Andhra Pradesh Court August 2004 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
R. Jayalakshmamma Vs. Election Tribunal-cum-senior Civil Judge and ors ...
Court: Andhra Pradesh
Decided on: Aug-27-2004
Reported in: 2004(5)ALD525; 2004(5)ALT400
ORDERV.V.S. Rao, J.Introduction :1. These two writ petitions are filed seeking a Writ of Certiorari to quash the common order of the Election Tribunal-cum-Senior Civil Judge, Punganur, in O.P. Nos. 12 and 14 of 2001, dated 3.8.2004. Hence, both the writ petitions are being disposed of by this common order. By the impugned order, the learned Election Tribunal set aside the election of the petitioner as Zilla Parishad Territorial Constituency (ZPTC) Member of Chowdepalle Mandal and further declared, Smt. Chandravadana W/o. Venkataramana Raju (second respondent in Writ Petition No. 14181 and third respondent in Writ Petition No. 14461 of 2004), as duly elected candidate of ZPTC Member of Chowdepalle Mandal. In this common order, the parties shall be referred to by their status in Writ Petition No. 14461 of 2004.2. In consonance with Part IX of the Constitution of India, Andhra Pradesh Panchayat Raj Act, 1994 (for short, the Act) envisages three-tier Panchayat Raj system. The apex tier con...
Hotel Rajahamsa International and ors. Vs. Authorised Officer, Indian ...
Court: Andhra Pradesh
Decided on: Aug-27-2004
Reported in: 2004(5)ALD517; I(2007)BC438; [2005]128CompCas431(AP); [2005]58SCL249(AP)
ORDERV.V.S. Rao, J.1. M/s. Hotel Rajahamsa International is a proprietary concern which is running a hotel in the city of Vijayawada. The proprietor approached Indian Overseas Bank for a term loan and cash credit facility of Rs. 40,00,000/- (Rupees Forty lakhs only). The same was sanctioned and is payable, as per the loan contract in instalments @ Rs. 73,600/- (Rupees Seventy three thousand six hundred only) per month with effect from 31.1.2001 up to 2009. The proprietor created an equitable mortgage in respect of building bearing No. 27-43-8 along with land admeasuring 499.87 square yards at Governorpet, Vijayawada. Petitioner Nos.2 to 5 herein also mortgaged their property as guarantors. It is the case of the first petitioner that the instalments were paid up to December 2003, but in May 2004, the second respondent-Bank filed an application being O.A.No. 98 of 2004 before the Debts Recovery Tribunal, Visakhapatnam (DRT) for recovery of the amount by sale of the properties mortgaged t...
Advanced Radio Masts Ltd. Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Aug-27-2004
Reported in: 2004(5)ALD680; I(2005)BC279
ORDERV.V.S. Rao, J.1. The petitioner is an incorporated company, which invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking to quash or set aside the two communications dated 12.7.1999 and 30.7.1999 sent to the petitioner. By first impugned letter, the third respondent informed the petitioner that purchase order for supply of Optical Line Terminating Equipment (PDH) could not be placed for the second year. By the second letter, the petitioner was advised to send Crossed Demand Draft/Pay Order for Rs. 22,65,000/-(Rupees twenty two lakhs and sixty five thousand only) equivalent to the bank guarantee given by the petitioner when only the original bank guarantee will be returned to the petitioner. The facts and circumstances leading to filing this writ petition seeking these reliefs in brief are noticed below.2. The Department of Telecommunications (DoT), the first respondent herein issued a Notice Inviting Tender (NIT) inviting tender...
B.M. Malani Vs. Income Tax Department and ors.
Court: Andhra Pradesh
Decided on: Aug-27-2004
Reported in: 2004(6)ALD166; [2004]270ITR515(AP)
Bilal Nazki, J.1. A short question is involved in this writ petition. The petitioner is an assessee of the Income Tax Department. For the assessment years 1988-89 and 1990-91 to 1995-96 pursuant to the orders dated 2.12.1999 the 2nd respondent determined the tax at Rs. 1, 76, 80, 735/- payable by the petitioner to the department. A demand notice was issued on 11.2.2000 to the petitioner asking him to pay the tax by 12.4.2000. The demand notice contained certain mistakes and on an application filed by the petitioner, the notice was rectified by the 2nd respondent on 8.3.2002 and the tax was revised to Rs. 157.77 lakhs. The petitioner contended that he had disposed of some properties in 1998 and invested sale proceeds in a sum of Rs. 65.00 lakhs with the 3rd respondent in the units of Monthly Income Plan 1998-III under Capital Gains Scheme and had sought exemption under Section 54EA of the Income Tax Act (for short 'IT Act'). The said units were transferable after three years of deposit ...
S. Karunakar Reddy Vs. Registrar, Osmania University and ors.
Court: Andhra Pradesh
Decided on: Aug-27-2004
Reported in: 2004(6)ALD119; 2004(6)ALT479; [2005(104)FLR8]
ORDERV. Eswaraiah, J.1. The learned Counsel appearing for the petitioners in this batch of writ petitions agreed that since the common question that falls for consideration is one and the same in all of them, they may be disposed of by a common order. The petitioners have filed these writ petitions to direct the respondents to regularize their services as Lecturers in the respective colleges with all consequential benefits.2. Learned Counsel further submitted that the petitioners are entitled for regularization of their services by giving effect to the orders of the Government in G.O. Ms. No. 221 dated 20-6-1995. It is stated that the said orders were issued for regularization of the Part-Time Lecturers/ Junior Lecturers working in the Government Degree/Junior Colleges and therefore, they are also entitled for the benefits of the said orders. It is further submitted that they are fully qualified to hold the posts of Lecturers and they have been working since 1995, but the respective co...
