Andhra Pradesh Court November 2005 Judgments
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Chappidi Subbareddy (Died) and ors. Vs. Chappidi Narapureddy and ors.
Court: Andhra Pradesh
Decided on: Nov-29-2005
Reported in: 2006(3)ALD516
D.S.R. Varma, J.1. Heard both sides.2. In these two revisions, this Court is called upon to answer the doubt expressed by the learned Single Judge as regards the applicability of Section 52 of the Transfer of Property Act, 1882, or Order 1 Rule 10(2) C.P.C. to all suits irrespective of the nature of the suits or whether they are to be confined to certain types of suits. The learned Judge referred the matter in the light of the views expressed by the Apex Court in Khemchand Shanker Choudhary v. Vishnu Hari Patil : [1983]1SCR898 in Sarvinder Singh v. Dalip Singh : (1996)5SCC539 , and also the view expressed by a learned Single Judge of this Court in Kuna Ramulu v. Kuna Annapurnamma 2002 (3) LS 251.3. The learned Referring Judge, it appears, having felt that there is some divergence between the views expressed by the apex Court in Khemchand Shanker Choudhary's case (supra), on the one hand, and Sarvinder Singh's case (supra), which was relied on by a learned Single Judge of this Court (T....
S. Muralikrishna Vs. Bharat Sanchar Nigam Ltd. and ors.
Court: Andhra Pradesh
Decided on: Nov-29-2005
Reported in: 2006(3)ALD290
L. Narasimha Reddy, J.1. The father of the petitioner by name, Laxmanna, was appointed as a Line Inspector in the Bharat Sanchar Nigam Limited (for short 'B.S.N.L'). He died in a road accident on 4-4-2001. The petitioner passed S.S.C. examination as a private candidate, in June 2002. He submitted an application to the respondents to appoint him on compassionate grounds, on account of the death of his father, while in service. Through his proceedings dated 10-2-2005, the Assistant General Manager (Administration), of B.S.N.L., Hyderabad, informed the petitioner that the High Power Committee, that met on 7-1-2005, examined the case of the petitioner and decided to reject it, on the ground that the family is not in a distressed condition. The petitioner challenges the same.2. Petitioner contends that his mother is an illiterate; he married a Schedule Caste woman, and that the family does not have any sources of income. He alleges that the Field Inspection Report submitted to the responden...
Sujana Metal Products Limited Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-29-2005
Reported in: (2008)11VST485(AP)
ORDER1. The petitioners-companies are engaged in the manufacturing and also in trading of iron and steel. They are the assessees on the file of the second respondent herein. For the assessment year 2002-03, the petitioners filed A2 returns reporting the gross and net turnovers claiming exemption on a turnover of specified amounts as second sales. Their business premises was inspected by the second respondent on November 1, 2002 and on verification of the records, a show cause notice dated March 3, 2003 was issued proposing to disallow exemption on the second sales turnover of Rs. 76.50 crores in W. P. No. 17663 of 2005 and of Rs. 115.52 crores in W. P. No. 17664 of 2005. The petitioners submitted their detailed replies on May 18, 2003 and May 19, 2003 and the second respondent having considered the replies submitted by the petitioners, passed the impugned provisional orders of assessment dated August 6, 2003. The second respondent determined the tax liability of the petitioner in W.P. ...
Orient Cement Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Nov-29-2005
Reported in: [2006]147STC133(AP)
S. Ananda Reddy, J.1. These tax revision cases as well as the writ petitions are filed by the dealers aggrieved by the orders of the Sales Tax Appellate Tribunal (hereafter referred to as 'the Tribunal') as well as the subsequent assessment orders where a common issue arises for consideration of this Court.2. All the petitioners herein are the dealers under the provisions of the Andhra Pradesh General Sales Tax Act, 1957 (for brevity, 'the APGST Act') as well as under the Central Sales Tax Act, 1956 (for brevity, 'the CST Act') and are the manufacturers having established their manufacturing units in the State of Andhra Pradesh. In the assessments, all the dealers claimed the benefit of sales tax deferment with reference to the additional turnover in terms of quantity. The claim of the dealers was rejected by the lower authorities, therefore, they preferred appeals before the Tribunal. Before the Tribunal also, the dealers have advanced the contention that the benefit of deferment of s...
V. Prasanthi Vs. State Bank of India and ors.
Court: Andhra Pradesh
Decided on: Nov-28-2005
Reported in: 2006(1)ALD442
ORDERL. Narasimha Reddy, J.1. The father of the petitioner was employed as Special Assistant in the State Bank of India. Pleading that he is suffering from acute mental depression, he sought for retirement on medical grounds. On the basis of the assessment made by the Medical Board, he was invalidated from service with effect from 7-3-2001.2. Petitioner states that the respondents have evolved a Scheme for providing employment to dependents of retired employees on compassionate grounds. She submitted an application for this purpose on 5-5-2001, for extending such a relief. The respondents rejected the same through their letter dated 30-12-2002. The petitioner challenges the action of the respondents in not providing her employment on compassionate grounds.3. Petitioner contends that the reason stated by the respondents for rejection of her claim was untenable and contrary to the law laid down by this Court and the Supreme Court. She urges that the retirement benefits extended to her fa...
Mohammed Zaheer Ahmed and anr. Vs. Syed Shah ShujauddIn Quadri and ors ...
