Andhra Pradesh Court November 2003 Judgments
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M. Rammohan Reddy Vs. Government of Andhra Pradesh, Revenue (Uc.i) Dep ...
Court: Andhra Pradesh
Decided on: Nov-13-2003
Reported in: 2003(6)ALT533
1. This Writ Petition is filed in the nature of probono publico by a practising Advocate of this Court. Government of Andhra Pradesh - 1st respondent herein - issued G.O.Ms.Nos. 455 and 456, Revenue (UC.I) Department, dated 29-7-2002 wherein taking into account all the ground realities, practical aspects of the problem and the difficulties encountered in the strict enforcement of the law and also bearing in mind the fact that the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act') is an expropriatory law, decided to allot the excess lands to such third parties in occupation, under Section 23 of the Act, subject to certain conditions. These Governmental Orders are challenged in this Writ Petition on the ground that the same are not only contrary to the provisions of the Act, but also against the public policy.2. According to the petitioner, as per Section 23 of the Act, the excess vacant land shall be disposed of by the State Government to subserve the common good on suc...
Jas Raj Ganeshmal Vs. A.P. Dairy Development Co-operative Federation L ...
Court: Andhra Pradesh
Decided on: Nov-12-2003
Reported in: 2004(1)ALD878; 2004(2)ALT342
B. Prakash Rao, J.1. Heard Sri M.P. Ugle, the learned Counsel for the appellant. Though served, none appeared on behalf of the respondent.2. Unsuccessful plaintiff is the appellant herein, who is aggrieved against the judgment and Decree in O.S. No. 89 of 1984 dated 29-8-I992 on the file of II Additional Judge, City Civil Court, Hyderabad dismissing the suit filed for recovery amounts towards the Security Deposit of Rs. 2,17,96-51 ps and damages of Rs. 17,136/- with future interest3. Briefly the case of the plaintiff, before the Court below, is that it has been appointed as the authorised dealer on behalf of the defendant for selling the goods namely, 'Viyaja Ghee' in the State of Rajasthan. Accordingly, there had been supply of the goods, for which the plaintiff gave security deposit However, the Ghee supplied was found in reddish colour and not salable. The quality of goods was of inferior with bad smell. Therefore, the plaintiff protested with the defendant. After long dealings and ...
The Thandava Cooperative Sugars Limited Karmik Sankshema Sangh (Regd.N ...
Court: Andhra Pradesh
Decided on: Nov-11-2003
Reported in: 2004(1)ALT171; (2004)ILLJ927AP
B. Sudershan Reddy, J.1. These two writ petitions may be disposed of by a common order since the question that falls for consideration in both the writ petitions is one and the same, viz., whether the employees of the respondent. The Thandava Cooperative Sugars Limited (for short 'the Factory') are entitled to the payment of bonus as provided for under Section 10 of the Payment of Bonus Act, 1965 (for short 'the Act').2. In both the writ petitions, the Unions of the workmen are the petitioners espousing the cause of its members to receive the bonus as provided by Section 10 of the Act.3. The case set up by the petitioners is that the respondent-Society is covered by the provisions of the Act. As per Section 10 of the Act, every employer is liable to pay a minimum bonus of 8.33% of the salary or wage earned by the employees during the accounting year or one hundred rupees, whichever is higher, irrespective of the profits in its business.4. The gravamen of the complaint in the instant wr...
Globsyn Technologies Ltd. Vs. Eskaaycee Infosys
Court: Andhra Pradesh
Decided on: Nov-11-2003
Reported in: 2004(2)ALT174; 2004(1)ARBLR560(AP)
ORDERB. Sudershan Reddy, J.1. This Civil Revision Petition filed under Article 227 of the Constitution of India arises out of an order passed by the learned VI-Additional District Judge, Visakhapatnam dated 05.08.2003, whereunder the learned Judge allowed LA. No. 445 of 2003 in O.P. No. 52 of 2003 filed by the respondent herein purporting it to be under Sections 9(b) and (e) of the Arbitration and Conciliation Act 1996 (for short 'the Act') read with Order 38, Rule 5 of the Code of Civil Procedure seeking an order of attachment before Judgment of the petition schedule property.2. The petitioner herein is a Company incorporated under the provisions of the Companies Act with its Registered Office at New Delhi and Corporate Office at Calcutta, engaged in the business of Software education. The respondent herein is a partnership firm also engaged in the field of Computer education. Both of them have entered into an agreement on 16.10.2000 for setting up 'Techno Campus--The Software Finishi...
S. Altaf HussaIn Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Nov-11-2003
Reported in: 2004(3)ALD585; 2004(2)ALT372
Gopalakrisha Tamada, J1. This writ petition is preferred by the petitioner invoking the jurisdiction of this Court under Article 226 of the Constitution of India, seeking for a direction to set aside the judgment and order passed in O.A. No. 1859 of 2001 on 28-4-2001 by the A.P. Administrative Tribunal and to set aside the orders of the 1st respondent in G.O. Ms. No. 193 Revenue (Vig. II) Department, dated 16-3-2001, and also for a direction to the respondents to continue the petitioner inservice as Inspector of Excise with all consequential benefits viz., seniority, payment of arrears of salary and allowances.2. The case of the petitioner is that he was directly recruited as Excise Sub-Inspector in the year 1981 through the A.P. Public Service Commission and he joined in that post on 20-6-1981. He was rewarded with awards and increments to the best of his ability and performance during his career. He was promoted to the Post of Excise Inspector in the year 1992 and was posted to Vayal...
