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Andhra Pradesh Court September 1999 Judgments

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Sep 21 1999

Konala Maniyya Vs. K. Sambasivarao and Others

Court: Andhra Pradesh

Decided on: Sep-21-1999

Reported in: 2001ACJ112; 1999(6)ALD703; 1999(6)ALT663

1. This appeal is filed by the claimant, aggrieved by the judgment and decree dated 19-5-1992 passed in MOP No.168 of 1991 on the file of the learned III Additional District Judge, Visakhapatnam, dismissing the claim of the appellant-claimant.2. The brief facts of the case are that on 14-12-1990 at about 5.00 a.m., the oil tanker, bearing No.AHQ 5499, belonging to the petitioner, which was transporting Molasses from Bobbili Sugar Factory toSamalkot Sugar Factory, when stopped on the extreme left side of the road, the lorry bearing No.AIC 3389, belonging to the second respondent, driven by its driver-first respondent, came in opposite direction in a rash and negligent manner, dashed against the petitioner's vehicle as a result, the petitioner's vehicle was damaged. Therefore, the petitioner filed a claim petition claiming compensation of Rs.61,602/-.3. It is stated that the respondents 1 and 3 remained ex parte. In view of the claim made by the petitioner, the fourth respondent-Insuranc...


Sep 21 1999

Commissioner of Income-tax Vs. Hyderabad Bottling Co. P. Ltd.

Court: Andhra Pradesh

Decided on: Sep-21-1999

Reported in: (2000)162CTR(AP)391; [2000]243ITR476(AP)

P. Venkatarama Reddi, J.1. In this reference case arising at the instance of the Revenue, the High Court is called upon to answer the following question of law :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in holding that the assessee is entitled to be covered by exemption under Section 37(3D) in respect of the expenditure on advertisement and publicity incurred on its new product 'Thums up' on the ground that the assessee had set up a new industrial undertaking for manufacturing the said new product ?'2. The respondent-assessee which is a private limited company engaged in the manufacture and sale of soft drinks, had introduced a new product known as Thums up into the market in the month of July, 1978, i.e., during the year previous to the assessment year 1979-80. For the production of this new soft drink, the Tribunal found that the assessee added an additional storage tank, etc., and made substantial investments for that...


Sep 21 1999

A.P.S.R.T.C. Vs. Jaweed Farooqui and anr.

Court: Andhra Pradesh

Decided on: Sep-21-1999

Reported in: 2000(3)ALT444

Elipe Dharma Rao, J.1. This appeal is filed by the appellant-A.P.S.R.T.C. aggrieved by the judgment and decree passed in O.P. No. 886 of 1992, dated 21-12-1994 on the file of the learned Additional Chief Judge, City Civil Court, Hyderabad.2. The brief facts of the case are that on 10-3-1992 at about 7.00 a.m., while the deceased was proceeding towards Rethi Bowli side on his scooter bearing No. AHO 7387 from Lasmic Tutorial Centre, so as to bring his Lecturer, and when he reached in front of Sarvi Hotel, Mehdipatnam, a bus bearing No. AAZ 5935, belonging to A.P.S.R.T.C., which was also proceeding in the same direction driven by its driver in high speed and in a rash and negligent manner, dashed against the deceased. Due to the said accident, the deceased died on the spot. At the time of the accident he was studying Intermediate and also doing part-time job in Ex-Defence Police Security Services, Panjagutta, Hyderabad, and earning an amount of Rs. 1,000/- per month and also getting a co...


Sep 21 1999

Commissioner of Income-tax Vs. Hyderabad Bottling Co. (P.) Ltd.

Court: Andhra Pradesh

Decided on: Sep-21-1999

Reported in: [2000]111TAXMAN129(AP)

REDDI, J. In this Reference Case arising at the instance of revenue, the High Court is called upon to answer the following question of law :'Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the assessee is entitled to be covered by exemption under section 37(3D) in respect of the expenditure on Advertisement and Publicity incurred on its new product. 'Thums Up' on the ground that the assessee had set up a new industrial undertaking for manufacturing the said new product ?'2. The respondent-assessee which is a private limited company engaged in the manufacture and sale of soft drinks had introduced a new product known as Thums Up into the market in the month of July 1978, i.e., during the year previous to the assessment year 1979-80. For the production of this new soft drink, the Tribunal found that the assessee added an additional storage tank, etc., and made substantial investments for that purpose. An amount of Rs. 78,749 was incur...


Sep 20 1999

Kovvuru and Company Vs. Superintending Engineer, Nandyal and Another

Court: Andhra Pradesh

Decided on: Sep-20-1999

Reported in: 2000(3)ALD112; 1999(5)ALT787

ORDER1. The petitioner firm claims to be a Special Class Contractor. It is stated that the petitioner has taken up several contract works for the State Government and has successfully completed such works. On 14-10-1997 the first respondent issued a notice calling for tenders from contractors for certain works. The petitioner had submitted his tender for the work 'Earth work excavation for seating of lining and providing lining of minors and sub-minors of Pandlapuram major in Block No.VIII of SRBC'. It is submitted that the petitioner's tender was the lowest and other persons who had participated had quoted higher rates than the petitioner. The respondents did not allot the work to the petitioner but cancelled the tenders and fresh tenders have been invited now vide notice CRNo.2952-In/LN-4166-IN dated 20th August, 1999. The last date for obtaining tenders is upto 21st September, 1999 and the tenders will be opened on 23rd September, 1999. The petitioner applied for tender documents in...


Sep 20 1999

Mundru Venkateswarlu Vs. United India Insurance Company Ltd., Ongole a ...

