Andhra Pradesh Court June 2002 Judgments
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Guduru Bhaskar Reddy Vs. Somalapalli Venkata Subba Reddy (Died) Per Lr ...
Court: Andhra Pradesh
Decided on: Jun-21-2002
Reported in: 2002(4)ALD570
G. Yethirajulu, J.1. This appeal is directed against the judgment and decree of the District Judge, Chittoor in AS No. 162 of 1986 confirming the judgment of the Principal Subordinate Judge, Tirupathi in OS No.45 of 1972 (originally OS No.363 of 1968 District Munsif Court, Tirupathi).2. The plaintiffs initially filed the suit for permanent injunction and obtained an exparte temporary injunction against the defendants in respect of the suit schedule property, but after hearing both parties the ex parte temporary injunction was vacated on 21-1-1969 by observing that the defendants 1 and 2 are in possession and enjoyment of the suit property since 1964. The plaintiffs preferred appeal covered by CMA No. 17 of 1969 challenging the order, but the District Court dismissed the saidappeal in 1970. Subsequently the plaintiffs amended the plaint seeking the reliefs of declaration and recovery of possession of the suit property.3. As per the averments of the plaint:One Pandraveti Tammi Reddy was ...
A. Vemanaidu Vs. Erracheruvupalle Primary Co-operative Society, Chitto ...
Court: Andhra Pradesh
Decided on: Jun-21-2002
Reported in: 2002(4)ALD700; 2002(5)ALT407
ORDERV.V.S. Rao, J. 1. These four writ petitions were heard together and are being disposed of at the admission stage by this common order. 2. The petitioners in W.P. Nos. 11039, 11046 and 10859 of 2002 obtained loans from Erracheruvupalle Primary Agricultural Co-operative Society (Erracheruvupalle PACS), Puthalapattu Mandai, Chittoor District. The petitioners in WP No. 11047 of 2002 obtained agricultural loans from Kondaraju Kalva Primary Agricultural Cooperative Society, (Kondaraju Kalva PACS) Kondaraju Kalva, Tavanampally Mandai, Chittoor District. All the loans are agricultural loans ranging from Rs. 10,000/- to Rs. 20,000/-payable in quarterly instalments for a period of five years. According to the petitioners they have paid some amounts and still they are due some amounts to the said Societies. On 6-5-2002 the second respondent issued a public auction notice proposing to bring the immovable properties of the petitioners for sale in the public auction in execution of a recovery c...
Hyderabad Engineering Industries Limited Vs. the State of Andhra Prade ...
Court: Andhra Pradesh
Decided on: Jun-21-2002
Reported in: [2002]128STC1(AP)
1. This Tax Revision Case is filed by Hyderabad Engineering Industries Limited, Hyderabad under Section 22 of the Andhra Pradesh General Sales Tax Act, 1957 (for short `the Act') questioning the correctness of the order dated 30.3.1990 passed in T.A.No.712 of 1987 on the file of the Sales Tax Appellate Tribunal, Andhra Pradesh, Hyderabad. This Tax Revision Case relates to the assessment year 1981-82. According to the petitioner, the following questions are said to arise in this revision.1. Whether, having regard to the documents and material on record the Tribunal was right in holding that orders were being placed by UIL on HEI ? 2. Whether, having regard to the documents and materials on record, the Tribunal was right in holding that there was no provision in the contract between HEI and UIL for market survey and forecasting of requirements or that the plea of forecast was raised only after the Commercial Tax Officer sought to assess the sales to UIL as inter-state sales ? 3. Whether,...
Chintamaneni Netaji and anr. Vs. Jonnalagadda Hanumantha Rao and ors.
Court: Andhra Pradesh
Decided on: Jun-21-2002
Reported in: 2002(5)ALD495
C.Y. Somayajulu, J.1. Plaintiffs in O.S.No.15 of 1979 are the appellants. For the sake of convenience the parties to the appeal would be referred to as they are arrayed in the trial Court.2. The suit is filed, inter alia, for cancellation of the decree in O.S.No.85 of 1969 on the file of the Court of the Subordinate Judge, Gudivada, which was filed by the 1st defendant against defendants 2 to 6 and the plaintiffs seeking specific performance of the agreement of sale dated 17-6-1965 executed in his favour by 2nd defendant for himself and on behalf of his sons, i.e., plaintiff and others and consequently to direct him (1st defendant) to deliver possession of the plaint 'A' and 'B' schedule properties to them and to defendants 2 to 4, alleging that they and defendants 3 and 4 are the sons and 5th defendant is the daughter of 2nd defendant who are all members of a Hindu joint family, and that the plaint 'A' and 'B' schedule properties are their joint family properties and that 2nd defendan...
FakruddIn Ali Tarwala Vs. Ved Prakash Mishra and ors.
Court: Andhra Pradesh
Decided on: Jun-21-2002
Reported in: 2002(6)ALT421
ORDERV. Eswaraiah, J.1. This Civil Revision Petition is filed against the judgment of the learned Additional Chief Judge, City Small Causes Court, Hyderabad dated 18-1-2000 rendered in R.A.No. 305 of 1994.2. The petitioner herein is the landlord. The respondents herein are the tenants in respect of the mulgi bearing No. 15-5-37 situated at Afzalgunj, Hyderabad, hereinafter for the sake of brevity referred to as the 'said mulgi'.3. The petitioner-landlord filed an Eviction case in R.C.No. 697 of 1989 on the file of the III Additional Rent Controller. Hyderabad against the respondents herein under Sections 10(2)(i) and 10(3)(a) of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as the 'Act') for eviction of the respondents-tenants from the said mulgi and to put him in possession of the said mulgi on the ground of willful default in payment of rents.4. The facts of the case in brief are that the appellant is the landlord of the said Mulgi. Originally h...
