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Andhra Pradesh Court November 2004 Judgments

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Nov 22 2004

State of A.P. Vs. Hindusthan Shipyard Ltd.

Court: Andhra Pradesh

Decided on: Nov-22-2004

Reported in: [2005]142STC460(AP)

ORDERT. Meena Kumari, J.1. Questioning the order dated December 23, 2003 passed in T.A. No. 178 of 1999 by the Sales Tax Appellate Tribunal, Hyderabad, the State preferred the present tax revision case.2. The brief facts of the case are as follows :The respondent herein, i.e., Hindusthan Shipyard Limited, Visakhapatnam is a registered dealer on the rolls of the Commercial Tax Officer, Chinawaltair Circle, Vizag. The Commercial Tax Officer, Vizag, passed a final assessment order for the year 1990-91 levying tax, inter alia, on a turnover of Rs. 12,66,980 relating to the purchase of water under Section 6-A of the Andhra Pradesh General Sales Tax Act, 1957. Aggrieved by the said final assessment order the respondent herein preferred an appeal before the Deputy Commissioner and the said appellate authority while confirming the final assessment order of the Commercial Tax Officer, Vizag, dismissed the appeal. Against which, the respondent herein filed an appeal before the Sales Tax Appellat...


Nov 19 2004

Sree Lakshmi Metal Industries and Constructions Vs. Commissionerate of ...

Court: Andhra Pradesh

Decided on: Nov-19-2004

Reported in: 2005(1)ALD802

ORDERG. Yethirajulu, J.1. The petitioner is a firm undertaking contract works. The third respondent issued a tender notice on 7.9.2004 calling for tenders regarding the execution of the work of development of new internal roads, footpaths, parking, landscaping, and providing MS grill etc., in the premises of A.P. Secretariat, Hyderabad, at an estimated cost of Rs. 2,31,50,395/- and those who are eligible to participate were required to participate in the tender. The petitioner submitted its tender in the office of the third respondent. The technical bids were opened on 25.10.2004, though it was scheduled to be opened on 1.10.2004 as per the tender notice. The petitioner and the 4th respondent participated in the tender. The petitioner produced all the required documents as per the tender notice including a certificate issued to its concern regarding the experience in electrical works. The third respondent addressed the Central Public Works Department seeking information regarding the g...


Nov 19 2004

Employees' State Insurance Corporation Vs. A.P. Heavy Machinery and En ...

Court: Andhra Pradesh

Decided on: Nov-19-2004

Reported in: 2005(2)ALD(Cri)219; IV(2005)BC171; 2005CriLJ1080

P.S. Narayana, J.1. Employees State Insurance Corporation represented by its Inspector, Hill Fort Road, Adarshnagar, Hyderabad had preferred the present appeal as against the order of acquittal recorded in C.C. No. 66 of 1988 on the file of the XXIII Metropolitan Magistrate, Hyderabad, which had been transferred to the said Court by the Metropolitan Sessions Judge, Hyderabad vide orders in Dis. No. 2282 of 1998, dated 4-7-1998 for disposal according to law.2. It is averred in the complaint that the Managing Director of A. 1 company shown as A.2 issued a cheque for Rs. 1,00,000/-in favour of appellant-complainant Recovery Officer towards contribution for the period from 10/92 to 9/94 payable by the accused, drawn on the State Bank of India, Vijayawada and the said cheque was returned dishonoured for the reason 'exceeds arrangements' and that the appellant-complainant got issued the statutory notice as required under the Negotiable Instruments Act, 1881 (for brevity of 'the Act') which w...


