certificate under the Scheme. However, the said payment of tax was beyond the prescribed period under the Scheme as there was a delay of one day. Since the declaration was filed on 27-12-1997, the tax had to be paid by the declarant within a period of three months from the date of declaration along with simple interest at 2 per cent per month as provided under section 67 of the Scheme. Therefore, the respondents declined to grant the certifi...


Sep 07 1999

In the Matter of Asian Coffe Limited

Court: Andhra Pradesh

Decided on: Sep-07-1999

Reported in: 2000(3)ALD94

1. This is a petition under Section 394 of the Indian Companies Act, 1956 for approving the scheme of amalgamation of the petitioner company M/s. Asian Coffee Limited (for short, 'ACL') with M/s. Consolidated Coffee Limited (for short, 'CCL').2. The petitioner company-ACL was incorporated on 4-11-1985 as a Public Limited Company. Its registered office is situated in Secunderabad in the State of Andhra Pradesh, The authorised share capital of the petitioner-company-ACL is Rs. 12,00,00,000/- divided into 1,20,00,000 equity shares of Rs.10/- each. The issued, subscribed and paid up share capital of the petitioner company-ACL is Rs.11,67,57,950/- divided into 1,16,75,795 equity shares of Rs.10/- each. The main objects of the petitioner company-ACL are to carry on the business of manufacture of Coffee, Tea, Chicory, Cocoa, Milk Powder, Condensed Milk, Cheese, Plain and flavoured, Yogada, Shrikhond and the like as also to carry on the business in the processing, manipulating, preparing, pres...


Sep 07 1999

C. Pushpalatha Vs. Executive Officer, Ttd, Triupathi and Another

Court: Andhra Pradesh

Decided on: Sep-07-1999

Reported in: 1999(6)ALD165

ORDER1. The petitioner working as Bill Clerk/Junior Assistant in the hostel attached to Sri Padmavathi Women's College(SPW College) since 1988 filed this wit petition in the year 1997 questioning the inaction on the part of the respondents in not regularising her services while conferring the said benefit to others working in the hostel.2. This Court on 6-11-1997 while admitting the writ petition issued Notice to the respondents in WPMP No.12480 of 1997, in which the petitioner sought a direction to the respondents to consider her case for regularisation as Junior Assistant, pending disposal of the writ petition. Having received the Notice from this Court, the respondents stopped payment of salary due to the petitioner. In those circumstances, the petitioner filed WPMP No.44685 of 1998 and my learned brother B. Sudershan Reddy, J., by order dated 31-3-1999, having held that there is no justification whatsoever on the part of the respondents in not paying any salary whatsoever to the pe...


Sep 07 1999

E. Veera Raju Vs. Presiding Officer, Labour Court and Another

Court: Andhra Pradesh

Decided on: Sep-07-1999

Reported in: 1999(6)ALD379; 1999(5)ALT212

ORDER1. The writ petitioner is a workman. The award passed by the Labour Court, Visakhapatnam refusing to grant any relief to the petitioner is challenged in this writ petition. He claims for reinstatement into service with backwages and continuity of service. The order of termination of his service by the respondent-employer is challenged.2. Before adverting to the question as io whether the petitioner is entitled for any relief, few relevant facts may be noticed: The petitioner joined the service of the respondent-establishment on 15-11-1959 as Field Supervisor of Sugarcane Fields. He applied for leave from 4-6-1975 to 12-6-1975 and afterwards extended the leaveupto the end of June, 1975. But according to him he resumed duty on 13-6-1975 and submitted his joining report to his immediate superior. But he was asked to wait for reallocation of work and accordingly he was directed to handed over the record to one Sri E. Satyanarayana Raju, Field Assistant Someswaram circle orally. Accord...


Sep 07 1999

M.M. HussaIn and Others Vs. Laminated Package (P) Ltd., Madras and Oth ...

Court: Andhra Pradesh

Decided on: Sep-07-1999

Reported in: 1999(6)ALD248; 1999(6)ALT529

1. The plaintiffs are the appellants. OS No.188 of 1978 on the file of the Principal Subordinate Judge, Visakhapatnam has been filed by the plaintiffs for a declaration that the plaintiffs are entitled to a sum of Rs.5,000/- per month under an agreement with a charge on the 1st defendant-company and personal liability of the Directors of the 1st defendant-company and to direct the defendants to pay the 1st plaintiff a sum of Rs. 14,000/- with a charge on the 1st defendant-company and also to direct the defendants to pay Rs.3,500/- to the 1st plaintiff with a charge on the 1st defendant-company and to direct the defendants to pay a sum of Rs.1,500/- to the 2nd plaintiff every month with a charge on the 1st defendant-company and make the Directors personally liable.2. For the sake of convenience the parties to this appeal will be referred to in accordance with their ranking in the suit.3. The averments in the plaint, in brief, are as follows:--The 1st plaintiff wasrunning 'Kamal Steel In...