J. Mahesh Kumar and ors. Vs. Registrar General, High Court of A.P.
Court: Andhra Pradesh
Decided on: Jun-21-2002
Reported in: 2002(4)ALT631
ORDERAR. Lakshmanan, C.J.1. This Writ Petition is filed seeking a Writ in the nature of Mandamus directing the respondent-Registrar General of this Court to declare the petitioners as eligible for the written 'test and interview for appointment to the posts of Junior Civil Judges as per Notification dated 1-2-2002 and consequently direct the respondent to receive applications submitted by the petitioners and to permit them to appear for the entrance and interview.2. The Notification for appointment to the posts of Junior Civil Judges was issued as far back as 29-1-2002 which was published in the Daily Newspaper, 'the Hindu' dated 1st February, 2002. The Writ Petition has now been filed taking shelter under the observations made by the Supreme Court in All India Judges Association v. Union of India, 2002 (3) Supreme 180. In the said case, Honourable Supreme Court, while referring to an earlier judgment of the Supreme Court in All India Judges' case, : (1993)IILLJ776SC , observed:'.........
Sirpur Paper Mills Limited Vs. Collector of Central Excise, Hyderabad
Court: Andhra Pradesh
Decided on: Jun-20-2002
Reported in: 2002(4)ALD344; 2003(159)ELT17(AP)
S.R. Nayak, J.1. The Customs, Excise and Gold (Control) Appellate Tribunal, South Regional Bench, Madras (for short 'CEGAT') has referred the following question to this Court under Section 35-G of the Central Excise Act, 1944, (for short 'the Act') at the instance of the assessee.'Whether the Tribunal is correct in holding that the items Wire Mesh and WoolenFelts are not inputs under Rule 57-A of CE Rules, 1944, inspite of specific exclusion as given therein and the items in question do not come under that category for the reasons set out in the order ?'The Sirpur Paper Mills Limited (for short 'the Company') are the manufacturers of papers and paper Boards in their factory at Sirpur Kaghaznagar in Andhra Pradesh. Their final products fall under Chapter 48 of the Central Excise Tariff. They are availing MODVAT under Rule 57-A of the Central Excise Rules, 1944 (for short 'the rules') relating to MODVAT Credit Scheme in respect of the following items after filing the declaration dated 31...
itc Limited Vs. Deputy Commissioner (Ct), Guntur Division, Guntur and ...
Court: Andhra Pradesh
Decided on: Jun-20-2002
Reported in: 2002(4)ALD324; 2002(4)ALT500
S.R. Nayak, J.1. In both the writ petitions, the petitioner viz., M/s. ITC Limited, is the same. In both the writ petitions, the petitioner has assailed the constitutional validity of provisions of Sections 14(4-C) and 20 of the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the Act'). Initially in both the writ petitions, the notices issued by the concerned Deputy Commissioner (CT) under Section 20 of the Act proposing to revise the assessment orders for the assessment years 1991-92 and 1992-93 were also assailed. However, in WP No. 15312 of 1996, subsequently, by filing WPMP No.20759 of 1996 the prayer was amended seeking quashing of the order of the State Government dated 20-7-1996 in substitution of the earlier prayer to quash the show-cause notice issued by the Deputy Commissioner (CT) Division Guntur under Section 20 of the Act and that amendment was ordered by the Court on 2-9-1996.2. The facts leading to the filing of the writ petitions be noted briefly and they are as ...
Bachala Anjaiah and anr. Vs. Abdul Qayyum
Court: Andhra Pradesh
Decided on: Jun-20-2002
Reported in: 2002(4)ALD812; 2003(6)ALT114
P.S. Narayana, J.1. The appellants are the unsuccessful defendants in both the Courts below. The respondent-plaintiff instituted a suit in OS No. 107/85 on the file of the District Munsif, Shadnagar, claiming the relief of permanent injunction relating to plaint schedule property and the suit was decreed and aggrieved by the same, the defendants in the suit had preferred AS No. 3/90 on the file of the Additional District Judge, Mahaboobnagar, and the appeal was dismissed and aggrieved by the said judgment and decree made in the said appeal, the present second appeal is filed.2. Sri Venkateshwarlu, the learned Counsel representing the appellant, had raised the following substantial questions of law :(a) Whether the burden of proof of partition lies on the respondents who pleads partition, or it is for the appellants to prove non-partition ? (b) Whether an injunction can be granted against a co-owner i.e.,appellants? (c) What is the effect of non-framing of an issue relating to partition...
Srinivasa Rajakamal (Died) by Lrs. Vs. Neelamsetti Kataji Rao and ors.
Court: Andhra Pradesh
Decided on: Jun-20-2002
Reported in: 2002(5)ALD740
C.Y. Somayajulu, J.1. This is an appeal by the defendant in OS No. 265 of 1982 on the file of the Court of the I Additional Subordinate Judge, Visakhapatnam. During the pendency of the appeal the sole appellant-defendant died. So, his legal representatives were brought on record as appellants 2 to 4. For the sake of convenience I would hereinafter refer to the parties as they are arrayed in the trial Court.2. The suit is for recovery of possession of the property specified in the plaint B schedule, hereinafter called the suitproperty, which is a part of the property specified in plaint A schedule, and for recovery of rent and other reliefs. The case, in brief, of the plaintiffs, is that Narayana Rao was the owner of the plaint A schedule property of which the suit property is a part. Defendant took the suit property on lease from Narayana Rao and is continuing in possession thereof even after the expiry of period of lease as tenant holding over and had fallen in arrears of rent. Naraya...
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