Court: Andhra Pradesh
Decided on: Nov-28-2005
Reported in: 2006(2)ALD111
ORDERN.V. Ramana, J.1. This C.R.P. is directed against the judgment dated 9-8-2005, passed by the Chief Judge, City Small Causes Court, Hyderabad, dismissing the appeal in R.A. No.299 of 2001, confirming the order dated 6-6-2001, passed by the IV Additional Rent Controller, Hyderabad, allowing R.C.No.718 of 1991, filed by the landlords seeking eviction of the tenants.2. Heard the learned Counsel for the petitioners-tenants and the learned Counsel for the respondents-landlords.3. The learned Counsel for the petitioners-tenants submitted that the respondents-landlords are not the owners of the property which they are in possession and it belongs to the wakf, and though the petitioners-tenants raised the question of jurisdiction of the Court to decide disputes in relation to disputes arising out of the properties belonging to the wakf at the earliest point of time, the Court below committed an error in holding that it was raised at a belated stage. In support of his submission that in rel...
Sumo Foods Private Limited Vs. Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Nov-28-2005
Reported in: (2007)7VST774(AP)
ORDERB. 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 writ of certiorari and to call for the records relating to the penalty order of the Commercial Tax Officer-respondent in Rc. No. SAR/ 02/3/2883/2004-2005 (Penalty), dated October 27, 2005, and quash the same.2. The petitioner is a company registered under the Companies Act, 1956. It is a dealer carrying on business in manufacture of biscuits. There is no controversy that the petitioner has been declared as eligible for incentives under G. O. Ms. No. 108, Industries and Commerce Department, dated May 20, 1996, and accordingly it was extended tax holiday benefit subject to a maximum of Rs. 1,85,81,670 which could be availed for a period of seven years from the date of commencement of commercial production.3. The petitioner claims to be engaged in sale of its own brand product (biscuits) apart from undertaking job-work for ...
Mrs. Najma HussaIn and ors. Vs. Smt. Manjari JaIn and anr.
Court: Andhra Pradesh
Decided on: Nov-25-2005
Reported in: 2006(1)ALD423; 2006(1)ALT66; 2006(4)ARBLR65(AP)
ORDERD.S.R. Varma, J.1. Heard both sides.2. All the abovementioned Civil Revision Petitions are directed against the orders, dated 7-2-2005, passed by the VI11 Additional Senior Civil Judge (Fast Track Court), City Civil Court, Hyderabad, in I.A. Nos. 58 of 2005, 61 of 2005, 62 of 2005, 59 of 2005 and 60 of 2005 in O.S. Nos. 631 of 2001, 634 of 2001, 632 of 2001, 630 of 2001 and 629 of 2001, respectively.3. Since all the Civil Revision Petitions are inter-related and a common question of law is involved, they are being disposed of by this common order.4. The petitioners are the plaintiffs and the respondents are the defendants in the suits.5. For the sake of convenience, in this common order, the parties will be referred to as per their array in the suits.6. The facts, which are not in dispute, are that the plaintiffs filed the suits of 2001,634 of 2001, 632 of 2001 and 630 of 2001 for recovery of a sum of Rs. 2,35,000/-each and the suit O.S. No. 629 of 2001 for recovery of a sum of Rs...
Chairperson and Managing Director, A.P. Transmission Corporation Ltd. ...
Court: Andhra Pradesh
Decided on: Nov-25-2005
Reported in: 2006(1)ALD638; 2006(1)ALT33; [2006(109)FLR70]
P. Lakshmana Reddy, J. 1. This appeal is filed against the orders of single Judge dated 14-3-2005 passed in W.P. No. 4622 of 2005 on the file of this Court.2. The relevant facts in brief are as follows:The respondent herein V. Sreenivasulu, Assistant Engineer in Operation in A.P. Southern Power Distribution Company Limited (for short 'APSPDCL'), Rural Section, Kadapa filed Writ Petition impleading the present appellants viz. the Chairperson & Managing Director, A.P. Transmission Corporation Limited, the Chairperson & Managing Director, APSPDCL, Tirupathi and the Superintending Engineer (Operation Circle), APSPDCL, Kadapa as respondents 1 to 3. The case of the respondent-writ petitioner is that he was selected as Sub-Engineer on 10-8-1992 and he worked in that capacity upto 31-8-1995 and thereafter he was posted as Sub-Engineer against the post of AE/Assistant Additional Engineer/ Maintenance at 132-KSS Rayachoti and he joined there and discharged duties of the post of Assistant Additio...
Branch Manager, State Bank of India, Commercial Branch and anr. Vs. Ch ...
Court: Andhra Pradesh
Decided on: Nov-25-2005
Reported in: 2006(1)ALD798; 2006(1)ALT20; III(2007)BC35; [2006]68SCL532(AP)
D.S.R. Varma, J.1. Heard both sides.2. The Order, dated 16th November 2004, passed by the II Additional District Judge (Fast Track Court), Ongole, in I.A. No. 2282 of 2003 in O.S. No. 40 of 2003, filed under Order 39, Rules 1 and 2 C.P.C., is being assailed in this appeal.3. Defendants 5 and 6 in the suit, who are respondents in the I.A., are the appellants herein.4. For convenience sake, in this judgment, parties will be referred to according to their array in the suit.5. Plaintiffs filed the suit for partition of suit schedule property into 16 shares and to put them in separate possession of five such divided shares and also for mesne profits, as against defendants 1 to 4. It appears, plaintiffs also filed the present I.A. No. 2282 of 2003 under Order 39, Rules 1 and 2 C.P.C. seeking temporary injunction against defendants 5 and 6 restraining them from proceeding in any manner with their 5/16th share in the suit schedule property pending disposal of the suit.6. According to the plain...
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