Andhra Pradesh Court April 2009 Judgments
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N. Rani Bai and anr. Vs. the Defence Estate Officer and ors.
Court: Andhra Pradesh
Decided on: Apr-30-2009
Reported in: 2009(5)ALT312
L. Narasimha Reddy, J.1. The petitioners challenge the order, dated 06.02.2007, passed by the Joint Collector, Ranga Reddy District, the 2nd respondent, in exercise of power under Section 24 of the A.P. (Telangana Area) Abolition of Inams Act, 1955 (for short 'the Act').2. The facts relevant to this Writ Petition, in brief, are as under:About 50 acres of land in old survey No. 279 of Alwal Village, Malkajgiri Mandal, Ranga Reddy District, was held as Inam by one Sri Narsinga Rao. The father of the petitioners, by name Namasivayam, was permanent tenant of that land under a lease, granted sometime in the year 1910. He died in 1938. During resurvey, in the year 1944, an extent of Acs.13.19 guntas was shown in survey Nos. 349 to 352 and Acs.36.20 guntas was shown in survey Nos. 602 and 603. Out of this, an extent of Acs.32.20 guntas was under lease in favour of the Defence Estate Officer, Secunderabad, the 1st respondent, with effect from 25.02.1963.3. Consequent upon the abolition of imam...
The Additional Dy. Inspector General of Police and the Dy. Inspector G ...
Court: Andhra Pradesh
Decided on: Apr-30-2009
Reported in: [2009]91SCL194(AP)
Sanjay Kumar, J.1. Does the suppression of his involvement in a criminal case at the time of his enlisting, disentitle Ashok Kumar Yadav, the respondent herein, from continuing as a Constable in the Central Reserve Police Force (for brevity, 'the CRPF')?2. The learned Single Judge thought not. Hence, this appeal by the CRPF.3. Facts, admitted as they are, fall within a narrow compass. The respondent was enlisted in the CRPF with effect from 05.09.2001. After his enlistment he duly filled in and signed the verification roll as per Rule 14(B) of the CRPF Rules, 1955. The said verification roll is prefaced with the warning that furnishing of false information or suppression of any factual information in the verification roll would be a disqualification and is likely to render the candidate unfit for employment under the Government. A Hindi translation of the same is found along side the English version. Column 12 of the respondent's verification roll is relevant for the purposes of this c...
Gudimetla Venkat Reddy Rep. by Its Proprietor Sri G. Venkat Reddy Vs. ...
Court: Andhra Pradesh
Decided on: Apr-30-2009
Reported in: (2009)25VST178(AP)
Ramesh Ranganathan, J.1. Aggrieved by the order of the Sales Tax Appellate Tribunal, Visakhapatnam, in T.A. No. 704 of 2005 dated 12.12.2008, TREVC No. 62 of 2009 is filed. Seeking stay of collection of the disputed tax of Rs. 8,40,162/-, for the assessment year 1999-2000 (APGST), pending disposal of TREVC No. 62 of 2009, W.P. No. 7189 of 2009 is filed. Against the order of the Sales Tax Appellate Tribunal, Visakhapatnam, in T.A No. 703 of 2005 dated 12.12.2008, TREVC No. 45 of 2009 is filed. As the questions raised in TREVC No. 45 and 62 of 2009 are identical, it would suffice if the facts in TREVC No. 45 of 2009 are noted.2. The petitioner, a contractor engaged in the execution of works contract, is an assessee on the rolls of the Commercial Tax Officer, Tadepalligudem. He was assessed to tax under the A.P.G.S.T. Act for the assessment year 1998-99 and his net turnover was determined as Rs. 33,79,460/-. The Deputy Commissioner (Commercial Tax), Eluru Division, by his proceedings date...
New India Assurance Company Ltd. Rep. by Divisional Manager Vs. S. Amb ...