Sep 07 1999

Loya Padmaja @ Venkateswaramma Vs. Loya Veera Venkata Govindarajulu

Court: Andhra Pradesh

Decided on: Sep-07-1999

Reported in: 1999(6)ALD413

ORDERMotilal B. Naik, J 1. This appeal is directed against the judgment and decree dated 4-2-1997 passed by the II Additional Subordinate Judge, Vijayawada in OP No.44 of 1993 annulling the marriage between the parties under Section 11 of the Hindu Marriage Act, 1955.2. For the purpose of convenience, the parties are referred to as appellant-wife and respondent-husband.3. Wife is the appellant before us. The respondent-husband filed a petition (OP No.44 of 1993) under Section 11 of the Hindu Marriage Act to declare that the alleged marriage between him and the appellant which took place on 15-9-1980 at Lord Venugopala Swamy Temple, Gudiwada as a nullity and to pass appropriate order in the circumstances of the case.4. According to the respondent-husband, he is a resident of Jaggayyapet as on the date of presenting the petition and was working as a driver in APSRTC at Jaggayyapet. Prior to moving to Jaggayyapet, the respondent lived in Gudiwada from the years 1982 to 1987.During his sta...


Sep 07 1999

Apsrtc Vs. Burri Sulochana and Others

Court: Andhra Pradesh

Decided on: Sep-07-1999

Reported in: 2001ACJ1222; 1999(6)ALD439; 1999(6)ALT808

1. The Andhra Pradesh State Road Transport Corporation filed this appeal against the judgment and decree dated 24-10-1991 in OP No.53 of 1990 on the file of the Motor Accidents Claims Tribunal (District Judge), Guntur, granting an amount of Rs.75,600/- by way of compensation to the petitioners/respondents, who are dependents of the deceased Bum Ramu.2. The brief facts of the case arc that, on 30-12-1989 at about 9 a.m. while the deceased Burri Ramu and his friend were going on Luna AHK 2805 to Vijayawada, the driver of the RTC bus bearing No.AEZ 5368 drove the same in a rash and negligent manner with high speed coming from Vijayawada and dashed against the Luna of the deceased near Dolas Nagar on National High Way No.5 i.e., Guntur to Vijayawada road, due to which the deceased Burri Ramu sustained multiple injuries and died and his friend sustained injuries. The death of the deceased occurred on the spot. The SHO, Tadepalli P.S. registered a case in Cr.No.195 of 1989. It was stated in ...


Sep 07 1999

K. Pannir Selvam Vs. M.M.T.C. Ltd. and anr.

Court: Andhra Pradesh

Decided on: Sep-07-1999

Reported in: 2000(1)ALT(Cri)121; [2000]99CompCas94(AP); 2000CriLJ1002

Vaman Rao, J. 1. This petition under Section 482 of the Criminal Procedure Code, 1973, has been filed by the sixth accused in C. C. No. 218 of 1997, on the file of the VIth Metropolitan Magistrate for Railways, Visa-khapatnam, for quashing the proceedings in the said case.2. Respondent No. 1, a company wholly owned by the Government of India, is the complainant in this case. There were some transactions between the complainant and A-1 company (Raghunath Cotton and Oil Products) as commission agent. Certain amounts were found due from accused No. 1-company to the complainant and subject to final settlement the accused agreed to pay Rs. 135 lakhs and issued a cheque dated November 6, 1994, for Rs. 65,00,000 drawn on the State Bank of India, Ongole branch on the account of accused No. 1-company. Another cheque dated November 29, 1994, for Rs. 70 lakhs drawn on the same bank on the same account was also issued under the signature of the managing director of the company who is the second ac...


Sep 07 1999

Koppala Eshwar and anr. Vs. Chief Electoral Officer and anr.

Court: Andhra Pradesh

Decided on: Sep-07-1999

Reported in: 1999(5)ALT635

ORDERB. Subhashan Reddy, J.1. This writ petition has been filed questioning the Order dated 31-8-1999 passed by the 2nd respondent rejecting the nomination of the petitioner on the ground that he is an employee of Singareni Collieries Company Limited.2. The said action was taken by the 2nd respondent on the complaint received by him that the petitioner is working in Singareni Collieries Company Limited and that the same is contrary to the declaration made by him in the nomination form that he is qualified and not disqualified to contest the election.3. One of the grounds in Rule 33-A (c) of the Representation of the People Act read with Article 191 of the Constitution of India for ineligibility for contesting the elections is that the candidate should not hold an office of profit.4. Mr. K. Vasudeva Reddy, the learned Counsel for the petitioners, submits that the petitioner, even though, is employed in Singareni Collieries Company Limited, Singareni Collieries Company Ltd, is only a Com...


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