Andhra Pradesh Court July 2008 Judgments

R. Veerabhadram Vs. Additional Secretary to Government, General Admini ...

Court: Andhra Pradesh

Reported in: 2009(1)ALT67

ORDERC.V. Ramulu, J.1. This writ petition is directed against the order dated 3-3-2008 passed in OA No. 6219 of 2007 with VMA No. 132 of 2008 & CA No. 23 of 2008 by the Andhra Pradesh Administrative Tribunal.2. It appears, the petitioner-party-in-person, while working as Joint Secretary in Government of Andhra Pradesh, retired from service on 30-6-1988, but in view of certain disciplinary proceedings pending against him (ACB case), the pension of the petitioner was not settled and he was paid provisional pension. Ultimately, on acquittal in the ACB case on 23-3-1998, he became eligible for full pension and other retirement benefits and he was paid the same. It is stated that the petitioner was asked to exercise the option for commutation of his pension and was given a form and the petitioner accordingly submitted his willingness to commute the pension with the fond hope that commutation of his pension would be taken into consideration from the date of his retirement from service, on at...

Government of Andhra Pradesh Rep. by Secretary to Government, Educatio ...

Court: Andhra Pradesh

Reported in: 2009(1)ALT638

ORDERGhulam Mohammed, J.1. This writ petition is filed against the order dated 17-4-2003 passed in O.A. No. 10526 of 2002 by the A.P. Administrative Tribunal, Hyderabad. The official respondents in the said O.A. are the petitioners herein. The applicant-1st respondent herein filed the said O.A. to declare the action of the petitioners herein in treating the applicant-respondent as non-local candidate on the ground that the applicant studied from V class to X class at A.P. Residential School, Survali, Nalgonda District, by applying the Presidential Order, which was issued in the year 1975, which has no application to the case of the applicant, since he joined in the said School in the year 1974 itself, as being illegal and improper and further direction to the petitioners to treat him as local candidate of Rangareddy District taking his permanent residence at Rangareddy District, without reference to the Presidential Order, 1975 as he joined in the above said School before issuance of t...

Vinedale Distilleries Ltd. Vs. Commissioner of Commercial Taxes

Court: Andhra Pradesh

Reported in: (2009)21VST239(AP)

B. Prakash Rao, J.1. The appellant herein, who is a manufacturer of liquor, files this appeal under Section 23(1) of the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the Act') assailing the orders of the Commissioner of Commercial Taxes, Hyderabad, dated July 20, 1996 purported to have passed in exercise of powers of revision under Section 20(1) of the said Act.2. The facts, as necessary for disposal of the present appeal are that in the course of its business as a manufacturer of liquor under D2 licence granted under the provisions of the A. P. Excise Act, 1968, the appellant had to sell the liquor in various containers, viz., bottles, cartons and other packing material. The main dispute is in regard to levy of tax on the containers. According to the appellant, it had followed the principles as laid down by the Supreme Court in Raj Sheel v. State of Andhra Pradesh [1989] 74 STC 379, and accordingly, the Appellate Deputy Commissioner by his order dated July 17, 1992 held tha...

A.P. Federation of Chit Funds Vs. Union of India (Uoi)

Court: Andhra Pradesh

Reported in: 2009[13]STR350

ORDERB. Prakash Rao, J.1. Since all these writ petitions involve common questions, they are being taken up together for disposal.2. The petitioners herein include many of the chit fund companies and a registered Federation of Chit Funds, of which those companies are members. In the writ petitions, the petitioners sought for a mandamus and assailing the correctness of Circular No. 96/7/2007-ST (Circular No. 034-04) dated 23-8-2007 and proceedings No. HAST 141/2007, dated 18-12-2007 issued by the second respondent as being violative of Articles 14, 19(1)(g) and 265 of the Constitution of India and Section 65(12) read with Section 65(105)(zm) of the Finance Act, 1994 and to set aside the same. The case of the petitioners is that they are doing business in chit funds, the transactions of which are clearly covered by the provisions of the A.P. Chit Funds Act, 1971 and the Rules made thereunder. According to them, very nature of transaction stands quite apart. In support, the petitioners ref...

S.K. Habibunnisa Vs. Shriram Transport Finance Company Ltd.

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

D. Appa Rao, President: Oral: 1. The unsuccessful complainant is the appellant. 2. The case of the complainant in brief is that she borrowed Rs. 2,60,000 to purchase a vehicle No. A.P. 09 V 5570 under Hire Purchase Agreement dated 31.10.2001 with the respondent. The respondent had seized the vehicle without orders of any Court on 6.7.2003. She committed default in repayment of amount. She requested the respondent to release the vehicle. The respondent was not the owner nor entitled to seize the vehicle. She also filed W.P. No. 17495/2004 before the High Court of A.P. questioning legality of the seizure. Despite her requests the respondent did not release the vehicle which amounts to deficiency in service. She had sustained a loss of Rs. 30,000 per month. Therefore, she prayed for an amount of Rs. 5,40,000 with interest @ 24% p.a., and further compensation of Rs. 1,00,000 towards mental agony and costs. 3. Respondent resisted the case. It alleged that it is a non-Banking Financial Compa...

Elisetty Bheemanna Dora Vs. District Election Authority and District C ...

