Andhra Pradesh Court July 2001 Judgments
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Stillbene Chemicals Limited, Secunderabad and Others Vs. Federal Bank ...
Court: Andhra Pradesh
Decided on: Jul-31-2001
Reported in: 2001(5)ALD89
ORDERS.B. Sinha, C.J. 1. This writ petition is directed against an order dated 3-4-2001 passed by the Debt Recovery Tribunal in Original Application No.498 of 2000 whereby and whereunder an advocate-Commissioner appointed has been directed to seize and sell the machinery and equipment as per the inventory report prepared by him in a public auction. The 1st respondent herein filed an application before the learned Tribunal below in terms of Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the Act'). An interlocutory application was filed with the said original application wherein the following prayer was made:The applicant pray the Hon'ble Tribunal be pleased to appoint an advocate Commissioner to prepare inventory of the list of machinery, book debts, stores and all other hypothecated assets and file the report before the Hon'ble Tribunal. The applicant also prays for an interim order restraining thereby the defendants f...
Khoday India Limited Bangalore and Others Vs. Government of A.P. and O ...
Court: Andhra Pradesh
Decided on: Jul-31-2001
Reported in: 2001(5)ALD233
ORDERS.R. Nayak, J.1. In all these writ petitions, the petitioners are the companies, registered under the Companies Act and manufacturers of liquors situated in the States of Karnataka and Maharashtra. They export liquor to the State of Andhra Pradesh, through the importer, namely, the Andhra Pradesh Beverages Corporation Limited, Hyderabad. The said Corporation is also a Government Company registered under the provisions of the Companies Act.2. In these writ petitions, the petitioners have assailed the constitutional validity of sub-rules (2), (4) (5) and (6) of Rule 10 of the A.P. Indian Liquor and Foreign Liquor Rules, 1970 (for short 'the Rules') framed by the Government of Andhra Pradesh, in exercise of the powers conferred by Section 72 of the A.P. Excise Act, 1968 (for short 'the Act'). The petitioners have also sought for certain other reliefs, such as declaration that the action of the respondents in collecting the countervailing duty and import fee afresh for the second time...
Pidigala Linga Reddy and ors. Vs. Satla Srinivas and ors.
Court: Andhra Pradesh
Decided on: Jul-31-2001
Reported in: 2003ACJ692; 2001(6)ALD429; 2001(6)ALT367
Motilal B. Naik, J.1. Appellants herein, who are the claimants in O.P. No. 334 of 1991 on the file of the Motor Accidents Claims Tribunal (District Judge's Court),Karimnagar, assail the award dated 30.11.1993 made by the Tribunal in the above O.P., on various grounds.2. Appellants 1 and 2 are the parents and the 3rd appellant is the wife of the deceased P. Srinivasa Reddy. According to the Appellants on 26.12.1990 while the deceased along with T. Devendar Reddy, who is the 4th respondent in the above O.P., were proceeding on Yamaha Motor Cycle being driven by the said Devendar Reddy to Siddipet, around 1.45 P.M. when they reached the place in front of a barber shop near Alugunuru bus stage, an Ambassador Car bearing No. AAR 9876 came in opposite direction with high speed and in rash and negligent manner, hit the motor cycle causing multiple injuries to the deceased Srinivasa Reddy and Devendar Reddy. The deceased was initially treated in the Government Headquarters Hospital at Karimnag...
Executive Director, Mr. G. Devandanam Property Association of Baptist ...
Court: Andhra Pradesh
Decided on: Jul-30-2001
Reported in: 2001(5)ALD658; 2001(6)ALT322
Motilal B. Naik, J.1. This appeal is directed against the award made by the Court of the Subordinate Judge at Markapur in LAOP No. 47 of 1988 dated 22nd April, 1996 on various grounds. The said LAOP No. 47 of 1996 was instituted on the basis of a reference made under Section 30 of the Land Acquisition Act to resolve the controversy as to the disbursement of compensation payable to the lands to an extent of Ac 15-9 cents situate in Survey No. 10 of Bestavaripetawhich was acquired for the purpose of providing house sites to the members of Samithi Teachers Co-operative House Building Society, Bestavaripeta.2. Initially, there was an agreement to sell the schedule lands which belonged to the appellant, between the President of the appellant-association with the third respondent and others. As per the agreement dated 5-9-1980, the value of the land was determined at Rs. 6,000/- per acre, pursuant to which an amount of Rs. 20,000/- was also paid by the first respondent to the appellant. Whil...
Dr. T. Patanjali Sastry, President, Environment Centre Vs. Chairman, A ...
Court: Andhra Pradesh
Decided on: Jul-30-2001
Reported in: 2001(5)ALT315
S.B. Sinha, C.J.1. Ail these Writ Applications involving common questions of fact and law were taken up for hearing together and are being disposed of by this common Judgment.2. Though W.P.No. 12497 of 2001 was heard separately, since it is inter-connected to the other petitions involving similar questions of fact and law, we are inclined to dispose of this Writ Petition also by this common Judgment.3. Before we deal with the rival contentions, it may be useful to notice the prayers made in the respective writ petitions.4. W.P.Nos. 23210 of 1999 and 4350 and 4375 of 2000 are filed by Kolleru Fishermen and Agricultural Small Farmers Association, Prathikolla Lanka, Eluru Mandal, West Godavari District; Dr. Ambedkar Harijan Fisherman Cooperative Society Ltd., Bogapuram village, W.G. Dt. and Dr. Ambedkar Co-operative Collective Farming Society Ltd., Bogapuram village, respectively seeking the following relief:To issue a Writ, Order or direction more especially one in the nature of mandamus...
