Andhra Pradesh Court March 2000 Judgments
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S. Suresh and Another Vs. Syed Omer and Others
Court: Andhra Pradesh
Decided on: Mar-13-2000
Reported in: 2000(2)ALD768; 2000(3)ALT62
ORDER1. The first defendant and the third defendant, who was brought on record as the legal representative of the deceased-second defendant in the suit, are the appellants in this second appeal. First respondent-plaintiff field the suit against defendants 1 and 2 for recovery of vacant possession of the suit site after ejecting the defendants therefrom. As the second defendant died during the pendency of the suit, her LRs were brought on record as defendants 3 and 4. The fourth defendant is arrayed as second respondent in this second appeal.2. There is not much controversy about the facts of the case. The plaintiff, who is the owner of the suit site ad measuring 1555 sq.yds in Hayatnagar village, leased out the same to the first defendant under lease deed dated 10-12-1979 (marked as Ex.A2) for a period of 10 years initially with an option for the lessee to renew the lease for a further period of 10 years by giving prior notice of not less than six months before the expiry of the lease ...
Kannapu Reddy Venkata Subbareddy Vs. Gopavaram Rama Krishna Reddy
Court: Andhra Pradesh
Decided on: Mar-13-2000
Reported in: 2000(3)ALD484; 2000(3)ALT441
ORDER1. This second appeal by the sole defendant in the suit is directed against a reversing judgment. The sole respondent-plaintiff has filed the suit for the recovery of a sum of Rs. 17,294-24 ps., on the foot of a promissory note dated 6-5-1983 executed by the defendant in his favour for a sum of Rs. 10,054-79 ps., repayable with interest @24% per annum.2. The defendant while admitting the execution of the suit pro-note pleaded that no cash was lent under the suit pro-note, but the same was executed in renewal of prior promissory notes. According to him, he initially borrowed Rs.2,000/- only under a pro-note dated 5-6-1974, which was renewed by executing a fresh pro-note dated 30-5-1977 for Rs.3,432/-. That on 30-5-1980, he made a part payment of Rs.20/- thereunder, which was endorsed thereon, and ultimately on 6-5-1983, they suit pro-note was obtained by the plaintiff for Rs. 10,054-79 ps., calculating interest at 24% p.a., from the inception. The defendant further pleaded that he ...
Katragadda Vijaya Lakshmi Vs. Alla Bhavannarayana
Court: Andhra Pradesh
Decided on: Mar-13-2000
Reported in: 2000(3)ALD487; 2000(3)ALT541
ORDER1. This revision arises out of the order dated 8-7-1996 in IA No.428 of 1996 in OS No.22 of 1993 on the file ofthe Court of I Additional District Munsif, Machilipatnam, refusing to extend time for deposit of the sale consideration as directed in the decree for specific performance obtained by the petitioner (plaintiff) decree holder.2. The revision petitioner obtained a decree for specific performance against the respondent in OS No.22 of 1993. The operative portion of the judgment reads as under:'The defendant is directed to execute a regular sale deed after receipt of the balance of sale consideration with interest at 12%p.a., from 15-8-1983 after getting the site measured as agreed in Ex.A1 contract of sale. The plaintiff is directed to deposit the balance of sale consideration after due measurement of the site and after deducting the part payments made under Exs.A2 to A5 and counter interest thereof and also by deducting the amount already deposited in Court within two months ...
Sarvaraya Textiles Ltd. Vs. Commissioner of Commercial Taxes, Govt. of ...
Court: Andhra Pradesh
Decided on: Mar-13-2000
Reported in: 2000(2)ALT301
ORDERP. Venkatarama Reddi, J.1. The petitioner which is said to be a sick industrial company questions the action of the respondents in seeking to recover the profession tax dues for the years 1997-98 to 1998-2000 (up to August, 2000) to the tune of Rs. 3,03,852 - by the impugned notice dated 23-10-1999 issued by the second respondent. It is the contention of the petitioner that in view of the bar Under Section 22 of the Sick Industrial Companies (Special Provisions) Act, no proceedings for execution, distress or the like against any of the properties of the company, save with the consent of the Board, can be taken while an enquiry is pending Under Section 16 or a Scheme Under Section 17 is under preparation or consideration.2. The learned Counsel for the petitioner submits that a scheme Under Section 17 is under consideration. An operating agency, viz., I.D.B.I. Mumbai, has been, appointed and rehabilitation proposals have been submitted by the petitioner-company to the operating agen...
G.S. Ravi Kiran Vs. Board of Secondary Education and ors.
Court: Andhra Pradesh
Decided on: Mar-13-2000
Reported in: 2000(2)ALT620
ORDERM.S. Liberhan, C.J.1. This writ appeal arises out of an order of the learned single Judge dismissing the writ petition.2. Though there are no provisions for revaluation of answer sheets, but on a persistent argument of the learned Counsel for the appellant that the answer sheet of the appellant was not properly valued, we have sent for the answer sheet of the appellant alongwith the key, on condition of the appellant depositing Rs. 10,000/-3. On 23-2-2000, the respondent-Board produced the answer sheet of the appellant in the Court. On going through the answer sheet, we were fully satisfied that the answers in the answer sheet tallied word by word with the answers given in the key, and felt that the Teacher, who initially examined the appellant's answer sheet did not evaluate it properly and also failed to compare it with the key. Under those circumstances, the learned Government Pleader appearing on behalf of the respondent No. 1-Board of Secondary Education (for short 'the Board...
