Andhra Pradesh Court October 2004 Judgments
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Shalimar Video Company, Rep. by Its Partner Mr. Mohd. Ashraf Vs. Divya ...
Court: Andhra Pradesh
Decided on: Oct-14-2004
Reported in: 2004(6)ALD447; 2004(6)ALT244
D.S.R. Varma, J.1. Heard both sides. 2. This appeal is directed against the judgment and decree, dated 30-04-2004, in O.S. No. 183 of 2003, passed by the IX Additional Chief Judge, City Civil Court,(Fast Track Court) Hyderabad. 3. The appellant is the plaintiff and the respondents are the defendants.4. For the sake of convenience, in this judgment, the parties will be referred to according to their array in the suit.5. Plaintiff-M/s Shalimar Video Company, Hyderabad, is a registered partnership firm carrying on the business of buying films for processing and making video gram CDs/VCDs and marketing the same. First defendant-M/s Divya Exports, Guntur, and the second defendant-Vijaya Pictures, Vijayawada, are also carrying on similar business as that of the plaintiff. 6. Plaintiff entered into an agreement, dated 17-08-2001 with one M.Srinivasa Rao for assignment of fifteen (15) Telugu Feature Films, (viz., 1.Maya Bazaar; 2.Shavukaru; 3.Patala Bhairavi; 4.Pelli Chesi Choodu; 5.Chandrahar...
Dr. I. Devanand S/O I.i. Raju Vs. N.T.R University of Health Sciences ...
Court: Andhra Pradesh
Decided on: Oct-14-2004
Reported in: 2004(6)ALD474; 2004(6)ALT718
ORDERV.V.S. Rao, J. 1. Dr. I. Devanand, petitioner herein, after completion of B.D.S., appeared for M.D.S. Entrance Test. He obtained the rank 58 and he belongs to Osmania University local area. He is a Scheduled Caste- C candidate (SC-C). He claims that among all the Scheduled Caste candidates he stood first. He is aggrieved by the action of first respondent University in selecting and admitting second respondent SC-C belonging to Andhra University local area to M.D.S. course in the third respondent college. Therefore, he filed the present Writ Petition seeking declaration that the action of first respondent in providing admission to less meritorious candidate - second respondent herein; by earmarking seat reserved for SC-C to Andhra University local area ignoring the top ranking merit of the petitioner among SC-C category candidates as illegal, arbitrary and ultra vires. The petitioner also prays for a consequential direction to first respondent, namely, N.T.R. University of Health S...
Late Nawab Basheer Jung (Died) by Lrs. and ors. Vs. Late Nawab Mohd. L ...
Court: Andhra Pradesh
Decided on: Oct-14-2004
Reported in: 2004(6)ALD523
ORDERL. Narasimha Reddy, J.1. This application is filed under Section 151 Civil Procedure Code (C.P.C), by the legal representatives of Defendant Nos. 3, 4, 5, 6, 7, 9, 10, 11, 18, 19, 20 and 22, in C.S. No. 7 of 1958, for the relief of a direction to the Receivers-cum-Commissioners, to distribute the land of an extent of Ac. 16-16 guntas, situate in Survey No. 56/1P, 57, 59/1P, 59/3 and 59/4 of Kakaguda Village, Tirumalaghery Mandal, among the share holders, in terms of the preliminary decree.2. The applicants have pleaded the following facts:C.S. No. 7 of 1958 was filed in this Court, for the relief of partition and separate possession of 'Matrooka' properties of late Nawab Moi-nud-Dolah Bahadur, and late Asman Jah Bahadur, shown in the schedule to the suit. A preliminary decree was passed on 6.4.1959, on the basis of a compromise, entered into, among some of the parties. The manner of distribution of various items of properties, was indicated in the preliminary decree. However, Item...
