Andhra Pradesh Court September 2003 Judgments
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M. Veeranjaneyulu Vs. M. Saraswathamma
Court: Andhra Pradesh
Decided on: Sep-05-2003
Reported in: AIR2004AP27
ORDERD.S.R. Varma, J. 1. Fixation of the upset price in the sale proceedings by the Senior Civil Judge, Adoni, with no reference to the estimation given either by the judgment-debtor or the Amin of the Court, is under challenge in this Civil Revision Petition.2. The petitioner is the judgment-debtor and the respondent is the decree-holder.3. The house of the judgment-debtor had been brought to sale. During the sale proceedings, it appears that the judgment-debtor valued his house, which is brought to sale, at Rs. 15,00,000/-, the Amin of the Court estimated the same At Rs. 12,00,000/- whereas the decree-holder estimated the same at Rs. 8,00,000/-. Without taking into account the valuation of the house made by the judgment-debtor, the Court below had accepted the valuation made by the decree-holder and accordingly fixed the upset price at Rs. 8,00,000/-. Hence, the present Civil Revision Petition.4. Learned counsel for the petitioner submits that as per the State amendment to Order 21, ...
Paladugula Kondaiah Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Sep-05-2003
Reported in: 2003(2)ALD(Cri)791; 2004CriLJ1093
K.C. Bhanu, J.1. The appeal is directed against the judgment, dated 13-9-2001, in S.C. No. 72/2000, on the file of the learned Sessions Judge, Warangal, whereby the accused-appellant was convicted under Section 302, I.P.C. and sentenced to life imprisonment.2. The facts necessary for the disposal of the appeal are briefly as follows. Accused and the deceased were friends. Deceased is brother of P.W. 1. P.W. 2 is the wife of P.W. 1. On 21-9-1999 the accused took the deceased to his house. In the night, the wife of the accused requested P.W. 8 to provide cooked rice which, she stated, the deceased would take food in their house. In the middle of the night, P.W. 4, daughter of the accused, heard the cries of her mother and woke up. She saw the deceased catching the hand of her mother. Accused and deceased had quarrelled with each other on that count. Deceased beat the accused. Then accused pushed the deceased due to which the latter fell on a cot. Accused then gave a blow with an axe on t...
Paidimarri Shanker and ors. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Sep-05-2003
Reported in: 2003(2)ALD(Cri)538; I(2004)DMC546
K.C. Bhanu, J.1. This statutory appeal under Section 374 of the Code of Criminal Procedure, 1973 is directed against the judgment in Sessions Case No. 317 of 1996 on the file of the IVth Additional District and Sessions Judge (Fast Track Court), Karimnagar dated 10.8.2001.2. The learned Sessions Judge through the judgment under appeal convicted the accused 1 and 7 for the offence under Section 498-A, I.P.C. and sentenced each of them to undergo three years' rigorous imprisonment and further sentenced A.1 to pay fine of Rs. 5,000/- in default to undergo simple imprisonment for one year and also sentenced A.7 to pay a fine of Rs. 1,000/- in default to undergo simple imprisonment for three months. He convicted A.2 under Section 304-B, I.P.C. and sentenced her to undergo rigorous imprisonment for seven years and he also convicted A.4, A.5, and A.6 under Section 304-B of I.P.C and sentenced each of them to suffer imprisonment for life.3. The brief facts that are necessary for the disposal o...
Sri Venugopal Oil Mill Vs. Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Sep-05-2003
Reported in: [2004]138STC517(AP)
ORDERMotilal B. Naik, J.1. Petitioner is a registered dealer on the rolls of the respondent and doing business in vegetable oil. The petitioner filed an audit report as provided under rule 17(5A) of the A.P. General Sales Tax Rules 1957, which was inserted by G.O. Ms. No. 816, dated November 15, 2000. In the audit report the petitioner claimed exemption in respect of purchase of groundnut seeds effected from oil millers on a turnover of Rs. 19,27,150 on the ground that they have already suffered tax at an earlier stage.2. While so, the Government of Andhra Pradesh issued G.O. Ms. No. 354, dated May 29, 2001 to the effect that a party, whose turnover exceeds Rs. 40 lakhs, is entitled to file an audit report and on the basis of such audit report the assessing authority is entitled to pass a formal order within a period of fifteen days from the date of receipt of such audit report accepting the claim made by the assessee. However, it is contended that the assessing authority though passed...
Koneru Sand and Boat Workers Co-operative Society Limited Vs. District ...
Court: Andhra Pradesh
Decided on: Sep-04-2003
Reported in: 2003(6)ALD185
ORDERL. Narasimha Reddy, J.1. These two writ petitions relate to grant of lease to quarry sand in Reach No. 15 of Krishna River in Achampeta Mandal, Guntur District. Hence, they are disposed of through a common order.2. The petitioners in both the writ petitions are Boat Workers Co-operative Societies. The petitioner in W.P. No. 12267 of 2003 is impleaded as respondent No. 4 in W.P. No. 13627 of 2003. For the sake of convenience, the petitioner in W.P. No. 12267 of 2003 is referred to as the 1st petitioner and the petitioner in W.P. No. 13627 of 2003, as the 2nd petitioner.3. The A.P. Minor Mineral Concession Rules, 1966 (hereinafter referred to as 'the Rules') deal with grant of leases in respect of minor minerals. Sand is classified as a minor mineral. With a view to make special provisions in relation to sand, the Government of Andhra Pradesh had amended the Rules by issuing G.O. Ms. No. 1, dated 1-1-2001. Through this amendment, Rules 9B to 9X were added. The Rules provide for cert...
