Andhra Pradesh Court December 2004 Judgments
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National Insurance Company Limited and ors. Vs. Susru Sea Foods Rep. b ...
Court: Andhra Pradesh
Decided on: Dec-17-2004
Reported in: 2005(1)ALT297
ORDERB. Sudershan Reddy, J.1. This Civil Revision Petition under Article 227 of the Constitution of India is directed against the order, dated 26-10-2004, made in I.A. No. 1523 of 2004 in O.S. No. 639 of 1997 on the file of the learned I Additional Senior Civil Judge, Visakhapatnam, whereunder the learned Judge allowed the application filed by the respondent/plaintiff to summon two witnesses viz., V. Raj Kumar and Capt. P. Jacob Rao, in the interest of justice.2. Respondent/plaintiff got himself examined as P.W.1 and another witness was examined as P.W.2. On behalf of the petitioners/defendants D.Ws.1 and 2 were examined and their evidence was closed.3. It is the case of the respondent/plaintiff that the petitioners/defendants did not examine one V. Raj Kumar who dealt with the matter concerned to the suit. Likewise, the Surveyor of IMSACO, Capt. P. Jacob Rao, who was also present throughout, at the time of salvage operations, was not examined by the petitioners/defendants. Their evide...
Uppala Veeresam Vs. Alladi Sairam
Court: Andhra Pradesh
Decided on: Dec-17-2004
Reported in: 2005(1)ALD449; 2005(2)ALT209
Bilal Nazki, J.1. The second appeal has come before us on a reference by a learned Single Judge of this Court. Before this reference is answered, it will be pertinent to refer to certain material facts giving rise to the second appeal.2. The plaintiff filed a suit for possession of the suit premises. He contended that he had purchased the suit premises from Balde Siva Prasad under a registered sale deed dated 9.9.1988. The defendant was carrying on cloth business in a portion of the suit premises on a monthly rent of Rs. 215/-. Prior thereto, the vendor of the plaintiff had rented out the premises to the defendant. The house was constructed in 1984. The tenancy was determined with effect from 28.2.1990 by a notice. The defendant claimed in his written statement that he was a tenant from 1955 and he was paying rent of Rs. 400/- p.m., till 1984. On a compromise reached between him and Balde Siva Prasad in R.C. No. 254 of 1984, the defendant surrendered the mulgi to B. Siva Prasad and obt...
National Insurance Co. Ltd. and ors. Vs. Susru Sea Foods
Court: Andhra Pradesh
Decided on: Dec-17-2004
Reported in: 2005(1)ALD464
ORDERB. Sudershan Reddy, J.1. This civil revision petition under Article 227 of the Constitution of India is directed against the order, dated 26- 10-2004, made in I.A. No. 1523 of 2004 in O.S. No. 639 of 1997 on the file of the learned I Additional Senior Civil Judge, Visakhapatnam, whereunder the learned Judge allowed the application filed by the respondent/plaintiff to summon two witnesses viz., V. Raj Kumar and Capt. P. Jacob Rao, in the interest of justice.2. Respondent/plaintiff got himself examined as P.W.I and another witness was examined as P.W.2. On behalf of the petitioners/defendants D.Ws. 1 and 2 were examined and their evidence was closed.3. It is the case of the respondent/ plaintiff that the petitioners/defendants did hot examine one V. Raj Kumar who dealt with the matter concerned to the suit. Likewise, the Surveyor of IMSACO, Capt. P. Jacob Rao, when was also present through out, at the time of salvage operations, was not examined by the petitioners/defendants. Their ...
Raasi Cement Ltd. Vs. Cit (No. 3)
Court: Andhra Pradesh
Decided on: Dec-16-2004
Reported in: [2006]156TAXMAN74(AP)
M.H.S. Ansari, J.The petitioner-assessee has questioned the order of the Commissioner of Income Tax (Central), Hyderabad, passed under section 220(2A) of the Income Tax Act, 1961 (hereinafter referred to as the Act), rejecting the waiver petition filed by the petitioner.2. Interest is payable by the assessee, if the tax, as demanded, is not paid within the specified period. Waiver of interest for the assessment year 1996-97 amounting to Rs. 4,25,69,676 charged under section 220(2) of the Act for the period from December, 1998 to March 2002, was paid by the assessee under the said sub-section.3. Under sub-section (2A) of section 220 of the Act, power has been conferred upon the Chief Commissioner or Commissioner to reduce or waive the amount of interest paid or payable by an assessee under subsection (2) of the Act, if the Commissioner is satisfied that:(i) payment of such amount (has caused or) would cause genuine hardship to the assessee;(ii) default in the payment of the amount on wh...
Raasi Cement Ltd. Vs. Commissioner of Income-tax and anr. (No. 3)
Court: Andhra Pradesh
Decided on: Dec-16-2004
Reported in: [2005]275ITR585(AP)
M.H.S. Ansari J.1. The petitioner-assessee has questioned the order of the Commissioner of Income-tax (Central), Hyderabad, passed under Section 220(2A) of the Income-tax Act, 1961 (for short 'the Act'), rejecting the waiver petition filed by the petitioner.2. Interest is payable by the assessee, if the tax, as demanded, is not paid within the specified period. Waiver of interest for the assessment year 1996-97 amounting to Rs. 4,25,69,676 charged under Section 220(2) of the Act for the period from December, 1998, to March 2002, was paid by the assessee under the said sub-section.3. Under Sub-section (2A) of Section 220 of the Act, power has been conferred upon the Chief Commissioner or Commissioner to reduce or waive the amount of interest paid or payable by an assessee under Sub-section (2) of the Act, if the Commissioner is satisfied that :(i) payment of such amount (has caused or) would cause genuine hardship to the assessee ;(ii) default in the payment of the amount on which inter...
