Court : Andhra Pradesh
Decided on : Nov-18-2004
Reported in : (2008)11VST184(AP)
ORDERS. Ananda Reddy, J.1. These writ petitions are filed by the registered dealers, who are the rice millers, aggrieved by the order of the Sales Tax Appellate Tribunal in Satyanarayana Raw and Boiled Rice Mill v. State of A.P. [2002] 34 APSTJ 153, and the consequential circulars issued by the Commissioner of Commercial Taxes, dated February 24, 2003 directing all the officers to follow the said decision, and also the consequential revision orders passed by the Deputy Commissioner (CT), revising the order of assessment made under the Central Sales Tax Act, 1956 (hereinafter referred to as 'the Act').2. In all these cases assessments were framed under the provisions of the Act by the respective assessing officers computing the benefit under Section 8A(1)(a) by applying the formula and thereafter granted the benefit of rebate in terms of Section 15(c) of the Act and thus determined the tax liability of the respective dealers. However, the revisional authorities issued notices after a la...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-23-2004
Reported in : 2004(5)ALD807; 2004(5)ALT755
1. The judicial somersault for a decade in the hands of the Division Benches and the Full Bench and the decisional upheavals inherent in the system continue to make the litigant under the perennial predicament and speculation. This is one such instance, we are called upon to clear the riddles.2. The matter is brought before us on a reference made by a learned Single Judge (BPRJ) in regard to the decision rendered by the Full Bench of this Court reported in Motichand Jain v. Jaikumar M, : AIR2004AP136 (FB).3. The issue that arises for consideration is(a) Whether A.P. Civil Court (Amendment) Act, 30 of 1989 is retrospective or prospective in operation?(b) Whether there is any distinction between vested right and right to forum? 4. The Andhra Pradesh Civil Court Act, 1972 was brought into statute book with effect from 1.11.1972. The pecuniary jurisdiction of Courts both original and appellate and as also the forum are being amended from time to time. By A.P. Civil Court (Amendment) Act, 3...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-16-2004
Reported in : 2004(3)ALD695; 2004(3)ALT781
B. Sudershan Reddy, J 1. These writ petitions are interconnected and require to be disposed of by a common order.2. The petitioner, Dr. Reddy's Laboratories, inter alia, is a manufacturer of drug known as 'Norfloxacin', which is useful for treatment of urinary infections. The petitioner claims to be the largest manufacturer of 'Norfloxacin' as bulk drug in the country and also exports substantial quantities of the bulk drug,3. The petitioner in these writ petitions challenges the decisions of the Government of India dated 13.12.1996 and 27.12.1995. The Government of India vide its impugned decision dated 13.12.1996, in exercise of the powers conferred by sub-paragraph (1) of Paragraph-3 of the Drugs (Price Control) Order, 1995 (for short 'DPCO, 1995'), fixed the price of the bulk drug 'Norfloxacin' at Rs. 2162/- per kilogram. Likewise, in exercise of power under sub-paragraph (1) of Paragraph-9 of the DPCO, 1995 the Central Government fixed the prices of 'Norfloxacin' tablets as the se...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-28-2004
Reported in : 2005(1)ALT249
ORDERB. Sudershan Reddy, J.1. It is universally agreed amongst the Democratic States that 'Rule of Law' is a vital element in a free democracy. This principle is enshrined in our Constitution and jealously guarded by the Courts. The very concept of 'Rule of Law' encompasses a just legal system and a just legal system has rules, and principles that are understood by those applying them. The Rules apply to all persons. No one should be above the law, and all people should be treated equally as Lord Denning recalled Thomas Fuller's words 'Be you never so high, the law is above you'.Professor Dicey, observed:'When we speak of the 'rule of law' as a characteristic of our country, not only that with us no man is above the law but that every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals. In England the idea of legal equality, or the universal subjection of all classes to one law administered by th...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-29-2004
Reported in : 2005(1)ALD421; 2005(1)ALT264; 2005(1)ARBLR454(AP)
T. Meena Kumari, J.1. As the parties in both the CMAs are one and the same and the issue involved in those CMAs are identical, they are being disposed of by this common order.2. CMA No. 255 of 2003 has been directed against the decree and order dated 10-10-2002 in OP. No. 989 of 2001 on the file of the Principal District Judge's Court, Visakhapatnam whereas CMA No. 624 of 2003 has been filed against the decree and order dated 1-11-2002 in O.P. No. 96 of 2002 on the file of the Principal District Judge's Court, Visakhapatnam.3. The appellant herein is the petitioner in OPs and the respondents herein are the respondents in the OPs. The appellant in both the OPs is Hindustan Shipyard Limited rep. by its Chairman and Managing Director through Deputy Manager (Legal) whereas the first respondent in both the OPs is M/s. Essar Oil Limited and the second respondent is the Chairman of the Arbitrary Tribunal and respondents 3 and 4 are the arbitrators of the said Tribunal.4. The brief facts that ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-28-2004