Great Eastern Shipping Co. Vs. Food Corporation of India
Court: Andhra Pradesh
Decided on: Oct-14-2004
Reported in: 2004(6)ALD633
L. Narasimita Reddy, J.1. These three civil miscellaneous appeals arise between the same parties and out of the same transaction. Hence, they are disposed of through a common judgment.2. M/s Great Eastern Shipping Company is the appellant in CM.A. Nos. 3514 and 3635 of 2000 and it is the 1st respondent in C.M.A. No. 3119 of 2001. It shall, hereafter, be referred to as 'the appellant'. The Food Corporation of India is the appellant in C.M.A. No. 3119 of 2001 and the respondent in C.M.A. Nos. 3514 and 3635 of 2000 and shall be referred to as 'the respondent'.3. The respondent chartered a ship, by name, M. V. Jag Dharma, owned by the appellant, for carriage of cargo of wheat from Columbia and other countries, to Indian Ports. The necessary Charter-party was executed on 9-3-1983. One of such cargoes was to be delivered at Vishakapatnam Port.4. The important conditions of contract (Charter-party) from the point of view of these appeals are, that the respondent is allowed a particular period...
E.S.i. Corporation Vs. Chitivalasah Jute Mills
Court: Andhra Pradesh
Decided on: Oct-14-2004
Reported in: 2005(1)ALT331; (2005)IILLJ203AP
L. Narasimha Reddy, J.1. Common questions of fact and law are involved in both these Civil Miscellaneous Appeals filed under Section 82 of the Employees' State Insurance Act, 1948 (for short 'the Act'). Hence, they are disposed of through a common Judgment.2. The parties are common to both the appeals. The ESI Corporation is the appellant and the respondent is a jute mill, which is covered by the provisions of the Act. The officials of the appellant-Corporation inspected the office of the respondent and found that the contribution under the Act was not paid, on the amount representing wages of its employees on festival and holidays. Separate proceedings were initiated for the period from 1996 to 1999 and 1999 to 2000. The respondent challenged the said proceedings by filing E.I. Case Nos. 49 of 2000 and 57 of 2001 on the file of the Employees Insurance Court-cum-Industrial Tribunal-I, Hyderabad (hereinafter referred to as the Tribunal). Through separate orders dated 30-11-2001 and 29-1...
Esi Corporation Vs. Chitavalasah Jute Mills and anr.
Court: Andhra Pradesh
Decided on: Oct-14-2004
Reported in: 2005(1)ALD848; [2005(106)FLR74]
L. Narasimha Reddy, J.1. Common questions of fact and law are involved in both these civil miscellaneous appeals filed under Section 82 of the Employees' State Insurance Act, 1948 (for short 'the Act'). Hence, they are disposed of through a common judgment.2. The parties are common to both the appeals. The ESI Corporation is the appellant and the respondent is a jute mill, which is covered by the provisions of the Act. The officials of the appellant-Corporation inspected the office of the respondent and found that the contribution under the Act was not paid, on the amount representing wages of its employees on festival and holidays. Separate proceedings were initiated for the period from 1996 to 1999 and 1999 to 2000. The respondent challenged the said proceedings by filing E.I. Case Nos.49 of 2000 and 57 of 2001 on the file of the Employees Insurance Court-cum-Industrial Tribunal-1, Hyderabad (hereinafter referred to as the Tribunal). Through separate orders dated 30.11.2001 and 29.1....
Food Inspector, Div. Iii Vs. J. Narasimha Rao and ors.
