Andhra Pradesh Court February 2001 Judgments
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V.M. Thomas Vs. Tata Projects Limited, Hyderabad
Court: Andhra Pradesh
Decided on: Feb-23-2001
Reported in: 2001(2)ALD588; 2001(2)ALT488
ORDER1. The question which arises for consideration in this application is as to whether having regard to the settlement arrived at between the parties on 12-9-1998, the arbitration agreement contained in clause 56 of the contract survives. Certain facts are not disputed. The parties entered into a contract for civil structural work for gas lift facilities at CPF, Gandhar. The agreement contained in arbitration an clause which is in the following terms:'56.1: If any dispute shall arise between parties touching on the contract/agreementor the construction or operation thereof, or the rights, duties or liabilities under these, except as to any matters, the decision of which is specially provided for by the General or the Special Conditions, such disputes shall be referred to two arbitrators, one to be appointed by each party, and the said arbitrators shall together appoint an Umpire in writing before entering on the reference and the award of the arbitrators or the Umpire, as the case ma...
E. Anantha Ramana Vs. State Bank of India, Kothakota, Visakhapatnam
Court: Andhra Pradesh
Decided on: Feb-23-2001
Reported in: 2001(2)ALD585; 2001(3)ALT22
ORDER1. Defendant is the petitioner before this Court. The respondent filed a suit for recovery of a sum of Rs.9,681-30 from the petitioner herein before the learned trial Judge. The plaintiff/respondent proceeded on the basis that the defendant/ petitioner had taken loan of Rs.5,000/- from the plaintiff-Bank towards agricultural expenses on 22-8-1988. The said loan was collaterally secured by agreement forhypothecation executed by the defendant/ petitioner on the same day in terms whereof he had agreed to repay the said amount with interest at 11.5% per annum. It is the further case of the plaintiff/respondent that the defendant/petitioner executed revival letters on 26-10-1989 and 21-10-1992.2. The defendant/petitioner in his written statement admitted the borrowing of the aforementioned sum. He, however, denied the execution of the hypothecation agreement, revival letters, etc.3. The plaintiff/respondent in support of its claim examined two witnesses and proved certain documents, wh...
K. Venkatesh and Another Vs. A. Subrahmanyam and Another
Court: Andhra Pradesh
Decided on: Feb-23-2001
Reported in: 2001(3)ALD165; 2001(3)ALT109
ORDER1. Notice was served on the respondents. None appeared for the respondents. Hence the respondents are set ex parte.2. Aggrieved by the order, dated 13-9-2000, of the learned Principal Senior Civil Judge-cum-Rent Control Appellate Authority, Chittoor in IA No. 158 of 2000 in RCA No.12 of 2000 granting stay of the operation of the eviction order passed by the learned Rent Controller in RCC No.2 of 1997 on deposit of Rs. 2,250/- towards the arrears of rent for the period from April to August, 2000 and costs of RCC No.2 of 1997, the landlord filed this civil revision petition.3. The main contention is that though under Section 11(1) of the Andhra Pradesh (Lease, Rent and Eviction) Control Act, no tenant against whom an application for eviction has been made by landlord under Section 10 of the Act, shall be entitled to contest the application before the Rent Controller under that section or to prefer any appeal under Section 20 against any order made by the Controller on the applicatio...
Mirza Mukaram Ali Baig Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Feb-22-2001
Reported in: 2001(2)ALD166; 2001(2)ALT16
ORDER1. The writ petitioner challenges the Memo No.19518/SS.1/99-12, dated 17-9-1999 on the file of the first respondent-Government. The first respondent-Government by the impugned order disposed of the revision petition filed by respondents 5 to 8 under Section 166-B of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317-Fasli (for short 'the Act'). The revision petition itself has been preferred by respondents 5 to 8 against the proceedings dated 8-7-1997, 30-11-1997 and 31-12-1998 on the file of the second respondent-Commissioner of Survey, Settlements and Land Records, Andhra Pradesh, Hyderabad. The first respondent-Government passed the impugned order setting aside the said proceedings on the file of the second respondent. It is challenged in this writ petition on various grounds.2. Before adverting to the question as to the validity of the impugned Memo, the relevant facts may have to be noticed.Factual Matrix:3. The petitioner herein along with some others claim to be the...
Ambati Anjaiah Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Feb-22-2001
Reported in: 2001(3)ALD70; 2001(3)ALT264
ORDERS.B. Sinha, CJ1. This appeal is directed against a judgment and order dated 13-12-2000 passed by a learned single Judge of this Court in Writ Petition No.19789 of 1997 and batch whereby and whereunder the writ petition filed by the petitioner-appellant herein was dismissed with costs. Under the A.P. Co-operative Societies Actthe Fishermen Co-operative Society of Vemulakonda village ('the Co-operative Society' for short) is registered. Its membership stood at 81. The water spread area available to it for conducting fishing operations in the tank was about 61.31 hectares. The co-operative Society filed the writ petition questioning an order passed by the 1st respondent herein while disposing of a revision petition directing the Assistant Director of Fisheries, Nalgonda to take immediate necessary action for removal of the ineligible members from the society and also to admit 10 fishermen selected by the Assistant Director on 4-5-1983. It appears that the 1st respondent had called fo...
