Court : Andhra Pradesh
Reported in : 2005(3)ALD281; 2005(4)ALT26
Devinder Gupta, C.J.1. Learned Single Judge by his order dated 2-8-2000 allowed the writ petition of the respondent-contractor, hereinafter referred to as the 'petitioner', thereby declaring the action of the first appellant in issuing the order in G.O.Ms.No. 118, Irrigation and CAD Department, dated 29-6-1998 and the consequential actions of the other appellants in giving effect to the impugned orders by way of making payment under final bill to the writ petitioner resulting in non-payment of Rupees 3.03 crores as illegal, arbitrary, discriminatory and unconstitutional and consequently directing the appellants to make payment of the withheld amount, including the recovered amount with interest from the date of passing of the impugned order.2. The appeal questioning the said order of the learned Single Judge is filed by the State Government, inter alia, on the ground that the learned Single Judge ought not to have entertained money claim of the writ petitioner in respect of a commercia...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1989AP255
Yogeshwar Dayal, C.J. 1. This is an application filed by M/s. Transworld Shipping Service India Pvt. Ltd. (Petitioner-appellant) for condonation of delay of 466 days in preferring an appeal against the judgment of the learned single Judge (Raghuvir, J., as he then was) dated 20th March, 1987. The application is opposed by M/s. Harwan Investment and Trading Pvt. Ltd. (respondent-plaintiff) which filed the suit, C.S. No. 1 of 1984, against defendants I and 3, the ship and its owner respectively, and the 3rd defendant (petitioner-appellant) who is an agent of the 2nd defendant for a joint and several decree for recovery of Rs. 14,25,000/-with interest. The learned single Judge decreed the suit as prayed for. Against that judgment, the defendants 1 and 2 filed an appeal, but no appeal was filed by the present appellant. 2. The 3rd defendant filed the appeal in this Court on 28th July, 1988. As the appeal was barred by limitation, the present application, C.M.P. No. 14272 of 1988, has been ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1974]33STC129(AP)
Gopal Rao Ekbote, C.J.1. These writ petitions have come to us on a reference made by a Bench on 27th July, 1971. The learned Judges were of the view that the decision in Sayanna v. State I.L.R. (1971) A.P. 157, requires reconsideration.2. The essential facts are that the petitioner for the assessment year 1959-60 was assessed to certain tax. Questioning the legality of the assessment order, the petitioner filed W.P. No. 1960 of 1964. The High Court by an order dated 25th February, 1969, quashed the assessment order and remitted the case to be decided in the light of the directions given by the High Court. The assessing authority thereafter again assessed the petitioner to tax by an order dated 14th January, 1970.3. For the assessment year 1963-64, the petitioner was taxed by an order dated 21st January, 1970. For that year the petitioner had not submitted any return.4. These two assessment orders are questioned on the ground that the assessment should have been made within four years f...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(4)ALD145; 1997(4)ALT753
1. This appeal is preferred by the claimant aggrieved by the judgment and award dated March 21, 1990 passed by the Motor Accidents Claims Tribunal, Nizamabad, in O.P. No. 211 of 1998, for enhancing the compensation. The respondents though served, remained unrepresented. 2. It is the case of the claimant that on May 4, 1988 when he was travelling in the trailer of the Tractor bearing No. ATJ 4069 belonging to Respondent No. 1, the accident occurred at about 12-00 noon due to the rash and negligent driving by the Driver of the Tractor. In his deposition as P.W. 2 the claimant stated that the driver was driving the vehicle in a zig-zag manner at a high speed and as a result of which he fell down from the Tractor on the road. He deposed that the accident took place in the out skirts of Kota Armoor and that the wheels of the trailer ran over his left leg and as a result he suffered fracture to his leg. Thereafter, he was taken to the Government Hospital at Nizainabad, where he was an inpati...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(1)ALT516
N.T. Hanumanthappa, J. 1. These two appeals are filed challenging the common judgment and decree dated 2-3-1988, passed by the learned Subordinate Judge. Asifabad in appeals A.S. No. 17/85 and A.S. No. 18/85, wherein the learned Subordinate Judge set aside the judgment and decree passed by the District Munsiff, Luxettipet in O.S. No. 1138/84 on 30-8-85. 2. S.A. No. 401/88 was filed by the first defendant in the suit, whereas S.A. No. 429/88 was filed by the 2nd defendant in the suit. Both the appeals are clubbed and disposed of by a common judgment. The rank of the parties in these appeals referred as in the trial court. 3. The plaintiffs filed the suit for declaration of title and for permanent injunction, over the suit schedule property. 4. A few facts which are necessary to dispose of these two appeals are as follows:- One Venkateswara Rao was the owner of the Plot measuring about 29 guntas situated in S. No. 87 of Mancherial. Venkateswara Rao had two more sons, namely, Ramgopal Rao...
