Andhra Pradesh Court October 2001 Judgments
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Leelason Breweries Ltd. Vs. Sri Bheemi Reddy Lakshminarayana Reddy, Re ...
Court: Andhra Pradesh
Decided on: Oct-05-2001
Reported in: AIR2002AP253; 2002(2)ALD215; 2002(1)ALT361
ORDERD.S.R. Varma, J.1. Since both the revision petitions arise out of the same suit and between the same parties, they are being disposed of by this common order.C.R.P.No.1378/2001 is filed challenging the order dated 28.11.2000 passed by the court of Senior Civil Judge, Nellore in I.A.No.690/2000 in O.S.No.93/1989. By the said order, the court below, dismissed the application filed by the plaintiff under Order 32, Rule 15 read with Section 151 C.P.C. to permit one Uppalamarthi Venkata Ramana Reddy son of Sankara Reddy to act as guardian to the plaintiff, on the ground that the plaintiff has become infirm to prosecute the suit. Further, the court below while dismissing the I.A. observed that it is open for the wife of the plaintiff to apply to the court under Order 32, Rule 15 C.P.C. to appoint her as the guardian ad-litem to prosecute the suit. Aggrieved by this observation, the respondent - defendant had filed this revision petition. 2. After the disposal of the above I.A. with the ...
J. Dasaratham and ors. Vs. Govt. of Ap Rep. by Secy., Medical, Health ...
Court: Andhra Pradesh
Decided on: Oct-05-2001
Reported in: 2001(6)ALT53
S.B. Sinha, C.J.1. The petitioners herein who are working as Community Health Officers filed Original Application No.6719 of 1994 before the A.P. Administrative Tribunal challenging G.O.Ms. No. 802, dated 28.12.1981. 2. The dispute in this case centres round appointment to the post of Health Inspector which is by way of promotion from the feeder category and by direct recruitment. By reason of G.O.Ms. No. 905, dated 7.11.1974 certain posts are added to the feeder category. G.O.Ms. No. 802, dated 28.12.1981 further amended the relevant rule giving retrospective effect with respect to certain posts which are added to the feeder category and the note inserted therein reads thus: 3. The provisions of this rule shall apply to the following categories with effect from the dates noted against each. 4. The petitioners herein filed the aforementioned original application inter alia questioning the validity of the said G.O.Ms. No. 802, dated 28.12.1981. Some of the beneficiaries of the said gove...
A. Venkat Reddy and ors. Vs. Joint Collector and ors.
Court: Andhra Pradesh
Decided on: Oct-05-2001
Reported in: 2002(1)ALT341
ORDERL. Narasimha Reddy, J.1. This Civil Revision Petition (CRP) arises under the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as 'the Act').2. The facts relevant for the purpose of this CRP are that the 1st petitioner purchased an extent of Ac.3-25 guntas of land in Sy. Nos. 155 and 156 of Karkonda village of Nawabpet Mandal, Mahabubnagar district, in the year 1991, from the father of respondent No. 8, who was the original owner. The petitioners 2 to 5 are the legal representatives of the 1st petitioner. They claim to be in possession and enjoyment of the subject land. Respondent Nos. 3 to 7 claiming to be the successors of one Mr. Siddaiah, the protected tenant, in respect of the very land, filed an application under Section 32 (could be Section 36) of the Act, before the 2nd respondent, the Mandal Revenue Officer, for restoration of possession of the subject land. The petitioners herein and respondent No. 8 were issued notices by ...
Nukalapati Radhakrishna Reddy Vs. Kadiyala Venkaiah and ors.
Court: Andhra Pradesh
Decided on: Oct-05-2001
Reported in: 2001(5)ALT536
ORDERL. Narasimha Reddy, J.1. This Civil Revision Petition (CRP) is filed under Section 21 of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short 'the Act'), against the order of the Land Reforms Appellate Tribunal, Nellore (for short 'the appellate Tribunal'), in L.R.A. No. 3/86, dated 23-6-1997.2. The petitioner i.e., Nukalapati Radhakrishna Reddy, filed a declaration under the Act in respect of the land held by him and it is not in dispute that he was declared as not holding any land in excess of ceiling limit. His mother Venkata Subbamma also filed a separate declaration. The Land Reforms Tribunal, Nellore (for short 'the primary Tribunal') passed an order to the effect that she holds 0.6377 Standard Holdings in excess of ceiling limit. The said order became final. On her death, the petitioner herein succeeded to her property together with the liability to surrender the excess land.3. It appears that in the proceedings initiated under Section 10 of the Act...
Special Deputy Collector, L.A., S.S.P. Vs. M. Pedda Sunkanna
Court: Andhra Pradesh
Decided on: Oct-05-2001
Reported in: 2002(1)ALT407
ORDERL. Narasimha Reddy, J.1. The only question that arises for consideration in this CRP is as to whether (SIC) respondent i.e., the owner of the land, which is acquired under the Land Acquisition Act, is entitled for payment of interest on solatium.2. The facts, which are not in dispute, are that the lands of the respondent have been acquired by the Government under the provisions of the Land Acquisition Act. A decree has been passed by the Civil Court fixing the compensation. The petitioner herein deposited the decretal amount into the Court. The respondent filed an application before the trial Court for withdrawal of the amount together with a calculation memo. One of the items included in the calculation memo was interest on solatium, which comes to Rs. 34,542/-. While there was no dispute as to the correctness of the other items of the memo an objection was taken by the petitioner stating that in view of the decision of the Hon'ble Supreme Court in Premnath Kapoor v. National Fer...
