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Andhra Pradesh Court June 2007 Judgments

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Jun 05 2007

Kotta Narayana Murthy Vs. Sub-registrar and anr.

Court: Andhra Pradesh

Decided on: Jun-05-2007

Reported in: 2007(5)ALD497

ORDERL. Narasimha Reddy, J.1. The petitioner and Ms family members executed a partition deed, dated 7.2.2004, dividing certain items of properties among themselves. The document was presented before the first respondent for registration. Stamp duty of Rs. 57,030/-, under Article 40 of Schedule I-A to the Indian Stamp Act, 1899 (for short 'the Act'), was paid on the document. The first respondent treated the document, as the one falling under Article 49-A(a) of the Schedule l-A to the Act, and admitted it for registration. The District Registrar of Assurances, Kakinada, East Godavari District, second respondent herein issued a show-cause notice, dated 15.5.2004, to the petitioner, stating that the document presented by them has been impounded by the first respondent and according to him, the stamp duty payable on the document is Rs. 6,95,100/-. The petitioner and other parties to the document were required to show-cause, as to why the said amount shall not be collected from them.2. On r...


Jun 05 2007

K. Vijay Kumar and ors. Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Decided on: Jun-05-2007

Reported in: 2008(1)ALD74

ORDERL. Narasimha Reddy, J.1. In these two writ petitions, G.O. Ms. No. 148, Transport, Roads and Buildings (Transport-Ill) Department, dated 24.11.2001, and G.O. Ms. No. 27, dated 8.3.2002, issued by the same department, are challenged.The petitioners are operators of contract carriages in the State of A.P. They engaged their vehicles for hire, by obtaining special or temporary permits, under Section 87 or 88 of the Motor Vehicles Act (for short 'the Act'). Some of them have obtained All India Tourist Permits from the competent authority, for their vehicles.2. Various unions of employees of A.P. State Road Transport Corporation (for short 'the Corporation') have formed themselves into a Joint Action Committee, to press their demands. One of the complaints made by them was the alleged failure on the part of the Government, to curb the illicit operation of contract carriages. According to them, such operations were adversely affecting the collections for the buses of the Corporation, be...


Jun 05 2007

A. Srinivas Rao Vs. Commr. of Cus. and Central Excise

Court: Andhra Pradesh

Decided on: Jun-05-2007

Reported in: 2009[15]STR745

ORDERBilal Nazki, J.1. Heard learned Counsel for the parties.2. This writ petition is filed seeking a direction that the respondents should not give effect to the notice dated 28-12-2006 served on the petitioner on 13-1-2007.3. The admitted facts of the case are that the property, which is sought to be attached and the notice which is issued pertains to the property, which was not the property of the Company, but was the personal property of one of the directors by name Amarnath, from whom the petitioner purchased it. The notice was issued admittedly on 28-12-2006, which was received by the petitioner, who is the subsequent purchaser of the property, on 13-1-2007. The petitioner purchased the property on 5-1-2007 from its erstwhile owner. The case of the petitioner is that since he had no knowledge that the property was liable to be auctioned for collection of the dues from the Company, therefore, he was a bona fide purchaser and the notice although issued on 28-12-2006 was only served...


Jun 04 2007

Indian Bank, Secunderabad Branch Represented by Its Manager Vs. K.T. A ...

Court: Andhra Pradesh

Decided on: Jun-04-2007

Reported in: 2008(1)ALD64; II(2008)BC642

P.S. Narayana, J.1. Indian Bank, Secunderabad Branch, represented by its Manager, being aggrieved of the nature of the decree made in OS No. 667 of 1980, dated 18.6.1982, on the file of V Additional Judge, City Civil Court, Hyderabad, had preferred this appeal.2. Sri Suresh, learned Counsel representing the appellant-plaintiff had pointed out that the learned Judge had totally erred in being silent about the future interest on the suit amount from the date of suit till the date of realization. The learned Counsel also pointed out that in the light of the facts and circumstances granting a decree permitting payment in instalments also cannot be sustained. The learned Counsel also pointed out that no evidence had been let in by respondents-defendants. The learned Counsel also would further point out that the Advocate's fee as certified also is not in accordance with the Rules since it was shown as Rs. 1,256/- instead of Rs. 3,008/-, hence the same to be rectified accordingly.3. Heard the...


Jun 04 2007

The Managing Director, State Bank of Hyderabad and Vs. P. Kata Rao S/O ...

Court: Andhra Pradesh

Decided on: Jun-04-2007

Reported in: 2007(5)ALD514; 2007(5)ALT625; (2008)ILLJ340AP

C.V. Nagarjuna Reddy, J.1. The above-noted appeals arise out of order dated 7-2-2005 passed by the learned Single Judge in Writ Petition Nos. 476 of 2001 and 25095 of 1999 and the same are being disposed of by a common judgment because the issues raised therein are interrelated.The Facts:2. The respondent entered the service of State Bank of Hyderabad (for short, 'the bank') on 17.12.1974 as Probationary Officer. After successful completion of the period of probation, he was confirmed. On 13.08.1988, the respondent was placed under suspension. After three years, he was served with memo dated 08.10.1991 for holding an enquiry under the State Bank of Hyderabad (Officers) Service Regulations, 1979 (for short, 'the Regulations') on the following charges:Charge No. 1 : He failed to ensure that the loan amount was paid to/received by the borrower but misappropriated the same for himself.Charge No. 2 : He sanctioned two loans ostensibly in the name of Shri Dola Bangarappa, appropriated excess...


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