Andhra Pradesh Court December 2015 Judgments
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M/s. Noble Import Private Limited, Telangana rep, by its Manager R. Vi ...
Court: Andhra Pradesh
Decided on: Dec-17-2015
Common Order: (Ramesh Ranganathan, J.) The relief sought for in these Writ Petitions is to declare the action of the respondents in not clearing the jewellery imported with nil duty under the Preferential Tariff Agreement, in issuing communication dated 09.10.2015 and 13.10.2015 calling upon the petitioners to provide further information, not contemplated under the Regulations, as a pre-condition for clearing the goods imported by the petitioner, as illegal, unlawful, contrary to the provisions of Customs Act, Regulations and the Preferential Tariff Agreement. A consequential direction is sought to direct the respondents to clear the goods forthwith. By way of an amendment, to the prayer in the Writ Petitions, an additional relief is sought to declare the action of the Deputy Commissioner of Customs (the 3rd respondent) in issuing Orders in original dated 30.10.2015 denying preferential rate of duty, claimed by the petitioners, as arbitrary, illegal, unconstitutional, and in violation ...
M/s. Sri Balaji Dal Producers and Others Vs. The Director of Agricultu ...
Court: Andhra Pradesh
Decided on: Dec-17-2015
1. This writ petition is filed challenging the action of the respondents in collecting the fee under the provisions of the A.P. Agricultural (Produce and Livestock) Market Act, 1966 (for short the Act ?) for the goods in transit, which are purchased outside the State of Andhra Pradesh, through the respondents Agricultural Market Committee as arbitrary, illegal and capricious and violation of fundamental rights guaranteed under the Constitution of India. It is the case of the petitioners that they are all carrying the business of Dall Mills having obtained the licenses under the Sales Tax Act and also from the Agricultural Market Committee for doing the said business in and around the Nellore District. For the purpose of carrying on business, the petitioners purchase pulses from the States of Maharashtra and Karnataka apart from procuring the pulses from local markets. It is further stated that at the time of purchasing the pulses, the petitioners paid the market fees at the purchase po...
B. Bal Reddy Vs. B. Ram Reddy and Others
Court: Andhra Pradesh
Decided on: Dec-17-2015
1. Heard Sri P. Chandrasekhara Reddy, learned counsel appearing for the revision petitioner and Sri M.Praveenkumar, learned counsel appearing for the respondents. 2. This revision petition arose out of the order dated 06.07.2010 made in IA No.355 of 2010 in OS No.1633 of 2006 on the file of the II Additional Senior Civil Judge, Ranga Reddy at L.B.Nagar. The revision petitioner is the plaintiff and the respondents herein are the defendants before the trial court. 3. The revision petitioner filed a suit before the trial court for perpetual injunction against the respondents in respect of the suit scheduled property, which is an extent of 80 square yards. In the course of trial of the suit, the respondents sought to mark a document titled as Consent Declaration dated 03.04.1989executed by the father of the 1st respondent in favour of the 1st respondent. The revision petitioner plaintiff raised an objection to mark the document contending that the document is a gift deed or sale deed and t...
The Chief Commissioner of Income Tax, Income Tax Department, Visakhapa ...
Court: Andhra Pradesh
Decided on: Dec-16-2015
Common Order: (Ramesh Ranganathan, J.) The question which arises for consideration, in this batch of miscellaneous applications, is whether an interlocutory order, which travels beyond even the main relief sought for in these Writ Petitions and, in effect, results in the Writ Petitions being allowed, without even a counter-affidavit being filed by the respondent-Income-tax Department, can be passed at the stage of admission of the Writ Petitions? Facts. In brief, are that the Deputy Commissioner of Income tax passed an the assessment order, for the assessment year 2012-2013 under Section 143(3) of the Income Tax Act, levying tax on APBCL for Rs.1,468.64 crores. The Assessing Authority relied on the earlier orders of the Income-tax Appellate Tribunal, passed in the appeals preferred by APBCL for the assessment years 2006-07, 2008-09 and 2009-10; and disallowed the deductions claimed by APBCL for the amount paid by them to the Government of A.P, towards value added tax, privilege fee, sp...
Yoginder Garg and Others Vs. Government of Andhra Pradesh, rep. by its ...
Court: Andhra Pradesh
Decided on: Dec-16-2015
Common Order: Contesting parties being common and issues being interlinked, the writ petition and criminal revision are amenable to final disposal by way of this common order. Vijay Kumar Jain, fifth respondent in the writ petition/second respondent in the criminal revision, filed a complaint under Section 190 Cr.P.C. before the learned III Additional Chief Metropolitan Magistrate, Hyderabad (hereinafter, the Court below'), and the same was referred to the Banjara Hills Police Station, Hyderabad, under Section 156(3) Cr.P.C. Thereupon, Crime No.421 of 2012 was registered under Sections 406, 420, 477A and 506 IPC read with Section 120B IPC on the file of the said police station. After investigating the crime, the police filed a final report on 20.06.2012 before the Court below, under Section 173(2) Cr.P.C, referring the complaint as of civil nature'. Aggrieved thereby, Vijay Kumar Jain filed a petition under Section 173(8) Cr.P.C. before the Court below to refer the case for further inv...
M/s. Oil Palm Developers and Processors Association and Others Vs. Sta ...
