Andhra Pradesh Court September 2001 Judgments
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Jammigumpula Bala Masthaniah Naidu Vs. Gadamsetty Rama Rao and ors.
Court: Andhra Pradesh
Decided on: Sep-26-2001
Reported in: 2002(1)ALT67
ORDERD.S.R. Varma, J.1. This revision petition is filed challenging the order and decree dated 22-6-2001 passed by the Court of Principal Junior Civil Judge, Kavali in E.A. No. 550/2000 in E.P. No. 191/2000 in O.S. No. 285/1983. By the impugned order, the Court below, allowed the execution application filed by the decree-holders under Order 21 Rule 97 C.P.C. and overruled the objections filed by the 3rd party objector and ordered for removal of the obstruction or resistance offered by him and deliver the possession of the suit schedule property to the decreeholders. Aggrieved by this order, the 3rd party objector has filed this revision petition.2. Heard Sri K. Someshwar Kumar, learned Counsel appearing for the petitioner-3rd party objector and Sri P. Sridhar Reddy, learned Counsel appearing for the respondents 1 to 3 (plaintiffs)-decreeholders.3. Before referring to the relative contentions, it is necessary to note few admitted facts on record.4. The respondents 1 to 3 herein filed th...
Amrutha Estates Vs. Saphire Residential Welfare Association, Hyd. and ...
Court: Andhra Pradesh
Decided on: Sep-25-2001
Reported in: 2001(6)ALD340; 2002(2)ALT774
Motilal B. Naik, J. 1. In this writ appeal, the order passed by the learned single Judge of this Court in Writ PetitionNo. 14216 of 1999 on 31-8-2001 and the consequential order made on 12-9-2001 are assailed on various grounds. 2. Before we proceed to examine the main contentions raised by the learned senior Counsel for the appellant as well as the Counsel for the respondents 1 to 21 who are the principal contestants in this writ appeal, certain important factors which are relevant for the purpose of appreciating the genesis of the dispute between the appellant and the respondents 1 to 21 which led to filing of the Writ Petition No. 14216 of 1999 by the respondents 1 to 21 against the appellant are traced hereunder:3. Writ Petition No. 14216 of 1999 was filed by respondents 1 to 21 herein initially against three respondents. However, by an order of the learned single Judge dated 24-8-2001, Government of Andhra Pradesh, represented by its Principal Secretary, Municipal Administration a...
G. Chandrasekhara Reddy Vs. Rayalaseema Grameena Bank, Krishna Nagar B ...
Court: Andhra Pradesh
Decided on: Sep-25-2001
Reported in: 2002(1)ALD3
1. This Revision is filed by the Judgment Debtor in EP.No.115/97 in S.C.No.340/91 on the file of the Principal Senior Civil Judge, Kurnool.2. Small Cause Suit, SC.No.340/91, filed by the respondent No. l against the petitioner as well as the 2nd respondent was decreed. On the ground that the whereabouts of the 2nd respondent, who is the principal debtor, are not known, the 1st respondent had chosen to initiate execution proceedings against die petitioner.3. Before the executing Court, the petitioner raised several contentions. One of the principal contentions was that initially the suit was filed by paying a Court fee of Rs.2/- as against die requisite Court fee of Rs.501/-. The plaint so presented was returned granting seven days time to the plaintiff to pay the deficit Court fee. The same was not paid within the stipulated time. An application in I.A.No.573(A)/91 was filed for condonation of delay of 43 days in paying the deficit Court fee, the same was ordered and the deficit Court ...
Taj Electronics Company Vs. Commissioner for Co-operative Enquiries an ...
Court: Andhra Pradesh
Decided on: Sep-25-2001
Reported in: 2002(1)ALD171; 2007(6)ALT101
ORDER1. In this bunch of six writ petitions, facts are similar and the questions that arise for consideration are the same. Hence, they are disposed of by this common order.2. The respondents are hereinafter referred to as they are arrayed in Writ Petition No. 12945 of 1994 for convenience sake.3. All the six writ petitioners are small entrepreneurs and are members of the Co-operative Industrial Estate Limited, Balanagar, Hyderabad, 5th respondent herein, which is a Society, (hereinafter referred to as 'the Society'), registered under the provisions of the A.P. Co-operative Societies Act (hereinafter referred to as 'the Act'). The Society purchased about Ac. 101-00 cents of land from the Government of Andhra Pradesh in Kukatpally and Qutbullahpur Industrial Area in the year 1974 for the purpose of establishing a Co-operative Industrial Estate for Small Scale Industrial Units. After developing that land, the Society divided the same into plots and allotted them to its members. Some such...
V.V. Sai and anr. Vs. State of A.P. Rep. by Drug Inspector
Court: Andhra Pradesh
Decided on: Sep-25-2001
Reported in: 2001(2)ALD(Cri)688; 2001(2)ALT(Cri)417
1. This is a petition filed by the petitioners, who are arrayed as A-3 and A-4, to quash the proceedings in C.C. No.314 of 1997 on the file of the Judicial I Class Magistrate (Mobile), Mahaboobnagar, which was filed under Section 32 of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act').2. A complaint was filed against the petitioners herein and others viz., M/s. Vasavi Integrated Service Company (A-1); Sri O.S.S. Prasad (A-2), which was registered as C.C. No.314 of 1997, alleging as follows:-On 31-12-1994, the Drugs Inspector i.e., L.W.1, seized the drug 'Tetracycline' Capsules I.P., Batch No.433, wherein it is mentioned that the manufacturing date is March 1994 and the expiry date is February 1996, manufactured by Maharashtra Antibiotics and Pharmaceuticals Limited, Nagpur, from the Stores of District Medical & Health Officer, Mahabubnagar. After following the procedure as laid down under Section 23 of the Act, the Drugs Inspector sent the sample to the Governmen...
