Andhra Pradesh Court April 2007 Judgments
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Commissioner of Central Excise Vs. Andhra Cements Limited, Durga Cemen ...
Court: Andhra Pradesh
Decided on: Apr-17-2007
Reported in: 2007(216)ELT362(AP)
1. This appeal is filed against the Final Order No. 1351 of 2006, dated 10-08-2006, passed in Appeal No. E/295/2006, on the file of the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Bangalore, reversing the order in CEX-11/2005, dated 22-12-2005.2. The respondent-company-Andhra Cements Limited is manufacturing cement and clinker, which attract duty, which was required to be discharged on a monthly basis. There was default in paying the duty on account of the unit being registered with BIFR. However, the duty along with interest was subsequently paid before a show-cause notice dated 04-01-2005 proposing to impose penalty under Rule 25 of the Central Excise Rules, 2002 (for short 'the Rules') was issued for default in paying the duty.3. The respondent-company had in its reply to the show-cause notice submitted that since the matter is pending before BIFR, the circumstances existed were beyond it's control and therefore, the duty could not be paid in time. However...
Royal Food Products Vs. E.S.i. Corporation and anr.
Court: Andhra Pradesh
Decided on: Apr-17-2007
Reported in: 2007(4)ALD632
P.S. Narayana, J.1. Heard Sri Challa Dhanamjaya, learned Counsel representing the appellant and Sri V. Ch. Naidu, learned Counsel representing respondents.2. Sri Challa Dhanamjaya, learned Counsel representing the appellant, had pointed out to the following substantial question of law:Whether the Additional Senior Civil Judge, Rajahmundry, is justified in dismissing OP No. 10 of 2001 without deciding the application IA No. 51 of 2001 filed by appellant-petitioner praying for dispensing with of the deposit of the amount?3. The Counsel for appellant in all fairness would submit that though grounds 'a' to 'g' in ground No. 2 had been raised, this question, which is being raised, had not been specifically raised in the civil miscellaneous appeal, but however, since this is a serious procedural infirmity as reflected from the record, the said question to be considered and decided as a substantial question of law involved in this civil miscellaneous appeal. Incidentally, the learned Counsel ...
K. Hanmanth Rao and anr. Vs. Commissioner of Prohibition and Excise, G ...
Court: Andhra Pradesh
Decided on: Apr-17-2007
Reported in: 2007(4)ALT711
ORDERV. Eswaraiah, J.1. K. Hanmanth Rao and A. Thirupathi filed W.P.Nos.810 and 1295 of 2007 respectively for the self same relief seeking a Writ of Mandamus to declare the action of the Excise officials in granting licence in favour of one P. Vamshidhar Rao to establish retail outlet outside the main village of Teegalaguttapally pursuant to the proceedings in Rc. No. 54/06/ P&EI;/KNR(R) dated 03-01-2007 as illegal and arbitrary and contrary to the directions of this Court in W.P. No. 15704 of 2006 dated 14-08-2006 as confirmed by the Division Bench in W.A. No. 898 of 2006 dated 30-08-2006.2. The said P. Vamshidhar Rao filed W.P. No. 4895 of 2007 seeking a Writ of Mandamus to declare the proceedings in R.C. No. 454/P&Ex;/2006/A2 dated 07-02-2007 of the Excise Superintendent, Karimanagar as illegal and arbitrary and to grant retail outlet liquor shop in IML-A4 licence for D. No. 4-69/27/B, Teegalaguttapally Village, Karimnagar Rural Mandal, Karimnagar District.3. It is the case of the p...
Employees State Insurance Corporation Vs. Ganapati Vilas
Court: Andhra Pradesh
Decided on: Apr-17-2007
Reported in: 2007(5)ALD310; (2007)IIILLJ1078AP
P.S. Narayana, J.1. The Employees' State Insurance Corporation, aggrieved by the order dated 15-3-2002 made in E.I. Case No. 94 of 2000 on the file of the Employees' Insurance Court and Chairman, Industrial Tribunal-I, at Hyderabad, preferred the present civil miscellaneous appeal under Section 82(2) of the Employees' State Insurance Act, 1948 (hereinafter in short referred to as 'the Act' for the purpose of convenience).2. The substantial question of law, which had been argued in elaboration by Sri R.N. Reddy, learned Counsel representing the appellant is as hereunder.Whether the respondent can go back and contend otherwise relating to the number of employees contrary to the details and the information furnished by him in Ex. R-1.Sri R.N. Reddy, learned Counsel representing the appellant-Corporation had taken this Court through the respective pleadings of the parties and the evidence available on record and would contend that the learned Judge proceeded on the assumption that Ex. R-1 ...
i. Sambasiva Rao Vs. Union of India (Uoi), Rep. by Its Secretary, Law, ...
Court: Andhra Pradesh
Decided on: Apr-16-2007
Reported in: AIR2007AP320; 2007(3)ALT482
ORDERD.S.R. Varma, J.1. Heard Sri M. Panduranga Rao, the learned Counsel appearing for the petitioner, the learned Assistant Solicitor General, appearing for the Respondent Nos. 1 and 6, the learned Government Pleader for Revenue, appearing for the Respondent Nos. 2, 3 and 4, as well as the learned Government Pleader for Stamps and Registration, appearing for the Respondent No. 5.2. This writ petition is taken up on the basis of a 'letter', dated 5-12-2005, by one Sri . Sambasiva Rao, Advocate, Flat No. 306, Royal Residency, Humayun Nagar, Masab Tank, Hyderabad, to the Honourable the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking to direct the authorities concerned in connection with the representation of the petitioner for fixing the quota for the disabled in appointment of 'Notary' viz., implementation of 3% reservation for the persons under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for brevity 'the Di...
