Andhra Pradesh Court September 2001 Judgments
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Dcl Finance Limited and Another Vs. Union of India
Court: Andhra Pradesh
Decided on: Sep-04-2001
Reported in: 2001(5)ALD495
ORDERS.R. Nayak, J.1. The petitioners who are the dealers registered under the provisions of A.P. General Sales Tax Act, 1957 (for short, APGST Act) and the Central Sales Tax Act, 1956 (for short, CST Act), have filed these writ petitions praying for a mandamus declaring that Section 4 of the Constitution (46th Amendment) Act, 1982 insofar it has inserted the new sub-clause (d) in clause (29-A) in Article 366 of the Constitution of India and the new charging Section 5-E and sub-sections 2(1)(e), 2(1)(n),2(1)(q), and 2(1)(s) of the APGST Act as amended by A.P. Act 18 of 1985, are ultra vires and violative of Articles 19(1)(g) and 300 of the Constitution of India.2. The first petitioner in both the writ petitions are public limited companies incorporated under the Companies Act, 1956. They carry on business in extending finance facilities in respect of hire purchase and leasing transactions in the State of Andhra Pradesh and other States. The 2nd petitioner in both the writ petitions are...
Southern Steel Limited Vs. Commercial Tax Officer, Malkajgiri, R.R. Di ...
Court: Andhra Pradesh
Decided on: Sep-04-2001
Reported in: 2001(5)ALD493
ORDERS.R. Nayak, J.1. The petitioner-dealer has filed this writ petition for mandamus declaring the action of the Commercial Tax Officer, Malkajgiri, Ranga Reddy District, the respondent herein, in not paying a sum of Rs. 11,19,165/- towards interest under Section 33-F of the APGST Act, 1954 (for short, APGST Act), as illegal and arbitrary. In appreciating this claim of the petitioner, it is necessary to notice the undisputed facts in the first instance.2. The order made by the Sales Tax Appellate Tribunal (for short, the Tribunal) for the assessment year 1981-82 and the order made by the Appellate Deputy Commissioner for the assessment years 1982-83 to 1986-87, totally for a period of six assessment years, have become final. Under the above two orders of the Tribunal and the Appellate Deputy Commissioner, the petitioner is entitled to seek refund of the tax collected in respect of disputed transactions which are set aside by the learned Tribunal and the Appellate Deputy Commissioner. ...
M.R.K. Sarma Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Sep-04-2001
Reported in: 2001(5)ALD685; 2001(6)ALT30
ORDER1. The petitioner, who is an Ex-Serviceman and presently working in the Indian Bank, Koti, Hyderabad, filed this writ petition, seeking a writ of mandamus: (a) declaring the action of the Station House Officer, Alwal Police Station, 3rd respondent herein, in taking away all his articles worth about Rs. 3.00 lakhs from his house and depriving him and his family members from using those articles as arbitrary, unreasonable and violative of Article 21 of the Constitution of India; (b) directing the 3rd respondent to return all the articles to him or in the alternative to direct the 1st respondent-State Government to pay him an amount of Rs. 3.00 lakhs in lieu of the said articles; (c) directing the Central Bureau of Investigation, 5th respondent herein, to investigate into the alleged violation of Article 21 of the Constitution of India; and (d) directing the 1st respondent to pay Rs. 1.00 lakh to the petitioner as compensation for the violation of the Fundamental rights. 2. Having...
Yadalla Pitchaiah Chetty Charities, Cuddapah Vs. Government of Andhra ...
Court: Andhra Pradesh
Decided on: Sep-04-2001
Reported in: 2001(6)ALD315
S.B. Sinha, CJ 1. The writ petitioner is the appellant. He is aggrieved by an order dated 15-3-2001 passed by a learned single Judge of this Court in Writ Petition No. 8011 of 1990 whereby, and whereunder the writ petition claiming for the following reliefs was dismissed.'that the Hon'ble Court may be pleased to issue a writ of certiorari and call for the entire records leading to and in R.C.No .A2/740/90 E.O.S. Estt., dated 23-5-3990 from the file of the Deputy Commissioner Endowments Department, Kurnool, seeking to appoint Executive Officer to the petitioner institution and quash the same as arbitrary, mala fide, illegal, without jurisdiction and unconstitutional and issue any other appropriate writ, order or direction and grant such necessary reliefs.'2. Mr. M. Vidyasagar, the learned counsel appearing on behalf of the petitioner has raised a short question in support of this appeal. Drawing our attention to the finding of the learned single Judge, he would submit that as the Commis...
Sri Gopinath Vs. Sri. Mohan Shah
Court: Andhra Pradesh
Decided on: Sep-04-2001
Reported in: 2001(6)ALT287
ORDERP.S. Narayana, J. 1. The unsuccessful tenant in R.C.A 19 of 1987 on the file of the Additional Chief Judge, City Small Causes Court, Hyderabad is the Revision petitioner. The respondent in this C.R.P. is the landlord. However, for the purpose of convenience the parties will be referred to as landlord and tenant. 2. The landlord filed R.C. No. 223 of 1981 for eviction of tenant from the premises bearing No. 4-2-204 of Sulthan Bazar, Hyderabad. The case of the landlord is that originally this property belongs to Kishan Rao Afzalpurkar and his family members, who sold the property to this landlord and his brothers on 4-7-1980, and this tenant has been the tenant of the premises. Originally, the original owners and subsequently the tenant was duly attorned after the aforesaid purchase by the landlord and his brothers and in the oral partition dated 8-8-1980 between the landlord and his brothers the petition schedule property had fallen to the share of this landlord and the tenant was ...
D. Laxmi Vs. Andhra Pradesh Agricultural University, Rajendra Nagar, H ...
Court: Andhra Pradesh
Decided on: Sep-03-2001
Reported in: 2001(6)ALD694; [2002(92)FLR57]
S.B. Sinha, C.J.1. The sole question that arises for consideration in the writ appeal and batch of writ petitions is as to whether the respondent-University is an establishment within the meaning of the provisions of Payment of Gratuity Act, 1970.2. The Payment of Gratuity Act, 1972 (for short 'the Act') was enacted to provide for a scheme for payment of gratuity to employees engaged in factories mines, oil fields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental thereto. The Act applies to the whole of India. In terms of Clause (b) of Sub-section (3) of Section 1 of the Act, the Act is made applicable to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding 12 months.3. The fact that the respondent-University carried on an organised and systemati...
M. Lakshminarayana and ors. Vs. Sub-registrar and anr.
Court: Andhra Pradesh
Decided on: Sep-03-2001
Reported in: 2001(5)ALT96
ORDERB. Sudershan Reddy, J.1. Heard the learned Counsel for the petitioners and the learned Government Pleader for Revenue and at their request, the matter is taken up for final disposal at the stage of admission.2. Rule nisi.3. The petitioners in the instant writ petition pray for issuance of a Writ of Mandamus declaring the action of the first respondent herein in not receiving and registering the documents presented by the petitioners for sale of lands in Survey Nos. 326/2, 328/3 and 328/6 situated at Jangaon village, Warangal District as illegal and void.4. The petitioners herein claim to be the owners of the lands admeasuring Ac. 2-24 guntas, Ac. 1-36 guntas and Ac. 1-38 guntas covered by the Survey Nos. 326/2, 328/3 and 328/6 respectively situated at Jangaon village Warangal District. The petitioners intend to sell the lands in question in favour of the proposed purchasers. The petitioners accordingly presented the documents before the first respondent herein for registration. Th...
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