Andhra Pradesh Court November 2005 Judgments
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Saptagiri Cements Pvt. Ltd. Vs. Cestat
Court: Andhra Pradesh
Decided on: Nov-22-2005
Reported in: 2005(190)ELT435(AP)
ORDERB. Sudershan Reddy, J.1. We have heard the learned counsel for the petitioner and the learned Assistant Solicitor General and at their request, the matter is taken up for final disposal at the stage of admissions. Rule nisi. 2. The Customs, Excise and Service Tax Appellate Tribunal, vide its Stay Order No. 324-327 of 2005 dated 19-04-2005 directed the petitioner to pre-deposit a sum of Rs. 30 Lakhs within a period of four months to cover up the admitted liability by taking into consideration the financial hardship pleaded and also the amount of Rs. 10 Lakhs deposited.3. The petitioner pre-deposited Rs. 10 Lakhs after the Order dated 19-04-2005 and filed an application for modification of the stay order dated 19-04-2005 with a prayer to grant them waiver of the balance amount of Rs. 20 Lakhs. It was specifically pleaded there their factory is closed and there is no production as such and they have no means and not in a position to pre-deposit the balance amount in terms of the orde...
Mukund Lal Vs. Sharada Bai and ors.
Court: Andhra Pradesh
Decided on: Nov-22-2005
Reported in: 2006(1)ALT221
ORDERN.V. Ramana, J.1. This C.R.P. is directed against the order dated 20.9.2005, passed by the II Junior Civil Judge, City Civil Court, Hyderabad, allowing the application in I.A. No. 1530 of 2005 is O.S. No. 7739 of 2004, filed under Order XXVI Rule 9 of the Code of Civil Procedure, 1980 by respondent Nos. 1 to 3, praying to appoint an Advocate Commissioner, to note down the physical features of the construction of the plaint schedule property.2. The petitioner is defendant No. 1, respondent No. 4 is defendant No. 4, and while respondent Nos. 1 to 3 are the plaintiffs. The plaintiffs filed suit in O.S. No. 7739 of 2004 seeking declaration and mandatory injunction against defendant No. 1 inter alia contending that defendant No. 1 is making illegal construction and that defendant No. 2 is not taking any action. Defendant No. 1 contested the suit inter alia contending that he did not make any illegal construction, and that the suit itself is not maintainable against him. As defendant No...
Khader Ali Khan @ Aslam and anr. Vs. Sai Baba and anr.
Court: Andhra Pradesh
Decided on: Nov-22-2005
Reported in: 2006(1)ALT37
ORDERN.V. Ramana, J.1. This C.R.P. is directed against the order dated 24-11-2004, passed by the I Additional Rent Controller, Hyderabad, dismissing the application in I.A. No. 555 of 2004 in R.C. No. 130 of 2004, filed by the petitioners to implead them as respondent Nos. 2 and 3 in the RC.2. Heard the learned counsel for the petitioners and the learned counsel for respondent No. 1.3. The learned counsel for the petitioners submit that the petitioners are absolute owners of the property, the same having been purchased by them under registered sale deed dated 9-5-2001 from their vendors, namely Smt. Usha Kiran, Smt. Neela Devi and Smt. Umita Kiran, who were gifted the same by Smt. Shobha Devi, mother of respondent No. 1. He submitted that the vendors of the petitioners, respondent No. 1 and his mother colluded and obtained a void decree from the Court of the II Senior Civil Judge, City Civil Court, Hyderabad, in O.S. No. 657 of 1998 dated 3-9-1999 and in pursuance thereof, obtained sal...
C. Shashi Kumar Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Nov-22-2005
Reported in: 2006(1)ALD653
Bilal Nazki, A.C.J.1. The Government Memo No. 7978/M.II(1)/2004-l, dated 20.9.2004, was challenged by the appellant by way of writ petition No. 20420 of 2004. The writ petition has been dismissed. Hence, this appeal.2. We have perused the record and heard learned Counsel for the parties.3. The facts leading to filing of the writ petition and writ appeal are that one Dr. Aluri Prabhakara Rao applied for grant of mining lease. He was granted prospecting licence over an extent of eight hectors in Survey Nos.910/P, 916 and 917 of Pothakamur Village, hamlet of Batlapalem Village, Darsi Mandal, Prakasam District, for a period of two years. He was required to execute prospecting licence deed within a period of 90 days as per the provisions of the Andhra Pradesh Minor Mineral Concession Rules, 1966 (hereinafter referred to as 'the Rules'). He approached the Director of Mines and Geology, Government of Andhra Pradesh, Hyderabad for extension of time for execution of prospecting licence deed. Th...
In Re: Spartek Ceramics India Ltd. Rep. by Its Group Deputy General Ma ...
Court: Andhra Pradesh
Decided on: Nov-22-2005
Reported in: 2006(1)ALT589; [2007]7SCL548(AP)
T. Ch. Surya Rao, J.1. The petitioner company seeks sanction of the scheme of arrangement under Sections 391 and 394 of the Companies Act.2. M/s. Spartek Ceramices India Limited, the petitioner company was incorporated on 09-03-1983 with its Registered Office at Mittapalem in Chittoor District, with the object of carrying on the business of ceramic and stoneware glazed and unglazed tiles; ceramic electronic components and powerline insulators, spark plug and industrial ceramic components; and to deal in frits and glazes, colour stains, chinaware and glassware articles of industrial and domestic application. The authorized, issued, subscribed and paid up share capital of the company as on 31-03-2003 was Rs. 17,30,11,100/-. The audited balance sheet of the company as on 31 -03-2003 has been annexed to the petition. The company is also a registered company having its stock listed in three stock exchanges at Mumbai, Madras and Hyderabad. For the purpose of its business, the petitioner comp...