M. Munemma and anr. Vs. Smt. K. Baby and ors.
Court: Andhra Pradesh
Decided on: Sep-25-2001
Reported in: 2002(3)ALT35
1. This is an appeal filed by the defendant who suffered a decree in O.S. No. 50 of 1992. The plaintiff filed the suit for a sum of Rs. 2,83,000/- and also for interest @ 12% per annum from the date of plaint till the date of realization. Alternatively the plaintiff sought a decree of declaration that she was absolute owner of plaint 'A' schedule property. She also sought a direction that defendants should deliver the possession of 'A' schedule property to her. The trial Court decreed the suit for Rs.2,83,000/- with interest, therefore the appeal. The plaintiff in the plaint alleged that she was daughter of 1st defendant born to the said defendant out of her marriage with one Mr. Lasarus. The plaintiff further alleged that when the plaintiff was 5 years old the first defendant left her marital home and eloped with the 2nd defendant. This happened about 35 years before according to the plaintiff. At that time the plaintiff's father Mr. Lasarus did not have any support for bringing up th...
Jitender Roller Flour Mills Vs. Commercial Tax Officer and ors.
Court: Andhra Pradesh
Decided on: Sep-25-2001
Reported in: [2002]125STC383(AP)
ORDERS.R. Nayak, J.1. The short question that arises for consideration and decision is whether the Commercial Tax Department is justified in demanding tax for the period April 1, 1995 to May 22, 1995 in terms of the enhanced rate of tax in G.O. Ms. No. 252, dated May 19, 1995, published in the Andhra Pradesh Official Gazette on May 23, 1995.2. The above question arises in the following factual background :The petitioner is a roller flour mill, manufacturing wheat products, having its factory at Hyderabad and it is a registered dealer both under the Andhra Pradesh General Sales Tax Act (hereinafter referred to as 'the Act') and Central Sales Tax Act, on the rolls of the Commercial Tax Officer, Mehadipatnam Circle, Hyderabad, first respondent herein. The petitioner purchased wheat from Food Corporation of India from within the State as well as from outside the State. During the month of April 1995, the petitioner purchased 8,500 kgs. of wheat, amounting to Rs. 40,27,267.65 paise from the...
Raveendra Traders Vs. Special Assistant Commercial Tax Officer, Check- ...
Court: Andhra Pradesh
Decided on: Sep-25-2001
Reported in: [2002]125STC428(AP)
ORDERS.R. Nayak, J.1. The petitioner is a registered dealer under the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the Act') and carries on business in groundnuts. In this writ petition, the petitioner has assailed the validity of the circular dated November 18, 1995 issued by the Deputy Commissioner of Commercial Taxes, Chittoor Division, Chittoor, third respondent herein.2. The impugned circular, dated November 18, 1995 reads--'COMMERCIAL TAXES DEPARTMENTSri D. Yesupadam, M.A., ChittoorDeputy Commissioner (CT) Date :18-11-1995D.O. on Ref. C3.4741/95Dear Sir, Sub : A.P.G.S.T. Act, 1957--Chittoor Division-Certain instructions issued on--Collection taxon the movement of G. Nuts & G.N. Seed--Reg.I invite your personal attention to the subject cited and inform that instances have come to the notice of the undersigned that some of the assessing authority and check-post officers are not collecting advance tax on the transport of groundnuts and groundnut seeds.In s...
G.V. Ramana Vs. Oil and Natural Gas Commission and ors.
Court: Andhra Pradesh
Decided on: Sep-25-2001
Reported in: 2002(2)ALT631
ORDERA. Gopal Reddy, J.1. In this case the petitioner seeks a rule from this Court asking the respondent to show cause why a Writ in the nature of Certiorari should not be issued under Article 226 of the Constitution of India calling for records relating to the impugned letter of the joint Director (P and A); Oil and Natural Gas Commission dated 17-11-1993 as communicated and questioning the said proceedings as the same offends Articles 14 and 21 of the Constitution of India and for a consequential direction to the respondents to reconsider the case of the petitioner for employment as a special case.2. The petitioner's husband was appointed as Executive Engineer (Production) in the 1st respondent -Commission on 13-1-1982. While he was working as such on Gas Processing Plant. Hazira Project, Surat, he was bed ridden in 1990 and passed away on 17-10-1990. As the petitioner's husband was only the earning member and he left a son aged 8 years and aged mother who are depending on him, the p...
Venkateswara Enterprises Vs. Assistant Commissioner Officer (Ct) (int. ...
Court: Andhra Pradesh
Decided on: Sep-24-2001
Reported in: 2002(1)ALD757
S.R. Nayak, J.1. These writ petitions are finally heard with the consent of Sri S. Krishna Murthy, learned Counsel for the petitioners and the learned Special Government Pleader for Taxes and they are being disposed of by this common order.2. In all these writ petitions, the petitioners have sought for a writ or order or direction particularly one in the nature of writ of mandamus directing the Assistant Commissioner Officer (CT) (Int)., the 1st respondent herein to return forthwith the post-dated cheques collected from them towards the alleged tax liabilities arising out of the contemplated revision of the assessments already framed.3. In these writ petitions the complaint, to put in brief, is that the respondent authorities of the Commercial Tax Department without any authority of law forcibly obtained cheques for certain sums of money from the petitioners, as set out in the writ petition towards the alleged tax liability of the petitioners under the provisions of the APGST Act in co...
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