Court: Andhra Pradesh

Reported in: 2008(6)ALD97

ORDERG. Rohini, J.1. This writ petition is filed seeking a certiorari to call for the records relating to the order dated 3.7.2008 in Election OP No. 8 of 2006 on the file of the Court of the Election Tribunal -cum-Principal Junior Civil Judge, Kakinada and to quash the same being arbitrary and illegal.2. The writ petitioner was elected as Sarpanch of P. Vemavaram Grain Panchayat of Samalkota Mandal, East Godavari District, in the elections held on 2.8.2006. The 9th respondent herein, who was the unsuccessful candidate, filed Election OP No. 8 of 2006 before the Election Tribunal-cum-Principal Junior Civil Judge, Kakinada to order recounting of all polled votes and also to set aside the election of the writ petitioner and further to declare that the 9th respondent herein/election petitioner was duly elected as Sarpanch of the Gram Panchayat. The Tribunal below, after hearing both the parties, by order dated 3.7.2008 allowed E.O.P. No. 8 of 2006 partly and ordered recounting of all the ...

Mohd. Mahboob Ali Khan Afsar Vs. Najeebunnisa and ors.

Court: Andhra Pradesh

Reported in: 2008(5)ALD96; 2008(5)ALT297

ORDERP.S. Narayana, J.1. The petitioner/defendant filed the present civil revision petition being aggrieved of the order made in I.A. No. 124/2007 in O.S. No. 373/04 on the file of IX Additional Senior Civil Judge, City Civil Court, Hyderabad. The said application was filed by the petitioner under Section 144 of the Code of Civil Procedure (hereinafter in short referred to as Code for the purpose of convenience) to direct the Bailiff to re-deliver possession of flat bearing No. 407, 3rd floor, Wan Residency, bearing Municipal No. 11-5-454/1 at Red Hills, Hyderabad. The learned DC Additional Senior Civil Judge, City Civil Court, Hyderabad in the light of the respective stands taken by the parties having framed the Point for consideration at Para 8 recorded reasons and came to the conclusion that the relief prayed for by the petitioner cannot be granted and ultimately dismissed the application as premature without costs. Aggrieved by the same, the present civil revision petition had been...

A. Narendraraja Vs. Government of A.P., Department of Mines and Geolog ...

Court: Andhra Pradesh

Reported in: AIR2008AP220; 2008(4)ALD803; 2008(4)ALT805

ORDERC.V. Nagarjuna Reddy, J.1. Since these two writ petitions raised common questions of fact and law, they are heard and being disposed of together by a common order.2. These two writ petitions are filed feeling aggrieved by separate, but identical orders dated 1.12.2004 passed by respondent No. l, whereby it confirmed the orders passed by respondent No. 2 cancelling the quarry leases of the petitioners.3. The petitioner in WP No. 10345 of 2005 is a transferee of quarry lease in respect of Grey Granite over an extent of 1.093 hectares in Sy. No. 104 of Muddanapalle Village, Shanthipuram Mandal, Chittoor District from the original lessee Sri D. Ramana. The original lessee was granted quarry lease for a period of 15 years on 4.5.1993 and the said lease was transferred in favour of the petitioner through proceedings dated 23.1.1999 of respondent No. 3.4. In the case of the petitioner in WP No. 10002 of 2005, he applied for quarry lease of Gray Granite over an extent of 1.093 hectares in...

Gold and Silver Jewellery and Diamond Merchants Association Vs. Munici ...

Court: Andhra Pradesh

Reported in: 2008(5)ALD239

ORDERV. Eswaraiah, J.1. The petitioner is a Gold and Silver Jewellery and Diamond Merchants Association. It questions the notification in Rc. No. 7378/98/F2, dated 24.12.1999 issued by the Municipal Corporation of Kurnool, the 1st respondent, in enhancing the licence fee from Rs. 400/- to Rs. 1,900/- on the sale of silver and gold ornaments, in exercise of the powers under Section 521(1)(e)(ii) of the Hyderabad Municipal Corporation Act, 1955 (hereinafter referred to as 'the Act') as illegal and arbitrary.2. It is the case of the petitioner that the 1st respondent-Corporation published a notification in Kumool District Gazette fixing the licence fee for the year commencing from 1.4.2000 in pursuance of Sections 516, 521, 539, 622, 623 and 624 of the Act and under Clauses (A) to (T) of Rule 50 of Prevention of Food Adulteration Act, 1954 and as per G.O. Ms. No. 997, dated 3.7.1977, in respect of trades, operations and industries as mentioned in the Annexure enclosed including the shops ...

Peddireddy Venkata Satyanarayana Murthy @ Chittibabu Vs. Danisetty Bab ...

Court: Andhra Pradesh

Reported in: 2008(5)ALD264; 2008(6)ALT127

ORDERP.S. Narayana, J.1. Heard Sri V.V.N. Narayana Rao, learned Counsel representing revision petitioner and Sri C. Subba Rao, representing Sri A.S.C. Bose, learned Counsel representing first respondent.2. The civil revision petition is filed under Article 227 of the Constitution of India by the first respondent in IA No. 1552 of 2007 in Election OP No. 7 of 2006 on the file of Election Tribunal (in respect of Gram Panchayat) cum-Principal Junior Civil Judge, Yellamanchili.3. The said application was filed praying for the relief of recounting of votes. The Election Tribunal-cum-Principal Junior Civil Judge, Yellamanchili (hereinafter in short referred to as 'the Tribunal' for the purpose of convenience) made a common order in IA No. 1550 of 2007, IA No. 1551 of 2007, IA No. 1552 of 2007 and IA No. 1553 of 2007 in EOP No. 7 of 2006. The Tribunal, after recording reasons, allowed IA No. 1550 of 2007 praying for reopening of the matter and also IA No. 1552 of 2007 praying for recounting o...