Andhra Pradesh Court November 2000 Judgments
Sammarth Horological (P) Ltd. Vs. Yenkey Drugs and Pharmaceuticals Ltd ...
Court: Andhra Pradesh
Decided on: Nov-30-2000
Reported in: 2001(1)ALD402
ORDER1. This company petition is filed by the petitioner purporting to be under Sections 433(e) and (f) and 439 of the Companies Act, 1956 praying that the respondent-Company be wound up on the ground that the respondent-Company is not able to pay its debts.2. Notice before admission was ordered on 28-4-2000. Thereafter, the matter under went several adjournments and finally on 29-8-2000 proof of service is filed into the Court by the petitioners. Though notice was served on the respondent, nobody appeared on 29-8-2000 on behalf of the respondent. However, this Court felt it appropriate to adjourn the matter and directed that the matter be listed on 11-10-2000. Again the matter appeared on 11-10-2000. At that point of time Sri G. Narendar Raj, learned Counsel, appeared on behalf of the respondent and sought time to file counter and the matter was directed to be listed to today i.e., on 30-11-2000.3. A memo signed by the learned Counsel for the respondent Sri G. Narendar Raj dated 28-11...
Tag this Judgment!Rayapati Venkateswara Rao Vs. Mantai Sambasiva Rao and anr.
Court: Andhra Pradesh
Decided on: Nov-30-2000
Reported in: II(2001)ACC300; 2001ACJ2105; 2001(1)ALT169; (2002)IVLLJ339AP
ORDERN.V. Ramana, J.1. The appellant-applicant filed this appeal being aggrieved by the order dated February 20, 1996 passed by the Commissioner for Workmen's Compensation, I Circle, Guntur in W.C. No. 8/1995 which was filed by the applicant claiming an amount of Rs. 1,15,000/-towards compensation for the injuries sustained by him in a motor vehicle accident occurred on December 18, 1994 during course of his employment. The brief facts of the case are as follows:The applicant was working as cleaner on the lorry AAE 7999 owned by the Opposite Party-I, that on December 18, 1994 while the applicant during course of his employment was proceeding in the lorry AAE 7999, the driver of the vehicle drove at high speed in a rash and negligent manner and without taking proper care and as a result the brakes of the lorry failed and the lorry turned turtle and the applicant received grievous injuries to his right leg and operations were conducted on his right leg and steel rods were inserted and he...
Tag this Judgment!Kambham Raja Reddy and Others Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Nov-29-2000
Reported in: 2001(1)ALT51
ORDER1. The petitioners in the instant writ petition pray for issuance of a writ of mandamus declaring the action of the respondents in interfering with the possession and enjoyment of the lands admeasuring an extent of Ac.1-50 cents in Sy.No.234/45 and 46, Ac.4-00 cents in Sy.No.234/11 and 47P, Ac.0-50 cents in Sy.No.234/41 and A. 1-00 cents in Sy.No.234/42 situated at Tiruchanoor village, Chittoor, District as arbitrary, illegal and without jurisdiction. 2. The facts in detail may have to be noticed before adverting to the question as to whether the petitioners are entitled for any relief in this writ petition. 3. The Tiruchanoor village, according to the petitioners, is a minor Inam village and the provisions of the A.P. Inams (Abolition and Conversion into Ryotwari) Act, 1956 (for short 'the Act') was made applicable to this particular village. The petitioners applied for grant of Ryotwari pattas under Section 7 of the Act. The lands of which the details are as follows: Name of the...
Tag this Judgment!G. Aagamaiah Vs. Director, Nrsa, Hyderabad and Others
Court: Andhra Pradesh
Decided on: Nov-29-2000
Reported in: 2001(2)ALD205; 2001(1)ALT651; (2002)IVLLJ325AP
ORDER1. The erstwhile Helper in National Remote Sensing Agency (for short 'NRSA') invoked jurisdiction of this Court under Article 226 of the Constitution of India by filing this writ petition seeking for a declaration that the action of the respondent in preventing the petitioner to attend the duty as illegal as it offends Articles 14 and 16 of the Constitution of India. He further seeks declaration that he is entitled to be regularised in the cadre of Helper from the date of his original appointment as NMR Helper with all consequential benefits.2. The factual matrix leading to the filing of this writ petition is set out as hereunder:The writ petitioner was temporarily appointed as Helper by the respondent agency on a consolidated salary of Rs.750/-per month and since then he has been continued as Helper with break of one or two days for every six months. The petitioner was qualified to be appointed as Helper and in accordance with the recruitment rules he has submitted his applicatio...
Tag this Judgment!Sala Satish Kumar and ors. Vs. Chief Commissioner of Income-tax and or ...
Court: Andhra Pradesh
Decided on: Nov-29-2000
Reported in: [2001]250ITR138(AP)
S.R. Nayak, J.1. Petitioners Nos. 1 to 4, i.e., son, mother, wife and son, respectively, are the legal representatives of the assessee, namely, one Sri S. V. Gopal Rao. On January 27, 1983, a search was conducted in the business premises of S. V. Gopal Rao and that culminated in substantial demands for the assessment years 1982-83 to 1984-85 directing the asses-see, to pay a sum of Rs. 14,50,000 towards income-tax and Rs. 10,000 towards penalty. The assessee preferred an appeal before the Tribunal and the same was also dismissed on July 17, 1990. Even before the Tribunal disposed of the appeal, in the year 1987, the third respondent passed an order attaching various immovable properties of the petitioners for recovery of the outstanding tax. The petitioners herein filed objections contending that the attached properties are not liable to be attached and they belong to the Hindu undivided family. The objections filed by the petitioners were rejected by the third respondent on March 5, 1...
