Andhra Pradesh Court July 2009 Judgments

Valandapalem Toddy Tappers Industrial Co-operative Society Limited and ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT588

ORDERC.V. Nagarjuna Reddy, J.1. The grievance of the petitioners in short in this writ petition is that respondent No. 1 made inequitable allocation of area of operation among the existing Toddy Tappers Co-operative Societies within the municipal limits of Machilipatnam.2. Respondent No. 2 society has been in existence for a long time. The petitioners have come into existence much subsequently. Evidently, a notice was issued by the Excise Inspector on 16-03-2005, wherein all the societies were informed that the area of operation will be revised among them in the meeting to take place on 19-03-2005. In the said meeting, while petitioner No. 1 was allotted 5 areas in 2 wards, petitioner No. 2 was allotted 5 areas in 3 wards and whereas respondent No. 2 was allocated 15 wards. Thereafter, the petitioners made separate representations dated 19-06-2005 bringing to the notice of respondent No. 1 that injustice was done to them in the allocation of area of operation. As the allocation of area...

Avulapalle Mallikarjuna and ors. Vs. N.T. Chengalarayappa

Court: Andhra Pradesh

Reported in: 2010(1)ALT363

ORDERL. Narasimha Reddy, J.1. The petitioners filed R.C.C. No. 5 of 1997 before the learned Rent Controller-cum-Principal Junior Civil Judge. Punganur, against the respondent for eviction from the schedule premises. It was pleaded that in a family partition, which took place in the year 1994, the suit property fell to the share of one, Mr. Base Gowdu, the husband of the 1st petitioner and father of petitioners 2 to 5. It was stated that after the death of Base Gowdu, the petitioners have become the absolute owners. The property is said to have been leased out to the respondent on a monthly rent of Rs. 150/-. It was alleged that though the rent was paid regularly up to June, 1994, the respondent stopped payment of rent thereafter. Bona fide requirement of premises was also pleaded.2. The respondent opposed the case, by stating that Base Gowdu and his brothers sold the schedule property, orally, for a sum of Rs. 6,500/-. In his favour, about 22 years ago, and that possession was delivere...

Alumeco India Extrusion Limited and anr. Vs. Commercial Tax Officer an ...

Court: Andhra Pradesh

Reported in: (2010)27VST419(AP)

ORDERRamesh Ranganathan, J.1. While Writ Petition No. 52 of 2009 arises under the Andhra Pradesh Value Added Tax Act, 2005 (for short, 'the APVAT Act'), Writ Petition Nos. 53 and 54 arise under the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the APGST Act'). The first writ petition relates to the validity of an assessment order and the second and the third writ petitions relate to the validity of reassessment orders.2. Pursuant to a search conducted on the petitioner-company, the Central Excise Department issued a notice calling upon them to show cause as to why action should not be taken against them, under the provisions of the Central Excise Act, 1944 and the Rules made thereunder, for violation of the provisions mentioned in the notice. The Vigilance and Enforcement Wing of the Commercial Taxes Department seems to have forwarded a copy of the show-cause notice, issued by the Central Excise Department, to the assessing officer who, solely on the basis of the said show-ca...

V. Ramachandar Rao Vs. K. Praveen and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order: (Per Sri K. Satyanand, Honble Member) 1) Having heard the learned counsel for the complainant and having perused the record, we are of the opinion that this complaint can be disposed of at the stage of admission. 2) The facts of the complaint in brief are as follows : The complainant, claimed to be a retired Regional Transport Officer owns 10 acres of agricultural land in Guntur District. He was on the look out for agricultural implements. In that process he came into contact with Opposite Parties 1 to 4 a partnership firm under the name and style of M/s. Elite Agro Enterprises who claimed to have been appointed by M/s. Ramchand and Sons, Opposite Party No. 5 herein who in turn was running an agency business of manufacturing Harvesters Combine Machineries. It is his further case that Opposite Party No. 6 a branch of reputed Nationalised Bank was close to Opposite Parties Nos. 1 to 4 being its customers. During the business transactions the complainant was actually in need...

Precision Infratech Ltd. Rep. by the Authorised Signatory Amit Vibhaka ...

Court: Andhra Pradesh

Reported in: 2009(5)ALT702

ORDERC.V. Nagarjuna Reddy, J.1. In this writ petition, the petitioner questioned the action of respondent Nos. 1 to 3 in qualifying respondent No. 4 for award of contract notified under tender notice No. CEC/Hydel/HD-IV/NSTPD/F.HMW/D. No. 66/2008, dated 16.06.2008. The petitioner sought for a consequential direction to the said respondents to disqualify respondent No. 4 from participating in the tender process and to declare that the petitioner's bid is the lowest among the responsive bids and award contract in its favour.2. The facts necessary for the disposal of the case are stated hereunder:3. The petitioner is a registered special class contractor, specialized in execution of projects relating to Irrigation and Hydro Electric Power generation. Respondent No. 2 issued tender notice dated 16.06.2008 calling for sealed tenders from the registered special class contractors or consortium of firms for Nagarjuna Sagar Tail Pond Dam (NSTPD) Hydro Mechanical works for dam and power house at...