Nov 19 2004

G. Sridhar and anr. Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Nov-19-2004

Reported in: 2005CriLJ1292

ORDERC.Y. Somayajulu, J.1. Petitioners who are taking trial for an offence under Section 376 of I. P. C. engaged a counsel. The casual way in which the counsel for petitioners conducted the proceedings before the Sessions Court should not only be frowned at, but should also be deprecated, for the reasons to be mentioned below.2. During the course of trial, the learned counsel for the petitioners in the trial Court filed Cri. M. P. Mo. 89 of 2004 for recalling P. W. 1 on the ground that some important questions have to be put to her. That petition was dismissed by the learned trial Judge. Aggrieved thereby, petitioners preferred a revision to this Court in Criminal Revision Petition No. 1032 of 2004, which was dismissed by a learned Judge of this Court on 29-6-2004. The trial went on and the other witnesses for prosecution were examined. Thereafter since the counsel for the petitioners in the trial Court seems to have given up the brief during the course of trial, petitioners engaged an...


Nov 19 2004

Giddi Gowthami @ Jyoti Vs. Giddi Samuel

Court: Andhra Pradesh

Decided on: Nov-19-2004

Reported in: 2005(3)ALT102; II(2005)DMC605

ORDERB. Seshasayana Reddy, J.1. This Civil Revision Petition is directed against the Order dated 27-7-2004 passed in I.A.No. 162 of 2001 in O.P.No. 790 of 2003 on the file of the District Judge, Vizianagaram, whereby the learned District Judge refused to grant interim alimony.2. The petitioner is the wife of the respondent. The respondent herein filed O.P.No. 790 of 2003 for restitution of conjugal rights under Section 32 of the Indian Divorce Act, 1869 (for short 'the Act'). The petitioner/wife filed I.A.No. 162 of 2001 under Section 36 of the Act for grant of interim alimony at the rate of Rs. 1,000/-(rupees one thousand only) per month and legal expenses of Rs. 2,000/- (rupees two thousand only) pending the main proceedings. The respondent/husband filed counter resisting the application. It is averred in the counter that the petitioner filed M.C.No. 2 of 2003 on the file of the Judicial First Class Magistrate, Vizianagaram, claiming maintenance and the same was ended in dismissal on...


Nov 18 2004

B. Pushpamma and ors. Vs. Joint Collector and ors.

Court: Andhra Pradesh

Decided on: Nov-18-2004

Reported in: 2005(1)ALD260; 2005(1)ALT240

ORDERV.V.S. Rao, J.1. The first petitioner is the wife and petitioners 2 to 4 are children of one Anjaiah, who is none other than the brother of the fourth respondent. It is the case of the petitioners that the property in Survey Nos. 304, 362 and 392 admeasuring Ac. 26.27 guntas in Regadi Doswada village in Shahbad Mandal of Ranga Reddy District and other lands originally belonged to one Balaiah, the father of Anjaiah and fourth respondent. After his death, according to the petitioners, the property was partitioned by an unregistered partition deed dated 9-5-1963 and the land (hereafter called, subject land) fell to the share of Anjaiah, that Anjaiah made an application to the third respondent for regularisation of the partition deed under Section 5-A of A.P. Rights in Land and Pattadar Pass Books Act, 1971 (the Act, for brevity), that by order dated 08-02-1996, Mandal Revenue Officer issued proceedings regularizing the unregistered partition deed, and aggrieved by the same, the fourt...


Nov 18 2004

N. Dolendra Prasad Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Decided on: Nov-18-2004

Reported in: 2005(1)ALD545

Devinder Gupta, C.J.1. Petitioner, an Editor of Telugu News Weekly 'Zamin Ryot' has filed this petition in Public Interest, alleging infirmities, irregularities and illegalities alleged to have been committed by Respondents 1 and 2 in adopting a new procedure for short-listing pre-qualified Contractors for entrusting the work of completing the on-going Water Resource and Irrigation Development Projects and such other like projects to be undertaken by the State Government. Challenge is also to the short-listing of nine Contractors (Respondents 3 to 11), as arbitrary.2. Petitioner claims that the News Weekly 'Zamin Ryot' was established in 1930 and is the oldest Telugu News Weekly having wide circulation throughout the State of Andhra Pradesh and it has always focused on various issues relating to the problems of farmers in the State and has been striving for various agrarian reforms. It has been at the forefront of seeking implementation of land reforms and had also fought against the Z...