Deepika Constructions Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Nov-22-2005
Reported in: 2006(2)ALD187; 2006(2)ALT272; 2006(1)CTLJ290(AP)
ORDERG. Rohini, J.1. These two writ petitions which are based on the same set of facts involving common questions of law for consideration are heard together and decided by this common order.2. The 3rd respondent - The Chief Engineer (I&CAD;) Department, S.R.S.P. Stage-II, K.C. Camp, Warangal issued Tender Notice No. 42/2003-04, dated 24-11-2003 inviting tenders for earth work excavation and forming embankment of Kakatiya Main Canal from Km 317.00 to Km 318.00 including construction of structures.3. In pursuance thereof, the petitioner in W.P. No. 5056 of 2005 submitted its tender and the same was found to be the lowest. Consequently, the petitioner-firm was awarded the work and an agreement dated 23-2-2004 was executed by the fourth respondent. As per the said agreement, the work awarded was to be completed within 12 months from the date of the agreement. It is relevant to note that as per the rates specified in Schedule-A to the agreement, the rate for excavation of canal cutting in ...
Dr. B. Kaladhar and ors. Vs. Government of A.P., Health, Medical and F ...
Court: Andhra Pradesh
Decided on: Nov-21-2005
Reported in: 2006(1)ALD1; 2005(6)ALT723
L. Narasimha Reddy, J.1. While most of the principles relating to Hindu Law were decided in the cases which arose under the Income Tax Act, those relating to reservation of seats in educational institutions fall for consideration mostly in cases involving admission into post-graduate and under-graduate medical courses. With new categories of reservation being added year after year, to the existing ones, the matter is yet to reach finality. In the State of Andhra Pradesh, in addition to providing reservations under Article 15(4) of the Constitution of India, those in favour of physically handicapped candidates, service candidates and women, the State is under obligation to ensure reservation as per the orders issued in exercise of power under Article 371-D of the Constitution of India, in favour of local candidates. Working out these reservations, some vertical, some horizontal, and yet others, in a way, diagonal, naturally poses the problems, inherent in it. The importance and primacy ...
Mohd. Mustafa Ahmed Alvi and ors. Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Nov-21-2005
Reported in: 2006(1)ALD749; [2007]137CompCas815(AP); [2006]68SCL462(AP)
ORDERB. Seshasayana Reddy, J.1. This writ petition has been filed by the petitioners, who are five in number, with a prayer to call for the file of Union of India represented by the Secretary to Government, Department of Revenue, Ministry of Finance and Company Affairs, New Delhi-1st respondent in SO 308(E), dated 20.3.2003 and the consequential proceedings issued by the Commissioner of Customs, Custom House, Chennai-3rd respondent in File Nos.T-4/3-M/95/SCN(1), T-4/3-M/95-SCN-II, T-4/4-M/95-SCN-1, and T-4/4-M/95-SCN-II/Comr/Exp/Enf/15/ 2003 dated 20-8-2004 and declare the same to be illegal, arbitrary and without jurisdiction.2. The Director of Directorate of Enforcement, New Delhi-2nd respondent registered cases against the petitioners for contravention of Sections 9(1)(a), 9(1)(b), 9(1)(d), 9(3) and 64(2) of Foreign Exchange Regulation Act, 1973 (hereinafter called as FERA). Show-cause notices to the petitioners were issued on 22.2.1995 followed by call notices on various dates and ...
Gurazala Siva Prasad and ors. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Nov-21-2005
Reported in: 2006(3)ALD11; 2006(3)ALT384
ORDERG. Rohini, J.1. These two writ petitions are filed seeking a declaration that the action of the 1st respondent in issuing G.O. Rt. No. 510, Irrigation and Command Area Development (General. IV) Department, dated 24-4-2005 thereby staying the elections to the two Water Users Associations namely Kommuru-2 Water Users Association and Kakumanu-186 Water Users Association along with six other associations purportedly in exercise of the powers conferred under Section 4(5) of the A.P. Farmers Management of Irrigation Systems Act, 1997 (for short, 'the Act') and subsequently in issuing G.O. Rt. No. 1039, Irrigation and Command Area Development (General. IV) Department, dated 8-7-2005 whereunder earlier order of stay was vacated and the District Collector was requested to conduct elections during the month of December, 2005 along with other Water Users Associations as arbitrary and illegal.2. Since common questions of fact and law are involved, these two writ petitions are heard together a...
Nagineni Venkata Subba Naidu Vs. Sub-registrar, Stamps and Registratio ...
Court: Andhra Pradesh
Decided on: Nov-18-2005
Reported in: 2006(1)ALD679
ORDERC.Y. Somayajulu, J.1. No representation on behalf of the petitioner.2. Perused the record.3. The case of the petitioner is that he having filed a suit for specific performance of agreement of sale dated 4-6-1978 in his favour in respect of the land in S.No. 99/5 of Akkarampalli Village executed by Bayyala Sri Ramulu obtained a decree for specific performance and after the appeal preferred by the defendant was dismissed filed a petition for execution and deposited the balance sale consideration due and payable under the agreement and sought for execution of the sale deed and so the Court after executing the sale deed on behalf of the defendant sent it for registration but the Sub-Registrar (1st respondent) refused to receive the same on the ground that he has instructions from the revenue officials not to register the documents in respect of land in S.No. 99/5, action of the 1st respondent in refusing to register the document on the basis of the instructions of the revenue official...
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