Court: Andhra Pradesh

Decided on: Sep-20-1999

Reported in: 2001ACJ229; 1999(6)ALD516; 1999(6)ALT705

1. This appeal was filed by the claimant against the judgment and decree dated 10-8-1994 in OP No.335 of 1990 on the file of the Chairman (District Judge), Motor Accident Claims Tribunal, Ongole, whereby the Tribunal has awarded a compensation of Rs.48,000/- with interest at 12% per annum for the injuries sustainedby him in a motor vehicle accident that was occurred on 27-7-1990 when the petitioner alongwith some others were engaged as coolies for transporting the earth in the tractor of the first respondent bearing No.APO-9668 attached with trailor No.AAE-6640 and white transporting the eight trip at the time of unloading the same at Nagalakalva and when the petitioner was standing by the side of the trailer, the driver of the tractor lifted the trailor, but since earth was struck in the trailor, due to mositure, to make the earth fell down the driver without noticing the presence of the petitioner moved the tractor forward and backward, as a result of which it hit the petitioner caus...


Sep 20 1999

Vasantha Rao and Others Vs. L. Jagannath Singh

Court: Andhra Pradesh

Decided on: Sep-20-1999

Reported in: 1999(6)ALD648; 1999(6)ALT526

ORDER1. This Civil Revision Petition is filed against the orders passed by the learned Additional Chief Judge, City Small Causes Court, Hyderabad in RA No.114 of 1988 dated 24-1-1994 setting aside the order of the learned Additional Rent Controller, Secunderabad in RC No.55 of 1982 dated 29-2-1988.2. The petitioners are the landlords of Mulgi No.7124 now renumbered as 1-3-38 and 1-3-39 of Mahankali Street, Secunderabad. In this case we are concerned only with the mulgi bearing No. 1 -3-39. The father of the petitioners purchased this premises. Even by that date itself the respondent was tenant. Therefore, tenancy was attorned in favour of the petitioner purchaser. Subsequently in the year 1982 the petitioners filed application before the Rent Controller for eviction of the tenant on the ground of personal requirement namely to commence business in kirana and general stores for petitioners 3 and 4. That application was allowed by the Rent Controller on 29-2-1988 against which an appeal ...


Sep 20 1999

State Bank of India, Jeedimetla Vs. Ind. Bank Merchant Banking Service ...

Court: Andhra Pradesh

Decided on: Sep-20-1999

Reported in: 1999(6)ALD734; 1999(6)ALT426

ORDER1. The revision petitioner assails the order dated 18-08-1998 passed by the learned VII Senior Civil Judge, City Civil Court, Hyderabad, in IA No.148 of 1998 filed in IA No.1866 of 1997 in OS No.1509 of 1997.2. The 1st respondent herein filed the suit in OS No.1509 of 1997 for recovery of lease rentals from the 2nd respondent herein. It appears that the 1st respondent supplied certain machinery to the 2nd respondent and the 2nd respondent sub-leased the same to respondent Nos. 3 and 4. Since the 2nd respondent has failed to pay the lease rentals, the 1st respondent filed the suit for recovery of the same in an amount of Rs.1,80,46,266/-. In that suit the 1st respondent filed IA No.1866 of 1997 under Order 39 Rule 10 of Civil Procedure Code (for short the Code) seeking a direction from the Court to respondents 3 and 4 who are sub-lessees to deposit the amount into Court which is lying with them. After hearing both the parties an order has been passed in IA No. 1866 of 1997 by the C...


Sep 20 1999

Alla Sambi Reddy Vs. Sri Seetharamachandraswamy Vari Devasthanam Rep. ...

Court: Andhra Pradesh

Decided on: Sep-20-1999

Reported in: 2000(1)ALT777

S. Ananda Reddy, J.1. The petitioner is assailing the action of the respondent - Executive Officer, Sri Seetharamachandra Swamy Vari Devasthanam, Bhadrachalam in fixing the seniority of the 4th respondent above the petitioner. 2. It is stated that the petitioner was appointed as Junior Assistant in the 1st respondent institution on 3-9-1970 and the 4th respondent was appointed in the same cadre on 15-2-1972. Later the petitioner was promoted as Sr. Assistant (U.D.C) on 18-8-1983 while the 4th respondent was promoted as Sr. Assistant on 29-8-1986. Thereafter, the 4th respondent was promoted as Superintendent on 6-10-1989 while the petitioner was promoted as Superintendent on 22-1-1990. The petitioner being aggrieved by the said action, made representations to respondents 1 to 3. In fact, a communication was also issued by the 3rd respondent to the 2nd respondent calling for the information why the petitioner was overlooked and his junior, 4th respondent was promoted. Thereafter, the 2nd...


Sep 20 1999

Sangeetam Venkata Reddy Vs. Govt. of A.P. and ors.

Court: Andhra Pradesh

Decided on: Sep-20-1999

Reported in: 1999(5)ALT694

P. Venkatarama Reddi, J.1. The petitioner seeks a writ to declare G.O. Rt.No. 3776 (General Administration-SC.E. Department), dated 20-l0-987 issued by the first respondent by order of H.E. the Governor and the report dated 12-4-1988 submitted by the 3rd respondent pursuant thereto, as illegal and without jurisdiction and to set aside the same. By the said G.O., the Governor in exercise of powers under Sub-section (3) of Section 18 of Andhra Pradesh Lok Ayukta and Upa-Lok Ayukta Act, 1983 (hereinafter referred to as the Act), required the Hon'ble Lok Ayukta to investigate the allegations mentioned therein against the public servants named therein. The definition of public servant includes a Minister who is a member of Council of Ministers of the State of Andhra Pradesh and a Member of State Legislature either present or past. At the relevant point of time when the impugned order was passed, the petitioner was a Member of the State Legislature. Earlier he was a Minister for Mines etc. I...


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