Andhra Pradesh Court January 2001 Judgments

Bankatlal Satyanarayana Parikh and Co., Nizamabad Vs. Commissioner of ...

Court: Andhra Pradesh

Reported in: 2001(2)ALD147; 2001(2)ALT151; [2001]122STC236(AP)

ORDERG. RAGHURAM, J.1. These five appeals involve common questions of law and fact and thus heard and disposed of by this common judgment.Brief overview of fads leading to the lis:(1) The appellant (assessee) is a dealer in beedies. It was initially assessed for the years 1985-86 to 1989-90 (5 years) on nil taxable turnovers by the CTO, Nizamabad-II. (2) The successor CTO reopened the assessments under Section 14(4) of the APGST, Act, 1957 (for short, 'the Act'). Rejecting the plea of the assessee, the CTO held that the assessee is the last purchaser of beedi leaves within the State and brought to tax assessed Gross turnover and Net turnover for the five assessment years. He also imposed penalties for all the assessment years. (3) Aggrieved, the assessee preferred appeals to the appellate Deputy Commissioner (CT), Secunderabad (hereinafter, the first appellate authority). On an analysis of the record, the Appellate Authority held that the assessee was a purchaser of finished beedies an...

K. Harinatha Reddy and Others Vs. B. Rama Rao and Others

Court: Andhra Pradesh

Reported in: 2001(2)ALD116; 2001(2)ALT237

ORDERN.Y. Hanumanthappa, J.1. Since the recall petition and the review petition relate to the same subject matter viz., to recall and review the judgment passed by this Court in Writ Petition No.21859 of 1996, dated 1-3-2000, they are clubbed together and disposed of along with the above contempt case by this common order. 2. For purpose of convenience the parties are referred to as arrayed in the writ petition. 3. The petitioners have filed the above writ petition seeking a writ of mandamus directing the respondents to grant ryotwari patta under Section 7 of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (hereinafter referred to as 'the Act') in respect of the land in S.No.246 of Vallerigunta patteda in Tiruchanur village, Tirupati Rural Mandal. 4. The whole dispute revolves around S.No.246 of Vallerigunta Patteda in Tiruchanur village. According to the writ petitioners, the lands in S.No.246 are inam lands and their late father K.R. Krishna ...

United India Insurance Co. Ltd. Vs. Guguloth Khana and ors.

Court: Andhra Pradesh

Reported in: II(2001)ACC392; 2001(2)ALT185

ORDERN.V. Ramana, J.1. This batch of appeals arises out of one accident, which took place on 23-5-1991. The United India Insurance Company/ respondent in the O.Ps, is the appellant in all these appeals.2. Brief facts:-- On 23-5-1991 a lorry bearing No. AP 26-T-364 belonging to M/s. Amruthesh Transport Company started at Warangal with some load of groundnut oil cake to go to Anakapalle in Visakhapatnam. One Ch. Mallikarjun was engaged as driver of the said lorry. There was a comprehensive insurance policy for the lorry with the United India Insurance Company. When the lorry reached near Thorrur village on the way leading to Khammamm P.W.D. Road, several villagers were waiting on the road, due to lack of transport facility because of the assassination of Sri Rajiv Gandhi on the previous day (22-5-1991). Then, about 25 persons, including some children and women boarded the lorry. The lorry, after travelling about five kilometers from Thorrur village and reached near Mattedu village, the d...

V. Vinayak Rao and ors. Vs. A.P. State Irrigation Development Corporat ...

Court: Andhra Pradesh

Reported in: 2001(2)ALT384

B. Subhashan Reddy, J.1. The petitioners herein were the employees of Andhra Pradesh State Irrigation Development Corporation (hereinafter referred to as 'the Corporation'). Staffing pattern was to be restructured because of the financial condition of the Corporation. The Corporation felt the need to cut the manpower by 50% in accordance with the recommendations of the State Level Committee on Public Sector Undertakings and vide circular Memo No. 2295, dated 31-5-1995/1-6-1995, terms and conditions were enunciated and the same were communicated to be followed by all the State Undertakings including the Corporation. Accordingly, the Corporation by its Circular No. 2757, dated 4-7-1997, called for applications from the staff who are willing to opt for Voluntary Retirement Scheme (VRS). But, as the response was not as expected by the Corporation, the same was extended to another batch by the Circular Memo No. 6777, dated 12-12-1997. Even then, the Corporation was not satisfied about the n...

iqbal Hyder Vs. Mohammed Wazeeruddin

Court: Andhra Pradesh

Reported in: 2001(1)ALD531; 2001(1)ALT597

ORDER1. The petitioner tenant assails the order dated 4-8-1999 passed by the learned Additional Chief Judge, City Small Causes Court, Hyderabad in RA No.193 of 1994. RA No.193 of 1994 was filed by the revision petitioner assailing the eviction order passed against him in RC No.648 of 1987 by the learned II Additional Rent Controller by his order dated 21-3-1994.The Eviction petition was filed by the respondent landlord herein on the premise that the revision petitioner is the tenant under him and he committed wilful default in paying the rents besides creating nuisance and denial of title. It is better to refer the parties as landlord and tenant to avoid any confusion. 2. At the enquiry conducted in this regard by the learned II Additional Rent Controller, the landlord was examined as PW1 besides getting the documents Ex.P1 to Ex.P20 marked on his side and the tenant was examined as RW1 besides getting Ex.R1 to Ex.R26 marked on his side. Upon considering the evidence both oral and docu...