Saraswathi Chemicals, Vijayawada Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-04-2001
Reported in: 2001(6)ALD301
S.R. Nayak, J.1. The short question that arises for decision in these tax revision cases is whether the 'printing ink' in which the petitioner deals falls within Entry 45 of First Schedule of the APGST Act or not ?2. The petitioner in both the TRCs is the same viz., M/s. Saraswathi Chemicals. The petitioner is the manufacturer of newspapers printing ink meant for newspaper printing only. The Assessing Authority treated such printing ink as unclassified goods and subjected the disputed turnovers to tax at the rate of 5%. The Deputy Commissioner revised the orders of the Assessing Authority and subjected the disputed turnovers at the higher rate of 9% by treating the 'Printing Ink' as falling under Entry 45 of First Schedule. The petitioner being aggrieved by the orders of the Deputy Commissioner in revision has preferred appeals to the Sales Tax Appellate Tribunal (for short 'the Tribunal'). The Tribunal affirmed the view taken by the Deputy Commissioner. Hence these TRCs against that o...
ScIndia Rubber Works Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-04-2001
Reported in: 2001(6)ALD801
S.R. Nayak, J. 1. These TRCs., are directed against the common order dated 25.4.1992 passed by the Sales Tax Appellate Tribunal, Andhra Pradesh, Hyderabad (for short, the Tribunal) in T.A. Nos. 1425 and 1426 of 1988. 2. A short question that arises for decision in these T.R.Cs., is whether raw rubber sheets were classifiable under Entry 101 of the First Schedule to the A.P.General Sales Tax Act, 1957 (for short, APGST Act) or it was taxable as a general item. 3. The petitioner in both the T.R.Cs., is M/s Scindia Rubber Works. The petitioner is a dealer in rubber and is an assessee on the rolls of the Commercial Tax Officer, VI Circle, Hyderabad for the assessment year 1978-79 and was assessed to tax through proceedings dated 14.1.1980 in Assessment No. 3267/78-79. The petitioner had reported a total turnover of Rs. 14,56,363.80ps and a net turnover of Rs. 14,56,363.80 ps. The Assessment Officer did not accept the turnover reported by the petitioner and had assessed the petitioner to a ...
Madhava Rao Desai Vs. Union of India and ors.
Court: Andhra Pradesh
Decided on: Oct-04-2001
Reported in: 2002(1)ALD398; 2002(4)ALT661; 93(2001)DLT321
S.B. Sinha, C.J.1. While passing an order disqualifying an elected member of Mandal Parishad Territorial Constituency or President of a Mandal Parishad in terms of Section 153 of A.P. Panchayat Raj Act, the principles of natural justice are required to be complied with is the question involved in these two Writ Petitions.2. Briefly noted, the facts are: The petitioner in W.P. No. 15631 is the President of Mudhole Mandal Telugu Desam Party. He was elected as member of M.P.T.C Mudhole 6 to 12, Adilabad District and a declaration to that effect was issued by the Election Officer - 4th respondent on 17.7.2001. In the election conducted for the post of President of Mandal Parishad, Mudhole, the petitioner and one Jadav Subhash Rao - 5th respondent obtained equal votes and the petitioner was elected as President on application of toss by the 4th respondent and he was accordingly declared to have been elected as President of Mudhole Mandal.3. While things stood thus, the 4th respondent issued...
Y.S.C. Babu and Vs. Chairman and Managing Director, Syndicate Bank and ...
Court: Andhra Pradesh
Decided on: Oct-04-2001
Reported in: 2001(5)ALT706; (2002)173CTR(AP)151; [2002]253ITR1(AP); [2002]120TAXMAN88(AP)
S.R. Nayak, J.1. The petitioner in W. P. No. 14201 of 2001, and the petitioner in W. P. No. 14218 of 2001 worked as Deputy Chief Officer (Inspection) and Manager (Audit), respectively, in the establishment of the Syndicate Bank and both of them took voluntary retirement under the Syndicate Bank Employees Voluntary Retirement Scheme, 2000, for short ('the VRS'), which scheme is approved by the Government of India. In terms of the said scheme, a total sum of Rs. 9.44 lakhs is payable to the petitioner in W. P. No. 14201 of 2001 whereas a sum of Rs. 10,59,530 is payable to the petitioner in W. P. No. 14218 of 2001 as ex gratia/compensation. Out of the said sums of money payable to the petitioners, only 50 per cent. of the compensation, i.e., Rs. 4.72 lakhs to the petitioner in W. P. No. 14201 of 2001 and Rs. 5,29,765 to the petitioner in W. P. No. 14218 of 2001, has to be paid within 30 days of relief and the balance of 50 per cent. of compensation is payable in five equal annual instalme...
Myakla Konda Reddy Vs. Myakla Keshava Reddy
Court: Andhra Pradesh
Decided on: Oct-04-2001
Reported in: 2002(1)ALT343
ORDERP.S. Narayana, J.1. The Civil Revision Petition is directed as against an order made by the Senior Civil Judge at Nagarkurnool in I.A. No. 198/2000 in A.S. No. 7/2000 dated 31-7-2000. The Revision Petitioner is the respondent in the said application and also respondent in the appeal. The respondent in the Civil Revision Petition filed the application I.A. No. 198/2000 in A.S. No. 7/2000 on the file of Senior Civil Judge, Nagarkurnool under Order 41 Rule 27 C.P.C. to permit him to adduce additional evidence before the Court by examining one M. Kondareddy s/o. Chandraiah and to get the documents, namely, registered gift deed dated 949/2000 dated 29-4-2000, ryotwari passbook and title deeds, to be marked through him. It was stated that the petitioner herein filed a suit O.S. No. 68/88 for declaration of title and injunction contending that he had acquired the same through a will alleged to have been executed by his late father and the respondent had resisted the suit denying the same...
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