B. Ataullah Vs. K. Nisar Ahmed
Court: Andhra Pradesh
Decided on: Jul-27-2001
Reported in: 2001(5)ALD517; 2001(5)ALT103
ORDER1. This civil revision petition is directed against an order made in CMA No. 25 of 1997 dated 7-12-1998 on the file of the Senior Civil Judge, Adoni reversing the order made in RCC No.8 of 1996 on the file of the Principal District Munsif-cum-Rent Controller, Adoni.2. The revision petitioner is the landlord and the respondent is the tenant. For the purpose of convenience the parties will be referred to as landlord and tenant hereafter.3. The landlord filed RCC No.8 of 1996 on the file of the Principal District Munsif-cum-Rent Controller, Adoni claiming the relief of eviction of the tenant under Section 10(3)(a)(iii) of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Rent Control Act') on the ground of bona fide requirement. The dispute relates to a non-residential premises in Adoni town. The case of the landlord is that he is a retired Municipal Teacher and he had retired from service in the year 1992 and he is unable to maintain himself, his son, daugh...
Lala Radhashyam Jaiswal Vs. Tiger Rolling Shutters
Court: Andhra Pradesh
Decided on: Jul-27-2001
Reported in: 2001(5)ALD546; 2001(5)ALT219
ORDER1. This civil revision petition is filed by the revision petitioner-respondent plaintiff in IA No. 1087 of 1998 in OS No. 844 of 1996 on the file of the First Junior Civil Judge, City Civil Court at Secunderabad against an order dated 29-10-1998 whereunder an application to set aside the exports decree dated 31-1-1998 was allowed. 2. No evidence was let in by both the parties. The learned First Junior Civil Judge, City Civil Court, Secunderabad had decided the application only on the basis of the affidavit filed in support of the application, counter-affidavit and the reply affidavit and the allegations made therein. The learned Judge at para 21 had observed as follows: 'In the light of the above discussion, I hold that the petitioner/defendant satisfied this Court that the summons were not duly served on him and he has no knowledge about the suit proceedings prior to 21-7-1998. Therefore, this Court shall set aside the ex parte decree dated 31-1-1998 under Order 9, Rule 13 CPC on...
Amtul Quayyum Humsira Vs. Munawar Fathima and anr.
Court: Andhra Pradesh
Decided on: Jul-27-2001
Reported in: 2001(6)ALD205; 2001(6)ALT193
ORDER1. This civil revision petition is filed aggrieved by the order passed in EANo.37/2000 in EP No.19/2000 in RC No.638/95 on the file of the Principal Rent Controller, Hyderabad.2. The facts in brief are as follows :The respondent in the present revision filed EA No. 37/2000 in EP No. 19/2000 in RC No.638/95 on the file of the Principal Rent Controller, Hyderabad under Section 47 CPC read with Rule 23(7) of A.P. Buildings (Lease, Rent and Eviction) Control Rules, 1961 and Section 15 of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 and Section 151 CPC for restoration of possession of the demised premises No. 22-6-184, Pattargatti, Hyderabad. The respondent in the present revision petition is also respondent in the main RC No. 638/95 and the judgment-debtor in EP No. 19/2000 and the revision petitioner-landlady filed RC No. 638/95 against him and it was allowed on 22-4-1998 and subsequent thereto the respondent-tenant preferred rent appeal in RA 202/98 on the file of the...
Majeti Butchi Viswanadham and ors. Vs. Bathula Suryanarayana Murty
Court: Andhra Pradesh
Decided on: Jul-27-2001
Reported in: 2001(6)ALD355; 2001(6)ALT650
ORDER1. This revision is directed against the order made in RCA No. 18 of 1992 on the file of Principal Subordinate Judge, Visakhapatnam, reversing the order made in RCC No.38 of 1985 on the file of Principal District Munsif-cum-Rent Controller, Visakhapatnam.2. For the purpose of convenience, the parties will be referred to as arrayed in the Court of first instance, as landlords and tenant.3. The landlords had filed RCC No.38 of 1985 on the file of Principal District Munsif-cum-Rent Controller, Visakhapatnam against the tenant on the ground of wilful default and also on certain other grounds including the ground of change of user of the premises. Originally, the rent was Rs. 50/- and the premises was taken for the purpose of running cloth business and subsequently it was changed to kirana business. Originally, the tenancy commenced during the life time of the father of the tenant and after his death, his son is continuing the business in the same premises. But there is some material t...
Commissioner of Income-tax Vs. Hemsons Industries
Court: Andhra Pradesh
Decided on: Jul-27-2001
Reported in: (2001)171CTR(AP)527; [2001]251ITR693(AP)
S.R. Nayak, J.1. The Income-tax Appellate Tribunal, Hyderabad, herein has referred the following questions under Section 256 of the Income-tax Act, 1961 (for short 'the Act'), to this court for opinion at the instance of the Commissioner of Income-tax, Andhra Pradesh-II Hyderabad.'1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in holding that the assessee's activity of decortication of groundnuts was an industrial undertaking engaged in manufacture or production activity and therefore entitled to benefit under Section 80HH ?2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal ought to have taken cognisance of the fact that claim under Section 80HH was not made under Section 80HH in Form No. 10C which consequently disentitled the assessee to claim the benefit during appeal-proceedings for the first time ?3. Whether, on the facts and in the circumstances of the case, the Inc...
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