Andhra Pradesh Court June 2007 Judgments
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Hyderabad Engineering Industries Limited Rep. by Its Assistant General ...
Court: Andhra Pradesh
Decided on: Jun-26-2007
Reported in: 2007(5)ALT226
ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed for a writ of mandamus to set aside notice dated 11-11-2006 issued by Kukatpally Municipality, Hyderabad whereunder a sum of Rs. 78,71,739/- is demanded towards property tax and penalties.2. This case is a paradigm of how a resourceful citizen can successfully frustrate laws of the land with the active connivance of the official machinery of the State, to evade payment of taxes for decades.3. The petitioner, which is a unit of Jay Engineering Works Limited is involved in manufacture of ceiling fans and sewing machines. Though in the writ petition it is claimed by the petitioner that the company was declared a sick unit by the Board for Industrial and Financial Reconstruction, no material in support of the said plea is filed in this writ petition. The petitioner received a demand notice No. 2098 dated 12-12-1990 from respondent No. 2 under Rule 8 of the Rules framed under Schedule-II of the Andhra Pradesh Municipalities Act 196...
Shriram Chits Pvt. Ltd. Vs. Kannri Venkata Narayana and ors.
Court: Andhra Pradesh
Decided on: Jun-26-2007
Reported in: 2007(6)ALD46; 2008(1)ALT80
B. Prakash Rao, J.1. Heard Sri K. Maheswara Rao, learned Counsel appearing for the appellant and Sri Madhava Rao Ambadipudi, learned Counsel appearing for the respondents and at their request, the main appeal itself is taken up for disposal.2. The appellant is the plaintiff, who aggrieved by the judgment dated 14.3.2006 in O.S. No. 3 of 2003 on the file of the Court of VII Additional District Judge (Fast Track Court) Krishna at Vijayawada, filed this appeal under Order XLIII Rule 1 of the Code of Civil Procedure.3. The relevant facts that require for the purpose of deciding this appeal are that the appellant/plaintiff had filed the main suit against the respondents 1 to 4/defendants 1 to 4 for recovery of a sum of Rs. l 1,01,540/-(Rupees eleven lakhs one thousand five hundred- and forty only) towards the suit mortgage debt and accordingly pass a preliminary decree and in default of payment, grant a final decree by way of sale of the mortgaged property shown in the plaint schedule and f...
Adepu Surendra Vs. Adepu Ravindra
Court: Andhra Pradesh
Decided on: Jun-26-2007
Reported in: 2007(6)ALD718
P.S. Narayana, J.1. The matter is appearing under the caption 'interlocutory'.2. Sri K. Hema Prakash Rao, learned Counsel representing the plaintiff having lodged a Caveat entered appearance and opposed the granting of any interim order in this civil miscellaneous appeal. Mrs. A. Sarala, learned Counsel representing the appellant-defendant made elaborate submissions and both the Counsel on record made a request for the final disposal of the civil miscellaneous appeal itself and hence this Court is disposing of the civil miscellaneous appeal itself finally.3. Mrs. Sarala, learned Counsel representing the appellant-respondent-defendant would submit that the relationship between the parties is not in controversy and the fact that the respondent obtained the registration of the trade mark without putting the other family members on notice also is not in serious controversy. The learned Counsel would submit that the label popularly known as 'Adepu 222 and Adepu 555' are of the joint family ...
Venkataraya Fibres Pvt. Ltd. Rep. by Its Executive Director Vs. State ...
Court: Andhra Pradesh
Decided on: Jun-26-2007
Reported in: 2008(3)ALT48
ORDERGoda Raghuram, J.1. The petitioner is a private limited company incorporated under the provisions of the Companies Act, 1956, in 1983. Its objects include generation of power using biomass. The petitioner is aggrieved by the respondents' insistence that the petitioner agree to a renegotiation of the price at which it would supply power to the 2nd respondent and by the refusal to supply 'back power' till then. The petitioner seeks a direction to the respondents to forthwith supply back power and thereafter to purchase the power to be supplied by the petitioner 'at uniform rates that are being paid to other similarly situated companies in the State of Andhra Pradesh generating power using combustible bio-mass.'2. Since the advent of the industrial revolution, the consumption of energy has been increasing exponentially. The mainstay of the consumable energy has been coal and fossil fuels. These are fast depleting and non-renewable resources of the planet. This mismatch between the ac...
V. Narasimham and anr. Vs. Greater Hyderabad Municipal Corporation Rep ...
Court: Andhra Pradesh
Decided on: Jun-25-2007
Reported in: 2007(5)ALD0
G.S. Singhvi, C.J.1. In all developed and developing countries, great emphasis has been laid on the planned development of cities and urban areas. In developed countries, the objective of planned development has been achieved by rigorous enforcement of plans prepared after thorough study of complex issues and scientific research and rationalization of laws by way of legislative enactments. The people of those countries have greatly contributed to the concept of planned development by strictly adhering to zoning and building regulations. They, by and large, exhibit total respect for the system based on rule of law and seldom there is a complaint of violation of the building/zoning regulations while constructing buildings, residential or commercial. The situation in developing countries like ours is substantially different. Though the legislatures have, from time to time, enacted laws for ensuring planned development of the cities and urban areas, the same have been violated with impunit...
