Andhra Pradesh Court September 2004 Judgments

S. Askari Hussaini and ors. Vs. Mir Asad Ali Khan and ors.

Court: Andhra Pradesh

Reported in: 2004(6)ALD514; 2004(6)ALT676

D.S.R. Varma, J.1. These two appeals arise out of a common judgment, dated 11-2-1998, in O.S. No. 25 of 1991, passed by the First Additional Senior Civil Judge, Ranga Reddy at Saroornagar, Hyderabad. 2. The appellants in A.S. No. 1025 of 1999 are the plaintiffs while the appellants in A.S. No. 1433 of 1998 are the defendants in O.S. No. 25 of 1991.3. For the sake of convenience, the parties will be referred to as arrayed in the suit.4. The suit was filed for declaration that the plaintiffs are the pattedars and owners of the suit lands and for recording the names of the plaintiffs as owners and pattadars of the suit lands, after deleting the names of the defendants, in the village pahanies and other Revenue Records, Pending trial of the suit, the Plaintiff No. 1 died and as such his legal representatives were brought on record as Plaintiffs Nos.3 to 6.5. Earlier, the plaintiffs filed O.S. No. 62 of 1972 for declaration of title and possession, which was dismissed by the Trial Court. Bu...

Sri Vishnupriya Industries Ltd. (In Liqn.), Rep. by Official Liquidato ...

Court: Andhra Pradesh

Reported in: 2005(1)ALT470; 2005(184)ELT227(AP); [2005]60SCL311(AP)

ORDERN.V. Ramana, J.1. The Official Liquidator, representing M/s. Sri Vishnupriya Industries Limited, the company in liquidation, has filed this application Under Section 468 of the Companies Act, 1956 (hereinafter referred to as 'the Companies Act') read with Rules 9 and 11 (b) of the Companies (Court) Rules, 1959 (hereinafter referred to as 'the Rules') praying the Court to direct respondent No. 1, namely the Superintendent of Central Excise and Customs, Kurnool, to handover possession of the assets seized lying at CMR Complex, Vishnupriya Nagar, Opp: Railway Station, Panyam, Kurnool District to him, under proper inventory, in the presence of the secured creditors.BRIEF FACTS OF THE CASE:2. This Court by order dated 1-12-2003, while ordering winding up of the applicant-company, appointed the Official Liquidator attached to this Court as Liquidator and directed him to take possession of the assets of the company. In pursuance of the said order, on 11-2-2004, the Official Liquidator de...

Oil and Natural Gas Corpn. Ltd. Vs. Government of Andhra Pradesh and o ...

Court: Andhra Pradesh

Reported in: (2008)11VST903(AP)

ORDERBilal Nazki, J.1. The main question to be resolved in these writ petitions is, whether the oil well cement class 'G' (HSR type) is cement so as to attract liability of tax under the Andhra Pradesh Tax on Entry of Goods into Local Areas Act, 2001 (hereinafter referred to as 'the Act'). Facts are taken from W. P. No. 2316 of 2004.Writ Petition No. 2316 of 2004.2. The contention of the petitioner is that the petitioner-corporation operates in Krishna-Godavari basin in East, West and Krishna Districts of Andhra Pradesh. It is a Central Government Company engaged in exploration and production of oil and natural gas. For the purpose of drilling oil wells, different types of mud chemicals are required to be used and one of the chemicals used is called 'oil well cement class 'G' (HSR type)'. Though the word 'cement' is used as part of the name of this chemical, it has no connection or similarity whatsoever with the ordinary cement, which is used in constructions. The oil well cement is no...

Onaway Engineering Private Ltd. Vs. State of A.P.

Court: Andhra Pradesh

Reported in: [2006]146STC634(AP)

ORDERBilal Nazki, J.1. This is a revision filed against an order of the Sales Tax Appellate Tribunal, Hyderabad, dismissing the appeal filed by The petitioner.2. The petitioner operated a crane in the years 1985-86 for rendering services to Hindustan Shipyard Limited (HSL). He entered into an agreement with HSL on September 11, 1985. He was to be paid Rs. 4,35,000 per month which was inclusive of fuel, lubricants, operation and maintenance of cranes at the HSL. During the year 1985-86 the petitioner received Rs. 47,85,000 towards charges for operating the crane. Of this amount, Rs. 39,15,000 represents the receipts after July 1, 1985. The C.T.O., Gajuwaka, assessed the petitioner on the basis of the said receipts Under Section 5-E of the Andhra Pradesh General Sales Tax Act, 1957 which provides for levy of tax on the amounts received in respect of transfer of right to use goods which is a deemed sale. Aggrieved by this assessment order, the petitioner filed an appeal before the Appella...

Ramakrishna Auto Colour Lab and Another Vs. Aver Photoprint System

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

I. Venkatanarayana, President: 1. The first complainant is a partnership firm represented by its partner Mrs. P. Nagamani and second complainant is Mr. P. Ramakrishna, second partner. The first complainant is an unemployed and the second complainant is having vast knowledge and experience in photography and both of them happened to be wife and husband. They approached A.P. State Finance Corporation (hereinafter referred to as APSFC) in the year 1991 for setting up of an Automatic Film Processing (Colour) Unit at Tanuku in the name and style of first complainant. APSFC approved the project of the complainant through their branch at Eluru, West Godavari District and indicated that the complainant can get the machinery required by them through their panel suppliers i.e., opposite party herein. The complainants approached the opposite party at Bombay for supply of the required machinery for setting up of a film processing unit. The opposite party impressed upon the complainant that their f...