Laxmi Medical Distributors, Rep. by Its Partners and Competent Persons ...
Court: Andhra Pradesh
Decided on: Dec-15-2004
Reported in: 2005(1)ALD(Cri)808; 2005CriLJ1601
ORDERC.Y. Somayajulu, J.1. Mr P. Venkateswarlu, Drug Inspector, Warangal, filed a complaint under Section 7 of the Essential Commodities Act, 1955 (for short 'the Act), alleging that petitioners 1 to 5 who are the partners and the 6th petitioner who is the competent person in respect of Laxmi Medical Distributors, which holds a wholesale drug licence to deal in drug formulations etc. supplied drug (Leukoplast Adhesive Tapes) to C.K.M. Government Maternity Hospital at a rate more than the rate printed thereon by scratching the price of Rs.360/- inclusive of all taxes and by pasting a price tag of Rs.910/- plus taxes and collected Rs.998=30ps i.e. Rs.638=30 more per piece, and thus violated para-18 of the Drugs (Price Control) Order, 1987 (for short 'the Order'), and hence are liable for punishment under Section 7 of the Act. The said complaint was taken cognizance of as C.C.No.6 of 1994 by the learned Sessions Judge, Warangal. This petition is filed to quash the proceedings in the said ...
Manik Halder S/O Rishikant Halder Vs. Polamraju Lavanya W/O P.L.N. Pra ...
Court: Andhra Pradesh
Decided on: Dec-15-2004
Reported in: 2005(2)ALD204; 2005(2)ALT334
ORDERS.R.K. Prasad, J.1. The tenant has preferred this revision against the judgment and decree dated 30.7.2003 in R.C.A.No.9 of 2001 on the file of the Principal Senior Civil Judge-cum-Rent Control Appellate Authority, Ongole, ordering eviction.2. The facts that are required for consideration can be stated as follows: The respondent, who is landlady, has sought eviction of the revision petitioner being the tenant from the schedule premises on two grounds, namely, wilful default in payment of rents and bona fide requirement for personal use. The same is resisted by the tenant stating that she was accepting the rents sent by money orders and he had not committed any wilful default. It is also contended by the tenant that several shops in possession of the landlady fell vacant and she did not commence any business. She does not require the premises bona fide for occupation. It is also contended that she has not disclosed the nature of business, which she proposes to commence. After enqui...
P. Murari Rao and anr. Vs. Sri Raghunath Rao Ghatge
Court: Andhra Pradesh
Decided on: Dec-15-2004
Reported in: 2005(2)ALD395
ORDERS.R.K. Prasad, J.1. Both these Civil Revision Petitions arise out of the Judgment rendered in R.A.No.32 of 1998 on the file of the Additional Chief Judge, City Small Causes Court, at Hyderabad.2. For the sake of convenience, the parties are referred to as arrayed in the R.C.No.301 of 1995 on the file of I Additional Rent Controller, at Hyderabad.3. The brief resume of admitted facts are necessary to consider the case in both the Civil Revision Petitions. It is an undisputed fact that the premises is owned by the landlord, who is the petitioner in R.C.No.301 of 1995 on the file of the I Additional Rent Controller, at Hyderabad.4. The schedule premises was said to have been let out to the first respondent on a monthly rent of Rs.165/- exclusive of the electricity charges which are directly payable by the first respondent to the Electricity Department. The schedule premises was constructed in the year 1950 and let out orally. The premises consists of three rooms, open yard, bathroom,...
P. Venkata Swamy Vs. A.P. State Road Transport Corporation and anr.
Court: Andhra Pradesh
Decided on: Dec-15-2004
Reported in: 2005(1)ALD512; 2005(2)ALT616
ORDERB. Prakash Rao, J.1. This writ petition is filed by the petitioner, inter alia, seeking a writ of mandamus declaring the action of the 2nd respondent in not communicating the result of the medical examination to him as illegal, and unjust, and direct the 2nd respondent to appoint him as a Conductor on compassionate grounds.2. The facts in brief are as follows:3. The father of the petitioner worked as a driver in the 1st respondent-Corporation. During the course of his employment, he sustained injuries as a result of an accident, which occurred on 14-6-1990 and became physically crippled. Ultimately, he was declared unfit to the post of driver as per the proceedings dated 27-6-1994. In view of the same, the petitioner's father requested the 1st respondent-Corporation that his son may be appointed on compassionate grounds. Since no orders were passed by the 1st respondent-Corporation, the petitioner's father filed W.P.No.27201 of 1995 and the same was allowed by this Court as per th...
Municipal Council, Represented by Its Commissioner Vs. Central Warehou ...
Court: Andhra Pradesh
Decided on: Dec-15-2004
Reported in: 2005(2)ALD264; 2005(2)ALT162
V.V.S. Rao, J.1. Municipal Council, Nizamabad, is the appellant. The respondent, namely, Central Warehousing Corporation, Nizamabad, instituted a suit on the file of the Court of Subordinate Judge, Nizamabad, for declaration that the property tax assessed and levied by appellant in the godowns of respondent with effect from 1.10.1984 is illegal, arbitrary and capricious and for perpetual injunction restraining the appellant from collecting property tax for the godowns with effect from 1.10.1984. By the impugned judgment dt.28.8.1992 in O.S.No. 61 of 1988, the trial Court decreed the suit as prayed for restraining the appellant from collecting the property tax from 1984 to 1992, till a proper assessment is made.2. The fact of the matter is not much in dispute. The respondent, a fully owned undertaking of Government of India, had constructed two godowns in 1983- 84. The appellant issued notice demanding an amount of Rs. 69,076.80 ps. for one godown and Rs. 31,337.30 ps. for the other god...
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