Andhra Pradesh Court October 2001 Judgments
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idpl Employees Co-operative House Building Society Vs. Hyderabad Urban ...
Court: Andhra Pradesh
Decided on: Oct-31-2001
Reported in: 2002(1)ALD819; 2002(3)ALT26
ORDER1. This writ petition is filed to declare the order bearing No. 8109/MP2/ HUDA/94, dated 10-12-1999, as illegal and arbitrary and for a consequential direction to the respondent to release the draft layout.2. The petitioner is a Society. Its case, in brief, is that ft is the owner of the property in question admeasuring Ac. 50-00. situated in S. No. 163, having purchased the same in the year 1987, and is in continuous possession and enjoyment thereof since then. In the year 1987 the petitioner-society approached the Government for change of land use from conservation zone to residential zone, under the A.P. Urban Development Act, 1975. The Government after considering the representation of the petitioner-society issued draft notification on 8-12-1989 inviting objections, subject to certain conditions. On 25-7-1994 the Government addressed a letter to the Vice-Chairman, HUDA, to confirm the draft notification subject to conditions mentioned therein. In pursuance of the said letter,...
Valluri Basavaiah Chowdary and Brothers Vs. Vijayawada Municipal Corpo ...
Court: Andhra Pradesh
Decided on: Oct-31-2001
Reported in: 2002(1)ALD276
1. The respondent/Vijayawada Municipal Corporation issued a notice dated 29-3-1985 to the appellant herein purporting to be one issued under Section 220 (2) of The Hyderabad Municipal Corporation Act, 1955 (for the short 'the Act'), which Act was made applicable to the respondent/Corporation by virtue of Act 23 of 1981. As per the said notice the respondent fixed the net rateable value of the property owned by the appellant at Rs. 2,69,962-00 and therefore proposed to levy half yearly tax of Rs. 91, 247-12, though in the affidavit filed by the Commissioner of the respondent/Corporation dated 10-10-2001, it is stated that the above tax is only annual tax on the property, but by mistake it was shown as half yearly tax. So for the purpose of the present case, I will proceed on the basis that the tax of Rs.91,247-12 is only the annual tax for the property in question.2. Aggrieved by the said proposal, the appellant herein carried the matter in revision. The revisional authority by its orde...
General Manager, Adilabad District Co-operative Central Bank Limited V ...
Court: Andhra Pradesh
Decided on: Oct-31-2001
Reported in: 2002(1)ALD293; 2003(4)ALT463; [2002(93)FLR94]
V.V.S. Rao, J.1. This writ appeal is filed by the General Manager, Adilabad District Co-operative Central Bank Limited, aggrieved by judgment dated 13-10-2000 passed by a learned single Judge of this Court in WP No. 11338 of 2000. By impugned judgment, the learned single Judge set aside the proceedings dated 27-7-2000 issued by the bank withholding the retirement benefits and continuing any disciplinary proceedings subsequent to the retirement of the writ petitioner, first respondent herein, on the ground that no disciplinary enquiry can be held against an employee who was allowed to retire on attaining the age of superannuation.2. The facts are admitted which in brief are as follows. The first respondent at the relevant time was Person-in-charge of the Primary Agricultural Co-operative Society, Tandur. At or about 1995, some financial irregularities in sanctioning of the loans were alleged. An enquiry was conducted in accordance with Section 51 of the A.P. Co-operative Societies Act, ...
Dunlop India Ltd., Calcutta Vs. Transport Corporation of India
Court: Andhra Pradesh
Decided on: Oct-31-2001
Reported in: AIR2002AP239
L. Narasimha Reddy, J. 1. These twoappeals arise out of a common judgment dated 9-3-1994 rendered in O.S. Nos. 1383 of 1984 and 1412 of 1984 on the file of the IV Additional Judge. City Civil Courts, Hyderabad.2. CCCA. No. 164/94 is filed against the judgment and decree in O.S. No. 1412 of 1984 whereas CCCA. No. 68 of 1995 is filed against the judgment and decree in O,S. No. 1383 of 1984. The appellant as well as the respondents are common in both the appeals.3. O. S. No. 1383 of 1984 was filed by the appellant claiming that the goods (tyres and tubes) were entrusted to the respondent for transporting the same from Silvasa Union Territory to Hyderabad; that on transit, the goods were checked by the Sales Tax Authorities, State of Andhra Pradesh, at Sangareddy check-post and detained some of the goods on the ground that sales tax was not paid and that on seeing the bills and satisfying themselves that there was no evasion of sales tax, the goods were released. It is their cases that tho...
S.P. Subramaniam Vs. Vasavi Cotton Traders and anr.
Court: Andhra Pradesh
Decided on: Oct-31-2001
Reported in: 2002(1)ALT(Cri)31; 2002CriLJ4226
Gopala Krishna Tamada, J. 1. Criminal Petition Nos. 2234 and 2235 of 1999 are filed by the petitioner who is arrayed as A-5 in C.C. Nos. 1 of 1999 and 288 of 1998 on the file of the Judicial I Class Magistrate, Proddatur, respectively. Criminal Petition Nos. 2241 and 2242 of 1999 are filed by A-3, A-4 and A-6 in the said cases.2. As the point involved in all these petitions is one and the same, all the petitions are disposed of by common order.3. The facts are that Vetri Spinning Mills (P) Limited is a private limited company and the petitioners herein are the Directors of the said company registered under the Companies Act, of which Sri S. Ramamoorthy (A-2) is the Managing Director and the petitioners herein are the Directors. The 1st accused-company is having business dealings with (1) Vasavi Cotton Traders, complainant in C.C. No. 1 of 1999 and (2) Sri Vijaya Krishna Ginning Mill, complainant in C.C. No. 288 of 1998 and in their business transaction, cheques were issued by the 1st a...
