Andhra Pradesh Court August 1977 Judgments
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Jalagam Sitarama Rao and anr. Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-31-1977
Reported in: AIR1978AP82
Madhava Reddy, J.1. These two transfer C. M. Ps. under S. 24 of the Civil P. C. are for the transfer of the suits from the Agency Court to a Civil Court. Tr. C.lM. P. No. 5301/77 is filed for transfer of the suit, O. S. No. 5/77 on the file of the Agent to Government at Khammam to the Court of the Subordinate Judge at Khammam. Tr. C. M. P. No. 7231/77 is for the transfer of O. S. No. 8/76 on the file of the Agent to the State Government (District Collector), Warangal to the file of the Subordinate Judge's Court or District Judge's Court at Warangal.2. Both the suits are filed against the State of Andhra Pradesh represented by the District Collector who is also designated as the Agent to the Government in the respective areas. For the disposal of these petitions, it is enough to state the facts in Tr. C. M. P. No. 5301/77. That suit is filed for an injunction against the Government and in particular against the Agent to the Government restraining him from interfering with the possession...
Addl. Commissioner of Income-tax Vs. S.R.Y. Ankineedu Prasad
Court: Andhra Pradesh
Decided on: Aug-26-1977
Reported in: [1978]115ITR78(AP)
S. Obul Reddy, C.J.1. The assessee, S. R. Y. Ankineedu Prasad, is an individual. He purchased during the year of account ending with March 31, 1966, 48,123 equity shares of a public limited company called 'Challapalli Sugars Ltd.' from his brother for Rs. 6,58,804, i.e., at Rs. 13'69 per share. This purchase of equity shares in Challapalli Sugars Ltd. was made by him in order to obtain controlling interest in the said company in which he (the assessee) and his another brother had substantial shareholdings. The consideration paid by him for purchasing the shares in Challapalli Sugars Ltd. consisted partly of cash of Rs. 1,00,000 and partly by transfer of 12,724 equity shares in K. C. P. Ltd., Vuyyur, another public limited company. He transferred the equity shares in K. C. P. Ltd. at the face value of Rs. 10 per share and for the balance of consideration of Rs. 4,34,346, he executed a promissory note in favour of his brother. In the return filed for the assessment year 1966-67, the asse...
Mohd. Yousuf and ors. Vs. Industrial Tribunal and ors.
Court: Andhra Pradesh
Decided on: Aug-26-1977
Reported in: (1978)IILLJ329AP
ORDER1. This is a petition under Article 226 of the Constitution of India for the issue of a writ of certiorari to quash the order of the Industrial Tribunal in I.D. No. 17 of 1972 by which the Tribunal rejected the claim of the workmen that they are entitled to be absorbed in the Hindustan Aeronautics Ltd. (for short HAL), Hyderabad Division with protection of emoluments. The petitioners, who are 24 in number, were employed in the Bangalore Division of HAL at one of its detachments at Begumpet, The HAL was employing workmen for the purpose of servicing and for maintenance of aircraft of the Indian Air Force at various centres and was having detachment of its employees at these centres. Begumpet was one such centre. At the Begumpet centre there were three categories of employees, viz., (1) those who were sent on deputation from Bangalore to Begumpet detachment ; (2) those that were transferred to Begumpet; and (3) persons locally recruited. The petitioners belong to the second and thir...
Commissioner of Income-tax Vs. Omer Khayyam Wineries (P.) Ltd.
Court: Andhra Pradesh
Decided on: Aug-22-1977
Reported in: [1979]120ITR859(AP)
Ramachandra Raju, J.1. The question referred by the Income-tax Appellate Tribunal is :' Whether, on the facts and in the circumstances of the case, the payment made to Mr. Jeen Roy, or any part of it, could be treated as capital in nature '2. The assessee is a private limited company established for the production of wines. The assessee appointed one Mr. Jeen Roy of France, for rendering necessary help in setting up a modern and up to date plant for the manufacture of wines. The assessee and Mr. Roy entered into an agreement. Under the agreement, Mr. Roy was to supervise the erection of plant and render help in processing and blending of wines. As it would appear from the order of the AAC, the expenditure incurred on Mr. Roy by the assessee was Rs. ,20,478 up to April 3, 1968 (on which date the production of the assessee-company started) and, Rs. 77,446 subsequent to April 3, 1968. The question is whether these two amounts incurred by the assessee are to be treated as incurred towards ...
Budha Veerinaidu Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Aug-17-1977
Reported in: [1983]143ITR1021(AP)
Divan, C.J. 1. This writ appeal is directed against the judgment of our learned brother, Raghuvir J., dismissing the writ petition filed by the present appellant. The main question arising in this case is whether the Market Committee functioning under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966, is a local authority for the purpose of the Land Acquisition Act of 1894.2. The petitioner before us challenges a notification issued under Section 6(1) of the Land Acquisition Act. It was issued on July 10, 1972. Thereafter a notification under Section 6 of the Act was issued on September 2, 1974, and it was proposed to acquire 12.02 hectares of land in Anakapalli town for the needs of Anakapalli Market Committee. There was an earlier litigation also between the parties and it has been contended on behalf of the petitioner herein that the Market Committee is a company and the provisions in Pt. VII of the Land Acquisition Act should have been made applicable. It is...