Court: Andhra Pradesh
Decided on: Apr-30-2009
Reported in: 2009(4)ALT705
V.V.S. Rao, J.1. First respondent herein is workman of second respondent working as driver of the car bearing No. AP 25 D 9749. On 15-7-2002 at about 5.30 p.m., the car met with an accident. The workman received injuries. He filed W.C. Case No. 81 of 2003 before Commissioner for Workmen's Compensation and Assistant Commissioner of Labour I, Hyderabad (Commissioner, for brevity) claiming compensation of Rs. 3,50,000/-. After conducting enquiry, with due notice to opposite parties therein, learned Commissioner awarded Rs. 2,93,609/- with penalty of 50% and 9% interest purportedly under Section 4-A of the Workmen's Compensation Act, 1923. The said order dated 8-10-2004 is assailed in the appeal.2. In this appeal, learned Counsel for appellant-insurer raised two contentions. When Doctor - A.W.2 who gave Ex.A-15 disability certificate deposed that workmen suffered 45% disability, total disablement of 100% cannot be taken. Secondly award of 50% penalty is erroneous.3. Section 2(I) of the Act...
New India Assurance Co. Ltd. Rep. by Its Deputy Manager Vs. B. Lalitha ...
Court: Andhra Pradesh
Decided on: Apr-30-2009
Reported in: 2010(1)ALT441
S. Ashok Kumar, J.1. Aggrieved over the Award dated 146-2004 passed in W.C. No. 60 of 2003 by the learned Commissioner for Workmen's Compensation & Assistant Commissioner of Labour - IV, at Hyderabad, the Insurance Company filed the present appeal.2. Brief facts of the case are as follows: The deceased by name B. Vittal was engaged as labourer on 7-8-2003 by the third respondent herein on his lorry bearing No. A.P. 7V 5567 for unloading Ammonium Nitrate bags from the said lorry in the premises of the Inax Products Co. It was averred in the claim petition that on that fateful day, at about 11.00 a.m. while the deceased was unloading the 50 Kg. bags of Ammonium Nitrate from the above said lorry of the third respondent, the deceased fell down due to slipping of his leg, resulting which, the 50 Kg. bag fell on the deceased. As a result of which, the deceased sustained grievous injuries. Immediately, he was shifted to nearby hospital and from there, he was shifted to Gandhi Hospital, wherei...
S.L.S. Power Ltd., Navalok Gardens Rep. by Its Managing Driector Sri.V ...
Court: Andhra Pradesh
Decided on: Apr-29-2009
Reported in: (2009)25VST55(AP)
Ramesh Ranganathan, J.1. The relief sought for in the writ petition is to declare the action of the first respondent in passing the impugned revision order dated 17.02.2009, for the assessment year 2003-04 (APGST), by rejecting the petitioner's request for deferment of the revision proceedings under Section 20(2-A) of the Andhra Pradesh General Sales Tax Act, 1957 (for short 'APGST Act') till the disposal of T.A. No. 462 of 2007, pending before the Sales Tax Appellate Tribunal, Visakhapatnam, of the same petitioner on the same issue for the earlier assessment year 2001-02 (APGST), as illegal and unjustified and to set aside the same. 2. Facts, in brief, are that the second respondent passed order dated 28.03.2007 for the assessment year 2003-04 levying tax on a turnover of Rs. 5,85,02,837/-, under Section 6-A of the APGST Act, towards purchase of coal and fire-wood from unregistered dealers within the State. Aggrieved thereby, the petitioner preferred an appeal to the Appellate Deputy ...
L. Venkata Krishna Reddy (Died) and ors. Vs. M. Anjappa (Died) Per L.R ...
Court: Andhra Pradesh
Decided on: Apr-29-2009
Reported in: AIR2009AP179; 2009(15)ALT599
ORDERG. Rohini, J.1. This Revision petition is directed against the order dated 25-09-2008 in E.P. No. 50 of 1996 in O.S. No. 33 of 1985 on the file of the Court of Senior Civil Judge, Hindupur.2. The respondents 1 to 5 herein are the plaintiffs who filed the suit seeking specific performance of an agreement of sale allegedly executed by the 1st defendant-L. Venkata Krishna Reddy. The 2nd defendant - L. Ramanagopal Reddy - is the son of the defendant No. 1. Though appearance was entered on behalf of the defendants, since their counsel reported no instructions they were set ex parte and the suit was decreed with costs by judgment and decree dated 11-08-1992 directing the 1st defendant to execute a registered sale deed as per the terms of agreement of sale dated 19-04-1980 in respect of the suit schedule building in favour of the plaintiffs by 21-09-1992 and in case the 1st defendant fails to comply with the above clause granting liberty to the plaintiffs to get the sale deed registered ...
indu Bai and anr. Vs. Rajendra Kumar Bhandari and anr.