G. Kalavathi Vs. C. Anand Rau and Others

Court: Andhra Pradesh

Reported in: 2001(2)ALD2; 2001(2)ALT119; 2001CriLJ2253

ORDERN.Y. Hanumanthappa, J.1. The contempt case in CC No.1819 of 1999 has been filed by the petitioner against five official respondents and four unofficial respondents viz., Sri C. Anand Rau, Chief Secretary to the Government of Andhra Pradesh, Sri Bhanwarilal, Hyderabad District Collector (Sri Anand Rau's name was later deleted from the cause title as not necessary party by order of the Court dated 29-3-2000), Sri C. Prabhakar, the Mandal Revenue Officer, Shaikpet Mandal Hyderabad, Sri D. Sri. Rama Murthy, Chief Engineer (Buildings), Roads and Buildings Department, Hyderabad, Sri M. Veera Bhadraiah, M/s. Mohan Reddy, Subrahmanyam, Ramesh Reddy and Sri Srinivas Rao, Hyderabad alleging that they disobeyed the orders of this Court in WP No.11714 of 1986, dated 14-10-1988 and WA No.742 of 1989, dated 14-9-1995 by making constructions of residential quarters for Ministers as they shall be summoned and punished.2. The Contempt Application in CA No.1563 of 1999 has also been preferred by th...

A. Mannan Khan Vs. Judge and Family Court, Hyd., A.P. and Another

Court: Andhra Pradesh

Reported in: 2001(2)ALD190; 2001(1)ALT607; II(2001)DMC250

ORDERB. Subhashan Reddy, J. 1. This revision under Article 227 of the Constitution of India raises a jurisdictional point regarding the maintainability of OS No.100 of 1997 on the file of the Family Court, Hyderabad.2. Mr. Mohd. Zia-Ul-Haque, the learned Counsel for the petitioner, submits that the petitioner was the husband of the 2nd respondent, but the marriage between them was dissolved on 12-2-1997. After the 2nd respondent ceased to be the wife of the petitioner, she had instituted the above suit on the file of the 1st respondent-Family Court in respect of the suit schedule house on the premise that she is the absolute owner and exclusive possessor of the same and that the petitioner has got no right, title or interest over the same.3. The suit schedule house was the matrimonial home where both the petitioner and the 2nd respondent resided and since the dissolution of the marriage, a dispute has ensured inter se the parties, each party is claiming that it has got title and posses...

Mohd. Abdul Shukoor Vs. Municipal Commissioner, Municipal Corporation ...

Court: Andhra Pradesh

Reported in: 2001(1)ALT657

ORDERBilal Nazki, J.1. Heard the learned Counsel for the parties. Notice of demand issued on 10-12-1997 has been challenged in this writ petition which is purported to have been issued under Section 268 of the Hyderabad Municipal Corporations Act, 1955. Facts are not at dispute. It is contended by the petitioner that he is tenant of the property and in terms of the lease agreement with his landlord, the landlord was supposed to pay all the taxes but inspite of that the impugned notice has been issued against the petitioner. It was also complained that the respondents were contemplating to issue a warrant of distress against the movable properties of the petitioner and not the immovable property of the landlord.2. Counter has been filed. The learned Counsel for the respondents submits that the landlord as well as the tenant are liable to pay the tax. Since the petitioner was occupier of the property in question at relevant point of time therefore he is liable to pay the tax.3. Now, the ...

Malaya Maruti Industries Vs. Assistant Engineer (Operation), A.P.S.E.B ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The complainant is an industry represented by its Proprietor, who is a mechanical engineering graduate, who is also technocrat trained under entrepreneur development programme during 1984. He started the complainant-industry for the manufacture of Briquetted fuel on 24.3.1984 which is a substitute to the coal which falls under priority sector group of industries declared by the Central Government. The opposite parties 4 and 5 have sanctioned loan for running the industry. The Andhra Pradesh Industrial Infrastructure Corporation, who has overall control over the industrial estate, sanctioned the premises for running the industry on lease-cum-sale basis in the industrial estate, Samalkota. After obtaining necessary certificates from the Municipality, District Medical and Health Officer and Inspector of Factories, the complainant made an application to the first opposite party seeking supply of 40 H.P. and 1 K.W. lighting load which was registered on 31...

K. Varaha Narasimhulu and Others Vs. Registrar, Sri Venkateswara Unive ...

Court: Andhra Pradesh

Reported in: 2001(1)ALD498; 2001(1)ALT743

ORDER1. All the petitioners in this batch of writ petitions were appointed inthe hostels that are being maintained by the respondent-University in various capacities such as servers, sweepers, helpers, watchmen, rice cleaners, Assistant electricians, Assistant gas mechanic, store attenders, Assistant steward, matrons, games boy, cleaners and gardeners from 1982 and they are working on daily wage basis for all these years. The first petitioner in WP No.25598 of 1997 was appointed as Junior Assistant on 20-11-1985. Except petitioners 6, 9, 13, 14, 15, 16, 17, 18 and 20 in WP No.3391 of 1998, the other petitioners 94 in number, were appointed prior to 25-11-1993. As these petitioners were appointed after cut off date in temporary appointment i.e., after 25-11-1993 under Section 3 of Act 2 of 1994, I cannot give any relief to them in this case. The writ petition No.3391 of 1998 in so far as the petitioners 6, 9, 13, 14, 15, 16, 17, 18 and 20 namely A. Venkatamuni, K. Manikantan, T. Venkate...