Andhra Pradesh Court December 2001 Judgments
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M.J. Veeramani and ors. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Dec-05-2001
Reported in: 2002(1)ALD621; 2002(1)ALT110
Ar. Lakshmanan, C.J.1. Heardall the parties.2. This appeal is directed against an interlocutory order passed by a learned single Judge of this Court in WVMP No.3079 of 2001 in WPMP No.16998 of 2001 in WP No. 13627 of 2001. Pending the writ petition, the above WPMP was filed to suspend operation of the proceedings in RC 846 of 2001 - Election, dated 22-6-2001of the District Collector (Co-operation) Hyderabad Urban District, the Election Authority notifying the elections to be held on 27-7-2001 for the post of President and Managing Committee Member of the Bhagyalakshmi Co-operative Housing Society Limited, TAB 76, Srinagar Colony, Hyderabad and by order dated 6-7-2001, interim suspension was granted. However, learned single Judge after following the judgment reported in SSSJS (M.M.) SOU Sanstha v. State of Maharashtra, AIR 2001 SCW 3959, vacated the interim suspension granted by this Court on 6-7-2001. The learned Judge has followed the judgment referred to above which held that the wri...
Asia Pacific Investment Trust Ltd. Vs. Shaw Wallace and Co. Ltd.
Court: Andhra Pradesh
Decided on: Dec-05-2001
Reported in: (2002)174CTR(AP)488
1. This is an application filed by the Official Liquidator under Section 446(2)(b) of the Companies Act, 1956 ('the Act') with a prayer as follows :'(i) To direct the respondent herein to pay to the applicant herein a sum of Rs. 11,60,461 along with interest @ 18 per cent p.a. with effect from 19-8-1998, till the date of realization;(ii) order the costs of this application to come out of the assets of the company.'By an order dated 19-8-1998 made in Company Petition No. 84 of 1997, this Court directed that the company known as Asia Pacific Investment Trust Limited be wound up and the official liquidator attached to this Court was appointed to be the liquidator of the said company. The liquidator, on examination of the records of the company, came to the conclusion that the respondent herein owes an amount of Rs. 11,60,461 along with interest with effect from 19-8-1998 to the company in liquidation, and therefore called upon the respondent by his notice dated 8-6-1999 to pay the above m...
J. Bhaskar Rao Vs. General Manager, South Central Railway, Rail Nilaya ...
Court: Andhra Pradesh
Decided on: Dec-04-2001
Reported in: 2002(2)ALD286
ORDERJ. Chelameswar, J.1. This application is filed under Section 11 of the Arbitration and Conciliation Act, 1996 ( for short 'the Act') with the prayer as follows :'To make the appointment of sole Arbitrator for adjudicating all the disputes relating to 9claims made by the petitioner to be filed before the sole Arbitrator to be appointed by this Honourable Court and for passing of Award by such sole arbitrator with finality after directing the 1st respondent to produce the original agreement before the sole Arbitrator and for a direction for expeditious disposal of the above disputes in the light of the delay that was caused so far in respect of the disputes in question.'2. This case has a long and checkered history. The parties herein entered into an agreement on 15-9-1984 whereunder the applicant is required to execute certain works for the respondents. The further details of the work may not be necessary for the purpose of this order. However, there are certain general conditions ...
Government of Andhra Pradesh and ors. Vs. Puniparthi Narayana Raju and ...
Court: Andhra Pradesh
Decided on: Dec-04-2001
Reported in: 2002(1)ALD622; 2002(1)ALT113
Ar. Lakshmanan, C.J.1. The Government of Andhra Pradesh and 3 others are the appellants in this appeal. The appealwas filed by the Stale against an order passed by a learned single Judge of this Court in WP No.21781 of 2001 at the admission stage.2. The writ petitioners filed the writ petition to issue a direction to the respondents therein to pay the enhanced compensation as per the judgment and decree in the earlier OP 1488 of 1988 dated 13-5-1996 on the file of the Subordinate Judge, Rajampet, Cuddapah District.3. The learned Judge without even ordering notice to the respondents therein allowed the writ petition by issuing a mandamus directing the respondents to deposit the enhanced compensation in terms of the decree and judgment within a period of three months from the date of receipt of a copy of the Order.4. We have heard the learned Government Pleader and the Counsel appearing for the respondents in this appeal.5. According to the learned Government Pleader, the very writ petit...
Education Officer, Kendriya Vidyalaya Sangathan, New Delhi and anr. Vs ...
Court: Andhra Pradesh
Decided on: Dec-04-2001
Reported in: 2002(1)ALD589; 2001(6)ALT787
A.R. Lakshmanan, C.J. 1. TheEducation Officer, Kendriya Vidyalaya Sangathan, New Delhi and tlie Commissioner of the said Sangathan are the petitioners in this writ petition. The writ petition was filed to call for the records in OA No.1105 of 2001 from the Central Administrative Tribunal, Hyderabad Bench, (for short 'the Tribunal') and to declare the order passed therein dated 5-10-20001 as illegal and untenable and to quash the same.2. Before the Tribunal the transfer order dated 18-7-2001, issued by the first petitioner herein, whereby Smt. S. Ammajan, first respondent herein, was transferred from Visakhapatnam to Durgapur (West Bengal) was questioned. The said OA was filed by said Ammajan to set aside the order insofar as the applicant is concerned as arbitrary, illegal and contrary to the transfer guidelines and in violation of principles of natural justice. A further direction was also sought from the Tribunal to continue the applicant at Visakhapatnam. The Tribunal, on considerat...