P. Nani (Late) Ramachandra Rao and anr. Vs. Certifying Officer-cum-dep ...

Court: Andhra Pradesh

Reported in: 2009(5)ALT665; (2010)ILLJ117AP

ORDERNooty Ramamohana Rao, J.1. This writ petition has been instituted seeking a writ of mandamus for declaring the Standing Orders certified by the 1st respondent for the 2nd respondent establishment as ultra vires and illegal and for setting aside the order passed by the 2nd respondent on 25.6.2008 transferring the 1st petitioner in terms of such Standing Orders.2. The 2nd respondent is a Star Hotel located at Hyderabad wherein the 1st petitioner was initially employed in the Housekeeping department. He was subsequently shifted to Horticulture wing. By an order passed on 25.6.2008, the 1st petitioner has been transferred to one of it's units coming up at Chennai. This gave rise to the present writ petition. It is the case of the petitioners that prior to the year 2003, there was no trade union in the 2nd respondent establishment and the 2nd petitioner is a trade union which was registered on 3.1.2003 for which the 1st petitioner was one of the two Organising Secretaries. Because, the...

P. Bangaruthalli Vs. Piratla Suryanarayana and Sons and anr.

Court: Andhra Pradesh

Reported in: 2009(5)ALT639

ORDERL. Narasimha Reddy, J.1. The petitioner filed O.S. No. 51 of 1989 in the Court of Senior Civil Judge, Vizianagaram, against the second respondent, for recovery of certain amount. The suit was decreed and after the decree became final, the petitioner filed E.P. No. 89 of 1998. Even during the pendency of the suit, an item of immovable property was got attached before judgment under Order 38 Rule 5 CPC. The same was brought to sale on 23.04.2003. At that stage, the first respondent filed E.A. No. 184 of 2003 under Section 73, read with Section 151 CPC. He pleaded that he filed O.S. Nos. 82 of 1993 and 213 of 1994 in the Court of Junior Civil Judge, Vizianagaram, for recovery of Rs. 26,348/- and Rs. 50,467/-respectively, and that the said decrees have become final. It was alleged that the decrees were transmitted from the Court of Junior Civil Judge, Vizianagaram to the Court of Senior Civil Judge of that place and thereafter, E.P. No. 84 of 2002 was filed for execution thereof. The ...

Voruganti Prabhakar Vs. Vijaya Laxmi Auto Finance

Court: Andhra Pradesh

Reported in: 2009(6)ALT434

ORDERL. Narasimha Reddy, J.1. The petitioner filed O.S. No. 2 of 2006 in the Court of the II Additional District Judge, Nalgonda at Suryapet against the respondents for the relief of rendition of accounts carried on by the partnership firm for the period between 26-11-1995 and December, 2004. He has also filed O.S. No. 3 of 2006 in the same Court for rendition of accounts for the period from 15-11-1999 to the end of December, 2004 in respect of a firm, by name Vijaya Real Estate. The trial of the suits commenced and the recording of evidence on the side of the petitioner was concluded. The trial Court started recording the evidence of the defendants.2. The petitioner filed these two Tr.C.M.Ps. with a prayer to transfer the suits to another Court. According to him, the atmosphere in the trial Court is not congenial. This statement is made on the basis that the learned District Judge did not permit the petitioner to cross-examine D.W.1 and though certain inadmissible and irrelevant docum...

Goulla Appaiah Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2009CriLJ4377

R. Kantha Rao, J.1. The Referred Trial and the Criminal Appeal arise out of the judgment dated 1-5-2009 passed by the II Additional Sessions Judge, Madanapalle, Chittoor District in Sessions Case No. 318 of 2008.2. The appellant (Goulla Appaiah) was tried for the charges under Sections 302, 376(2)(f) and 201 of IPC, was convicted for the said charges and sentenced to death for the offence under Section 302 of IPC, imprisonment for life for the offence under Section 376(2)(f) of IPC and to pay a fine of Rs. 2000/- and also to undergo Rigorous Imprisonment for one year and to pay a fine of Rs. 2000/- for the offence under Section 201 of IPC.3. Since capital punishment was imposed by the learned Sessions Judge, he made a reference and submitted the proceedings to the High Court under Section 366 of Cr. P.C. for confirmation. The appellant also filed the appeal challenging the conviction and sentence passed by the trial Court against him. Thus, both the reference made by the trial Court an...

N. Venkatanarayana Vs. the United India Insurance Co. Ltd., Rep. by It ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

ORAL ORDER: (Per Honble Sri Syed Abdullah, Member.) Appellant counsel called absent continuously. Hence the appeal is dismissed for non prosecution. There shall be no order as to costs....