Andhra Pradesh Court December 2001 Judgments
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Chief Project Manager, Railway Electrification, Visakhapatnam Vs. Elec ...
Court: Andhra Pradesh
Decided on: Dec-12-2001
Reported in: 2002(1)ALD788
A.R. Lakshmanan, C.J.1. Chief Project Manager, Railway Electrification, Visakhapatnam is the petitioner in this writ petition.2. In this writ petition, the order dated 2-8-2001 passed in AA No. 58 of 1999 appointing the second respondent, Sri Justice N.D. Patnaik, as the sole arbitrator on the application filed by the first respondent herein under Section 11(6) of the Arbitration and Concillation Act, 1996 (for short 'the Act') is assailed.3. The first respondent was awarded with Overhead Equipment Contract for Bellampalli (Excl) - Ballarsh (incl.) section of vijayawada - Ballarsh Railway Line under the approval letter dated 31-1-1983 issued by the Railway Board. According to the railways, the first respondent did not complete the contract work awarded within the time stipulated and eleven extensions were given to it to complete the work. The first respondent completed all the works by March, 1989, but the extension was given to him to carry out the left over miscellaneous works, which...
Cultor Food Science Inc. Vs. Nicholas Piramal India Ltd. and ors.
Court: Andhra Pradesh
Decided on: Dec-12-2001
Reported in: 2002(2)ALD149; 2001(6)ALT706
C.Y. Somayajulu, J.1. Since parties to the C.M.A. and the C.R.P. are the same, they would hereinafter be referred to as they are arrayed in the C.M.A. 1st Respondent filed the suit against the appellant and respondents 2 and 3, seeking a decree of perpetual injunction restraining appellant and 3rd respondent from taking any action under the agreement dated 30-6-1999 (hereinafter referred to as suit agreement) for sale and purchase of Maltol and Ethyl Maltol business of the appellant including arbitration proceedings before the 3rd respondent on the ground that the suit agreement is vitiated by fraud and is opposed to public policy and so is bad in law, and filed I.A.No. 1352 of 2000 in the suit, seeking an injunction restraining appellant and 3rd respondent from proceeding with the arbitration invoked by appellant before the 3rd respondent. Learned trial Judge granted an ex parte injunction and ordered notices. After receipt of notice, appellant filed I.A.No.1640 of 2000 seeking stay o...
Cultor Food Science Inc. Vs. Nicholas Piramal India Limited and ors.
Court: Andhra Pradesh
Decided on: Dec-12-2001
Reported in: 2002(1)ALD154
C.Y. Somayajulu, J.1. Since parties to the CMA and the CRP are the same, they would hereinafter be referred to as they are arrayed in the CMA 1st respondent filed the suit against the appellant and respondents 2 and 3, seeking a decree of perpetual injunction restraining appellant and 3rd respondent from taking any actionunder the agreement dated 30-6-1999 (hereinafter referred to as suit agreement) for sale and purchase of Maltol and Ethyl Maltol business of the appellant including arbitration proceedings before the 3rd respondent on the ground that the suit agreement is vitiated by fraud and is opposed to public policy and so is bad law, and filed IA No.1352 of 2000 in the suit, seeking an injunction restraining appellant and 3rd respondent from proceeding with the arbitration invoked by appellant before the 3rd respondent. Learned trial Judge granted an ex parts injunction and ordered notices. After receipt of notice, appellant filed IA No. 1640 of 2000 seeking stay of all further p...
Chief Project Manager, Railway Electrification Vs. Electrical Construc ...
Court: Andhra Pradesh
Decided on: Dec-12-2001
Reported in: 2002(1)ALT111
ORDERAR. Lakshmanan, C.J.1. Chief Project Manager, Railway Electrification, Visakhapatnam is the petitioner in this writ petition.2. In this writ petition, the order dated 2.8.2001 passed in A.A. No. 58 of 1999 appointing the second respondent, Sri Justice N.D. Patnaik, as the sole arbitrator on the application filed by the first respondent herein under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') is assailed.3. The first respondent was awarded with Overhead Equipment Contract for Bellampalli (Excl) - Ballarsh (incl.) section of Vijayawada - Ballarsh Railway Line under the approval letter dated 31.1.1983 issued by the Railway Board. According to the railways, the first respondent did not complete the contract work awarded within the time stipulated and eleven extensions were given to it to complete the work. The first respondent completed all the works by March, 1989, but the extension was given to him to carry out the left over miscellaneous works,...
D. Kamalakar Rao Vs. the State of Andhra Pradesh, Rep.by the Principal ...
Court: Andhra Pradesh
Decided on: Dec-12-2001
Reported in: [2002]127STC306(AP)
Ar. Lakshmanan, C.J.1. Heard Shri Vedula Srinivas, learned counsel appearing on behalf of the petitioner in this case. This Writ Petition is filed by way of Public Interest Litigation.2. The petitioner by this Writ Petition challenging G.O.Ms. No. 540, Industries and Commerce (IP) Department, dated 30.10.2001 whereby the Government of Andhra Pradesh has extended benefit of Sales Tax Deferment in favour of the 3rd respondent, India Cements Limited, up to an amount of Rs. 200.00 Crores which is interest free, on the ground that the same is arbitrary, unreasonable, ultra vires the powers of the Government, and also opposed to the welfare of the public exchequer.3. The petitioner states that he is a public spirited person and has no personal interest in the subject matter of the Writ Petition and, therefore, this Writ Petition is being filed only to bring to the notice of this Court about the illegal concession of more than Rs. 200.00 Crores granted by the State of Andhra Pradesh in favour...
Mohd. Mahmood Ali and ors. Vs. Deputy Commissioner of Commercial Taxes ...
