Andhra Pradesh Court January 2000 Judgments
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Model Financial Corporation Ltd. Vs. Montana International Limited
Court: Andhra Pradesh
Decided on: Jan-22-2000
Reported in: (2000)2CompLJ229(AP)
ORDERA. Gopal Reddy, J.1. This is an application filed by the applicant for a direction to the Official Liquidator to hand over the equipments, i.e., hot air generators (2 Nos.) HD-120 along with accessories as per specifications to the applicant which were given to the respondent company in liquidation under hire purchase agreement.2. The petitioner is the hirer and M/s Montana International Limited (company in liquidation) approached the applicant company for purchase of hot air generators along with accessories following specifications mentioned in the invoice of A & M Technologies (P) Ltd. The company in liquidation submitted a proforma invoice along with duly filled application to the applicant for financial assistance. As the proposal submitted by the respondent company in liquidation is found to be viable, the applicant company accepted to extend financial assistance and also entered into a hire purchase agreement with the applicant company on 24.4.1996 for a sum of Rs. 23,60,60...
Provident Fund Inspector Vs. Shama Beedi Factory and ors.
Court: Andhra Pradesh
Decided on: Jan-22-2000
Reported in: 2000(1)ALD(Cri)369; 2000CriLJ3427
ORDERB. Sudershan Reddy, J.1. This batch of criminal appeals may be disposed of by a common judgment as the same question arises for consideration in all these appeals. That apart, the parties in all these appeals are also the same.2. The Provident Fund Inspector preferred these appeals against the judgment of the learned I Addl. Munsiff Magistrate, Warangal dismissing the complaints on the ground that they are barred by limitation under Section 468 of the Code of Criminal Procedure (for short 'the Code'). The respondents-accused were accordingly acquitted under Section 255(1) of the Code. Hence this batch of appeals.3. The appellant herein filed the complaints against the respondents-accused alleging that in spite of several requests and persuasions, the respondents-accused have failed to submit the annual returns in Form 6-A for the years 1978-79 to 1984-85, and thus contravened the paragraph 38(3) of the Employees' Provident Funds Scheme, 1952 (for short 'the Scheme'). The appellant...
R. Srihari and Another Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Jan-21-2000
Reported in: 2000(2)ALD113; 2000(1)ALT428
ORDERM.S. Liberhan, C.J.1. General election for Andhra Pradesh Assembly to be held on 18-9-1999 was notified. On the murder of the Telugu Desam Party candidate on 15-9-1999, election for Sirpur Assembly constituency was postponed. Andhra Pradesh Government issued notification dated 26-11-1999 permitting Telugu Desam Party to nominate its candidate if so advised. Election Commission too, in exercise of its powers under Section 52 of the Representation of People Act, 1951 (hereinafter referred to as 'the Act of 1951'), asked the Telugu Desam Party to nominate its candidate vide its letter dated 26-11-1999. The dates for filing nomination, scrutiny, withdrawal and holding of election were fixed and notified.2. The petitioner challenged the vires of Section 52 of the Act of 1951. The notification scheduling the postponed election, and letter of Election Commission was impugned albeit, democracy, within the Constitution, is basic structure. Parts XV and XVI of the Constitution provide for e...
Md. Khadeer Alias Khadeer Vs. the State of Andhra Pradesh Through the ...
Court: Andhra Pradesh
Decided on: Jan-21-2000
Reported in: 2000(1)ALD(Cri)643; 2000(1)ALT(Cri)398
Motilal B. Naik, J.1. All these appeals arise out of the judgment in Sessions Case No.20 of 1994, dated 29th June, 1996 on the file of the Metropolitan Sessions Judge, Hyderabad.2. Before the trial Court, the accused were tried for the following charges, viz., FIRSTLY, that you A-1 to A-3 on or about 23-2-1993 at about 7.45 PM at Red Hills, Hyderabad, in furtherance of your common intention, did commit murder by intentionally or knowingly causing the death of Haji Mohd. Yakub by stabbing him with knives and that you thereby committed an offence punishable u/s 302 r/w 34 IPC ; SECONDLY, that you A-1 to A-3 on or about 23-2-1993 at about 7-45 PM at Red Hills, Hyderabad in furtherance of your common intention, committed robbery of property of net cash of Rs.2,32,018/- and eight demand drafts for Rs.1,60,000/- belonging to Haji Mohd. Yakub and that you thereby committed an offence punishable u/s 392 r/w 34 IPC; THIRDLY, that you A-1, on the date, time and place as mentioned in charge No.1 ...
The Public Prosecutor, High Court of A.P. Vs. Gali Suryanarayana
Court: Andhra Pradesh
Decided on: Jan-21-2000
Reported in: 2000(1)ALD(Cri)387; 2000(1)ALT(Cri)194; 2000CriLJ1753
Ramesh Madhav Bapat, J.1. The State of Andhra Pradesh has preferred the present appeal questioning the order of acquittal of the accused in Sessions Case No. 20 of 1997 for the offence punishable under Section 302, IPC by the learned Sessions Judge, Srikakulam but convicting and sentencing him for the offence punishable under Section 304, Part-II, IPC to suffer R.I. for five years and to pay a fine of Rs. 2,000 in default to suffer S.I. for six months.2. Initially, the accused was prosecuted for an offence punishable under Section 302, IPC. On evidence, the learned Judge convicted the accused for an offence punishable under Section 304, Part-II, IPC and sentenced him as stated above. This sentence was felt inadequate by the State and, therefore, the present appeal has been filed.3-4. The case of the prosecution can be briefly stated as follows :That the deceased Gali Kannarao happened to be the son of P.W. 1 and the accused Gali Suryanarayana is a son of brother of PW 1. There was a di...
