Andhra Pradesh Court June 2007 Judgments
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Jumgo Cotton Enterprises Vs. Rayalaseema Mills Ltd.
Court: Andhra Pradesh
Decided on: Jun-15-2007
Reported in: [2007]78SCL271(AP)
Bilal Nazki, J.1. This appeal is filed against the order of learned Company Judge in CP No. 143 of 2002. The company petition was dismissed mainly on the ground that there was no ascertained or determined debt and the application of the petitioner firm related to the entries made in the petitioner's books of account prior to three years. Both the findings, are challenged in this appeal by the petitioner/appellant.2. It is pointed out by the learned Company Judge in para 10 of his judgment that E.A-61 was the running account, but it was for different periods. It gave the periods as 23-4-2001 to 30-4-2001, 28-5-2001 to 31-5-2001, 27-6-2001 to 6-7-2001, 27-7-2001 to 31-7-2001, 27-8-2001 to 31-8-2001,18-9-2001 to30-9-2001,22-10-2001 to31-10-2001,22-11-2001 to 30-11-2001, 21-12-2001 to 31-12-2001, 23-1-2002 to 31-1-2002, 1-2-2002 to 28-2-2002 and 2-3-2002 to 23-3-2002. The learned Counsel for the petitioner/appellant submits that it was a running account and the last transaction was between...
M. Vanaja Vs. B. Balaseshanna and ors.
Court: Andhra Pradesh
Decided on: Jun-14-2007
Reported in: 2007(4)ALD388; 2008(1)ALT520
G.S. Singhvi, C.J.1. Whether a temporary fair price shop dealer falls within the ambit and scope of the expression 'any aggrieved person' used in Clauses 20 and 21 of the Andhra Pradesh State Public Distribution System Control Order, 2001 (for short, 'the Control Order') is the question, which has been referred by the Division Bench to the Larger Bench in view of apparently conflicting opinions expressed by the two Division Benches in B. Maheswaramma v. M. Ramasubbamma : 1996(1)ALT274 and judgment dated 19-3-1997 rendered in Writ Appeal No. l 146 of 1995.2. For deciding the aforementioned question, it will be useful to notice the background facts.Writ Appeal No. 1805 of 2005M. Vanaja v. B. Balaseshanna and Ors.3. Respondent No. 1-5. Balaseshanna was appointed as fair price shop dealer of U. Bollavaram Village, Mahanandi Mandal, Kurnool District prior to 1975. On 10-8-2001, his authorisation was suspended by Revenue Divisional Officer, Nandyal (respondent No. 4) on the allegations that ...
K. Sudershan Reddy S/O Late K. Ranga Reddy and 23 ors. Vs. the Special ...
Court: Andhra Pradesh
Decided on: Jun-14-2007
Reported in: 2007(5)ALT146
ORDERG. Bhavani Prasad, J.1. Twenty four petitioners filed the writ petition with leave challenging the threatened dispossession from their house properties in survey No. 18-A of Bobbuguda, Balanagar Mandal, Ranga Reddy District in pursuance of the judgment and decree in L.G.C. No. 166 of 1999 dated 28-03-2003 of the Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act, Hyderabad and also to set aside the judgment and decree and direct the respondents not to interfere with their possession.2. The writ petitioners claimed that they purchased house plots ranging from 200 square yards to 500 square yards under agreements of sale and unregistered sale deeds from Samad Khan Ghouri, Syed Akther and Mohd. Farooq Hussain who in turn purchased the land from Hameed Begum and Muneeba Begum, daughters of Mohd. Habeebulla, brother of Sibgatullah, in 1984. The land purchased by the petitioners is surplus land under the Urban Land (Ceiling and Regulation) Act, 1976 and some of the w...