Kumar's Metallurgical Corporation Ltd. Vs. Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Aug-27-2004
Reported in: 2004(6)ALD169; 2004(6)ALT475; [2005]139STC447(AP)
Bilal Nazki, J.1. This is a writ petition challenging the notice dated 28.5.2004 by which the petitioner has been asked to transfer the shares and issue duplicate share certificates in respect of certain defaulters. The petitioner is the Senior Manager of the petitioner-company and is carrying on business of manufacture of sponge iron at its factory in Chityal, Nalgonda District. It is submitted by him that on 24.4.2004 a notice purported to have been issued under Section 17 of the Andhra Pradesh General Sales Tax Act, 1957 (for short 'APGST Act') was served on him by the respondents. The respondents contended that certain assessees viz., Coastal Wines, Andhra Agencies, Vishal Wines, Neeraj Wines, Omprakash Agarwal & Co., Kumar Sprits Private Limited (hereinafter called 'Assessees') were in arrears of different sums on account of sales tax and therefore the petitioner was asked to pay the amounts due from such assessees. This notice has been challenged on the ground that it has been is...
Commissioner of Income-tax Vs. Smt. Nayana P. Dedhia
Court: Andhra Pradesh
Decided on: Aug-27-2004
Reported in: (2004)192CTR(AP)526; [2004]270ITR572(AP)
Bilal Nazki, J.This is an appeal by the Commissioner of Income-tax, against an order passed by the Tribunal on August 20, 2002. The questions framed by the appellant are :'1. Whether, on the facts and in the circumstances of the case, the Tribunal is correct in holding that the assessee's case falls under the instructions issued by the Department in Instruction No. 1935 dated March 12, 1996 2. Whether, on the facts and in the circumstances of the case, the Tribunal is correct in holding that the Assessing Officer ought not to have taken up the case for scrutiny ?' The relevant facts are mentioned hereinbelow :The respondent is engaged in the business of construction. She constructed a complex during the assessment years 1993-94 to 1996-97. On completion of the project in the assessment year 1996-97, the assessee, after taking into consideration the profit offered in the assessment years 1993-94 and 1994-95, offered the balance profit for taxation in the assessment year 1996-97. The Ass...
T.N. Khambati and ors. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-27-2004
Reported in: 2004(6)ALD243; 2004(6)ALT454
B. Prakash Rao, J. 1. Since these two matters arise out of common order, they are being taken up together for disposal.2. In the appeal and the revision appellants/petitioners are the plaintiffs, who seek to assail common order passed in the main suit and in I.A. No. 798 of 1998 dated 12-8-1998 on the file of the I Additional Chief Judge, City Civil Court, Hyderabad, allowing an application filed under Order 7, Rule 11(a) C.P.C. and rejecting the plaint in the suit, as has been filed by them.3. In the suit, the plaintiffs sought for the release of the suit property from attachment and custody from the Defendant Nos. 1 to 6 and to restore the same to the plaintiffs by duly re-fixing the boundaries as per the panchanama or in the alternative to deliver the land as agreed to 3rd defendant vide Memo Dated 2-2-1985; in case of any difficulty in doing so to compensate the plaintiffs by suitable adjustment and allocation of other land nearby or in such other manner as the Hon'ble Court feels ...
Satesh JaIn Oswal Vs. Singareni Collieries Co. Ltd.
Court: Andhra Pradesh
Decided on: Aug-27-2004
Reported in: 2004(6)ALD188; 2004(6)ALT594
ORDERS.R.K. Prasad, J.1. This civil revision petition is directed against the judgment, dated 25-9-2003, passed in C.M.A. No. 7 of 2002, on the file of the Senior Civil Judge, Peddapalli, whereunder, the learned Senior Civil Judge, dismissed the appeal, confirming the Order, dated 5-3-2002, in R.C.C. No. 21 of 1997 on the file of the Rent Controller-cum-Junior Civil Judge, Peddapalli.2. The petitioner herein is the tenant and the respondent herein is the landlord.3. The Tenant approached the Rent Controller-cum-Junior Civil Judge, Peddapalli, under Section 4 of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, for fixing fair rent in respect of Quarter No. 7, Sector-II, 5 Incline, Super Bazar Area, Godavarikhani.4. The respondent herein has contended that the learned Rent Controller has no jurisdiction to entertain the petition and the Andhra Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1968 only applies but not under the provisions of A.P. Buildings (Le...
Sri Ramalingeswara Swamy Deity Vs. Peteti Purushotham (Died) by Lrs. a ...
Court: Andhra Pradesh
Decided on: Aug-27-2004
Reported in: 2004(6)ALD263; 2004(6)ALT344
Bilal Nazki, J 1. Two suits being O.S. Nos. 24 and 25 of 1980 were decided by a common judgment by the Trial Court. Only one appeal has been filed against the judgment and decree in O.S. No. 24 of 1980 by the plaintiffs, whose suit was dismissed by the Trial Court.2. In the first instance, we will deal with O.S. No. 24 of 1980. The facts which lead to filing of this suit are that a deity sought recovery of possession of plaint schedule properties and also ejection of Defendant Nos. 1, 3 to 5, 7 to 10 and 12 to 17. Some of the defendants died during the pendency of the appeal and their legal representatives were brought on record by separate orders on different dates.3. The suit was filed on the ground that 'Sri Ramalingeswara Swamy' of Kopalle was a deity and the properties mentioned in the schedule, belonged to the deity. At the time of Inam settlement in 1959, these properties were in possession of one Peteti Veerabhadrudu, the then de facto manager of the deity, who was also renderi...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »