Andhra Pradesh Court August 2002 Judgments
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M. Subbarayulu Vs. Sri Ambuja Petrochemicals Ltd.
Court: Andhra Pradesh
Decided on: Aug-01-2002
Reported in: 2003(4)ALT10
S.R. Nayak, J.1. This appeal preferred under Section 483 of the Companies Act, 1956, read with Clause 15 of the letters patent is directed against the order of the learned Company Judge dated 26-3-2002 in C.A. No. 531 of 2000 in RCC No. 4 of 1997. C.A. No. 531 of 2000 was filed by the Official Liquidator in RCC No. 4 of 1997 under Section 457(1) of the Companies Act, 1956 ('the Act'), read with Rule 94(11)(b) of the Companies (Court) Rules, 1959 seeking the following relief:'(i) Permitting the Official Liquidator to publish in Ecnadu (Telugu Daily) as to the sale of the car by public auction to be conducted at Office premises of the Official Liquidator; (ii) to circulate the hand bills as to the sale of the Premier Padmini NE 118, 1995 modal bearing No. A.P. 10G 2142 among various Central Government offices situated at Kendriya Sadan, Koti, Hyderabad; (iii) To confirm the sale on receipt of total money on the spot (only if the offer is on and above of Rs. 30,000 within the range of the...
E. Venkataramana Naidu Vs. Mittamarri Alias Sogasani Bayya Reddy and o ...
Court: Andhra Pradesh
Decided on: Aug-01-2002
Reported in: 2002(6)ALD154; 2002(5)ALT338
P.S. Narayana, J. 1. The 3rd plaintiff in OS No. 543/97 on the file of Principal District Munsif, Madanapalle - the 3rd respondent in As No. 62 of 1987 on the file of Additional District Judge, Madanapalle is the appellant. Respondents 6 and 7 shown in the present Second Appeal are the co-plaintiffs and the appellants in AS No. 62/87 and the defendants in OS No. 543/97 are the other respondents, in the present second appeal. The 1st defendant died during the pendency of the said appeal and his legal representatives were brought on record as per the orders in IA No. 30/89 dated 6-9-1989.2. For the purpose of convenience, the parties will be referred to as 'plaintiffs'and 'defendants' as arrayed in the trial Court.3. The plaintiffs filed the suit for declaration of title relating to the plaint schedule property and for permanent injunction restraining the defendants and their men from in any way interfering with the plaintiffs peaceful possession and enjoyment of the same and also for th...
Andhra Pradesh Power Diploma Engineers Association and ors. Vs. Superi ...
Court: Andhra Pradesh
Decided on: Aug-01-2002
Reported in: 2002(6)ALD371; [2002(95)FLR1064]; (2003)ILLJ229AP
S.R. Nayak, J. 1. This writ appeal is directed against the order of the learned single Judge dated 18.1.2000 in W.P. No. 766 of 1999.2. The appellant is the Andhra Pradesh Power Diploma Engineers Association represented by its Secretary. In the above writ petition, a writ of mandamus was sought to the Andhra Pradesh State Electricity Board, 6th respondent, to regularise the services of the members of the petitioner-Union engaged as contract labour (Technical Assistants) in Transmission and Distribution wing. The allegation in the writ petition is that the contract labour was engaged in violation of provisions of Sections 7 and 12 of the Contract Labour (Regulation and Abolition) Act (for short 'the Act'). The writ petition was opposed by the Board by filing counter-affidavit.3. Learned single Judge held that since from the pleadings of the parties the disputed questions of fact arise for resolution, such disputed questions of fact could be resolved by raising an industrial dispute rela...
Chunduru Siva Satyanarayana and ors. Vs. Official Receiver and ors.
Court: Andhra Pradesh
Decided on: Aug-01-2002
Reported in: 2002(6)ALD621
P.S. Narayana, J. 1. This is a long drawn litigation arising out of an insolvency proceeding wherein neither the schedule creditors nor the legal representatives of the original owner - the deceased insolvent, are benefited. As can be seen from the facts of the case in view of the inordinate delay in the finalisation of the proceedings, the very object of the Insolvency Law is well frustrated and defeated. 2. The plaintiffs in O.S.No. 155/83 on the file of Principal Subordinate Judge, Tenali had preferred A.S.No. 1476/89 against the Official Receiver, Guntur appointed in I.P.No. 7/63 on the file of Insolvency Court, Tenali aggrieved by the judgment and decree granting the relief of partition relating to Northern shop room only and dismissing the suit relating to Southern shop room. Tr. A.S.No. 330/2000 was filed by the Offical Receiver, Guntur representing the general body of creditors in I.P.No. 7/63 as against the appellants in the other appeal arrayed as respondents as against an or...
Toddy Cooperative Society Vs. the Dy. Commissioner of Proh. and Excise
Court: Andhra Pradesh
Decided on: Aug-01-2002
Reported in: 2002AIHC4244
ORDERV.V.S. Rao, J.1. The petitioner impugns the order passed by the 1st respondent on 16-7-2002 in exercise of powers under sub-section (1) of Section 63 of the A.P. Excise Act, 1968 (for short 'the Act'). It is the case of the petitioner that petitioner's licence bearing No. E3/TL/1636/2001, dated 3-10-2001 was initially suspended and later, on receipt of report of the Government examiner regarding the sample drawn from petitioner's shop to the effect that the toddy is adulterated the same was cancelled by the 2nd respondent by proceedings in RC. No. E4/594/2002, dated 5-7-2002. The petitioner filed an appeal under sub-section (1) of Section 63 of the Act before the 1st respondent who rejected the appeal by passing a brief laconic order which reads as under:It is seen that the petitioner's licence has been cancelled for indulgence is selling toddy adulterated with chloral hydrate. Recalling the Hon'ble High Court of A.P., Hyderabad in W.P. No. 5406/99, dt 31.8.2001 held their result ...
Bandi Pandu Vs. Kola Balaji Varma and anr.
Court: Andhra Pradesh
Decided on: Aug-01-2002
Reported in: 2002(2)ALT(Cri)417; II(2003)BC93
ORDERC.H.S.R.K. Prasad, J.1. The petitioner herein who is accused No. 1 in C.C. No. 92 of1996 on the file of Additional Judicial First Class Magistrate, Avanigadda, in Krishna District invokes inherent powers and seeks quashing of the said proceedings.2. A brief resume of facts is necessary.The 1st respondent herein supplied prawns worth Rs. 1,78,738/- in the month of March/April, 1994 to the petitioner herein. A sum of Rs. 1,14,936/- was paid by the petitioner. For the balance amount a cheque bearing No. 952648, dated 27.7.1994 was issued. The cheque was dishonoured by State Bank of India, Governor Pet Branch, Vijayawada, as there is no sufficient amount. The 1st respondent issued a notice dated 17.10.1994 demanding the petitioner to pay the cheque amount.A complaint was filed on 11.11.1994 before the Judicial First Class Magistrate, Avanigadda, alleging that the petitioner committed an offence under Section 138 of theNegotiable Instruments Act (for short 'N.I. Act') and Section 420, ...
Kalla Rajaiah Vs. District Collector and Magistrate and ors.
Court: Andhra Pradesh
Decided on: Aug-01-2002
Reported in: 2003(1)ALT45
ORDERS.R. Nayak, J.1. This Writ Appeal filed by the unsuccessful writ petitioner has had a long and chequered history. The petition schedule land admeasuring Ac. 4.04 guntas comprised in Survey No. 31 of Kamareddy village, was assigned to the petitioner-appellant vide Patta Certificate dated 5-6-1977 by the then Tahsildar, Kamareddy under the Laoni Rules, 1950. The petition schedule land was assigned to the petitioner subject to certain conditions incorporated in the patta Certificate itself. According to those conditions, the land assigned to the petitioner is only heritable, but, not alienable. The other condition was that the petitioner schedule land should be brought under cultivation within three years from the date of assignment and the petition schedule land should not be leased out in any manner. When the matter stood thus, the Mandal Revenue Officer, Kamareddy issued show cause notice to the petitioner on 13-9-1987 for cancellation of the patta alleging that the petition sched...
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