Court: Andhra Pradesh
Decided on: Dec-15-2015
1. Heard Sri E.Manohar, learned Senior Counsel, appearing for Sri Challa Gunaranjan, learned counsel for the petitioners, learned Government Pleader for Agriculture, appearing for respondent Nos.1 and 2 and Sri S.Appadhara Reddy, learned counsel for 5th respondent. 2. The 1st petitioner is an association of oil palm developers and processors. Petitioner Nos.2, 3 and 4 are Companies registered under the Companies Act, 1956 who are oil palm developers and processors and also members of the 1st petitioner-association. 3. In this Writ Petition, they question G.O.Ms.No.2 dt.18-02-2015 issued by the Government of Andhra Pradesh, Agricultural and Co-operation (Horti and Sericulture) Department. 4. Under this G.O.Ms, the State Government had adopted a formula for pricing of oil palm fresh fruit bunches (FFBs) for the oil year from 01-11-2014 to 31-10-2015 in exercise of powers conferred under Section 13 (1) of the Andhra Pradesh Oil Palm (Regulation of Production and Processing) Act, 1993 (for...
P. Rajini Vs. P. Narasamma and Others
Court: Andhra Pradesh
Decided on: Dec-14-2015
Common Order: These two Civil Revision Petitions are being disposed of by this common order as they arise out of a common cause of action. The plaintiff is the petitioner. She filed O.S.No.15 of 2008 on the file of the learned II Additional District Judge, Madanapalle, seeking partition of plaint schedule properties by metes and bounds into five equal shares and for allotment of one such share to her. After filing the written statement by the defendants, the fourth defendant filed I.A.No.472 of 2014 seeking permission of the Court to condone the delay in receiving the original Will dated 07.10.1995 for the purpose of marking and also filed I.A.No.475 of 2014 for amendment of the pleadings in the written statement by inserting paragraphs 14A to D. Those two applications were allowed by separate orders on 30.01.2015 by the trial court, challenging which the present Civil Revision Petitions are filed. In the affidavit filed in support of the applications, the fourth defendant stated that ...
Commissioner of Income-tax-IV Vs. NE Technologies India (P.) Ltd.
Court: Andhra Pradesh
Decided on: Dec-14-2015
Ramesh Ranganathan, J. 1. Heard Sri J.V. Prasad, learned Senior Standing Counsel for the Income Tax Department, and Sri V. Ramakrishna Reddy, learned counsel for the respondent-assessee. 2. This appeal, under Section 260-A of the Income Tax Act, 1961 (for brevity, 'the Act'), is preferred against the order passed by the Income Tax Appellate Tribunal (for brevity, 'ITAT') in I.T.A.No.1081 of 2013 dated 21.03.2014. A best judgment assessment was passed under Section 144 of the Act by the assessing authority on 21.01.2013 disallowing deductions under Section 10-A of the Act. Aggrieved thereby, the assessee carried the matter in appeal to the CIT (A) who, in his order dated 29.04.2013, observed that the appellant had explained the reasons for non-appearance on some dates, on the ground that the company was in dire straits; they had also stated that the information, sought for by the assessing officer, was fully available; and, on the ground of exceptional circumstances, the assessee had pr...
Datti Kameswari and Others Vs. Marrapu Lakshmunaidu and Others
Court: Andhra Pradesh
Decided on: Dec-11-2015
Common Order: These two Civil Revision Petitions are being disposed of by this common order as they both involve a decision on the nature of the document obtained under the Right to Information Act, 2005 in civil proceedings. C.R.P.No.3031 of 2015: The revision petitioner is the 5th respondent in E.P.No.1 of 2014 on the file of Senior Civil Judge's Court, Parvathipuram, Vizianagaram District. The 1st respondent in the revision petition filed an Election Petition challenging the election of the 5th respondent, who was a successful candidate for the post of Member of Mandal Praja Parishad Territorial Constituency of Gavarampeta Territorial Constituency, Jiyyammavalasa Mandal Praja Parishad in the elections held in the year 2014. The 1st respondent herein, as the petitioner in the said Election Petition wanted to mark the documents obtained under the Right to Information Act, 2005 as exhibits for which the petitioner herein raised an objection on the ground that the said documents are nei...
Alla Venkata Krishna Reddy Vs. Noone Krishna Veni
Court: Andhra Pradesh
Decided on: Dec-11-2015
Heard Sri M.S.Prasad, learned Senior Counsel for the petitioner and Sri Kowturu Pavan Kumar, learned counsel for respondent. The revision is directed against the order dated 30.10.2015 in E.P.No.41 of 2012 in P.L.A.No.349 of 2011 in P.L.C.No.198 of 2011 in the Court of the I-Additional District Judge, Nellore. The circumstances for disposal of the revision are as follows: The revision petitioner is admittedly the tenant of respondent herein of EP schedule. The subject matter of execution petition is as follows: Sri Potti Sreeramulu Nellore District Registration “ Nellore Sub-Registration, Nellore Municipal Corporation, Nellore City, Achari Veedhi, Municipal Ward No.17, Old Door No.294, New Door No.17/2/147- an extent of 38 ankanams of RCC and MTC building in Ground Floor therein and an extent of 38 ankanams of RCC and MTC building in First Floor therein and an extent of 17 ankanams in 3 portions in backyard out of 93 ankanams ?. The petitioner in the EP schedule property is runni...
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