Andhra Pradesh Court December 1969 Judgments
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Pithana Apprao Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Dec-31-1969
Reported in: AIR1970AP318
Gopal Rao Ekbote, J. 1. These petitions filed under Article 226 of the Constitution of India question the validity of the notifications issued under S. 3 of the Andhra Pradesh Slum Improvement (Acquisition of Land) Act. 1956, hereinafter called 'the Act'. The main attack in all these petitions is on the validity of the Act itself under which the impugned notifications were issued. These petitions raise common questions of law. They can therefore conveniently be disposed of by a common judgment. 2. A Bench of this Court thought that important questions involving far-reaching consequences both to the State as well as to the citizens are involved in the petitions which challenge the constitutional validity of the Act and has referred these cases to a Full Bench. That is how the matter has come before us. The attack on the validity of the Act is twofold; (1) under Article 14 and (2) under Article 31(2) of the Constitution. 3. The first contention of the learned Advocates appearing for the ...
A.P. Paper Mills Limited Vs. Government of Andhra Pradesh (Labour Empl ...
Court: Andhra Pradesh
Decided on: Dec-31-1969
Reported in: 2009(6)ALT424
ORDERP.V. Sanjay Kumar, J.1. A reference under Section 10(1)(d) of the Industrial Disputes Act, 1947 (for brevity, 'the Act of 1947') by the Government of Andhra Pradesh is called in question in this writ petition.2. The petitioner is a public limited company engaged in the manufacture of Paper and Paper Boards. The third respondent is a registered Trade Union of its workmen, by name 'A.P. Paper Mills United Employees' Union'. The petitioner company claims to have promoted 19 of its employees from Grade B-3 to Grade M-8 in 1999, whereby they became Assistant Technical Officers. According to the petitioner company, these 19 employees attained the status of Officers and also became members of an Officers' Union known as 'A.P.P.M. Officers' Association'.3. While so, it appears that the third respondent Workmen's Union raised a dispute before the Assistant Commissioner of Labour, Rajahmundry, stating that these 19 employees were subjected to discrimination in the matter of fixation of pay ...
The Oriental Insurance Co. Ltd., Represented by Its Divisional Manager ...
Court: Andhra Pradesh
Decided on: Dec-31-1969
Reported in: 2007(3)ALD138
C.Y. Somayajulu, J.1. On behalf of the minor-first respondent, her mother filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') seeking compensation of Rs. 75,000/- alleging that the minor-first respondent suffered grievous injuries due to the rash and negligent driving of the second respondent while driving the bus belonging to the third respondent, which is insured with the appellant.2. The second respondent chose to remain exparte. Third respondent filed a counter putting the first respondent to proof of the averments of the petition and contended that inasmuch as the second respondent was having a valid and subsisting driving licence at the time of the accident, the compensation is payable by the appellant. The appellant filed its counter putting the first respondent to proof of the averments in the petition and the third respondent to proof of the fact that the second respondent was having a valid and subsisting driving licence at the time ...
Kumar Chemicals and Fertilisers (P) Ltd. Rep. by Its Managing Director ...
Court: Andhra Pradesh
Decided on: Dec-31-1969
Reported in: AIR2008AP101; 2008(3)ALD168; 2008(2)ALT484
ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed for a writ of mandamus to set aside notice dated 26.09.2005 issued by respondent No. 2, whereunder the respondents invoked the provisions of Section 29 of the State Financial Corporation Act, 1951 (for short, 'the 1951 Act') for recovery of Rs. 35,79,228/- from the petitioners.2. Petitioner No. 1 is a private limited company of which petitioner No. 2, represented by two GPA holders, namely, Satish Kumar Agarwal and Vimal Kumar Agarwal, is the Managing Director. The Andhra Pradesh Industrial Development Corporation Limited, respondent No. 1 (for short, 'the Corporation') extended equity of Rs. 2.75 lakhs and invested preference share capital of 0.75 lakhs in petitioner No. 1 company. It also sanctioned a term loan of Rs. 3.50 lakhs. The amounts towards the equity and preference share capital were released during the years 1967-69 and a sum of Rs. 3,30,733=59 ps towards term loan was released during the period from 19.04.1969 to...
Dr. (Mrs. Renuka Datla Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Dec-31-1969
Reported in: [1999]107TAXMAN143(AP)
Reddi, J. The petitioner questions the legality of two similar orders. passed by the respondent on 26-2-1999 rejecting the declarations filed by the petitioner under the provisions of Kar Vivad Samadhan Scheme ('the KVSS Scheme') which was introduced by Chapter IV of the Finance (No. 2) Act, 1998 and seeks an order to direct the respondent to 'consider' the declarations filed by the petitioner under section 88 of the Act, on 30-1-1999. Three reasons are given for rejection of the declarations:There does not exist any arrears on 31-3-1998 as seen from the facts stated above.2. The appeal said to be pending is on levy of interest, which has been waived. Hence, there is no dispute.3. The arrear that is sought to be settled relates to the current demand raised on 31-12-1998 which is entirely different from the arrear demand,'The declarations related to the income assessed for the years 1989-90 and 1992-93. The assessments of the petitioners for the aforementioned years were made under sect...
