Andhra Pradesh Court February 1966 Judgments
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Syndicate Bank Staff Association (by Its General Secretary) Vs. Region ...
Court: Andhra Pradesh
Decided on: Feb-28-1966
Reported in: (1968)IILLJ712AP
ORDERSeshachelapati, J.1. This is a petition under Article 226 of the Constitution of India for the issue of a writ of certiorari to quash a settlement dated 2 September 1966 purporting to be under Section 18(3) of The Industrial Disputes Act, 1947 and to issue a write of mandamus directing responds 1 and 2 to forbear from giving effect to the said settlement.2. Respondent 1 to this write petition is the Regional Labour Commissioner. Respondent 2 is the Syndicate Bank. Respondent 3 is the Syndicate Bank Employess' Union. Respondent 4 is the All India Bank Emloyess' Association.3. The Syndicate Bank is a limited Banking company with its registered office at Manipal, south Kanara. It has more than 200 branches and more than 3,000 employess. The employess of the bank would appear to be is two groups, or represented by the Syndicate bank Employess' Union (hereinafter called the union) and the other by the syndicate Bank staff Association, petitioner herein (hereinafter called the associati...
Canara Bank Ltd. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-24-1966
Reported in: (1967)IILLJ776AP
Gopal Rao Ekbote, J.1. This petition is filed under Article 226 of the Constitution of India for the Issue of a writ of certiorari or other appropriate writ, order or direction to call for the order G.O. Ms. No. 637 dated 3 April 1963, Home (Labour II) Department, and quash the same.2. The necessary facts in order to appreciate the contention raised before me are that respondent 3 was employed first by G. Raghunathmull Bank, Ltd., which was an incorporated body. The said bank's business was amalgamated with Canara Bank with effect from 4 September 1961.3. Respondent 3 was formerly working as a manager In the head office. He was however subsequently appointed as a special officer on duty to collect what are called sticky advances. While he was holding, that position, his services were terminated on 16 May 1959 giving him three months' salary In lieu of notice.4. Respondent 3 filed Writ Petition No. 596 of 1959 to quash the order of termination of his services. That writ petition, howeve...
First Additional Income-tax Officer, Visakhapatanam Vs. Uppala Peda Ve ...
Court: Andhra Pradesh
Decided on: Feb-23-1966
Reported in: [1967]64ITR93(AP)
These writ appeals arise out of W. Ps. Nos. 191, 205, 207 and 204 of 1963 and they relate to income-tax assessments of the petitioner for the years 1952-53 to 1955-56. In respect of the assessment for the year 1952-53, the petitioner asked for a writ of certiorari. In respect of the other years, he sought a writ of prohibition to forbid the Income-tax Officer at Visakhapatnam from continuing the proceedings he had initiated. As the parties to these appeals are the same and a common question of law is involved in all these appeals, they can be disposed of by a common judgment.The relevant facts are : The petitioner is a partner of two different firms, (1) Vuppala Peda Venkataramaniah & Sons Oil Mill, Anakapalli, and (2) Vuppala Peda Venkataramaniah & Sons, commission kottu. Each of the two minor sons of the petitioner has been admitted to the benefits of one of these two partnerships. Nookaiah Setty, one of the minor sons of the petitioner, is a partner in the oil mill. The other minor ...
Kapoorchand Srimal Vs. Tax Recovery Officer, Hyderabad, and Another.
Court: Andhra Pradesh
Decided on: Feb-16-1966
Reported in: [1967]64ITR279(AP)
GOPALAKRISHNAN NAIR J. - This is a petition under article 226 of the Constitution asking for a writ or an order in the nature of mandamus restraining the respondents from giving effect to the notices dated July 15, 1965, and July 27, 1965, issued by the 1st respondent (Tax Recovery Officer) under rule 73 of the Second Schedule to the Income-tax Act, 1961.The circumstances leading up to this writ petition are briefly as follows :The petitioner is the karta of a Hindu undivided family which was assessed to income-tax for the 5 years, 1955-56 to 1959-60. As the tax was not paid, certificates were issued to the 1st respondent (Tax Recovery Officer) for recovering the tax. As the mode of recovery by attachment of properties did not prove effective, proceedings were taken for realising the tax arrears by arrest and detention of the petitioner in civil prison. Two notices under rule 73 of the Second Schedule to the Income-tax Act, 1961, were issued by the Tax Recovery Officer. The first notic...
Kosana Ranganayakamma Vs. Pasupulati Subbamma and ors.
Court: Andhra Pradesh
Decided on: Feb-11-1966
Reported in: AIR1967AP208; 1967CriLJ849
ORDER(1) One K. Ranganayakamma filed a private complaint against four persons alleging that A-4 dragged her by hair, that A-2 fisted her on the back, that as she extricated herself from them and was trying to get into her house, A-1 beat her with a chappal on her left cheek and that A-3 handed over a stick to A-1 for the purpose of beating her. The learned Judicial Second Class Magistrate, Mangalagiri, took the case on his file under Sections 323, 352, 355 and 109 I.P.C. After full trial, he convicted A-1 under Sections 355 and 323 I.P.C., believing the case of the prosecution about beating and sentenced him to pay a fine of Rs. 50/- and Rs. 30/- respectively and in default to suffer rigorous imprisonment for one month on each count. He acquitted A-2, A-3 and A-4.(2) A-1 filed Crl. Appeal No. 427/64 before the learned Sessions Judge, Guntur. The latter acquitted A-1 together. The complainant filed Crl. R.P.No. 25 of 1964 on 28-10-1964 before the learned Sessions Judge for making a refe...