Sri Venkata Sai Restaurant and Bar Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jun-14-2007
Reported in: 2007(5)ALD147
ORDERV. Eswaraiah, J.1. Heard the learned Counsel appearing for the petitioner as well as the learned Government Pleader appearing for the respondents.2. Petitioner submits that after obtaining prior clearance from the Commissioner of Prohibition and Excise, Hyderabad, vide proceedings in Cr. No. 11197/2006/CPE/K3, dated 11-8-2006, for grant of license in Form 2B for sale of Indian made Foreign Liquor and Foreign Liquor in premises bearing Door No. 3-181/1, Vemagiri Junction, Vemagiri, Rajahmundry, East Godavari District, for the Excise Year 2006-07, he filed an application dated 25-8-2006, before the Prohibition and Excise Superintendent, along with necessary documents after duly paying application fee of Rs.10,000/- for grant of license in Form 2B. The Prohibition 'and Excise Superintendent, after verifying the said application as to the legal requirements, forwarded the same to the Deputy Commissioner of Prohibition and Excise, Kakinada, who, in turn after examining the proposal and...
Rashtriya Ispat Nigam Limited Vs. P. Jayantilal and Company Private Lt ...
Court: Andhra Pradesh
Decided on: Jun-13-2007
Reported in: 2007(6)ALD36
ORDERP.S. Narayana, J.1. This Court on 19.06.1998 made the following order:Admit on substantial questions of law raised in ground Nos. 1 to 4.The substantial questions of law raised in ground Nos. 1 to 4 are as hereunder:1. Whether the courts below are correct in granting injunction from invoking the Bank guarantee till the disposal of the arbitration proceedings between the parties?2. Whether the courts below can grant injunction from invoking the bank guarantees in the absence of any plea or proof relating to fraud or coercion by the appellantD2, as held by the Hon'ble Supreme Court in a catena of decisions?3. In view of the specific clause in the contract empowering the Appellant/D2 to recover money due in one contract from any other contract between the same parties, whether the courts below are correct in giving weightage to the fact that the works relating to the bank guarantee Nos. 7282 and 7283 are completed as per the terms and conditions and hence the injunction against the s...
A. Krishna Reddy Vs. Government of the State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jun-13-2007
Reported in: 2007(5)ALD194
ORDERL. Narasimha Reddy, J.1. The Superintending Engineer, SRSP, Circle No. 1, the 3rd respondent herein, invited tenders, through E-procurement platform on 29.9.2006, for the work of formation of an Earthern Dam, construction of spill way, Head Regulators, Left and Right side lead channels, high level B.T. road, including construction of DLR bridge and two irrigation canals, including distributaries, for a project at Mothe Village of Ramadugu Mandal, Karimnagar District. The work comprised of investigation, designing and execution. The Internal Bench Mark value of the work was mentioned as Rs.99.80 crores, and tenders with technical and price bids were to be submitted 'on line' by 5.12.2006. The petitioner and 8 other tenderers responded. On 11.12.2006, 8 tenders were opened, and it was found that the amount quoted by the petitioner i.e. Rs.79,02,47,000/-, was the lowest. The tender submitted by the 4th respondent, by name M/s. Manisha and Mulay (joint venture) was rejected, on the gr...
K.C. Narayana Vs. Managing Director, Apsrtc and ors.
Court: Andhra Pradesh
Decided on: Jun-13-2007
Reported in: 2007(5)ALD416
ORDERRamesh Ranganathan, J.1. Questioning the proceedings of the Regional Manager, dated 18.11.1997, the present writ petition is filed.2. Petitioner a conductor in A.P.S.R.T.C., alleged to have driven the bus unauthorisedly on 13.12.1975 resulting in an accident, was removed from service. The appeal preferred by him was rejected by the Regional Manager and thereafter he preferred a Review Petition to the Chief Traffic Manager. The Chief Traffic Manager, in his proceedings dated 18.11.1977, appointed him as a conductor afresh. Aggrieved thereby, the petitioner filed a revision to the 1st respondent on 6-3-1981, but his revision was rejected by the 1st respondent by proceedings dated 16.10.1981. Aggrieved thereby he filed W.P. No. 24155 of 1996 and this Court by order dated 14.11.1996 held that the reasons given by the Reviewing Authority, in dismissing the Review Application, was not correct and that as a matter of fact the petitioner was dismissed from service as he was driving an A.P...