K. Parvathamma Vs. the Commissioner of Excise (Board of Revenue), Govt ...
Court: Andhra Pradesh
Decided on: Dec-29-1969
Reported in: AIR1970AP333
Krishna Rao, J.1. The question involved in this petition which is posted before a Full Bench may be stated as follows. 'What is the stage at which prior sanction should be obtained under S. 47 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, when Agricultural lands are brought to sale under the provisions of the Hyderabad Land Revenue Act (VIII of 1317 Fasil)?'2. In order to appreciate the point of controversy, it is necessary to refer to the facts and circumstances out of which the above writ petition has arisen as also the relevant provisions of law.3. The petitioner filed an application under Article 226 of the Constitution of India for the issued of a writ in the nature of Mandamus directing the second respondent, the Collector of Hyderabad, to hold a fresh auction relating to file No. 1604/58/D5 on the basis of the following allegations. The petitioner's father became liable to pay a sum of Rs. 18, 866-8-0 to the Government being excise arrears and ...
Government of Andhra Pradesh and ors. Vs. Durga Suryanarayna
Court: Andhra Pradesh
Decided on: Dec-29-1969
Reported in: AIR1971AP192
Narasimham, J.1. In all the writ appeals the proceedings of the Regional Transport Authorities either suspending or canceling the stage carriage permits, were impugned as invalid as the non-Offical member had not participated in the said proceedings, Justice Kumarayya as he then was, set aside the proceedings of the concerned Regional Transport Authorities upholding the objection. The Judgment setting aside the orders of the Regional Transport Authorities concerned came up before a Division Bench of this Court which referred the cases as involving points of importance for decision by a Full Bench and that is how the matter has come before us on the orders of the Hon'ble the Chief Justice.2. The points for decision were formulated thus:-(1) Whether the State Government has power under Section 68 to prescribe a quorum for the conduct of business of the Regional Transport Authorities, created under Section 44 of the Motor Vehicles Act, 1939 (Act IV of 1939)? (2) If so, whether the Rule 16...
S.N. Sharma and ors. Vs. the State, Represented by Public Prosecutor
Court: Andhra Pradesh
Decided on: Dec-29-1969
Reported in: 1971CriLJ1056
ORDERVenkateswara Rao, J.1. The only question that has to be answered in this case is as to whether a revision entertained Under Section 435, Criminal P.C. could be dismissed for default.2. In a prosecution under the Mines Act, certain statements said to have been recorded by the Joint Director of Mines who was the complainant in the case, were sought to be put into Court through P.W. 1. This was objected to on behalf of the petitioners, who were accused in that case. This objection was however overruled by the Additional District Magistrate, Executive, and the statements were received in evidence. Aggrieved by this order, the accused preferred a revision to the Sessions Judge, Visakhapatnam. Having admitted the petition, the learned Sessions Judge rejected it on 18-7-1969 on the ground that there was no representation for the petitioners. It is to question the correctness of this order that the present revision has been preferred.3. Having taken the revision on file and called for rec...
Commissioner of Income-tax Vs. B. Gopalakrishna Murthy
Court: Andhra Pradesh
Decided on: Dec-27-1969
Reported in: [1971]79ITR333(AP)
Sriramulu, J.1. In this reference, made to this court at the instance of the Commissioner of Income-tax, Andhra Pradesh, Hyderabad, under Section 66(1) of the Indian Income-tax Act, 1922 (hereinafter referred to as the 'Act'), the following question of law arises for our consideration :' Whether, on the facts and in the circumstances of the case, the gratuity of Rs. 11 250 received by the assessee, on his retirement from the Life Insurance Corporation of India, in accordance with the Staff Regulations of 1960, is exempt from tax by virtue of the proviso to Explanation 2 of Sub-section (1) of Section 7 of the Indian Income-tax Act, 1922 '2. On his retirement from the Life Insurance Corporation of India, the assessee, Sri B. Gopalakrishna Murthy, in accordance with the Staff Regulations of the Life Insurance Corporation of India, received retirement gratuity of Rs. 11,250 from his employers. The Life Insurance Corporation of India deducted the tax at source on the payment of gratuity mad...
Assistant Collector, Central Excise Vs. Nizam Sugar Factory Ltd.
Court: Andhra Pradesh
Decided on: Dec-26-1969
Reported in: 1978(2)ELT489(AP)
N. Kumarayya, C.J.1. We do not think there are any merits in this appeal. The Nizam Sugar Factory Ltd., had started with one factory for which a licence was granted by the Central Excise Authorities. In 1951 an additional factory was started for which a separate licence was obtained in that year. Ever since the Company has been obtaining two separate licences for two distinct factories. It was for the first time in 1967-68 when the Company applied for grant of separate licences as usual, the Assistant Collector expressed that he was prepared to grant only one licence for both the factories but not two separate licences for them. Accordingly the factory was called upon to make a single application for both the factories. Aggrieved by this, the Company invoked the writ jurisdiction of this court claiming that the two factories are distinct and separate, and the company cannot be obliged to treat them as one factory and obtain one licence. No doubt, the two units belong to the same compan...
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