Tirupathi Cotton Mills, Ltd. Vs. Labour Court and anr.
Court: Andhra Pradesh
Decided on: Feb-11-1966
Reported in: (1968)IILLJ723AP
Kumarayya, J.1. This is a petition for issue of a writ of Ceritorari quashing the Order of the Labour Court, gantur, in Industrial Dispute Nos. 5 of 1956, 17 of 1964 27 of 1964 and 33 of 1964 dated 29th May 1995 and for the further directions as the circumstances of the case may warrant.2. Who facts leading of this petition are these who petitioner - company, an industrial under taking carries in business of purchase of cotton manufacture and sale of farm, It has on its employment about 800 workers It is the case of the petitioner that there is a labour union concerned there with known as 'Tripathi Cotton mills National Labour Union ' duly registered in accordance with the provision of the Indian Trade Union Act of 1926, of which most of the workers are the members that there is no other union of workers for this industrial establishment and the most of the settlements with the management were entered into regarding various matter such as seles of wages etc.; through this union. While ...
Bysani Lakshminarayana Chetty Vs. Gunda Pedda Narayana Chetty and ors.
Court: Andhra Pradesh
Decided on: Feb-10-1966
Reported in: AIR1968AP62
1. Byasni Lakshminarayana Chetty, the appellant in this civil miscellaneous second appeal filed under Section 75 of the Provincial Insolvency Act was adjudicated as an insolvent on 18-4-1962 in I. P. No. 20 of 1961 on the file of the Subordinate Judge's Court, Kurnool. On the very next day, that is on 19-4-1962, he filed I. A. No. 43 of 1962 under Sections 4, 5 and 38 of the Provincial Insolvency Act praying to grant him permission to sell the properties himself instead of by the Official Receiver and pay the rateables to all the creditors, the Official Receiver and the Government and to approve the composition scheme mentioned in the affidavit. In the affidavit it is stated that the insolvent had 55 creditors and his assets are not worth more than Rs. 25,000 whereas his debts amounted to Rs. 85,163. It was alleged that 47 of his creditors had agreed to receive the rateables at Rs. 0-4-0 in a rupee and signed in the accounts books of the insolvent in token of their consent. It was furt...
Public Prosecutor (Andhra Pradesh) Vs. Mulupuri Satyanarayana and ors.
Court: Andhra Pradesh
Decided on: Feb-10-1966
Reported in: AIR1967AP133
(1) These are appeals against the order of acquittal passed by the Additional Judl. 2nd Class Magistrate, Eluru, On 20-2-1964 and raise the following circumstances.(2) Ten accused where charged for being found holding a gambling den in Jolly Club situated in front of Eluru Bus Stand. On the night of 23-8-1963 at about 9 p.m. C. W. I, the Deputy Superintendent of Police, Eluru, raided the Club and found accused 1 to 8 playing cards with stakes. On sighting the Police Officer these players threw the cards and stood up. The Deputy Superintendent of Police thereupon seized the playing cards and some tokens and also money amounting to Rs. 25-07. A-9 and A-10 are the Secretary and the President respect@ The defence raised by the accused was that they are not guilty of the charges levelled against them under Section 8 and 9 of the Andhra Pradesh (Andhra Area) Gaming Act, 3 of 1930 (hereinafter called the Act). After recording the evidence adduced by the prosecution and examining the Deputy Su...
Shivanarayan Laduram Vs. Assistant Commissioner of Commercial Taxes, H ...
Court: Andhra Pradesh
Decided on: Feb-10-1966
Reported in: AIR1967AP253; [1967]19STC50(AP)
ORDER(1) There are two petitions for the issue of separate writs in the nature of certiorari quashing orders dated 31-7-1963 in appeal No. B-1 4602 of 1963 and B-14603 of 1963 passed by the Asst. Commissioner of Commercial Taxes, Hyderabad, South Division and for directing further the 1st respondent to stay the demand of tax, entertain the petitioner's appeals filed on 14th May 1963 and dispose them of on merits according to law.(2) The facts giving rise to these proceedings may be shortly stated:-The petitioner, Ghanshamdas, son of Laduram, resident of Nizamabad carried on business in grains and as commission agents, as the kartha of the joint family under the name and style of 'Shivnarayan Laduram' for several years. The said firm is an assesee on the record of the Sales Tax Department and has been ever submitting its returns regularly. For the assessment year 1956-57 it was assessed to a tax of about Rs. 25,000/- on a turnover of Rs. 7,05,081/2 nP. For the succeeding year on a gross...
Janardhana Rao Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Feb-09-1966
Reported in: AIR1967AP196
ORDER(1) The petitioner, Janardhana Rao, has filed this writ petition praying for the issue of a Writ in the nature of Mandamus or any other appropriate Writ or direction, directing the two respondents to forbear from proceeding further in pursuance of their proceedings in G.O. Ms. No. 822 dated 29-4-1963 (Home Transport-III) and the consequential Notification in R. No. 7245-A2-62 dated 7-5-1963. There are two respondents in this case. The first respondent is the State of Andhra Pradesh. The Second respondent is the Regional Transport Authority, Sirkakulam. Both are represented by the learned Government Pleader.(2) The G.O. runs as follows:-'The Planning and Development wing in the State Transport Authority's office conducted the survey of the traffic in Srikakulam Dist. at some important places on the route Nivatgam to Vizianagaram vis Srikakulam, Nathavalasa and Denkada and considered the need for opening of new route from Nivagam to Visianagaram via. Srikakulam Nathavalasa and Denka...
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