Allied Marketing Agencies Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Oct-31-2001
Reported in: [2002]126STC98(AP)
ORDERS.R. Nayak, J. 1. T.R.C. No. 11 of 1995 is directed against the order of the Sales Tax Appellate Tribunal, Hyderabad (for short, 'the Tribunal') dated October 21, 1993 passed in T.A. No. 126 of 1991 relating to the assessment year 1984-85 whereas T.R.C. No. 22 of 1995 is against the order of the Tribunal dated October 21, 1993 in T.A. No. 518 of 1991 relating to the assessment year 1985-86. Both the T.R.Cs. are against the same common order. Hence they were clubbed and heard together and they are being disposed of by this common order.2. The petitioner, Allied Marketing Agencies, Guntur, is a dealer in wooden packing cases and bale boards used for packing tobacco and is registered under the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the Act'). For the assessment years 1984-85 and 1985-86, the jurisdictional Commercial Tax Officer allowed exemption on sales of bale boards treating them as 'planks' falling under entry No. 145 of the First Schedule to the Act on the grou...
Pennar Paterson Limited Vs. Hon'ble Court of Judicial Magistrate 1st C ...
Court: Andhra Pradesh
Decided on: Oct-30-2001
Reported in: 2002(2)ALD78
S.B. Sinha, C.J. 1. Whether the expression 'other legal proceedings' occurring in Section 446(1) of the Companies Act, 1956 does include the criminal proceedings is the question involved in these applications.2. Application No. 179 of 2001 has been filed by the Official Liquidator to direct the first respondent herein to transfer Criminal Complaint No. 1026 of 2000 on the file of the Judicial Magistrate of First Class, Nagpur to this Court and to order costs of this application to come out of the assets of the company. Application No. 188 of 2001 has been filed to stay the proceedings in the said criminal complaint.3. This Court by an order dated 24-11-1999 appointed the Official Liquidator attached to this Court as the Provisional Liquidator of M/s. Pennar Paterson Limited. The liquidator pursuant to the said order took over the assets of the company. It was found that a criminal complaint against the aforementioned company and its Director has been filed knowing that a Provisional Li...
Ko and in India Vs. Commissioner of Customs and Excise, Hyderabad and ...
Court: Andhra Pradesh
Decided on: Oct-30-2001
Reported in: 2001(6)ALD496; 2002(1)ALT79; 2002(145)ELT38(AP)
S.R. Nayak, J.1. In both the writ petitions, the validity and legality of the seizure of certain goods intended to be exported to Libya is assailed. Hence both the writ petitions were clubbed and heard together and they are being disposed of by this common order.2. The background facts leading to the filing of the writ petitions, as stated by the petitioner in the affidavits filed in support of the writ petitions, be noticed briefly as under: One B.J. Jawahar is the Proprietor of the petitioner-proprietary concern and he has executed a General Power of Attorney on 20.7.2000 in favour of Mr. D.L.V.R. Murthy, son of late D.R.K. Prasad, who is presently said to be serving in the petitioner-proprietary concern as Senior Manager (Projects). These writ petitions are filed on behalf of the Proprietary concern represented by Mr. D.L.V.R. Murthy. The petitioner is engaged in import and export of the goods and is a merchant exporter. The petitioner's import and export code number is 099003387. T...
Textila Trading Syndicate Vs. G. Lakshminarayana and ors.
Court: Andhra Pradesh
Decided on: Oct-30-2001
Reported in: 2002(1)ALD566
ORDER1. The revision petitioners are the respondents 1 to 8 in RC No.50 of 1993 and respondents 4 to 9 in the CRP are respondents 2 to in the said RC No.50 of 1993 on the file of Principal Rent Controller, Secunderabad. Respondents 1 and 2 in the present CRP are petitioners 1 and 2 in RC No.50 of 1993 and 3rd respondent in RC No.50 of 1993 is no more. 2. For the purpose of convenience, the petitioners in the Revision Petition are referred to as 'tenants' and respondents 1 and 2 are referred to as 'landlords' and the A.P. Buildings (lease, Rent and Eviction) Control Act, 1960 will be referred to as 'Act'. 3. The landlords filed RC No.50 of 1993 on the file of Principal Rent Controller, Secunderabad on the ground of bona fide personal requirement with the following averments made in the eviction petition. The petitioners are the owners and landlords of the premises of the mulgi bearing No.2-1-77, situate at Tobacco Bazar, Secunderabad and the respondents are the tenants occupying the sai...
P. Mallikarjuna Reddy Vs. the Secretary, State Election Commission and ...
Court: Andhra Pradesh
Decided on: Oct-30-2001
Reported in: 2002(1)ALT89
B. Sudershan Reddy, J.1. The petitioner is the vice-president of Atloor Mandal Parishad. He prays for issuance of an appropriate writ particularly one in the nature of Mandamus declaring the special meeting convened and held on 21-8-2001 for electing the President of Atloor Mandal Parishad as illegal and not valid. The petitioner also prays for a consequential order to set aside the whole business transacted in the said meeting including the election of the third respondent herein as the President of Atloor Mandal Parishad. In effect, the petitioner is challenging the election of the third respondent herein as the President of the Mandal Parishad.2. Before adverting to the question as to whether the petitioner is entitled for any relief, it may be necessary to briefly notice the relevant facts:3. The Mandal Parishad, Atloor consists of eight MPTC members. The office of the President of the Mandal Parishad is reserved in favour of the Scheduled Castes (General). The elections to the Man...
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