Andhra Pradesh Court June 2000 Judgments
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Venigella Narayana Rao and ors. Vs. Engineer-in-chief, (R and B) a and ...
Court: Andhra Pradesh
Decided on: Jun-26-2000
Reported in: [2002]125STC14(AP)
P. Venkatarama Reddi, J.1. The petitioners are said to be contractors doing various works entrusted by the Roads and Buildings Department. They questioned the memo issued by Engineer-in-Chief dated February 24, 2000 requiring the executive engineers to effect recovery of sales tax at 4 per cent from the work bills with effect from January 1, 2000. The short recovery of sales tax was directed to be regularised while passing the other bills of the contractors. The memo issued by the Engineer-in-chief is apparently a sequel to the amendment made to Section 5-H of the Andhra Pradesh General Sales Tax Act, 1957, enhancing the maximum percentage of tax deduction at source to 4 per cent as against the pre-existing rate of 3 per cent. The memo issued by the Engineer-in-chief seems to be based on a misunderstanding of the amendment made to the Andhra Pradesh General Sales Tax Act by Act No. 19 of 2000. The mere fact that the maximum rate at which the tax has to be deducted at source has been in...
Toddy Tappers Co-op. Society Vs. Prohibition and Excise Supdt. and Two ...
Court: Andhra Pradesh
Decided on: Jun-23-2000
Reported in: 1996(2)ALD691
ORDERGoda Raghuram, J. 1. The Toddy Tapers Cooperative Society, Mallapur, in these proceedings seeks a declaration that the action of the respondents in forming and registering a new TCS at Ashok Nagar, Ward No.6, Mallapur, Kapra Municipality, R.R.District, without affording a reasonable opportunity to the petitioner, without bifurcating the society and without deleting the area of operation of TCS,Mallapur, is illegal and arbitrary and for a consequential direction to the respondents not to form and register a new TCS at Ward-6 Ashoknagar Colony, Mallapur(v), Kapra Municipality. 2. The petitioner society is stated to have been formed in 1985. A licence has been granted in favour of the society which has been renewed from time to time, with the validity of the present licence enuring up to 30.9.2001. 3. The erstwhile Kapra Major Gram Panchayat has been constituted as Municipality during 1988-89. On such constitution the village of Mallapur was included in Kapra Municipality. The petiti...
New India Assurance Company Vs. Motiram (Major) and ors.
Court: Andhra Pradesh
Decided on: Jun-23-2000
Reported in: 2000(6)ALT231
N.Y. Hanumanthappa, J.1. Since the question of law involved in all these appeals is common these appeals are disposed of by a common order.2. The question of law to be decided in these appeals, is whether an unauthorized passenger travelling in a vehicle which met with an accident is entitled to claim compensation Under Section 166 of the Motor Vehicles Act?3. Under similar circumstances, a Division Bench of this Court in New India Assurance Company Limited v. Pesala Kishore Kumar and Ors., 1994 (4) ALT 107 (D.B.) held that the claimants are entitled for compensation only from the owner of the vehicle and also observed that any direction to Insurance Company to pay compensation under no fault liability is incorrect.4. From the evidence it is clear that the injured victims in all the cases were unauthorized passengers or in other words gratuitous passengers. In view of the law laid down by the Supreme Court in National Insurance Co. Ltd. v. Jattu Ramu and Ors., : (1999)9SCC62 the liabil...
Sri Hariharan Vs. Baji Shaheed Khan
Court: Andhra Pradesh
Decided on: Jun-22-2000
Reported in: 2000(4)ALD250; 2000(3)ALT641
ORDERP. Venkatarama Reddi, J.1. The respondents herein who have been working as Supervisors in Quli Qutub Shah Urban Development Authority on consolidated pay filed WP No.12618 of 1996 seeking regularisation of their services in the existing vacancies from the date of completion of five years of service in terms of G.O. Ms. No.212. Finance and Planning, dated 22-4-1994. By the judgment dated 15-10-1997, a learned single Judge of this Court disposed of the writ petition with a direction to the first respondent (Principal Secretary to the Government, Municipal Administration and Urban Development Department) to accord permission to the 2nd respondent to regularise the services of the petitioners and to pay appropriate pay scales within two months from the date of receipt of the order. In giving such direction, the Seamed single Judge relied on G.O. Ms No.212, dated 22-4-1994. The learned single Judge interpreted the G.O. to hold that it is not necessary to have five years of continuous s...
itw Singnode India Ltd., Hyd. Vs. Assistant Commissioner of Customs an ...
Court: Andhra Pradesh
Decided on: Jun-22-2000
Reported in: 2000(4)ALD167; 2000(3)ALT676; 2000(71)ECC49; 2000(122)ELT651(AP)
ORDERS.R. Nayak, J.1. The petitioner Company has filed this writ petition for refund of Rs. 1 crore paid as a pro-deposit on 28-11-1997 as a condition precedent for hearing the appeal before the Customs, Excise and Gold (Control) Tribunal (for short 'CROAT'), South Regional Bench, Chennai consequent on the allowing of the above appeal by the CEGAT by its final order dated 20-8-1998 and for certain other reliefs, The prayer in the writ petition reads as follows:'For the reasons stated in the accompanying affidavit the petitioner herein prays that this Hon'ble Court may be pleased to issue a writ or order or direction especially one in the nature of Mandamus: (i) compelling the respondents to refund an amount of Rs.1 crore (Rupees one crore only) pre-deposited while exercising the right of appeal to the Commissioner of Customs and Central Excise (Appeals), Hyderabad as per the directions of this Hon'ble High Court in WP No.31505 of 1997 dated 27-11-1997; (ii) declaring that as a conseque...