Chairman of the Board of Trustees of the Port, Visakhapatnam Port Trus ...
Court: Andhra Pradesh
Decided on: Sep-04-2003
Reported in: 2003(6)ALD562; 2004(1)ALT195; 2004(1)ARBLR319(AP)
P.S. Narayana, J. 1. The petitioner, Chairman of the Board of Trustees of the Port of Visakhapatnam Port Trust, Visakhapatnam, had filed the present O.P. under Section 30 of the Arbitration Act, 1940, hereinafter referred to as 'Act' in short, praying for the relief to set aside the award dated 28-2-1991 made by Sri Gurucharan Singh, Umpire, 12, Palam Marg, Vasant Vihar, New Delhi 110057, shown as 1st respondent in the O.P., relating to the work of construction of land based works at Lova Gardens which is C-2 works and marine works and break water construction, which is C-3 works. The Contractor M/s. Continental Constructions Limited, Continental House, 28, Place, New Delhi 110018, is shown as 2nd respondent in the O.P.2. The O.P. was filed in the matter of C.M.A. No.162/80 and C.M.A. No. 1189/82, The petitioner, no doubt, had raised several grounds in the main O.P. and also in the supplemental statement to the said O.P. on objections filed by M/s. Continental Construction Limited, the...
Chinthlapudi Narayana and ors. Vs. Ramisetti Mahalakshmamma
Court: Andhra Pradesh
Decided on: Sep-04-2003
Reported in: 2003(6)ALD765; 2003(6)ALT514
C.Y. Somayajulu, J.1. Defendants in O.S. No. 96 of 1986 on the file of the Court of District Munsif, Huzurnagar are the appellants. For the sake of convenience, the parties would be referred to as they are arrayed in the Trial Court.2. Plaintiff filed the suit for partition of the plaint schedule property (suit property) into five equal shares and for allotment of one such share to her, alleging that consequent on the death of her mother C. Anasuryamma about 15 years prior to the suit, she and defendants, who are her father, brothers and sister, became entitled to 1/5th share each in the suit property, which was the 'Stridhana' property of her mother, and that fifth defendant, who was subsequently added as a party to the suit, is not entitled to a share in the suit property as he went away in adoption, and defendants, who were delivering about ten bags of paddy every year towards her share in the suit property, stopped giving her share from a few years, and so she does not wish to keep...
In Re: T.C.i. Industries Ltd.
Court: Andhra Pradesh
Decided on: Sep-04-2003
Reported in: 2004(2)ALT14; [2004]118CompCas373(AP); [2004]50SCL450(AP)
N.V. Ramana, J.1. This company petition filed by M/s. TCI Industries Ltd., under Sections 391 and 394 of the Companies Act, 1956, seeks sanction of the court to the scheme of arrangement proposed by the petitioner with their shareholders.2. In the year 1965, the petitioner was incorporated as a private limited company under the provisions of the Companies Act, 1956 (for short 'the Act'), in the State of Assam. Thereafter, in the year 1974, the petitioner converted itself into a public limited company and changed its registered office to the State of Andhra Pradesh after complying with the provisions of the Act. As on March 31, 2002, the authorised share capital of the petitioner is at Rs. 15,00,00,000 divided into 1,50,00,000 equity shares of Rs. 10 each and 1,00,000 preference shares of Rs. 100 each, and the issued, subscribed and paid-up capital of the petitioner is at Rs. 95,00,000 divided into 9,50,000 equity shares of Rs. 10 each fully paid. Apart from the above capital, there is ...
Star India Private Limited Vs. Indus Ind Media and Communications Limi ...
Court: Andhra Pradesh
Decided on: Sep-03-2003
Reported in: AIR2003AP473
T. Meena Kumari, J.1. This Civil Miscellaneous Appeal is filed questioning the order dated 5-2-2003 of the Civil Judge, City Civil Court, Hyderabad in IA No. 333 of 2003 in OS No. 41 of 2003.2. The appellant herein is the respondent/defendant and the respondent herein is the petitioner/plaintiff in the said I.A./ Suit.3. The brief facts leading to the filing of the present CMA are as follows :The appellant is doing business in regulating and transmitting Star Package Channels and those signals are available in the air for reception and transmission through digital decors on payment basis to the Cable Net Work like the respondent herein. The respondent is a CATV Network in the State of Andhra Pradesh and it is distributing and transmitting various satellite channels including pay and free channels. There was an agreement between the appellant and the respondent herein for the period from 29-6-2002 to 28-9-2002 on payment of monthly subscription at the rate of Rs. 6,00,000/-per month and...
General Manager (Sales), Fdc Limited and ors. Vs. Deputy Commissioner ...
Court: Andhra Pradesh
Decided on: Sep-03-2003
Reported in: 2003(6)ALD383; 2003(5)ALT679; (2004)ILLJ364AP
B. Sudershan Reddy, J. 1. These cases may be disposed of by a common judgment, since the question that arises for consideration in all the cases in one and the same.2. The core question that arises for consideration in all these cases is as to whether the Sales Promotion Employees (Conditions of Service) Act, 1976 (for short 'the SPE Act') ousts the jurisdiction of the authorities constituted under the Andhra Pradesh Shops and Establishments Act, 1988 (for short 'the Shops Act') and consequently whether the authorities under the latter Act are precluded from entertaining the appeals preferred by the aggrieved Sales Promotion Employees challenging the termination of their services? Whether the authorities constituted under the Shops Act have no jurisdiction to entertain any appeal preferred by the Sales Promotion Employees challenging the action of the employers in terminating their services?Factual matrix:3. For the sake of convenience, the parties herein shall be referred to as 'emplo...
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