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Andhra Pradesh Court August 2006 Judgments

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Aug 02 2006

S.B.P.S. Ram Mohan and anr. Vs. Employees State Insurance Corporation ...

Court: Andhra Pradesh

Decided on: Aug-02-2006

Reported in: 2008(1)SLJ526(NULL)

ORDERA. Gopal Reddy, J.1. This Petition, under Section 482 of Criminal Procedure Code has been filed to quash the proceedings in P.C. No. 57 of 2003 pending on the file of the Judicial Magistrate of First Class for Employees State Insurance Act and Chairman, Industrial Disputes-I, at Hyderabad initiated for the offence under Section 85(a) r/w (i)(a) of the Employees' State Insurance Act, 1948 (for short 'the Act').2. Heard the learned Counsel for the petitioners on 28.7.2006 and learned Additional Public Prosecutor for second respondent. Since none represented the first respondent-complainant, the matter is posted to today for orders. Even today, none represented the first respondent-complainant.3. The first accused is M/s. Sarvaraya Textiles Limited Company and the petitioners herein arc the A-2 and A-3 and they are the Managing Directors of A-1-Company. The allegations of the prosecution is that A-2 and A-3 are the principal employers in respect of A-1 -Company within the meaning of ...


Aug 01 2006

P.V.B. Sharma Vs. Mishra Dhatu Nigam Ltd. and ors.

Court: Andhra Pradesh

Decided on: Aug-01-2006

Reported in: 2006(5)ALD792; 2006(6)ALT165; [2006(111)FLR759]

ORDERGopala Krishna Tamada, J.1. The petitioner, who was the Manager (Electrical) in the 1st respondent-Mishra Dhatu Nigam Limited, Kanchan Bagh, Hyderabad, has filed this writ petition seeking a mandamus declaring the proceedings dated 2.2.2000 issued by the 3rd respondent as arbitrary, illegal and unconstitutional and for a consequential direction to the respondents to continue the petitioner in service till he attains the age of superannuation.2. The petitioner, after working as an Assistant Engineer in various organizations, such as N.F.C., I.D.P.L., Kirlampudi Sugar Mills Limited, etc., joined the 1st respondent-organization in the year 1978 as an Assistant Engineer (Electrical) in the Executive cadre and ultimately by the year 2000, he became the Manager (Electrical). As he developed defective eyesight, he voluntarily opted for retirement with effect from 30,6.1999 and accordingly gave an application for his voluntarily retirement on 27.8.1998 and his request was considered by th...


Aug 01 2006

Sri Saradhi Enterprises Vs. Appellate Deputy Commissioner of Commercia ...

Court: Andhra Pradesh

Decided on: Aug-01-2006

Reported in: (2007)8VST30(AP)

ORDERJ. Chelameswar, J.1. The petitioner is a proprietary concern and an assessee on the rolls of the second respondent herein, which is a 'dealer' in the meaning of the said expression under the Andhra Pradesh General Sales Tax Act, 1957 carrying on business in distribution and sale of soft drinks.2. For the assessment years 2001-02, the second respondent assessed the petitioner's tax liability, under the abovementioned Act, by his proceedings dated January 18, 2005. The goods are taxable as falling under entry No. 21 of the Sixth Schedule to the Andhra Pradesh General Sales Tax Act, 1957. It is the case of the petitioner that while making the assessment the assessing authority took its gross turnover into consideration for determining the tax liability, whereas according to the petitioner the assessing authority is required to take only that much of the turnover excluding the tax. The petitioner, therefore, made an application before the assessing authority, purporting to be one, und...


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