Anne Ramachandra Rao Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Jun-22-2000
Reported in: 2000(4)ALD377; 2000(4)ALT179
ORDER1. The petitioner herein seeks invalidation of the proceedings of the State Government in memo No.l03636/UC.l(1)/ 90-91, dated 11-8-1992 and a consequential declaration that the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (Act 33 of 1976) (for short 'the Act') are not applicable to the land of the petitioner situate in RS No.507/2 of Gollapudi village, Krishna District, in view of the provisions of the GO. Ms. No.733 Revenue (UC.II) Department, dated 31-10-1988 and that the petitioner is entitled to exemption under Section 20(1)(a) of the Act.Chronology of facts:(A) One Ch. G. Krishna Murthy, (the declarant) who was holding considerable extent of vacant land filed a statement under Section. 6(1) of the Act declaring before the Competent Authority, a holding of 4,451 Sq.Mt.. of vacant land. The declaration was numbered as CC No.2565 of 1976. On 23-6-1980 a Draft Statement under Section 8(4) of the Act declaring an excess of 2951 Sq.Mt, was issued. Prior thereto ...
Union of India and Others Vs. P. Jeevanandam
Court: Andhra Pradesh
Decided on: Jun-22-2000
Reported in: 2000(4)ALD496; 2000(4)ALT318
ORDER1. This application is filed under Section 151 of the Code of Civil Procedure seeking fixation of the total remuneration to be paid to the sole Arbitrator appointed in Arbitration Application No.19 of 1999.2. The applicants herein are the respondents in AA No. 17 of 1999, which was filed by the present respondent-Sri P. Jeevanandam. The said Arbitration Application was filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for shot 'the New Act').3. Justice Sri A. Gopal Reddy, who was the then designate of the Chief Justice under the Scheme framed by him, in exercise of his powers under sub-section (10) ofSection 11 of the New Act, allowed the said Arbitration Application and appointed Justice A. Gangadhar Rao, a retired Judge of this Court, as the sole Arbitrator. While making the said appointment, the learned Judge fixed the remuneration of the Arbitrator, initially, at Rs, 30,000/-.4. Justice Sri A. Gangadhara Rao accepted the appointment and commenced functio...
Tirumala Tirupati Devasthanams Vs. Tirupathi Municipality
Court: Andhra Pradesh
Decided on: Jun-22-2000
Reported in: 2000(5)ALD265; 2000(5)ALT92
1. Heard the learned Counsel for the appellant. There is no representation on behalf of the respondent.2. This second appeal is directed against the judgment passed in AS No.30 of 1984 dated 7-3-1989 by the III Additional District Judge, Chittoor at Tirupati, under which the decree passed by the Principal Subordinate Judge, Tirupati, in OS No.91 of 1979 dated 26-3-1984 decreeing the suit of the plaintiff was reversed.3. The relevant facts may be stated briefly as follows: The Tirumala Timpati Devasthanams (TTD) plaintiff filed the suit in OS No.91 of 1979 for declaration that the order of the defendant municipality dated 30-8-1978 enhancing the assessment of property tax from Rs.278.69 Ps. to Rs.6,165.91 Ps., for half year was illegal and not binding on Ihe plaintiff, and for permanent injunction restraining the defendant from enforcing the said assessment. It is averred that the plaintiff is the owner of the plaint schedule property and was paying hitherto a sum of Rs.278.69 Ps., per ...
Maripalli Mahirathnam Gupta Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jun-22-2000
Reported in: 2000(6)ALD180; 2000(2)ALD(Cri)496
ORDER1. The revision petitioner assails the conviction and the sentence passed by the II Additional Judicial Magistrate of First Class, Nellore by his Judgment dated 28-11-1994, in CC No.331 of 1989 convicting him for the offence under Section 420 of IPC and sentencing him to suffer rigorous imprisonment for six months and further sentencing him to pay a fine of Rs.1,000/- and in default to suffer simple imprisonment for one month and confirmedby the I Additional Sessions Judge, Nellore, by his judgement dated 6-5-1999 in Criminal Appeal No.139 of 1994.2. In connection with picturisation of motion picture entitled 'Bharya Bharthala Bhagavatham' in the year 1987, it is said that the petitioner approached PWs.1, 2 and 3 for loan. PW1 paid an amount of Rs.80,000/- to the petitioner as loan on the foot of the promissory note dated 25-8-1987 in Ex.P1. PW2 advanced an amount of Rs.70,000/- on the foot of. another promissory note dated 27-6-1987 in Ex.P9. PW3 paid an amount of Rs.70,000/- on ...
G. Mangaiah Vs. State of A.P., Rep. by Public Prosecutor
Court: Andhra Pradesh
Decided on: Jun-22-2000
Reported in: 2000(2)ALD(Cri)454
RMB, J.1. The sole accused in Sessions Case No.510 of 1996 who was tried by the Additional Sessions Judge, Ongole is the appellant herein. The accused-appellant was tried for causing murder of D-1 and D-2 and also attempting to commit murder of his wife Anasuya (P.W.1). On evidence the learned Judge found that the prosecution was able to bring home guilt of the accused, and therefore, he proceeded to convict the accused-appellant and sentenced him on two counts under Section 302 IPC and on each count, he was sentenced to undergo imprisonment for life and to pay fine of Rs.500/-, in default to undergo simple imprisonment for three months. The learned Judge further convicted the accused-appellant of the offence punishable under Section 307 IPC and sentenced him to suffer imprisonment for five years and to pay fine of Rs.500/-, in default to undergo simple imprisonment for three months. The substantive sentences imposed upon the accused-appellant were made to run concurrently.2. It is all...
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