Andhra Pradesh Court March 2006 Judgments
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New India Assurance Company Limited Vs. G. Sailaja and ors.
Court: Andhra Pradesh
Decided on: Mar-07-2006
Reported in: II(2007)ACC260; 2007ACJ2098; 2006(5)ALD803
L. Narasimha Reddy, J.1. This C.M.A., is filed by the New India Assurance Company Limited, against the award dated 21-10-2005, passed by the XXIII Additional Chief Judge-cum-Motor Accidents Claims Tribunal, City Civil Court, Hyderabad, in O.P. No. 616 of 2002.2. The respondents 1 to 4 (for short 'the respondents') filed the O.P., alleging that Sri Dayanad, husband of the 1st respondent, and father of respondents 2 and 3, was travelling, on 13-1-2002, in an Ambassador Car, bearing No. AIS-8686, from Hyderabad to Devasoogur, and when it reached the outskirts of Maganur Village, a Bajaj Tempo bearing No. AP9U-4071 came in a rash and negligent manner, in the opposite direction and collided with the Ambassador Car. Dayanand is said to have died on the spot, due to fatal injuries, and other persons travelling in the Car sustained injuries, and in fact, one of them died at a later point of time.3. The respondents pleaded that late Dayanand was employed as a U.D.C. in A.P. TRANSCO and was earn...
Vensa Biotek Ltd. Vs. Commissioner of Commercial Taxes
Court: Andhra Pradesh
Decided on: Mar-07-2006
Reported in: (2007)5VST388(AP)
Bilal Nazki, J.1. Heard learned Counsel for the parties.2. These matters raise same questions of fact and law. Therefore, they are being disposed of together.3. The main question that is raised in all these petitions is that when an appeal was pending before the State Sales Tax Tribunal, whether the sales tax authorities could exercise the power of revision?4. It is contended by the learned Senior Counsel appearing for the petitioners that this question is not res integra and has already been decided by a Full Bench of this Court in Indo National Limited v. Commissioner of Commercial Taxes, Hyderabad [2004] 136 STC 586 : [2001] 33 AP STJ 206. The Full Bench was interpreting Section 20(2-A) of the Andhra Pradesh General Sales Tax Act, 1957 (for brevity 'the Act') and it held that:There cannot be any dispute that in the hierarchy of authorities provided for under the Act, the Appellate Tribunal is superior to the Commissioner of the Commercial Taxes. Irrespective of the fact that as to w...
Prisma Home Appliances P. Ltd. (In Liquidation) Vs. Indian Bank
Court: Andhra Pradesh
Decided on: Mar-07-2006
Reported in: [2008]145CompCas702(AP)
S. Ananda Reddy, J.1. This is an application filed by the official liquidator on behalf of the company under liquidation seeking to declare that the action of the respondent-recovery officer of the creditor-bank in effecting the sale of the assets of the company under liquidation without any notice and without obtaining permission of the company court, as the company in question was ordered to be wound up by an order dated July 13, 1999, made in Company Petition No. 81 of 1996, as void and contrary to the statutory provisions as well as the decision of the Supreme Court in Rajasthan Financial Corporation v. Official Liquidator : AIR2006SC755 .2. It is the case of the official liquidator that the company is ordered to be wound up as early as on July 13, 1999. As a result of the order of winding up, the assets of the company under liquidation would vest in the company court and the official liquidator. But, however, the respondent-bank filed O.A. No. 1447 of 1999 before the Debts Recover...
Dadisetti Pandavulu Vs. Mandal Revenue Officer and ors.
Court: Andhra Pradesh
Decided on: Mar-06-2006
Reported in: 2006(3)ALD355
ORDERL. Narasimha Reddy, J. 1. The petitioners own agricultural land in Indukuru Village of Devipatnam Mandal, East Godavari District, in various survey numbers. The village is within the scheduled area. It is stated that the land was originally owned by Smt. Badireddi Parvathamma, and she mortgaged it, in the year 1916, to one Smt. Kudapa Lakshmamma.2. Kudapa Laxmamma filed O.S. No. 53 of 1923, before the Special Assistant Agent, Reddypolavaram, for redemption of the mortgage, and in pursuance of a decree passed therein, the suit land was put to auction by the Agency Court, in the year 1923. One Sri Nagulapati Venkata Subba Rao, a non-tribal, purchased the said land. The predecessors in title, of the petitioners herein, purchased different extents of land from Venkata Subba Rao.3. The land in question was part of an estate, which stood abolished, under the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short 'the Act'). A special set of re...
Sarada Engineering Co. Vs. M.A. Sattar and anr.
Court: Andhra Pradesh
Decided on: Mar-06-2006
Reported in: 2006(3)ALD447; 2006(5)ALT248
ORDERRamesh Ranganathan, J.1. In the present writ petition, the order of the Labour Court-III, Hyderabad, in I.A. No. 210 of 1994 in I.D.No. 156 of 1993, is sought to be quashed and a consequential direction is sought to set aside the ex parte award passed on 20-10-1993 in I.D. No. 156 of 1993.2. Brief facts, to the extent necessary, are that the first respondent herein filed I.D. No. 156 of 1993 on the file of the Labour Court-III, Hyderabad, contending that his termination amounted to victimization and was an unfair practice. The respondent-workman alleged that no enquiry was held and that his services were terminated without following rules and regulations. The petitioner herein, filed its counter, and contended that the first respondent was a habitual absentee, that a show-cause notice dated 21-1-1988 was issued, wherein the period of absence and the leave availed by the first respondent were specified and that the first respondent submitted his explanation thereto on 24-2-1988, gi...