Court: Andhra Pradesh
Decided on: Dec-12-2001
Reported in: 2002(2)ALT754
L. Narasimha Reddy, J.1. W.P. No. 24460 of 1999 is filed against the judgment of the Andhra Pradesh Administrative Tribunal (for short 'the Tribunal') in O.A. No. 4854/93 dated 12-10-1999; W.P. No. 1136 and 1426 of 2000 are filed against the judgment of the Tribunal in O.A. No. 666/94 dated 14-7-1999; and W.P. No. 4500 of 2000 is filed against the judgment of the Tribunal in O.A. No. 7492/99 dated 8-2-2000. The issue involved in these writ petitions is common. Hence, they are disposed of by a common judgment.2. Briefly stated, the facts leading to filing of the OAs and consequently the writ petitions are as under:The writ petitioners were appointed as Junior Assistants in the year 1987 in the Commercial Tax Department, having been selected by the respective District Selection Committees (for short 'the DSCs'). Ever since then, they have been borne on the cadre of the L.D.Cs. in the Commercial Tax Department. The party respondents in the writ petitions have appeared in the recruitment t...
Shaik Zaheer Vs. the State of A.P., Through Public Prosecutor
Court: Andhra Pradesh
Decided on: Dec-12-2001
Reported in: 2002(1)ALT(Cri)177
ORDERB. Sudershan Reddy, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure to quash the judgment of both the Courts below passed in S.T.C No. 286 of 1999 on the file of the learned XIV Metropolitan Magistrate, Hyderabad to the extent of confiscation of the seized amount and the judgment passed in Criminal Revision Petition No. 236 of 1999 on the file of the learned I Additional Metropolitan Sessions Judge, Hyderabad. The petitioner accordingly prays for a consequential direction to the respondent to refund the amount of Rs. 3,000/- to secure the ends of justice.2. Before adverting to the question as to whether the impugned orders suffer from any legal infirmity and as to whether the petitioner is entitled for the refund of the amount as prayed for, it may be necessary to briefly notice the relevant facts leading to filing of this petition.3. The respondent-State filed a charge sheet against the petitioner-accused for the offence punishable under Sect...
Grandhi Padmanabham Vs. Rajesh Gothi
Court: Andhra Pradesh
Decided on: Dec-12-2001
Reported in: 2002(3)ALT157
ORDERP.S. Narayana, J.1. Heard Sri T.S. Anand the learned counsel representing the revision petitioner and Sri Vijay, the learned counsel representing the respondent.2. The C.R.P. is filed under Section 25 of the Provincial Small Cause Courts Act, in short hereinafter called as 'Act', as against the judgment and decree made in S.C. No. 55/98 on the file of Principal Junior Civil Judge at Vizianagaram. The suit filed by the revision petitioner-plaintiff for recovery of a sum of Rs. 3,456/- with subsequent interest was dismissed by an order, dated 10-11-2000, and aggrieved by the same, the present C.R.P. is filed.3. It is the case of the revision petitioner-plaintiff that the father of the respondent-defendant was inducted as tenant in the plaint schedule shop in the year 1968 on a monthly rent of Rs. 300/- payable on first of every succeeding month and subsequent thereto, the rent was enhanced to Rs. 400/-per month and the father of the respondent-defendant died in the month of April, 1...
Nimmagadda Krishna Hari and anr. Vs. Manepalli Mangamma
Court: Andhra Pradesh
Decided on: Dec-11-2001
Reported in: 2002(1)ALD512; 2001(6)ALT765
ORDERA.R. Lakshmanan, C.J. 1. Thematter arises under the A.P. Buildings (Lease, Rent and Eviction) Control Ad, 1960 (hereinafter referred to as 'the Act). CR.P No.3592 of 2000 was filed by the unsuccessful tenants in both the Courts below. The husband of the first petitioner was the tenant in the scheduled premises and during the lifetime of the original tenant, certain disputes arose between the landlord and the tenant and the tenant filed O.S. No.422 of 1990 on the file of the Second Additional District Munsif, Vijayawada for injunction against the respondent and thesame was decreed on 31.3.1994. The tenant also filed R.C.C. No.98 of 1990 under Section 8(5) of the Act seeking permission to deposit the rent into the Court. The said petition was filed on 6.7.1990 and the same was allowed on 20.6.1991. Subsequent thereto on 5.8.1992, the original tenant died and the first petitioner being the wife and the second petitioner being the daughter were added as the legal representatives in O....
P. Gunavatha Rao Vs. M. Mohan Raju and anr.
Court: Andhra Pradesh
Decided on: Dec-11-2001
Reported in: 2002(1)ALT(Cri)264
Gopala Krishna Tamada, J.1. This is a petition under Section 482 of the Code of Criminal Procedure by the petitioner, who was the complainant in C.C. No. 466 of 1994 on the file of the Court of the II Addl. Munsif Magistrate, Tirupathi, questioning the order passed by the learned Magistrate dated 30.6.1998 in the case, as confirmed by the V. Addl. District Judge, Tirupathi, in Crl. R.P. No. 65 of 1998.2. The facts which led to the fifing of this petition are that the 1 st respondent herein who is the accused in C.C. No. 466 of 1994 issued a cheque bearing No. 110474 dated 10.12.1992 for Rs. 4 lakhs and on presentation, the petitioner was informed by the Banker that the cheque was returned with an endorsement, 'insufficient funds'. Pursuant to that, the petitioner herein filed a complaint against the 1 st respondent herein for the alleged offences punishable under Sections 138 and 142 of the Negotiable Instruments Act. While so, on 30.6.1998, as the complainant i.e., the petitioner here...
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