Mulla Madar Bee Vs. Tenali Ramakrishnaiah
Court: Andhra Pradesh
Decided on: Nov-11-2003
Reported in: 2003(6)ALT668
D.S.R. Varma, J.1. This appeal is filed challenging the judgment and decree dated 5-3-2002 passed by the Court of I Additional District Judge, Kurnool in A.S.No. 80/1999.2. By the impugned judgment and decree the lower appellate court dismissed the appeal filed by the plaintiff and thereby confirmed the judgment and decree dated 28-4-1999 passed by the Court of Junior Civil Judge, Dhone in O.S.No. 469/1996.3. Thus the unsuccessful plaintiff before both the courts below in a suit for permanent injunction, is the appellant herein. Hence, for the sake of convenience, the parties are being referred to as 'the plaintiff' and 'the defendant'.4. The brief facts are that the plaintiff filed the suit for permanent injunction restraining the defendants and his men from encroaching into the suit schedule land marked as AGBCDEF or from any interference with her peaceful possession over the suit land. In the plaint it is stated that the plaintiff purchased three acres of land and since the date of ...
Mahalaxmi Motors Ltd. Vs. Deputy Commissioner of Income-tax and anr.
Court: Andhra Pradesh
Decided on: Nov-10-2003
Reported in: (2004)186CTR(AP)739; [2004]265ITR53(AP)
Motilal B. Naik, J.1. The petitioner-Mahalakshmi Motors Limited, represented by its managing director, seeks a writ of prohibition or any other appropriate writ or order or direction declaring the notice bearing No. P. A. No. M-001/DC-2(1), dated August 19, 2002, issued by the first respondent under Section 148 of the Income-tax Act, 1961, proposing to reopen the completed assessment for the assessment year 1996-97 as illegal and further seeks to restrain the respondents from proceeding further in pursuance of the said notice.2. For the assessment year 1996-97, the petitioner-company filed its return of income under Section 139 of the Income-tax Act (for brevity 'the Act'), on November 29, 1996. Along with the return, the petitioner also filed its profit and loss account for the year ended March 31, 1996, and its balance-sheet as on March 31,1996. Various schedules to the profit and loss account were also enclosed along with the return. The profit and loss account disclosed a net profi...
Divisional Electrical Engineer, Operation, A.P.S.E.B. Vs. Siripurapu V ...
Court: Andhra Pradesh
Decided on: Nov-10-2003
Reported in: I(2004)ACC685; 2004(1)ALD372; 2004(1)ALT476; [2004(101)FLR77]; (2004)ILLJ973AP
B. Prakash Rao, J. 1. These appeals, at the instance of A.P. Electricity Board (now bifurcated into A.P. Genco and A.P. Transco) are coming up for consideration on a reference by learned Single Judge of this Court as per the orders dated 13.7.2001 on the following question:'whether the deceased/injured, who were working as the Village Electricity Workers are 'workmen' within the meaning of the Workmen's Compensation Act, 1923 (for short 'the Act') and whether there is any relationship of 'employer' and 'employee' between the A.P. Electricity Board/appellant and the deceased/injured in the absence of administrative/Supervisory control of the A.P. Electricity Board over the said workmen' or in short as to 'whether the deceased and injured are the employees of the A.P. Electricity Board or not?'2. Briefly, in CMA No. 1565 of 1993 and CMA No. 67 of 1996 the claim is at the instance of the legal representatives of the deceased. They were working as Electrical Helper and Electrical Worker, w...
T.V. Acharyulu and ors. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-10-2003
Reported in: 2004(2)ALD128; 2004(4)ALT481
L. Narasimha Reddy, J.1. The petitioners in all these writ petitions claim ownership and right in respect of various extents of lands in survey numbers situated in Nacharam and Uppal Revenue Villages. Hence they are disposed of through a common judgment.2. The respondents have undertaken demarcation of the Full Tank Level (for short 'the FTL') of a tank known as Pedda Cueruvu. The petitioners contend that in the course of fixation and demarcation of the FTL, the respondents are including the lands of the petitioners, and thereby rendering their lands either inaccessible or incapable of being put to any use. They seek appropriate directions in this regard.3. The petitioners contend that the lands held by them were patta lands of their predecessors in title and they were never treated as part of tank bed or shikam. They contend that once their predecessors in title held private pattas for such lands and that such rights were recognised in the various revenue records, it is not open for t...
Someswara Swamy Vari Devasthanam Vs. Dasam Suryanarayana and ors.
Court: Andhra Pradesh
Decided on: Nov-10-2003
Reported in: AIR2004AP223; 2004(2)ALD285
ORDERG. Yethirajulu, J.1. This revision petition is filed against the order of the Subordinate Judge, Tanuku in E.P. No. 30 of 1987 in O.S. No. 19 of 1974.2. The 1st respondent society was given some land of the first petitioner for establishment of a college on a condition that the society shall deposit Rs. 1,50,000/-with Temple as a corpus and the interest accrued thereon shall be treated as the rent for leasing out the property to the 1st respondent society for a period of 30 years. There was a delay of 11/2 years in deposit of Rs. 1,50,000/- after delivery of the property to the 1st respondent.3. The revision petitioner filed a suit against the respondents for realisation of the amount due towards interest on the amount from the date of possession till the date of deposit, being the loss suffered by the first petitioner due to delayed payment of the said amount. The lower Court decreed the suit for Rs. 39,703.27 with interest and costs. The petitioner filed E.P. No. 62 of 1981 for ...
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