Union of India and Others Vs. Srinivasa Forest Co-operative Stone Cove ...
Court: Andhra Pradesh
Decided on: Jan-20-2000
Reported in: 2000(2)ALD170
1. This revision petition is filed by Union of India represented by the General Manager, South Central Railway questioning the order of the Third Additional Judge, City Civil Court in OP No. 117 of 1993 whereby the learned Judge allowed the respondent's application under Section 8 of Arbitration Act for appointment of sole arbitrator to settle the disputes arising out of the Agreement No.50/W/BG/91 dated 14-2-1992 entered into between the petitioner and the respondent. The learned Judge appointed Sri Padmanabha Gowd, retired District Judge as sole arbitrator.2. The respondent was awarded a contract by the Railway Administration for stacking and leading of 50 mm., gauge stone ballast between KM 129-135 SC-WD Section. The respondent contractor claimed that the Railway Administration did not pay for the work done pursuant to the said agreement. As the agreement contains an arbitration clause as per clause 64 of the General Conditions of Contract, the respondent applied to the General Mana...
P. Shanker Rao Vs. B. Susheela
Court: Andhra Pradesh
Decided on: Jan-20-2000
Reported in: 2000(2)ALD147; 2000(2)ALT606
ORDER1. This CRP is filed against an order granting police aid for implementation for the temporary injunction granted by the trial Court pending the suit for perpetual injunction. By the interim injunction, the petitioner herein was restrained from evicting the plaintiff-respondent from the suit schedule properly. The petitioner in this revision is the defendant in the suit.2. The learned trial Judge relied on the decision of this Court in Vinedale Distilleries Ltd. v. Sanman Distributors Ltd., 1993 (2) APLJ 5 (SN), in support of the proposition that the Court is empowered to direct police aid to ensure implementation of the injunction order. The learned Counsel for the petitioner however relies on the decision in J. Jagannath Reddy v. L. Laxmi Devi, : 1998(1)ALD453 . The learned Judge was of the view that Section 151, CPC cannot be invoked to seek police aid for protection of alleged possession pending the suit. The learned Judge observed as follows:'If there is an order in the natur...
U. Shankaraiah Vs. District Co-operative Central Bank, Medak and Other ...
Court: Andhra Pradesh
Decided on: Jan-20-2000
Reported in: 2000(2)ALD307; 2000(3)ALT404
ORDER1. Aggrieved by the action of the second respondent Society in removing him from the post of Paid Secretary by a resolution dated 6-6-1989, the petitioner filed the present writ petition.2. The case of the petitioner is that he was working as Paid Secretary in the 2nd respondent-Society since several years and he was performing his duties to the satisfaction of the superior officers. However, the 3rd respondent, who is the President of the Managing Committee of the 2nd respondent-Society, with a mala fide intention and to cover up his own laches, got a resolution passed by the Society on 6-6-1989 removing him from the post of Paid Secretary on the allegation that he has misutilised some funds of the Society. It is his further case that no enquiry, whatsoever, was conducted into the said allegation and he was not given any opportunity to explain his case before the said resolution was passed. That resolution is now under challenge in this writ petition.3. Sri R. Subhash Reddy, the ...
M. Janardhan Reddy and Others Vs. Joint Collector, Adilabad Dist. and ...
Court: Andhra Pradesh
Decided on: Jan-20-2000
Reported in: 2000(2)ALD619
ORDER1. Heard the learned Counsel for the petitioners and the learned Government Pleader for Revenue.2. Aggrieved by the demand of the 2nd respondent Mandal Revenue Officer demanding wet land revenue for the lands possessed and cultivated by the petitioners, the present writ petition is filed.3. The petitioners herein are the joint owners of the lands admeasuring Ac.34-38guntas in S. Nos.45/2, 69, 70 to 74 and 78 of Jogapur village, Nennal Mandal, Adilabad district. They were cultivating these lands by erecting a cross-bund to a spring channel that was passing besides their lands. These lands were being treated as dry lands by the Revenue authorities and the petitioners were paying land revenue accordingly. However, during the year 1971-72, when the Tahsildar, Chennur sought to collect wet land revenue for these lands, the petitioners approached the Jama Bandi Officer. The Jama Bandi Officer, on a consideration of the material on record, held that the petitioner need not pay wet land r...
Commissioner of Income-tax Vs. National Bankatlal Parekh and Co.
Court: Andhra Pradesh
Decided on: Jan-20-2000
Reported in: [2000]243ITR182(AP)
P. Venkatarama Reddi, J. 1. The Income-tax Appellate Tribunal, Hyderabad A-Bench, has referred the following questions for the opinion of this court :'1. Whether, on the facts and in the circumstances of the case and in the absence of a specific agreement in the instrument of partnership stating that the death of a partner would not dissolve the partnership the Appellate Tribunal was correct in law in inferring that an implied contract existed amongst the partners that the demise of any one of them would not dissolve the partnership ?2. Whether, on the facts and in the circumstances of the case, the finding of the Income-tax Appellate Tribunal that there was no dissolution of the partnership on October 21, 1980, was based on any evidence or material and was free from perversity ?' 2. The appeal before the Tribunal arises out of a reopened assessment under Section 147(b) for the year 1981-82 (period ending on October 21, 1980). The assessing authority made an addition of Rs. 62,508 by i...
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