Tag this Judgment!Dadi Reddy Sivanarayana Reddy Vs. Kasi Reddy Chinnamma
Court: Andhra Pradesh
Decided on: Nov-28-2000
Reported in: 2001(1)ALD349; 2001(1)ALT524
ORDER1.This civil revision petition is filed against the order dated 18-7-2000 in OS No.337 of 1998. By the said order the Court of Principal Junior Civil Judge sustained the objection of the Counsel for defendant for marking the suit document and held that the suit document is unregistered sale deed and hence it is inadmissible in evidence.2. The facts in brief are as follows : The plaintiff-revision petitioner (hereinafter called 'the plaintiff') filed a suit against the respondent-defendant (hereinafter called 'the defendant') for specific performance of agreement of sale dated 15-4-1984 executed by the defendant in respect of agricultural land in S.No.201/1 admeasuring Ac.1.60 cents situated at Gillella village, Proddutur Mandal. The plaintiff also sought the relief of permanent injunction. During the trial, when the plaintiff sought to mark the document dated 15-4-1984 the Counsel for the defendant raised objection that the suit document is sale deed and for want of registration a...
Tag this Judgment!Putti Satyanarayana Rao Vs. State
Court: Andhra Pradesh
Decided on: Nov-28-2000
Reported in: 2001(2)ALD716; 2001(1)ALD(Cri)833; 2001CriLJ1026
ORDER1. Heard both sides.2. This petition under Section 482 of Cr.PC seeks quashing of the proceedings in Crime No.6/CR-RJY of 1995 dated 14-9-1995 on the file of the ACB Police Station, Rajahmundry, which it is now revealed that has led to filing of charge-sheet against the petitioner-accused and was taken cognizance as calendar case, on the ground that the complainant in this case was the investigating officer.3. The facts leading to this petition may be stated briefly as follows:The petitioner has been working as Deputy Commercial Tax Officer (Revision) in the office of the Deputy Commercial Taxes No.II Division, Vijayawada at the relevant time. According to the petitioner, he had an unblemished record and won commendation certificate for his outstanding performance. The Inspector of Police, ACB, Kakinada, Rajahmundry Range, Sri Sarveswara Rao made a complaint on 14-9-1995 against the petitioner under Section 13(2) read with Section 13(1)(c) of the Prevention of Corruption Act, 1988...
Tag this Judgment!Chunduri Balaji Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Nov-28-2000
Reported in: 2000(6)ALD714; 2000(6)ALT412
ORDER1. The petitioner in this writ petition prays for issuance of an appropriate writ, particularly, one in the nature of mandamus directing respondents 1 to 3 herein to absorb, regularise and confirm the services of the petitioner as Scientific Assistant Grade-A. The petitioner also prays for according all consequential and attendant benefits as regards salary, allowances and other benefits on par with regular employees in the second respondent-establishment.2. It may be necessary to notice the relevant facts leading to filing of thiswrit petition : The petitioner is a science graduate. He is a diploma holder in Computers from NIIT, Hyderabad. He was initially appointed as a Lower Division Clerk (Junior Assistant) under the 4th respondent on 23-1-1985. In the present writ petition, we are really not concerned with his appointment and continuation for some time as Junior Assistant under the 4th respondent.3. The third respondent herein by a notification dated 10-1-1992 invited applica...
Tag this Judgment!3-star Electronics Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Nov-28-2000
Reported in: [2001]123STC47(AP)
ORDERS.R. Nayak, J. 1. In this T.R.C. the following questions are said to arise for decision :1. Whether, on the facts and in the circumstances of the case, the order of the Tribunal was legal, just and proper ?2. Whether, on the facts and in the circumstances of the case, the honourable Sales Tax Appellate Tribunal was right in holding that there are no valid reasons for condonation of delay in filing of first appeal ?3. Whether, on the facts and in the circumstances of the case, the Sales Tax Appellate Tribunal was correct in law in rejecting the contention of the petitioner that the judgment of the Karnataka High Court in Builders Association of India v. State of Karnataka [1990] 79 STC 442 could not have been the basis for the belated appeal, in view of the exposition of law by the Karnataka High Court ?2. The first appeal itself was presented before the first appellate authority, Appellate Deputy Commissioner (CT), Secunderabad, with a delay of one year five months and eighteen da...
Tag this Judgment!Faruk Anvar Co. Vs. Commissioner of Commercial Taxes
Court: Andhra Pradesh
Decided on: Nov-28-2000
Reported in: [2001]123STC245(AP)
ORDERS.R. Nayak, J.1. These appeals arise out of the common order passed by the Commissioner of Commercial Taxes, Hyderabad, the first respondent herein. The question that falls for our consideration in both the appeals is common and hence both the appeals were heard together and they are being disposed of by this common order.2. The precise question that fell for consideration before the appellate authority and the revisional authority is whether the appellant herein has received the very same oil duly refined which was earlier purchased from local registered dealers in the State of Andhra Pradesh and sent to the Refinery situate at Raichur. The answer to this question determines the sales tax liability of the appellant. We have perused the order of the appellate authority and the order of the first respondent. The appellate authority on consideration of the relevant documents such as purchase bills, way bills, lorry receipts, delivery notes, packing slips and GP-1 gate passes for rem...
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