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ORDER: 1. The land in Survey No.228 of Chandole Revenue Village, Pittalavanipalem Mandal, Guntur District was held by one Sri Mohammed Ghalib. He sold that land in favour of the first petitioner in the year 1991. The first petitioner executed sale deed in favour of the third petitioner through sale deed dated 16.10.2010 in relation to that land. It is stated that the second petitioner was owner of 50 cents of land in Survey No.226 in the said village having inherited the same from his father, who is said to have purchased in the year 1968. The second petitioner sold that to the fourth petitioner on 16.10.2010. Both the documents dated 16.10.2010 were presented for registration before the Sub Registrar, Pittalavanipalem, the third respondent herein. He refused to register the documents on the ground that he received information from the Inspector of Wakfs, Guntur, the fifth respondent herein, to the effect that the said lands are owned by a Wakf Institution. The petitioners state that t...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP415; 1965CriLJ602
Basi Reddy, J. (1) This is a petition under Article 226 of the constitution by one Devi Chand for the issue of a writ of certiorari to quash the order of the Collector of Central Excise, Hyderabad in C. No. VIII/ 10/11/63, dated 29-7-1963, imposing on him a penalty of Rupees 50,000/- under S. 112 of the customs Act, 1962(hereinafter called 'the Act') for having abetted the smuggling into Indian customs waters of a large quantity of spice of the value of Rs. 2.7 lakhs in a launch from Ceylon and the subsequent landing of the goods at an unfrequented seashore near Eathamukkala in Ongole taluk, Guntur District. In respect of the same transaction, penalties ranging from Rs. 25,000/- to Rs. 7,00,000/- were imposed on five other persons including one Md. Salab Sahib, who has filed the companion writ petition No. 1248 of 1963. (2) We should like to say at once that the petitioner has chosen to bypass section 128 of the Act, under which an aggrieved person has a right of appeal to the Central ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1963AP281
Narasimham, J. 1. This is an appeal preferred against the judgment of our learned brother, Srinivasachari J. in A. S. No. 505 or 1956 affirming the judgment of Subordinate Judge, Vijayawada, in O. S. No. 197 of 1954 and dismissing the appeal. 2. The facts of the case, which are not in controversy before us, are these : One Rattayya for himself and as guardian of his then only undivided minor son, respondent 7, had executed a mortgage of his family properties in favour of respondent 1 and one Chintalapudi Pullayya, the predecessor-in-title of respondents 2 to 6, for Rs. 3695/-by and under a registered mortgage deed dated 20-9-1929 for the discharge of debts due by himself partly and by his deceased undivided brother Krishnayya. The mortgagees filed a suit O.S. No. 62 of 1941 on the file of the sub-Ordinate Judge, Vijayawada, to enforce the mortgage against Rattayya and his undivided minor son. His minor son was represented by his mother as guardian. It would appear that after the execut...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(2)ALD352; 1999(1)ALD(Cri)504; 1999(1)ALT(Cri)518; 1999CriLJ2465
1. This appeal is directed against the judgment dated 25-8-1993 inCC No.3 of 1993 on the file ofthc Additional Sessions Judge-cum-Special Judge, Vizianagaram under which the appellant (A3) along with other accused (A1 and A2) have been convicted for the offence under Section 8(c) read with Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced to undergo rigorous imprisonment for a term of five years.2. The facts relating to this appeal may be stated briefly as follows :On 16-11-1992 at about 8.00 p.m., PW1 V. Ramaswami, Excise-Snb-Inspector, S. Kola and PW2, M.V.S.S.N. Murthy-Excise Inspector and some others were conducting the route watch, during the course of which, they reached Matcdu tank at about 10.30 p.m. There they noticed a Maruthi Van bearing No. OIU 6362 coming from S. Kola and on suspicion they stopped the said van, PW1 went near the van and opened the door by the side of the driver (Accused No. 1, A2 and A3 were si...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(5)ALD150; 2003(5)ALT143
B. Sudershan Reddy, J.1. This batch of writ appeals as well as the writ petition may be disposed of by a common judgment, since common questions of law and facts arise for consideration between the same parties.2. W.A. No. 936 of 1999 is filed by the Union of India and others against the order dated 26-4-1999 made in W.P. No. 9381 of 1994 by a learned single Judge of this Court, whereas W.A. Nos. 890 and 1407 of 2001 are filed against the order dated 19-4-2001 made by a learned Single Judge of this Court in W.P. No. 12124 of 2000, by the Executive Officer, Secunderabad Cantonment Board and Defence Estate Officer, A.P. Circle. Secunderabad respectively.3. W.P. No. 801 of 2003 is interconnected and, therefore, the same is also taken up for disposal along with these writ appeals.W.A. No. 936 of 19994. That one S.M. Hussain Rasheed (hereinafter referred to as 'the writ petitioner') filed W.P.No. 9381 of 1994, out of which W.A.No. 936 of 1999 has arisen, challenging the action of Union of I...
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