Court : Andhra Pradesh
Decided on : Nov-12-1998
Reported in : 1999(1)ALD28; 1998(6)ALT318
ORDERS.V. Maruthi, J.1. These writ petitions are filed challenging the validity of the Andhra Pradesh Tax on Luxuries Act, 1987 as amended by Act No.28 of 1996 (hereinafter referred to as the impugned Act) on the ground that it is ultra vires Articles 14, 245, 246, 265, 269, 286, 301 and 304 of the Constitution of India and, therefore, unconstitutional and void as the purported levy of the tax is in effect and substance a tax on sales and, therefore, void, and ultra vires the Section 15 of the Central Sales Tax Act, 1956, and consequently the 1st respondent has forfeited its entitlement to'its proportionate share of additional excise duty collected by the 2nd respondent under the provisions of the Additional Duties of Excise (Goods of Special Importance) Act, 1957. WPNo.16909 of 1996 is filed by M/s. ITC Limited, WP No.16913 of 1996 is filed by M/s. VSR Industries Limited.2. WP No.16914 of 1996 is filed by M/s. Godfrey Philip Limited and others and WP Nos.1560 of 1997 and 25071 of 1997...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-04-1998
Reported in : 1998(2)ALD689; 1998(3)ALT175
1. The Writ Petition is filed seeking writ of Mandamus directing the Respondents not to permit the 5th respondent to set up Rice Mill at Akiveedu village or any other place within the residential area of Akiveedu Gram Panchayat by setting aside the resolution passed by the 1st respondent Gram Panchayat dated 19-10-1996 as also the permission granted by the 3rd and 4th respondent dated 15-9-1996 and 25-4-1996 respectively. 2. According to the averments in the Writ Petition- the permission was given by the authorities for construction of the Rice Mill in the residential area of Akiveedu Gram Panchayat where there are pucca residential houses. Further, the 1st petitioner obtained permission for construction of a hospital and they also have residential house in that area The 5th respondent was proposing to construct a Rice Mill in S.No.334/12,334/13,335/1 and 335/2 of Akiveedu village abutting the Kalavapudi- Ganapavaram Road with 74 H.P. Electric Motor and 82.5 KVH Generator. Coming to kn...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-30-1998
Reported in : 1998(4)ALD372
ORDERP. Venkatarama Reddi, J 1. The civil miscellaneous appeal is preferred against the interim injunction order passed by the Chief Judge, City Civil Court in IA No.817 of 1998 in OP No.546 of 1998. The original petition was filed under gection 11 of the Andhra Pradesh (Telangana Area) Public Societies Registration Act (hereinafter referred to as 'the Act') by the respondent-association. Pending the said original petition, interlocutory application was filed seeking interim relief in the nature of injunction restraining the respondent in the original petition from proceeding with the election process for electing the office-bearers of the association for the year 1998-2000. By an elaborate order passed by the learned Chief Judge, the said application was allowed and an interim injunction was granted against the respondent from conducting the proposed election scheduled to be held on 20-6-1998. An advocate-commissioner was appointed .to take possession of the movable and immovable prop...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-29-1998
Reported in : 1998(4)ALD559; 1998(4)ALT526
ORDER1. Initially the petitioner joined the services of the third respondent-Board, namely, the Andhra Pradesh State Social Welfare Board, as Personal Assistant to the Chairperson in the year 1964. Subsequently, the petitioner was promoted as Secretary of the third respondent Board in the year 1966 and thereafterwards she was functioning as Secretary of the Board. Under the Regulations governing the services of the petitioner, she had to retire from the services on attaining the age of 58 years. In other words, in the normal course, she would have been retired with effect from 31-12-1997.2. On 29-3-1996, the petitioner submitted a letter to the Chairperson of the third respondent-Board expressing her desire to retire voluntarily with effect from 31-10-1996 due to certain domestic constraints and requesting the Chairperson to permit her to do so. It appears that the proposal of the petitioner to retire voluntarily was forwarded to the second respondent, namely, the Central Social Welfar...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-25-1998
Reported in : 1998(6)ALD449; 1998(6)ALT74
ORDERP. Ramakrishnam Raju, J.1. In this Batch of writ petitions, the Constitutional validity of the Andhra Pradesh Rural Development Act, 1996 is being challenged as violativc of Article 286(2) of the Constitution of India on the ground that the State Legislature is not competent under any of the entries in list II of the VII Schedule to the Constitution to levy Rural Development Cess and consequently to quash the individual demands issued by the first respondent demanding cess from the writ petitioners.2. Most of the petitioners are registered firms, while some of them are individual traders engaged in the business of rice milling. Theyare regularly submitting returns to the Commercial Tax authorities reflecting their turnovers of purchase of paddy as well as sale of rice every year and accordingly tax is being paid. While so, the State of Andhra Pradesh enacted A.P. Rural Development Act, 1996 - hereinafter called 'the Act' purporting to levy cess which is in the nature of a tax whic...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-20-1998