Katikirddi Gavaramma and ors. Vs. Surireddi Satyam
Court: Andhra Pradesh
Decided on: Aug-12-1977
Reported in: AIR1978AP144
1. The appellant herein filed I. A. No. 208/1974 in A. S. No. 31 of 1972 on the file of the Court of the Subordinate Judge, Narsapur, under the provisions of O. 23, Rule 3 and S. 151, C.P.C., to record full satisfaction in O. S. No. 306/1971 on the file of the Court of the District Munsif, Narasapur and pass a decree accordingly.2. The facts leading up to the application may be briefly stated: The respondent in the appeal filed O. S. No. 306 of 1971 on the file of the District Munsif's Court, Narsapur, for recovery of money due under a promissory note said to have been executed by the appellants Gavaramma and two others. He obtained a decree. The appellants preferred A. S. No. 31 of 1972 on the file of the Court of the Subordinate Judge, Narsapur. During the pendency of that appeal, the appellants herein had filed I. A. No. 208 of 1974 under O. 23, Rule 3 and S. 151 of the Civil P. C. The prayer in the petition was to record satisfaction of the decree which was appealed against on the ...
Kota Karrenna Vs. Kota Paravathamma
Court: Andhra Pradesh
Decided on: Aug-12-1977
Reported in: AIR1978AP398
1. This is an appeal from an order made against the petitioner in O.P.6 of 1975. The appellant petitioner has filed an application under S. 25 of the directing the respondent, his wife to return to him the custody of his minor son Remamurthi. The application was dismissed with costs.2. The petitioner was aged about 30 years and his wife was aged about 25 years on the date when the original petition was filed. It is the petitioner's case that he and his wife were married in about the year 1966. On September, 30, 1967 a son named Ramamnurthi was born to the couple. The petitioner averred that his wife withdrew from his society in July, 1974 i. e., about 7 years after the birth of the child. Ramamurthy without any just cause and never returned to live with the petitioner. She had taken away the minor son Ramamurthy along with her. The petitioner had filed on O. P. for restitution of conjugal rights against his wife. As per the law, the latter is entitled to the custody of his minor son wh...
J. Ganapathy and ors. Vs. Managing Director, Nellore Co-op. Spinning M ...
Court: Andhra Pradesh
Decided on: Aug-12-1977
Reported in: (1979)ILLJ364AP
Alladi Kuppuswami, J.1. The petitioners in these two writ petitions are permanent workers of the respondent, Nellore Co-operative Spin ning Mills Ltd. The mill was closed on 24th May, 1975, until further notice on the ground that there was clash among the workers on the night of 23rd May, 1975 which resulted in the death of a worker and serious injuries to a number of workers, and the situation became tense, and the management felt that the normal working of the mill was likely to endager the person and property of the mill Thereafter by a G. O. Ms. No. 840 dated 27th August, 1975, a notification was published including the respondent-mill in the First Schedule to the Andhra Pradesh Relief Under takings (Special Provisions) Act XIX of 1971 (referred to in this judgment as the Relief Undertakings Act). Another notification was made on the same day in G.O. Ms. No. 842 declaring that the respondent-mill shall be deemed to be a relief undertaking. Another notification comprised in the same...
The Additional Commissioner of Income-tax, (Andhra Pradesh, Hyderabad) ...
Court: Andhra Pradesh
Decided on: Aug-10-1977
Reported in: [1977]110ITR468(AP)
Divan, C.J.1. These two matters have been placed before a Full Bench of five Judges in view of the order of reference made by a Division Bench of which one of us (Divan C. J.) was a member on December 1, 1976. Those two matters were referred to a larger Bench in view of the conflicting decisions of the different High Courts on the point which is involved in both these matters.2. The question that has to be decided is whether the provisions of S. 187 of the Income-tax Act , 1961 (hereinafter referred to as 'the Act') can be invoked by the Income-tax authorities, when a partnership firm is dissolved; and after the dissolution of the partnership firm, the business of the firm is continued by another partnership firm in which one or more of the partners of the dissolved firm have also joined and there are thus common partners between the dissolved firm and the new firm which continues the business of the old firm.3. In order to appreciate the controversies arising in both these matters, we...
S. Rama Rao and ors. Vs. the Jawaharlal Nehru Technological University ...
Court: Andhra Pradesh
Decided on: Aug-08-1977
Reported in: AIR1978AP264
Lakshmaiah, J. 1. The validity of Statute No. XIV-25 (i) and (ii) of the first statutes of the Jawaharlal Nehru Technological University made and notified by the Governor of Andhra Pradesh in exercise of the powers conferred by Sub-s. (1) of S. 24 of the Jawharlal Nehru Technological University Act, 1972 (referred to hereinafter merely as 'the Act') is assailed in this writ petition filed under Art. 226 of the Constitution of India on the ground that it is violative of Art. 14 of the constitution in India.2. During the course of arguments on the basis of what is contained in reply affidavit the validity of the classification in Statute XIV (1) and the categorisation in Statute XIV-25 were also assailed on the ground that they are ultra vires.FACTS:3. The petitioners who were working in the Government Engineering Colleges prior the October 2, 1972 were transferred to the Jawaharlal Nehru Technological University (referred to hereinafter merely as 'the University') along with the enginee...
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