Andhra Pradesh Court April 2009 Judgments

M/s Pulp N'Pack Private Ltd., Tadimalla Nidadavote Mandal rep. by Its ...

Court: Andhra Pradesh

Reported in: (2009)23VST573(AP)

ORDER1. Orders passed in exercise of the power to withhold refunds under Section 33-C of the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the Act of 1957') is challenged in this batch of writ petitions.2. M/s Pulp N'Pack Private Limited, Nidadavolu, West Godavari District, is the common petitioner in these writ petitions. It is a Small Scale Industry (SSI) engaged in the trade of pulp moulded egg trays, corrugated boxes and waste paper. It was assessed to tax under the provisions of the Act of 1957 and the Central Sales Tax Act, 1956 (for short 'the Act of 1956') for the assessment years 2001-02 to 2004-05. The petitioner claimed exemption from tax liability under both the enactments insofar as its turnover pertaining to second sales of pulp moulded egg trays was concerned placing reliance on G.O.Ms. No. 1091 Rev. (CT-II) Department dated 31.10.1994.3. It was the case of the petitioner that it had purchased pulp moulded egg trays from Small Scale Industries (SSIs) in the Stat...

Indian Overseas Bank Vs. Popuri Veeraiah and anr.

Court: Andhra Pradesh

Reported in: AIR2009AP169

ORDERB. Prakash Rao, J.1. The Petitioner, which is a bank, files this revision under Article 227 of the Constitution of India assailing the correctness of the orders dismissing an application filed by it purportedly under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 (for brevity 'SARFAESI Act') as per the orders in I.A. No. 554 of 2007 in I.P. No. 15/2007, dated 8-10-2007, on the file of the I Additional Senior Civil Judge, Guntur.2. The brief account on the back, which gives rise to the present proceedings are that the respondent No. 1 herein has filed a petition purportedly under Section 10 of the Provincial Insolvency Act, 1920 to adjudicate him as an insolvent showing that there exists liabilities to a time of Rs. 3,37,83,000.00 to different individuals including the petitioner-bank. In the schedule B attached thereto the immovable property belonging to him is shown as items No. 1 to 3. The said petition was f...

R. Vikram Vs. Smt. Meena Ben Patel and ors.

Court: Andhra Pradesh

Reported in: 2009(5)ALT474

ORDERP.S. Narayana, J.1. Heard Sri R. Chandra Sekhar Reddy and Sri D. Madhava Rao, Counsel representing the Revision Petitioner and the contesting respondents.2. C.R.P.M.P. No. 1760 of 2009 had been filed praying for the relief of vacating the orders made in the C.R.P. and though the matter is coming under the caption of Interlocutory, at the request of the Counsel on record, the C.R.P. itself was heard finally and the same is being disposed of.3. Sri R. Chandra Sekhar Reddy, the learned Counsel representing the Revision Petitioner would maintain that the learned III Senior Civil Judge, City Civil Court, Hyderabad totally erred in allowing the application permitting the amendment of the plaint since by allowing the proposed amendment, the character of the suit will be changed and the cause of action also would be totally changed. The Counsel also would maintain that the proposed amendment is totally contrary to the original pleading and the reliefs prayed for. The Counsel would further...

M. Ramesh S/O. M. Rajaiah, Driver Rep. Apsrtc, Employees and Workers U ...

Court: Andhra Pradesh

Reported in: 2009(5)ALT64

ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed questioning award dated 20.09.2004 in I.D. No. 15 of 2001, whereby the Additional Industrial Tribunal-cum-Additional Labour Court, Hyderabad (for short, 'the Labour Court'), confirmed the order of removal of the petitioner passed by respondent No. 2.2. Heard the petitioner, who appeared as party-in-person and Sri K. Madhava Reddy, learned Standing counsel for respondent No. 2.3. The petitioner was a Driver of the Andhra Pradesh State Road Transport Corporation (for short, 'the Corporation*). On the fateful day, he was driving the bus of the Corporation bearing registration No. AEZ 2363 on route No. 107/J from Dilsukhnagar to Jubilee bus station, Secunderabad. At a 'T' junction when the petitioner was taking a right turn towards Moosarambagh, a lady carrying a fruit basket on her head was crossing the road and the middle portion of the bus on its right side hit the said lady on account of which she sustained head injuries and d...

P. Samba Murthy and ors. Vs. Union of India (Uoi) Rep. by the Secretar ...

Court: Andhra Pradesh

Reported in: 2009(4)ALT616

ORDERGhulam Mohammed, J.1. Even though the matters are listed 'for admission', with the consent of the learned Counsel for the parties, the writ petitions are taken up for final hearing.2. Since the issue involved in these two writ petitions being the same, they are heard together and are being disposed of by this common order.3. Aggrieved by the order 22.12.2008 of the Central Administrative Tribunal, Hyderabad Bench in O.A. No. 388 of 2008, the Department filed Writ Petition No. 6603 of 2009; whereas, certain persons, who are not parties to the said O.A., with the leave of the Court, filed Writ Petition No. 1295 of 2009.4. The facts in brief are that the department issued notification on 15.2.2008 proposing to fill up 124 vacancies of Head Travelling Ticket Examiners in the scale of Rs. 5000-8000. Pursuant to which, 187 Senior Travelling Ticket Examiners have appeared for the written examinations held on 8.3.2008 and 16.3.2008 and also in the supplementary examination held on 30.3.20...

National Insurance Company Ltd. Vs. Panguluri Rama Rao and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

D. Appa Rao, President: Oral: 1. This is an appeal preferred by opposite party Insurance Company against the order of the Dist. Forum directing it to pay Rs. 25,802 under mediclaim policy together with interest and costs. 2. The case of the complainant in brief is that he was a Vijaya Bank Credit Card holder taken medical claim insurance policy under Vijaya Bank Credit Card Holders Group Insurance Coverage. He sustained pain on the lower back bone. An operation was performed on 1.3.2005 wherein he spent about Rs. 50,000 towards medical expenses, however, bills to a tune of Rs. 25,802 were only issued. When he sent the claim form along with certificate on 18.3.2005 the appellant did not choose to settle the claim, on the other hand repudiated the claim on the ground that he incurred the expenses within 30 days of taking the policy. Therefore he claimed the said amount with interest @ 24% p.a., and compensation of Rs. 1 lakh together with costs of Rs. 2,000. 3. The appellant Insurance Co...