Reported in : 2005(1)ALD356
B. Sudershan Reddy, J.1. It i universally agreed amongst the Democratic States that 'Rule of Law' is a vital element in a free democracy. This principle is enshrined in our Constitution and jealously guarded by the Courts. The very concept of 'Rule of Law' encompasses a just legal system and a just legal system has rules, and principles that are understood by those applying them. The rules apply to all persons. No one should be above the law, and all people should be treated equally as Lord Denning recalled Thomas Fuller's words 'Be you never so high, the law is above you'.Professor Dicey, observed:'When we speak of the 'rule of law' as a characteristic of our country, not only that with us no man is above the law but that every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary Tribunals. In England the idea of legal equality, or the universal subjection of all classes to one law administered by the ordi...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-03-2004
Reported in : 2004(2)ALD105; 2004(2)ALT259
B. Sudershan Reddy, J. 1. This is an application to recall the order of the Division Bench dated 11.6.1999 made in WP No. 8939 of 1999. The respondents in the writ petition are the petitioners in this application purported to have been filed under Section 151 of the Code of Civil Procedure.2. That in order to appreciate the question as to whether any case is made out for recalling the order of the Division Bench dated 11.6.1999 made in W.P No. 8939 of 1999, a few relevant facts may have to be noticed leading to the filing of this application.3. The respondents herein claiming themselves to be the true and absolute owners of the land admeasuring Ac.3.98 cents in Sy.No. 449/5A2C2 situated in Kanigiri Town and Mandal, Prakasam District (for short 'the said land') filed the writ petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking appropriate directions as against the petitioners herein to initiate proceedings under the Land ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-29-2004
Reported in : 2004(2)ALD1; 2004(1)ALT659
P.S. Narayana, J.1. Ranga Reddy District Sarpanches Association, represented by its President and Convenor Sri Girish Sanghi and others had invoked the jurisdiction of this Court under Article 226 of the Constitution of India questioning certain provisions of A.P. Panchayat Raj Act, 1994 and certain Government Orders and Rules by filing W.P. No. 12348/2002. Federation for Empowerment of Local Government by its Presidum Member, Lok Satta by its General Secretary and Dr. Jayaprakash Narayana filed W.P.MP. No. 22300/2003 in W.P. No. 12348/2002 to implead them as Respondents 3 to 5 and in view of the averments made in the affidavit filed in support of the application the said W.P.M.P. No. 22300/2003 is allowed and proposed parties are impleaded as Respondents 3 to 5. The contesting parties had put in lengthy pleadings and also placed ample material before the Court in support of their respective contentions. Likewise, Prasanna, Chairperson, District Level Committee, Zilla Parishad, Nalgond...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-30-2004
Reported in : 2005(3)ALD155; 2005(1)ALT513
ORDERV.V.S. Rao, J.Background of the case1. This common order shall dispose of both the Writ Petitions as common questions of fact and law arise for consideration. The fact of the matter as noticed hereunder is with reference to Writ Petition No. 8733 of 2004, which is not much different from the other, except the context. The N.T.R. University of Health Sciences, third respondent, (hereafter called, the University) issued a notification on 9-6-2003 inviting applications for entrance test for admission to fourteen seats of Master of Dental Surgery (MDS) in Government Dental College, Hyderabad. The entrance test was conducted on 27-7-2003 and the results were announced on 11-8-2003. First petitioner, Dr. G. Rajni Kumar belongs to Backward Class D-Group. (B.C-D). He obtained rank 8 and second petitioner Dr. S. Sushma Kumari, who belongs to B.C.-B category also appeared in the entrance test and obtained rank 23. All the persons, who were qualified in the entrance test were asked to appear...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-20-2004
Reported in : 2004(6)ALD391
L. Narasimha Reddy, J.1. These two civil miscellaneous appeals are between the same parties and relate to the same subject-matter. Hence, they are disposed of through a common judgment.2. The appellant and the respondent in both the appeals are manufacturers and traders in textiles. Both of them deal in 'dyed casement' cloth, which is used mostly for making undergarments. They have their place of business at Sircilla, Karimnagar district.3. The appellant filed O.S. No. 8 of 2002 in the Court of the III Additional District Judge, Karimnagar against the respondent for the relief of permanent injunction, restraining him from using the trade marks, under which he is said to have been carrying on the business, and for awarding of damages quantified at Rs. 1,50,000/- for the loss of profit on account of the acts of passing off. The appellant pleaded that his is a reputed proprietary concern, undertaking manufacture and business of dyed long cloth, casement, poplin etc., and that ever since 1...
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