Hari Gopal Lunani Vs. Sri Venkateswara Sugar Mills
Court: Andhra Pradesh
Decided on: Jun-25-2007
Reported in: 2007(5)ALT2
Goda Raghuram, J.1. The revision is directed against the order of arrest, dated 30-04-2007 passed by the Court of Additional Senior Civil Judge, Eluru in E.P. No. 31 of 2007 in O.S. No. 103 of 1982.2. The Revision petitioner is the judgment debtor in the suit. As he failed to satisfy the decree, the respondent-decree holder filed the execution petition. By the impugned order, dated 30-04-2007, the Court below recorded hat the sale notice was returned with an endorsement that service of summons was effected by affixture on the door, that the revision petitioner was absent though service of process was made and that in the circumstances, arrest warrant be issued against the revision petitioner. The E.P., was posted for enquiry on 27-07-2007.3. The principal ground of attack on this order by the revision petitioner is that there was no service by affixture in accordance with the procedural discipline warranted under Order V Rules 15 and 19 of Code of Civil Procedure, 1908 (CPC), no affida...
V. Narasimham S/O V. Jagannadha Rao and Vs. Greater Hyderabad Municipa ...
Court: Andhra Pradesh
Decided on: Jun-25-2007
Reported in: 2007(5)ALD203
ORDERG.S. Singhvi, C.J.1. In all developed and developing countries, great emphasis has been laid on the planned development of cities and urban areas. In developed countries, the objective of planned development has been achieved by rigorous enforcement of plans prepared after thorough study of complex issues and scientific research and rationalization of laws by way of legislative enactments. The people of those countries have greatly contributed to the concept of planned development by strictly adhering to zoning and building regulations. They, by and large, exhibit total respect for the system based on rule of law and seldom there is a complaint of violation of the building/zoning regulations while constructing buildings, residential or commercial. The situation in developing countries like ours is substantially different. Though the legislatures have, from time to time, enacted laws for ensuring planned development of the cities and urban areas, the same have been violated with im...
K. Ganesh Vs. the Tirumala Tirupathi Devasthanam Rep. by Its Executive ...
Court: Andhra Pradesh
Decided on: Jun-22-2007
Reported in: 2007(6)ALD506
Ramesh Ranganathan, J.1. This writ petition is filed seeking a declaration that the respondent-Tirumala Tirupathi Devasthanam (for short 'the Devasthanam) has acted arbitrarily and illegally in not implementing the orders of the Government in G.O.Rt. No. 172 Revenue (Endowments-III) Department dated 7-2-1997. The petitioner also seeks a direction to the respondent Devasthanam to reinduct and absorb him with effect from 7.2.1997, (i.e., from the date of issuance of G.O.Rt. No. 172 dated 7.2.1997), with all consequential benefits from that date.2. The petitioner claims to have been continuously engaged as a volunteer by the respondent Devasthanam from 6.11.1984 for a period of 376 days. Petitioner submits that he had sought for regularization of his services and, since his request was not acceded to, he along with other similarly placed volunteers had invoked the jurisdiction of this Court in W.P. No. 3579 of 1991, seeking regularization of their services. This Court, by order dated 3.4....
Canara Bank and A.P. State Financial Corporation Vs. Mopeds India Ltd. ...
Court: Andhra Pradesh
Decided on: Jun-22-2007
Reported in: [2007]139CompCas514(AP)
Bilal Nazki, J.1. These four appeals were heard together and are being disposed of by this common judgment.O.S.A. Nos. 16 and 34 of 2004 have been filed by M/s. Canara Bank against orders passed by a company judge on July 25, 2003 See Canara Bank v. Mopeds India Ltd. [2005] 124 Comp Cas 824 (AP) and March 18, 2004 See Canara Bank v. Mopeds India Ltd. [2006] 132 Comp 812 (AP) in Company Applications Nos. 584 of 2002 and 467 and 473 of 2001, respectively in Company Petition No. 48 of 1989. O.S.A. Nos. 70 of 2003 and 38 of 2004, have been filed by the Andhra Pradesh State Financial Corporation against orders passed by the company judge on July 25, 2003 See A.P. State Financial Coporation v. Mopeds India Ltd. [2005] 124 Comp Cas 833 (AP) and March 18, 2004, in Company Applications Nos. 535 and 536 of 2002 and 467 and 473 of 2001, respectively in Company Petition No. 48 of 1989.2. A preliminary objection has been raised by the respondents that these appeals are not maintainable, as such, th...
A.V. Vinod Kumar Vs. the Executive Committee of the Central Warehousin ...
Court: Andhra Pradesh
Decided on: Jun-21-2007
Reported in: 2007(5)ALD445
ORDERC.V. Ramulu, J.1. This Writ Petition is filed seeking a Certiorari to call for the records relating to Proceedings No. CWC/XIII-8/17/85/AV/26, dated 24-12-1991 of the 2nd respondent as confirmed by the 1st respondent in his Memorandum No. CWC/XIII 8/17/85/AV/1125, dated 3-8-1995 and the Proceedings No. CWC/XIII 8/Misc/Gen/97/AV/1000, dated 12-8-1997 of the Senior Assistant Manager (Vigilance) of the Central Warehousing Corporation, New Delhi and quash the same as arbitrary and illegal.2. Though the petitioner made a challenge to various orders, the only question that falls for consideration, in this Writ Petition, is whether, while imposing a minor penalty of censure, the competent authority was correct in treating period of suspension as 'not on duty' and the petitioner is not entitled for full wages.3. It appears, the petitioner while working as a Senior Assistant Manager (G), Central Warehousing Corporation, Regional Office, Lucknow, was suspended from service by an Order dated...
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