Nov 18 2004

Dr. A. Krishna Veni Vs. Registrar, Ntr University of Health Sciences a ...

Court: Andhra Pradesh

Decided on: Nov-18-2004

Reported in: 2005(1)ALD590

ORDERV.V.S. Rao, J.1. The petitioner is a medical graduate. She appeared for post-graduate medical entrance test, 2003 held on 31.12.2003. She belongs to BC(D) category and in the entrance test, she obtained rank 628. She appeared for selections. In the first counselling, she was admitted to DGO course at Kurnool Medical College as a local candidate of Sri Venkateswara University (SVU) local area. In M.D. (Anaesthesia), in the first counselling, the BC candidate with rank 262 belonging to Andhra University (AU) local area was admitted to the unreserved (non-local) seat as a service candidate in Osmania Medical College. The candidate with rank 21 was also admitted in OC unreserved seat in Osmania Medical College. Thus, during the first selections, fifteen (15) seats in Osmania University (OU) local area were filled up, out of which, two seats were unreserved and both the scats were allotted to AU local area candidates, who were treated as non-local candidates in relation to OU local are...


Nov 18 2004

S. Hassan and anr. Vs. Sha Peerchand, Pawn Broker and Money Lender

Court: Andhra Pradesh

Decided on: Nov-18-2004

Reported in: 2005(1)ALD583; 2005(1)ALT457

L. Narasimha Reddy, J.1. The Civil Miscellaneous Appeal is filed by the judgment-debtors 4 and 5 in E.P. No. 128 of 1994 in O.S. No. 12 of 1979 on the file of the Additional Senior Civil Judge, Guntur, aggrieved by the order, dated 11-3-2002.2. The sole respondent herein filed O.S. No. 12 of 1979 for specific performance for an agreement of sale, dated 19-9-1976 against three persons, who are parties thereto (Defendants 1 to 3) and the appellants herein. It was pleaded that the defendants 1 to 3 have borrowed two sums, namely, Rs. 20,000/- and Rs. 17,000/- from the respondent, by executing two promissory notes and with a view to discharge the liability thereunder, they executed an agreement of sale, to convey the suit schedule property for a consideration of Rs. 40,000/-. The first appellant is said to have purchased part of the suit schedule property under an agreement of sale dated 27-3-1978 and the second appellant purchased the remaining part of it through a sale deed, dated 1-4-19...


Nov 18 2004

Eranki Srirama Murthy (Died) and ors. Vs. Eranki Atchuta Venkata Subra ...

Court: Andhra Pradesh

Decided on: Nov-18-2004

Reported in: 2005(1)ALT569

Devinder Gupta, C.J.1. This Letters Patent Appeal arises out of the judgment and decree passed by the learned single Judge of this Court in A.S. No. 2108 of 1993 dismissing the appeal of the plaintiffs/appellants thereby confirming the judgment and decree passed on 15-7-1983 by the Court of Subordinate Judge, Rajahmundry in O.S. No. 42 of 1974 dismissing the suit of the plaintiffs/ appellants.2. The suit was initially instituted on 21-3-1974 by Eranki Srirama Murthy, now deceased, against his son Eranki Atchuta Venkata Subrahmanyam and four others. Defendant No. 1 is the second son of the plaintiff, Eranki Srirama Murthy, whereas defendants 2 to 5 are the sons of defendant No. 1. Eranki Srirama Murthy - the plaintiff had seven sons. First son, Suryanarayana Murthy, predeceased him in 1969 leaving behind his widow, six daughters and four sons. Except his sixth son, who was living at Secunderabad and practising as an Advocate, the other sons were living at Jegurupadu. The plaintiff, his ...


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