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Andhra Pradesh Court May 2001 Judgments

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May 18 2001

N. Swarnalatha Vs. Managing Director, Apsrtc, Hyderabad and Others

Court: Andhra Pradesh

Decided on: May-18-2001

Reported in: II(2002)ACC155; 2001(4)ALD257

ORDERG. Bikshapathy, J 1. In allthese cases the constitutional validity of clause (ca) of sub-section (3) of Section 68 of the A.P. Motor Vehicles Act 1988 is challenged.2. The writ petitioners filed applications for grant of pucca stage carriage permits on the routes mentioned in their respective applications. Those applications were rejected by the Regional Transport Authority concerned on the ground that the routes for which applications were made for grant of stage carriage permits were not formulated by the Government as required under Section 68(3)(ca) of the Motor Vehicles Act and therefore no permits could be granted to ply the vehicles. Aggrieved by such decisions the present writ petitions have been filed assailing the constitutional validity of Section 68(3)(ca) of the M.VAct.3. Sri M.V. Ramana Reddy learned senior Counsel appearing on behalf of some of the writ petitioners. Mr. T. Venkataramana, Mr. Narasimhachari, Mr.Narasimha Reddy, Mr. Maruthi Raja and the learned Additi...


May 13 2001

Mohd. Yousuf Vs. Director General and Inspector-general of Police, And ...

Court: Andhra Pradesh

Decided on: May-13-2001

Reported in: 2001(3)ALD93; 2001(3)ALT520

ORDERS.B. Sinha, CJ.1. This writ petition is directed against an order dated 17-2-1995 passed by the A.P. Administrative Tribunal in RP No.3075 of 1989, as also the order dated 27-10-1999 in Review MA No.657 of 1995.2. The petitioner herein was charge-sheeted, on the allegation of Commission of certain misconduct. A departmental proceeding was held and punishment of removal from service was imposed upon him by the disciplinary authority. An appeal was preferred there against by the petitioner and the appellate authority reduced the punishment by substituting the same by reduction in rank removal from service. The revision carried there against by the petitioner herein was dismissed.3. The learned Tribunal has arrived at a finding of fact that the enquiry was not vitiated by any irregularity or illegality. Asregards the quantum of punishment, it was held that lenient view has already been taken by the appellate authority. The Tribunal, thus, held:'There is no illegality or irregularity ...


May 08 2001

A.P. Products, Hyderabad Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: May-08-2001

Reported in: 2001(4)ALD161; 2001(4)ALT307

ORDERB. Subhashan Reddy, J 1. These TRCs and in all writ petition raise a common point with regard to the imposition of sales tax on the sale of the spices. 2. TRCs have been filed against the orders of the Sales Tax Appellate Tribunal rejecting the contention of the petitioner that the kind of Masala powder he prepares after grinding spices like Jeera, Menthi, Dhaniya, Sajeera, Dry Ginger etc., is not a fresh product, but a mixture of the products, which had already suffered sales tax and the sales tax on the said items being single point, the Masala powder, which is nothing but the reflecting of the said taxed goods is not further exigible to sales tax. 3. The petitioner purchase various ingredients like Jeera, Menthi, Dalchina, Khaskhas, Sahjeera etc., from registered dealers in the State of Andhra Pradesh and the said items are subjected to sales tax at Entry No. 182 of I Schedule to the APGST Act. All the said items are called spices. The said taxed spices are added together and g...


May 08 2001

P. Laxmi Devi Vs. Government of A.P. and Others Overruled

Court: Andhra Pradesh

Decided on: May-08-2001

Reported in: AIR2001AP446; 2001(3)ALT666

ORDERB. Subhashan Reddy, J.1. In thiswrit petition, the constitutional validity of Section 47-A of Indian Stamp Act, 1899 as amended by A.P. Act No.8 of 1998 is challenged. By the said provision, the party whose document is presented for registration is required to deposit 50% of differential duty as estimated by the registering authority.2. The petitioner had purchased land bearing S.No.594/B situated at village Kapra of Keesara Mandal of Ranga Reddy District. Firstly, agreement of sale was entered on 25-1-1989 and as there was breach of contract in performance on the part of Vendor, a suit in OS No.1416 of 1997 was filed before II Additional Senior Civil Judge, Hyderabad and the same was decreed. When the sale deed was not executed pursuant to the decree, Execution Petition No.5 of 2000 was filed. An officer of the Court was deputed to present the sale deed which was stamped according to the directions of the Court. But, the registering authority raised objection with regard to quant...


May 08 2001

Govt. of A.P. and anr. Vs. K.C.P. Sugar and Industries Corporation Ltd ...

Court: Andhra Pradesh

Decided on: May-08-2001

Reported in: AIR2001AP486; 2001(3)ALT735

B. Subhashan Reddy, J.1. This writ appeal has been filed aggrieved by the order dated 20-4-1999 rendered by the learned single Judge in W.P. No. 2876 of 1999..2. The above writ petition was filed questioning G.O.Ms.No. 420, Industries and Commerce (Sugar) Department dated 4-12-1998. By the said Governmental order, the State of Andhra Pradesh had directed the sugar and Khandasari factories to pay a minimum price of Rs. 652.50 ps. per metric tonne of sugar cane, as against the statutory minimum price of Rs. 527/- per metric tonne fixed by the Government of India.3. The contention before the learned single Judge was that the Sugarcane (Control) Order, 1966 was issued in exercise of the power under Section 3 of the Essential Commodities Act, 1955 and Clause 3 of the said order enables the Central Government to fix the statutory minimum price payable by the owners of the vacuum pan process sugar factories or their agents for sugar can delivered at the gate of the factory or any purchasing c...


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