Setti Siddamma Vs. S. Ramulu

Court: Andhra Pradesh

Reported in: 2004(5)ALD665; 2004(6)ALT418

ORDERL. Narasimha Reddy, J. 1. This civil revision petition is filed by the plaintiff in O.S. No. 42 of 1999 on the file of Senior Civil Judge, Narayanpet, aggrieved by the order dated 30.07.2004 in C.F.R. No. 557 of 2004.2. Petitioner filed the suit for declaration of title and perpetual injunction in respect of the suit schedule property. Respondents filed their written statement. They could not file certain documents along with the written statement. Therefore, they filed I.A. No. 27 of 2004 under Order VIII Rule 1(3) C.P.C. to receive the documents. The trial Court ordered the same and received the documents. The petitioner filed a revision before this Court challenging the same, and the revision was dismissed. 3. The evidence on behalf of the petitioner was closed. On behalf of the respondents, an affidavit in lieu of chief-examination was filed. In that, reference was made to various documents that were received by the trial Court through its order dated 19.02.2004 in I.A. No. 27...

The New India Assurance Company Ltd., Represented by Its Divisional Ma ...

Court: Andhra Pradesh

Reported in: II(2005)ACC205; 2006ACJ757; 2004(6)ALT385

Dharma Rao Elipe, J. 1. The New India Assurance Company Limited is the appellant filed this appeal, aggrieved by the compensation awarded by the Tribunal, for an amount of Rs.1,00,000/-, which was claimed by the first respondent-claimantr herein towards the injuries and fractures sustained by him in the motor vehicle accident occurred on 07-08-1999, when he was returning to Nizamabad from Bhainsa in a jeep bearing No.MH-26-C-996. At about 5.30 p.m. when the jeep reached in the limits of Degaon village at the same time, the driver of jeep drove the jeep with a high speed in a rash and negligent manner and dashed against a tractor, due to which the claimant sustained fracture to his right hand and also sustained multiple and grievous injuries on other parts of the body. Immediately the petitioner-claimant was shifted to the Nursing Home of Dr. Bhoopathi Reddy, thereafter he took treatment under two private doctors, and spent huge amount towards medicines and for extra nourishment. Prior ...

Ammanabrolu Srinivasulu Reddy Vs. Yeturu Bhakthavatsala Reddy and anr.

Court: Andhra Pradesh

Reported in: 2004(5)ALD433; 2004(6)ALT445

ORDERB. Seshasayana Reddy, J.1. Aggrieved by the order-dated 5.5.2004 passed in C.M.A. No.11 of 2003 on the file of III Additional District and Sessions Judge (FTC), Nellore, the defendant has filed this Civil Revision Petition.2. Scenario of the case, in brief, giving rise to filing of this Civil Revision Petition by the defendant is as follows:The petitioner is the 1st defendant, and the 1st respondent is the plaintiff in O.S. No.25 of 1982 on the file of Senior Civil Judge, Kovvur. One Mogili Venkataseshaiah is the second defendant in the said suit. The plaintiff filed the suit for permanent injunction restraining the defendants and their men not to interfere with the peaceful possession and enjoyment of the suit schedule mentioned land or to cut and carry away the crop raised by him therein. The suit schedule lands are:-Survey No. 793 admeasure Ac.3-94 cents and Survey No. 791/A admeasuring Ac.4-02 cents. It is averred in the plaint that he took the lands on lease under a lease dee...

M. Yadagiri Reddy @ M. Yadi Reddy Vs. K. Rama and anr.

Court: Andhra Pradesh

Reported in: III(2005)ACC316; 2005(2)ALT459

R. Subhash Reddy, J.1. This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Award of the Motor Accidents Claims Tribunal-cum-III Additional Chief Judge, City Civil Court, Hyderabad, passed in O.P.No. 1217 of 1997.2. The said claim petition was filed by the claimant, claiming compensation of Rs. 4,00,000/- on account of injuries and disability suffered by him, in a motor vehicle accident, which took place on 14-7-1997. As averred in the claim petition, it was the case of the claimant that when he was proceeding on two-wheeler scooter bearing No. ABM 1085, from Hyderabad to Anajipur on National Highway No. 9, a Maruthi car, bearing No. AP-9J-80, was driven by its driver in rash and negligent manner, and dashed against him. It was the case of the claimant that in the said accident, he has suffered grievous injuries including fractures to his right leg, apart from other injuries on face and to hands. In the claim petition, it was also stat...

Rajoli FakruddIn Vs. Maryam Bee and anr.

Court: Andhra Pradesh

Reported in: 2005(2)ALD859

T. Meena Kumari, J 1. The appeal is directed against the judgment and decree dated 17-4-1995 in O.S. No.5 of 1993 passed by the learned Subordinate Judge, Gadwal.2. First defendant is the appellant and the second defendant is the second respondent and the plaintiff is the first respondent herein. The parties will be referred to as they were arrayed before the Court below for the sake of convenience.3. Plaintiff filed the suit for rendition of accounts, declaring that the plaint schedule properties are acquired out of the profits of Khaji Traders and assets of Sri Khaji Abdul Khader Saheb, for partition and separate possession by metes and bounds of the Plaint 'A', 'B', 'C' and 'D' schedule properties between the plaintiff and 2nd defendant in equal shares and for mesne profits and correction of pahanies.4. The case of the plaintiff is that the plaintiff and the 2nd defendant are daughters of late Khaji Abdul Khader Saheb. Late Khaji Abdul Khader Saheb brought up first defendant and ent...