Court: Andhra Pradesh
Decided on: Oct-14-2004
Reported in: 2005CriLJ536
P.S. Narayana, J.1. The Food Inspector, Division-111, Krishna, Machilipatnam represented by the Public Prosecutor, High Court of A.P. preferred this criminal appeal being aggrieved by an order of acquittal recorded by the Judicial Magistrate of First Class, Tiruvuru in C.C. No. 69 of 1997 dated 15-2-1999.2. The complainant filed the complaint against the respondents/accused 1 to 4 under Sections 16(1)(a)(ii), 7(v) and 2(ia)(b) of Prevention of Food Adulteration Act, 1954 (hereinafter in short referred to as 'Act' for the sake of convenience) and Rules 23 and 29 of Prevention of Food Adulteration Rules, 1955 and item A-18.06 of Appendix-B of Prevention of Food Adulteration Rules, 1955 (hereinafter in short referred to as 'Rules' for the sake of convenience).3. The case of the prosecution is as follows :A1 is the proprietor of Krishna Merchant Shop situated at house No. 8/249, Vissannapeta, Krishna District. A2 is the Managing Partner of A3. A4 is the proprietor of Gaja Lakshmi Dhal Mill...
V. Suvarna Vs. Vadla Krishnaiah (Died) by Lr
Court: Andhra Pradesh
Decided on: Oct-13-2004
Reported in: 2004(6)ALD539; 2004(6)ALT684
ORDERL. Narasimha Reddy, J. 1. This revision is filed assailing the order passed by the Court of Junior Civil Judge, at Wanaparthy, refusing to receive a document in evidence, in O.S. No. 27 of l999.2. The petitioner filed the suit for the relief of declaration of title and recovery of possession, in respect of a vacant site admeasuring about 25 square yards. According to her, the suit plot was gifted to her, by her father, the defendant, towards 'pasupu kumkuma', at the time of her marriage. During the pendency of the suit, her father died and legal representative was brought on record. In the written statement, the claim of the petitioner was denied. The alleged gift deed was stated to be, not genuine.3. The trial of the suit commenced. During the course of evidence on behalf of the petitioner herein, an un-registered document, was sought to be marked. The respondent raised an objection stating that the document in question is an un-registered gift deed, and that it is inadmissible i...
Durga Wine Industries Vs. Commercial Tax Officer and anr.
Court: Andhra Pradesh
Decided on: Oct-13-2004
Reported in: (2007)11VST60(AP)
ORDERBilal Nazki, J.1. Heard learned Counsel for the parties. A notice under Section 17 of the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the Act') is challenged in this writ petition.The petitioner contends that it is a firm engaged in manufacturing and trading of liquor having its office at Cuddapah and factory at Vijayawada. A notice dated March 8, 1999 under Section 17 of the Act was served on the second respondent asking him to pay an amount of Rs. 17,08,764 from out of the amounts due to the petitioner towards alleged arrears of sales tax due from an independent third party M/s. Sri Radha Krishna Wine Distributors, Cuddapah. The petitioner filed a writ petition being W.P. No. 5435 of 1999 contending that he was not responsible for the alleged arrears of another proprietary concern since the petitioner was an independent partnership firm. This Court disposed of the writ petition by order dated March 17, 1999 directing the first respondent to reconcile the payments mad...
Eureka Estates (P) Ltd. Vs. A.P. State Consumer Disputes Redressal Com ...
Court: Andhra Pradesh
Decided on: Oct-12-2004
Reported in: AIR2005AP118; 2004(6)ALD212; 2004(6)ALT46
B. Sudershan Reddy, J. 1.The petitioner invokes the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to issue a writ of certiorari or any other appropriate writ and quash the order of the 1st respondent in C.D.I.A. No. 1392 of 2003 (wrongly described as C.D.I.A. No. 1939 of 2001) in C.D. No. 74 of 1999, dated 7-11-2003.2. In order to consider as to whether the impugned order passed by the A.P. State Consumer Disputes Redressal Commission (for short 'the Commission') suffers from any errors apparent on the face of the record requiring our interference in exercise of our certiorari jurisdiction, few relevant facts leading to filing of this writ petition may have to be noticed.3. Respondent Nos. 2 and 3 herein have filed a complaint in C.D. No. 74 of 1999 before the 1st respondent-Commission under Section 17(1) of the Consumer Protection Act, 1986 (for short 'the Act') against the petitioner with a prayer to direct the petitioner to com...
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