Seepally Thirupathi and ors. Vs. Repelli Mallikarjun and anr.
Court: Andhra Pradesh
Decided on: Mar-06-2006
Reported in: 2006(3)ALD635
ORDERP.S. Narayana, J.1. This Court ordered Notice Before Admission.2. Sri D. Seshadri Naidu, learned Counsel entered appearance representing respondents.3. Sri T. Jagadish, the learned Counsel representing Sri V. Mehar Sreenivasarao, the learned Counsel for revision petitioners-plaintiffs made the following submissions:The learned Counsel for the revision petitioners had placed the report of the Commissioner before this Court and would contend that the point from which, the measurements to be taken, in fact, had not been properly fixed and the procedure to be followed under the Andhra Pradesh Survey and Boundaries Act also had not been followed. The learned Counsel in all fairness would submit that it is no doubt a lapse on the part of the petitioners-plaintiffs in not raising objections to the report of the Commissioner, but, however, this application filed under peculiar circumstances may have to be considered on a different footing, for the reason that what is being prayed for is t...
A.V. Education Society Vs. Municipal Corporation of Hyderabad and anr.
Court: Andhra Pradesh
Decided on: Mar-06-2006
Reported in: 2006(3)ALD657
Bilal Nazki, J. 1. Heard learned Counsel for the parties.2. The writ petition has been filed, challenging the demand notices with respect to Property Tax under the Hyderabad Municipal Corporations Act, 1955 (hereinafter referred to as 'the Act').3. The only ground agitated before us is that the educational institutions being run by the petitioner-society, are exempt from tax in terms of G.O. Ms. No. 468 (MA), dated 31-7-1993. The learned Counsel for respondents submits that thisG.O. would not apply to the petitioner in view of the clear mandate of Section 202 of the Act. The relevant provision relating to exemptions and pertinent for the purpose of present controversy is Section 202(bb), which is being reproduced herein below :202(bb) :-Educational institutions upto 10th class, the buildings, of which are donated by charitable institutions or philanthropists, or which are depending on the grant-in-aid by the Government for the maintenance and such other educational institutions which a...
Chancharapu Madhusudhan Reddy Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Mar-06-2006
Reported in: 2006CriLJ2978
ORDERRamesh Ranganathan, J.1. The petitioner seeks to have the proceedings in C.C. No. 552 of 2000 on the file of the IV Additional Munsjf Magistrate, Warangal, quashed. 2. The petitioner is the father-in-law of the second respondent and is the accused in C.C. No. 552 of 2000. The allegations in the charge-sheet are that the marriage of the second respondent was performed with one Ch. Rajashekar Reddy, the son of the petitioner, on 20-12-1989 at Karimnagar and at the time of marriage, the parents of the second respondent had presented Rs. 1,00,000/- in cash and gold ornaments weighing 20 1/2 tulas. After the marriage, the second respondent joined her husband and they were blessed with one daughter. On 30-11-1997, the second respondent's husband died due to Liver Lymphoma. The second respondent's parents, after the death of her husband on 14-12-1997, 4-7-1998 and 30-7-1998, demanded the accused to return the gold ornaments and cash, which was given by them at the time of marriage, but t...
Mamidi Sai Reddy and ors. Vs. M. Shiva Reddy and ors.
Court: Andhra Pradesh
Decided on: Mar-06-2006
Reported in: 2006(6)ALD28
P.S. Narayana, J.1. The unsuccessful plaintiffs in O.S. No. 433 of 1989 on the file of II Additional Senior Civil Judge, Ranga Reddy at Saroornagar, Hyderabad had preferred this appeal. The appellants-plaintiffs filed suit for partition and separate possession of their 1/3rd share in the total extent of Ac. 19.01 cents covered by Survey Nos.l85, 186, 187, 188 and 189 of Lothukunta, Alwal Village of Malkajgiri Mandal and for costs. On the respective pleadings of the parties, the learned Judge settled the issues. But further, by an order in I.A. No. 504 of 1993 certain issues were framed. The learned Judge on the strength of the evidence of P.Ws. 1 and 2, D.Ws.1 to 4, Exs.A1 to A11 and Exs.B 1 to B27 ultimately dismissed the suit and aggrieved by the same, the present appeal is preferred by the un-successful plaintiffs.2. Respondent No. 4 died and R.19 to R.21 were brought on record as the legal representatives of R.4. A.S.M.P. No. 1946 of 2005 was filed by the proposed parties on the gr...
G. Anjaneeya Prasad and anr. Vs. S. Vinod Kumar
Court: Andhra Pradesh
Decided on: Mar-03-2006
Reported in: 2006(2)ALD662
V.V.S. Rao, J.1. The suit being O.S No. 521 of 1997 was filed by the sole respondent (hereafter called, the plaintiff) for eviction of the appellants (hereinafter called, the defendants) from the suit schedule premises bearing Gram Panchayat Shop No. 17-86/B consisting of premises No. 17-113 situated at Kamala Nagar, Dilsukhnagar, Ranga Reddy District. The said suit was decreed by the Court of Junior Civil Judge, (East and North), Ranga Reddy District on 17.4.2000. The first appeal filed by the appellants herein being A.S. No. 57 of 2000 was also dismissed by the Court of II Additional District Judge, Ranga Reddy on 25.4.2002 directing the appellants to vacate the suit premises within three months from the date of the said judgment. This second appeal was filed on 15.7.2002. A question was raised before the learned Single Judge, before whom the case was listed, as to whether in spite of the suit property coming within the Municipality during the pendency of the appeal, City Civil Court...
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