Dr. K.V. Pathi Vs. Lakshmivilas Bank, Malkajgiri Branch
Court: Andhra Pradesh
Decided on: Apr-16-2007
Reported in: 2007(4)ALD612
G.V. Seethapathy, J.1. This appeal is directed against order dated 9.6.2003 in O.S. No. 207 of 1999 on the file of I Additional Senior Civil Judge, Ranga Reddy District, wherein the suit filed by the appellant for declaration that the defendant bank is not entitled to claim a sum of Rs. 19,403/- from the plaintiff and for directing to release and return to the plaintiff, the share documents annexed in the plaint schedule and also directing the defendant to pay Rs. 1,00,000/- towards damages, was dismissed.2. The appellant filed the suit with the following averments:The plaintiff was a constituent of defendant bank and he obtained a cash credit loan of Rs. 2,85,000/- in 1995 pledging the shares of various companies, which are mentioned in the schedule. As per the terms and conditions of the loan agreement, the plaintiff made regular repayments till early 1996. Thereafter, the plaintiff due to financial constraints could not make the payments and wrote a letter dated 7.8.1997 offering to...
P. Yagnanarayana Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Apr-16-2007
Reported in: 2007CriLJ3551
ORDERG. Yethirajulu, J.1. The petitioner is A.6 in C.C. No. 103 of 2005 on the file of II Additional Judicial Magistrate of First Class, Eluru, West Godavari District, filed for the offences punishable under Sections 420, 468 and 477A read with Sections 109 and 120B of the Indian Penal Code and Section 69 of the Indian Stamp Act.2. The petitioner worked as Sub-Registrar at Baimavaram during the year 1995. The Government of Andhra Pradesh re-fixed the market value of the lands with effect from 1-4-1995. The documents that were executed prior to 31-3-1995 could be presented for registration before the Sub-Registrar within four months from the date of execution. The application of existing market value was allowed and benefits were given to the individuals. 31-3-1995 is the cut-off date to avail the benefits of old market value, which could be doubted if purchase of the stamps were from 1-4-1995 onwards. Guidelines were issued from time to time by the authorities of Registration and Stamp...
Nukala Sailaja Devi and ors. Vs. District Registrar and ors.
Court: Andhra Pradesh
Decided on: Apr-16-2007
Reported in: 2007(6)ALD464; 2007(6)ALT368
ORDERL. Narasimha Reddy, J.1. The third respondent filed O.S. No. 13 of 2006 in the Court of I Additional District Judge, Nalgonda, against the petitioners, for the relief of specific performance of an agreement of sale, dated 21 -10-2005. At the instance of the trial Court, the agreement of sale was sent to the Revenue Divisional Officer, Nalgonda, second respondent herein, for impounding. An order, dated 31-8-2006, was passed by the second respondent, levying 1% stamp duty and penalty of ten times.2. The petitioners filed W.P. No. 21518 of 2006 before this Court, against the order passed by the second respondent. According to him, the second respondent did not have the jurisdiction to discharge the functions under the Indian Stamp Act, 1899 (for short 'the Act'), particularly in the context of impounding the insufficiently stamped documents. Following the judgment, dated 13-9-2006, rendered by this Court in G. Ramesh v. The Revenue Divisional Officer, Nalgonda in W.P. Nos. 17945 & 17...
Gogu Narasamma Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Apr-16-2007
Reported in: 2007CriLJ4787
T. Meena Kumari, J.1. The present Criminal Appeal is preferred against the calendar and judgment passed by the learned Prl. Sessions Judge, Nalgonda in S.C. No. 213 of 2003 dated 20-8-2004 convicting and sentencing accused to undergo Imprisonment for Life and to pay a fine of Rs. 1.000/- in default to undergo Simple Imprisonment for three years.2. The case of the prosecution in brief is follows:One Shankaraiah lodged a report with the police on 20-12-2002 complaining that on 19-12-2002 at about 11-00 hours when he returned back home, he came to know that his wife Narsamma killed their 2nd daughter, Madhavi, aged 8 years by strangulation, he found a rope and ligature marks around the neck of deceased Madhavi. Basing on his report, the police registered a case in Crime No. 76 of 2002 under Section 302 Indian Penal Code, issued First Information Report, and held inquest over the dead body of Madhavi, which was subjected to post mortem examination which revealed that she died due to asphyx...
State Bank of India Vs. Zeenath X-ray and Ecg Clinic and ors.
Court: Andhra Pradesh
Decided on: Apr-16-2007
Reported in: 2007(4)ALD506; 2008(3)ALT134
G.V. Seethapathy, J.1. This appeal is directed against the judgment and decree dated 15-4-2002 in OS No. 90 of 1996 on the file of the Court of I Senior Civil Judge, City Civil Courts, Hyderabad, wherein the suit filed by the appellant herein for recovery of a sum of Rs. 3,48,533/- was dismissed with costs.2. The appellant filed the suit with the following averments: On application of the 2nd defendant, who is the Managing Partner of first defendant, term loan of Rs. 2,30,000/- was sanctioned by the plaintiff bank for business purpose, on hypothecation of stocks and machinery and personal guarantees offered by the Defendants 2 to 8 apart from mortgage of the plaint schedule property belonging to 8th defendant. The defendants have executed general agreement for grant of medium term advance on 31-3-1984, ancillary agreement dated 31-3-1985, and guarantee agreement for small industrial advances dated 31-3-1984. That apart, 8th defendant also created equitable mortgage in respect of his ho...
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