Court: Andhra Pradesh
Decided on: Apr-29-2009
Reported in: 2009(6)ALT110
ORDERL. Narasimha Reddy, J.1. The 1st respondent filed O.S. No. 33 of 2008 in the Court of Principal District Judge, Kadapa, against the 2nd respondent, for the relief of specific performance of an agreement of sale, dated 10-02-2006. Alternative relief, in the form of a decree for refund of the amount, received as advance under the agreement, was also prayed for. On coming to know that the petitioners herein have purchased the suit schedule property, the 1st respondent filed I.A. No. 2557 of 2008, under Order I Rule 10 C.P.C., with a prayer to add them as defendants 2 and 3. The application was resisted by the petitioners as well as the 2nd respondent. Through order, dated 23-01 -2009, the learned District Judge, allowed the I.A. The same is challenged in this C.R.P.2. Sri G. Dasaradha Rami Reddy, learned Counsel for the petitioners, submits that his clients are neither necessary, nor proper parties to the suit and there was no basis for the trial Court to add them as parties. He cont...
Shaik Ahmed Mohammad Vs. Damodardas Haridas and Sons Rep. by Partner R ...
Court: Andhra Pradesh
Decided on: Apr-29-2009
Reported in: 2009(6)ALT378
P.S. Narayana, J.1. On 20.02.2009, in C.M.A.M.P. No. 269 of 2009, this Court granted interim stay on condition of depositing the costs within a period of four weeks.2. It is stated that the costs had been deposited on 19th March, 2009 in the treasury and the Challan had been produced.3. An order, dated 7th April, 2009, made by the learned III Senior Civil Judge, City Civil Court, Secunderabad in I.A. No. 2106 of 2008 in O.S. No. 190 of 2007 is also placed before this Court. The said order reads as hereunder:Conditional stay granted. Condition not complied. No representation for petitioner. Hence petition is dismissed.4. CM.A.MP. No. 683 of 2009 is filed to vacate the interim order, dated 20.02.2009, made in C.M.A.M.P. No. 269 of 2009 in C.M.A. No. 114 of 2009. When the same is coming up for hearing, the learned Counsel on record made a request for final disposal of the civil miscellaneous appeal. Hence, at the request of the learned Counsel on record, the civil miscellaneous appeal its...
itc Limited Rep. by Its Branch Manager Vs. State of Andhra Pradesh Rep ...
Court: Andhra Pradesh
Decided on: Apr-29-2009
Reported in: (2009)26VST682(AP)
Ramesh Ranganathan, J.1. The petitioner seeks a declaration that the impugned notice issued by the 2nd respondent dated 20.3.2009 is void abinitio, non-est, without authority of law, illegal and invalid.2. The petitioner, carrying on business of manufacture and sale of cigarettes, is registered under the APVAT Act. They were also registered as a tobacconist, under the A.P. Tax on Luxuries in Hotel & Lodging Houses Act, 1987 (hereinafter called 'Luxury Tax Act'), from August, 1996. The Luxury Tax Act was amended on 1.8.1996 and its scope was enlarged to include levy of luxury tax on supply of tobacco and tobacco products. The petitioner filed W.P. No. 16909 of 1996 before this Court challenging the vires of the said Act. Though the writ petition was admitted, no interim order was granted in the petitioner's favour pending disposal of the writ petition. The 2nd respondent passed order dated 31.03.1998 for the assessment year 1996-97, under the Luxury Tax Act, allowing the exemptions clai...
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