Reported in : 1998(3)ALD273; 1998(3)ALT1
ORDERP. Ramakrishnam Raju, J.1. This Civil Revision Petition has come up before us on a reference made by our learned brother T.N.C. Rangarajan J., who felt that there is conflict between two decisions rendered by Justice Ramachandra Raju in Nagappa v. Krishnasa, 1971 (2) An.WR 141 and the decision rendered by Justice Venkatrama Sastry in Shankar Rao v. Ramakrishna Rao Hulsulkar, 1974 (1) APLJ (SN) 22; regarding interpretation of Section 10(3)(a)(i)(b) of A.P. Buildings (Lease, Rent & Eviction) Control Act 1960 hereinafter called 'the Act'. Interpreting this provision, Ramachandra Raju J, observed the word 'instead' occurring in clause (b) should be read as 'in additionto'; while Justice Venkatrama Sastry felt the word means 'instead'. Justice Venkatrama Sastry doubted the interpretation placed by Justice Ramachandra Raju and Justice Rangarajan shared the said doubt. Hence he made the reference.2. Before answering the reference, it is necessary to briefly narrate relevant facts which g...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-27-1998
Reported in : 1998(6)ALD663; 1998(6)ALT608
1. This CCCA is filed against the order passed by the learned SecondAdditional Chief Judge, City Civil Court. Hyderabad, in EA No. 14 of 1995 in EP No. 20 of 1991 in OS No.29 of 1965 dated 8th July, 1998.2. The appellant is the petitioner-third party before the lower Court. He filed an application before the Court below under Order 21, Rule 97 read with Section 151 of CPC to enquire into the objections raised with regard to the right, title and interest and also the executability of the decree against the properties situate in S No. 129/51 and 52 belonging to the petitioner. Though the case had a long history only the relevant events and particulars which arc necessary for disposal of the appeal are referred to in this order.3. The suit in OS No.29 of 1965 was filed by one Mr. V. Radha Krishna Sastry against seven defendants seeking decree for specific performance of agreement of sale dated 29-12-1963 and for possession of the suit schedule property viz., Ac. 12-09 gts, being the weste...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-05-1998
Reported in : 1998(3)ALD373; 1998(3)ALT295
1. Heard both sides.2. The third party-petitioner has filed this revision aggrieved by the orders passed in E.A.No.128/93 in E.P.No. 51/92 in O.S.No. 699/90 on the file of XI Assistant Judge, City Civil Court, Secunderabad, dated 15th March, 1996 rejecting the petitioner's application filed under Order 21 Rule 97 C.P.C.3. Mr. M.A.Shakoor, the learned Counsel for the petitioner submits that the petitioner was in occupation of Ihe premises bearing Municipal No. 11-2-165 and 166 situated in Mylargadda, Secunderabad, in his own right as tenant of the 2nd respondent. Earlier, he had fileda suit in O.S.319/1993 on 12-10-1993 against the respondents on the file of the III Additional Judge, City Civil Court, Secunderabad and obtained orders of 'Slants-quo' in I.A.No.1868/1993, dated 12-10-1993 and he brought the Status-quo order passed by the learned Judge to the notice of the Court and that he is not bound by the decree which is sought' to be executed in respect of the premises on the ground ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : May-01-1998
Reported in : 1998(3)ALD688
ORDERUmesh Chandra Banerjee, CJ 1. Global maturity in recent years in regard to the concept of ecological imbalance cannot in any way be doubted -- but what does the expression 'ecology' means : Ecology in common acceptation mean and imply the study of home or the household of nature to be kept in order. George L Clarice in his Elements of Ecology has stated that every living thing is surrounded by materials and forces which constitute its environment and from which it must derive its needs and contact with the environment is inescapable. It is on this perspective, it is to be considered as to whether on the wake of Twenty First Century when there is such an awareness and maturity throughout the Globe in regard to maintenance of ecological equilibrium, Law Courts should be justified to lend a blind eye and deaf ear in regard to this concept of ecological imbalance if raised before it. Ecological imbalance, undoubtedly, is a social problem and in this context the observations of the Cal...
Tag this Judgment!Court : Andhra Pradesh
Decided on : May-01-1998
Reported in : 1998(3)ALT516
Umesh Chandra Banerjee, C.J.1. Global maturity in recent years in regard to the concept of ecological imbalance cannot in any way be doubted - but what does the expression 'ecology' means: Ecology in common acceptation mean and imply the study of home or the household of nature to be kept in order. George L. Clarke in his Elements of Ecology has stated that every living thing is surrounded by materials and forces which constitute its environment and from which it must derive its needs and contact with the environment is inescapable. It is on this perspective, it is to be considered as to whether on the wake of Twenty First century when there is such an awareness and maturity throughout the Globe in regard to maintenance of ecological equilibrium, Law Courts should be justified to lend a blind eye and deaf ear in regard to this concept of ecological imbalance if raised before it. Ecological imbalance, undoubtedly, is a social problem and in this context the observations of the Calcutta ...
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