S.A. Wali Quadri Vs. Sadar Anjuman-e-islamia
Court: Andhra Pradesh
Decided on: Mar-10-2000
Reported in: 2000(3)ALD370
1. This second appeal arises out of a judgment and decree dated 6-12-1994 passed by the learned X Assistant Judge, City Civil Court, Hyderabad, in OS No.4491 of 1990 and the judgment and Decree dated 25-2-1999 passed by they learned V Additional Chief Judge, City Civil Court, Hyderabad, in AS No.21 of 1995 preferred against the same.2. The unsuccessful defendant throughout is the appellant. The suit schedule property is a house Bearing No. 16-4-2 and 16-4-3 and belongs to the respondent institution and it is a wakf property. On 12-9-1968 it was let out originally to one Syed Abdul Qayyum under a rent deed of even date. The said Syed Ahdul Qayyum died subsequently. After the death of said Abdul Qayyum his son S.A. Wali Khadri was, continuing in the house as a tenant. He enhanced the rent from Rs.250/- to Rs.400/- per month excluding electricity and water charges. He was thus paying the rent accordingly. A quit notice dated 15-8-1990 was issued to him on behalf of the respondent institut...
S. Hymavathy and Another Vs. D.N.R. College, Bhimavaram and Others
Court: Andhra Pradesh
Decided on: Mar-10-2000
Reported in: 2000(3)ALD570; 2000(2)ALT302
ORDER1. Questioning the orders of second respondent-regional Joint Director of Higher Education, Rajahmundry, in Rc.No.1712-B1/98 date 27-5-1999 wherein the claim of the petitioners for admission into grant-in-aid posts of Record Assistants was negatived by taking the stand that both the petitioners were working in the book stores, which is purely a business organisation registered with the Sales Tax Department and their salaries were paid out of the profits derived from the sale of books in the Stores, which has no relation or unconnected with the college establishment, this writ petition is filed.2. From the facts of the case it is seen that while the first petitioner worked as an Attender in the office of the first respondent College from 30-10-1975 to 25-4-1983 and thereafter, she was posted to the Stores Department, the second petitioner continued to work in the Department till the book Stores was closed. Apprehending that the management is going to recommend their juniors for abs...
Commissioner of Income-tax, Visakhapatnam Vs. Anakapalli Co-operative ...
Court: Andhra Pradesh
Decided on: Mar-10-2000
Reported in: 2000(4)ALD58; 2000(3)ALT514; (2000)163CTR(AP)98; [2000]245ITR616(AP)
ORDERT. Ch. Surya Rao, J. 1. On a reference application filed by the Commissioner of Income-Tax, Visakhapatnam, in RA No.437/Hyd/89, in ITA No.3/Hyd/87 for the Assistant Year 1983-84, the Income Tax Appellate Tribunal, Hyderabad Bench 'B' referred this case under Section 256(1) of the Income Tax Act (for short 'the Act') for the decision of this Court.2. The factual matrix leading to the present reference may be stated thus:The Anakapalli Co-operative Marketing Society Limited, Anakapalli is the assessee (Hereinafter referred to as the assessee). The assessee has been carrying on business of providing facilities to its members for obtaining fertilizers, food grains, controlled cloth; trading on commission basis; advancing loans to members on the security of their produce and leasing godown for rent besides arranging loans through State Bank of India, Anakapalli. The State Bank of India has been granting loans to the members of the assessee for growing sugar-cane. But the bank has been ...
P.V. Udashi Vs. J.V. Udeshi and anr.
Court: Andhra Pradesh
Decided on: Mar-10-2000
Reported in: 2000(1)ALD(Cri)689; 2000CriLJ3425
ORDERVaman Rao, J.1. These two petitions under Section 482, Cr.P.C. seek quashing of orders passed by the learned I Additional Metropolitan Sessions Judge, Hyderabad dated 27-12-1999 passed in Crl.M.P. No.700 of 1999 and 701 of 1999 in C.C. No.3 of 1996 on his file.2. The petitioner herein is the accused in the said C.C. 3 of 1996 facing charges for offences under Sections 406 and 417, I.P.C. registered against him on the basis of a complaint filed by the respondents herein.3. The basis of the complaint appears to be that the complainant and the accused were partners in a firm called J.K. Industries, which was constituted on 9-7-1973 and was dissolved on 1-7-1984. The allegation is that while partnership was subsisting, the accused has opened a current account in the name of J.K. Industries showing him to be sole proprietor and siphoned of the funds of the partnership firm by diverting them to the said account. The accused obviously denied the charge.4. During the course of trial, the ...
Commissioner of Income Tax Vs. Anakapalli Co. Op. Marketing Society Lt ...
Court: Andhra Pradesh
Decided on: Mar-10-2000
Reported in: [2000]111TAXMAN702(AP)
Surya Rao, J. On a reference application filed by the Commissioner, Visakhapatnam, in R.A. No. 437 (Hyd.) of 1989, in Income Tax Appeal No. 3 (Hyd.) of 1987 for the assessment year 1983-84, the Tribunal, Hyderabad Bench 'B', referred this case under section 256(1) of the Income Tax Act, 1961 Income Tax Act for the decision of this Court.2. The factual matrix leading to the present reference may be stated thus:The Anakapalli Co-operative Marketing Society Ltd., Anakapalli, is the assessee. The assessee has been carrying on business of providing facilities to its members for obtaining fertilizers, food grains, controlled cloth, trading on commission basis, advancing loans to members on the security of their produce and leasing godown for rent besides arranging loans through the State bank of India, Anakapalli. The State bank of India has been granting loans to the members of the assessee for growing sugarcane. But the bank has been insisting on the loanees to produce certificates from th...
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