Ashok Leyland Finance Limited, Secunderabad Vs. Government of A.P. and ...
Court: Andhra Pradesh
Decided on: Feb-22-2001
Reported in: 2001(3)ALD81; 2001(3)ALT463
ORDERS.B. Sinha, CJ1. Although I agree with the judgment proposed to be pronounced by my learned brother, I would only tike to add that the hirer being dead, in the proceedings before the authorities under the Act, the question as to what extent the hirer was a defaulter could not have been gone into. In a situation of this nature, the only remedy of the appellant is to file a suit for recovery of the amount against the heirs and legal representatives of the hirer. The heirs and legal representatives of the hirer also were not impleaded as party-respondents in the proceedings and thus the allegations made in the application for release of the vehicle filed by the appellant could not have been contested by them. On that ground also the application is not maintainable.2. The questions that arise for decision in this writ appeal are: (i) whether the appellant-financier has discharged the burden of proving that the lorry in question was used for carrying the contraband forest produce witho...
Uppalapati Durga Prasad Vs. Executive Engineer (Randb) N.H. Division, ...
Court: Andhra Pradesh
Decided on: Feb-22-2001
Reported in: 2001(4)ALD176; 2001(4)ALT228
ORDERBilal Nazki, J.1. All these writ petitions raise same questions. They have been heard together and are being disposed of by this common judgment. The controversy is very short and revolves around the meaning to 'lease' in the context of the Indian Stamp Act, 1899. All the petitioners were conferred right by the appropriate authorities to collect the toll in terms of the Stamp Act. After inviting the bids the petitioners for different premises were the highest bidders and the right to collect the toll tax was leased out to them. The terms and conditions almost in all the transactions are same. We are not referring to the facts of each case but as a sample we are taking Writ Petition No.6631 of 1999 as this is the only writ petition within the batch in which the vires of Section 2(16) of the Stamp Act has also been challenged, in other writ petitions there is no challenge to Section 2(16) of the Stamp Act. After the agreement was signed the respondents asked the petitioners to depos...
Commissioner of Income-tax Vs. Hyderabad Race Club
Court: Andhra Pradesh
Decided on: Feb-22-2001
Reported in: (2001)168CTR(AP)476; [2001]249ITR391(AP)
S. Ananda Reddy, J.1. At the instance of the Revenue, the Income-tax Appellate Tribunal referred the following question, said to arise out of its order in I. T. A. No. 234 of 1979, dated June 26, 1990, for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is correct in law in holding; that the income-tax liability of Rs. 28,413 relating to the assessee's predecessor is an allowable expenditure under the Income-tax Act, 1961 ?'2. The brief facts of the case are that the assessee-company succeeded to the business of an association of persons, viz., Hyderabad Race Club, Hyderabad, which was conducting the races. In the process of taking over the business, it took over all the assets and liabilities of its predecessor. At the time when the assets and liabilities were taken over by the assessee-company, there was no demand of income-tax. However, subsequently there was a demand for a sum of Rs. 28,413 which was due by the asses-se...
J. Shadrack Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Feb-20-2001
Reported in: 2001(2)ALD597; 2001(3)ALT548
ORDERS.B. Sinha, CJ 1. This application is directed against a judgment and order dated 31-12-1998 passed by the Central Administrative Tribunal in Original Application No.950 of 1998 whereby and whereunder the application filed by the petitioner herein was dismissed, Before the learned Tribunal, the petitioner prayed for setting aside the Memorandum No.GR/P.481/A/V, dated 24th August, 1998, which was issued reviving the order of recovery of overpaid amounts to the petitioner.2. The facts of the matter are not much in dispute. The petitioner was initially appointed as Khalasi in the Loco Shed of Hubli Division on 21-1-1977. He opted for transfer for newly opened Wagon Worshipat Guntupalli and thereafter he was promoted to Welder (skilled) Grade III, II and I on 31-12-1980, 1-1-1984 and 1-3-1993 respectively. In the seniority list of skilled Grade-Ill Welders published on 23-2-1989, he was placed at Serial No.77. The said entry was later on found to be erroneous and alongwith three colle...
Jalal and Sons and Another Vs. Sita Bai (Died) by Lrs. and Others
Court: Andhra Pradesh
Decided on: Feb-20-2001
Reported in: 2001(2)ALD547; 2001(2)ALT683
ORDER1. In this tenant's revision under Section 22 of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereafter called 'the Act'), the first petitioner is the proprietary concerned and the second petitioner is proprietor of the first petitioner (hereafter compendiously called as 'tenant'). The tenant is aggrieved by the order of the Court of Additional Chief Judge, City Small Causes Court, Hyderabad, dated 24-3-2000 in RA No.47 of 1995, confirming the eviction order passed by the Court of III Additional Rent Controller, Hyderabad, in RC No.t084 of 1986 dated 31-12-1994. The order of the appellate authority is impugned on the ground that the same is vitiated by irregularity and illegality. The parties are referred to as they are arrayed in Rent Control Case.2. The tenant is running business in the name and style of M/s. Jalal & Sons. The tenant was inducted in 1938. The tenant runs a watch repair and sales shop in suit mulgi bearing premises No.5-8-543. The shop a...
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