Subedar Kashmira Singh Vs. the Chief of Army Staff and ors.
Court: Andhra Pradesh
Decided on: Jun-12-2007
Reported in: 2007(6)ALD238
ORDERRamesh Ranganathan, J.1. This is a tale of intrigue one rarely associates with the Armed Forces. But for this Court's intervention, the illustrious career, spanning two decades and a half, of an Army Officer would have been derailed by the machinations of another. That the officer should be forced to repeatedly knock the portals of the High Court, for the honour and recognition which he richly deserves, and for the monetary benefits which he is entitled as of right, is, indeed, a matter of regret.2. The petitioner, while holding the post of Senior Junior Commissioned Officer (SJCO) of the 6th Battery in the II Training Regiment at Hyderabad, was also officiating as a Subedar Major for a period of five months before Subedar Major Waman Akde took charge of the said post on 21.1.1987. The petitioner was transferred to Allahabad on 16.2.1987 and was required to report thereat on or before 28.4.1987. Subedar Major Waman Akde, after assuming office, took a hostile attitude against the p...
K. Kumara Swamy Vs. Co-operative Tribunal and ors.
Court: Andhra Pradesh
Decided on: Jun-12-2007
Reported in: 2007(5)ALD377
ORDERL. Narasimha Reddy, J.1. petitioner challenges the award dated 4.12.1999, passed by the Sub-Registrar, attached to the Girijan Cooperative Corporation, Visakhapatnam, in A.R.C. No. 9/98-99, as confirmed by the Co-operative Tribunal, at Vijayawada, through its order dated 20.8.2002 in O.A. No. 164 of 2001.2. The petitioner is employed as Divisional Manager in Girijan Co-operative Corporation (for short 'the Corporation'). During the year 1998, he was posted as Divisional Manager of Girijan Primary Co-operative Marketing Society Ltd., Parvathipuram, (for short 'the Society'), which is under the direct control and management of the Corporation. The society filed A.R.C. No. 9/98-99, before the Deputy Registrar, under Section 62 of the A.P. Co-operative Societies Act (for short 'the Act'), for recovery of a sum of Rs. 80,929-85 ps., with interest at 24%, against an employee, by name A. Narayana Rao. It was alleged that the said Narayana Rao, who was in-charge of the purchase of various...
Lt. Rajender Singh Punia Vs. Chief of Naval Staff and anr.
Court: Andhra Pradesh
Decided on: Jun-11-2007
Reported in: 2007(5)ALD349; 2007(4)ALT421
G.S. Singhvi, C.J.1. This petition involves adjudication of the petitioner's challenge to order dated 28-7-1995 vide which he was discharged from naval service with effect from 10-8-1995 under Section 15(2)(a) of the Navy Act, 1957 (for short, 'the Act') read with Regulation 216 of the Regulations Navy, Part II (statutory) (hereinafter referred to as 'the Regulations').The Facts:(1) While the petitioner was posted as Lieutenant in Fleet Mail Office, INS Arnala, Lieutenant K.L. Godara, Executive Officer, INS, Makar lodged complaint dated 7-3-1994 that he i.e., the petitioner, who was the real uncle of his wife had been maintaining sexual relation with her. Along with the complaint, Lt. K.L. Godaraenclosed copies of letters, one written by his own wife and the one written by the wife of the petitioner.(2) On receipt of the complaint, the statements of Lt. P. Rawat and Lt. S.K. Gupta, both of INS, Venduruthy were recorded, who confirmed the allegation madeby Lt.K.L. Godara against the pet...
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