Kaligotla Suryanarayana Murthy and ors. Vs. P.V. Ramanaiah
Court: Andhra Pradesh
Decided on: Dec-04-2001
Reported in: 2002(4)ALT229
ORDERP.S. Narayana, J.1. The respondent in the Civil Revision Petition filed under Section 22 of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, in short referred to as 'Act' hereinafter, is the landlord and the petitioner in R.C.C.No. 1/93 on the file of Rent Controller-District Munsif, Bheemunipatnam. The Revision Petitioners are tenants and the legal representatives of the tenants since certain parties died pending litigation.2. For the purpose of convenience, the parties will be referred to as 'landlord' and 'tenants'.3. The landlord filed R.C.C.No. 1/93 as petitioner in the said R.C.C. seeking the relief of eviction of the tenants pleading in the eviction petition as follows:The petitioner herein is the owner of the petition schedule property for which he has been regularly paying the taxes on the property to the Bheemunipatnam Municipality under Assessment No. 259 and the said schedule building was given on lease under a registered lease deed dated 1-7-1940 to one Ka...
Cynamid India Limited Vs. Commissioner of Commercial Taxes
Court: Andhra Pradesh
Decided on: Dec-04-2001
Reported in: [2002]128STC289(AP)
Motilal B. Naik, J. 1. In these special appeals the common question of law which arises for consideration is whether the Commissioner is correct in holding that the product 'Aurofac' sold by the appellant is a medicine falling under item 37 of the First Schedule to the A.P. General Sales Tax Act, 1957 and whether the Commissioner is correct in holding that the target discounts allowed by the appellant are not deductible.2. Since common question of law arises in all these appeals, they are disposed of by this common order.3. For better appreciation of facts, we trace the facts relating to Special Appeal No. 11 of 1996, which are as under :The appellant is a registered dealer under the A.P. General Sales Tax Act and Central Sales Tax Act and is an assessee on the file of the Commercial Tax Officer, Hydernagar Circle. During the assessment years 1983-84 to 1986-87 the appellant sold 'Aurofac' which is poultry-feed prepared with rice husk/bran, cotton seed/maize oil and containing small pe...
M. Vijaya Bhaskara Reddy Vs. High Court of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Dec-03-2001
Reported in: 2002(1)ALD489; 2002(2)ALT382
S.R. Nayak, J.1. This writ petition is directed against the order ROC No. 4518/95-B Section dated 13-11-1997 of the High Court of Andhra Pradesh rejecting the application of the petitioner dated 1-8-1979 to alter his date of birth from 15-6-1948 to 15-8-1949.2. The necessary and relevant facts leading to the filing of this writ petition be stated briefly as under:3. The petitioner was initially appointed as District Munsif in the Andhra Pradesh State Judicial Service on 16-8-1976 and he had undergone training for six months from 16-8-1976 to 15-2-1977 and after completion of the training, he was posted as District Munsif, Satyavedu on probation. By the Order in ROC No. 3524/83-B-2, dated 30-12-1983 of the Registrar(Administration) of the High Court of Andhra Pradesh, the petitioner was declared to have satisfactorily completed his period of probation in the cadre of District Munsif with effect from 22-1-1980. In other words, the petitioner was on probation as District Munsif till 22-1-...
Thumati Paripurna Govindamma and ors. Vs. Thatha China Venkata Subbaia ...
Court: Andhra Pradesh
Decided on: Dec-03-2001
Reported in: 2002(3)ALT3
B. Prakash Rao, J. 1. The defendants 1, 2 and 4 are the appellants-petitioners herein who are aggrieved against the judgment and decrees in O.S. No. 185, 186 and 187 of 1983 dated 10-9-1993 and the orders passed in I.A. Nos. 2355, 2356 and 2357 of 1993 dated 14-9-1994 on the file of the Principal Subordinate Judge at Ongole.2. All the three suits were filed for recovery of Rs. 1,19,662-40, Rs. 35,024-64 and Rs. 1,90,662-40 on the foot of promissory notes of the even date 23-12-1980 marked as Exs.A-11, A-9 and A-12 executed by late Thumati Rangaiah Choudhary.3. The first defendant is the wife, the second defendant is the son and defendants 3 and 4 are the daughters of the said late Rangaiah Choudhary.4. As per the plaint allegations, Rangaiah Choudhary was doing business in Tobacco and he was the kartha of the joint family consisting of the defendants 1 to 4. He died on 1-6-1982. Late Rangaiah Choudhary was running the business under the name and style of M/s. Lavanya Tobacco Private Li...
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