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Andhra Pradesh Court January 1979 Judgments

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Jan 22 1979

Koneru Ramakrishna Vs. the Director of Medical Service and ors.

Court: Andhra Pradesh

Decided on: Jan-22-1979

Reported in: AIR1979AP223

Sambasiva Rao, C.J 1. Our learned brother Ramachandra Rao, dismissed Writ Petition No. 4665/78 and the unsuccessful writ petitioner has preferred this writ appeal,2. The appellant sought a writ of mandamus directing the respondent to admit him to the first year M. D. Course in paediatrics, in Guntur Medical College, There were four respondents to the writ petition and to the writ appeal also they are respondents. The material facts of the case may be briefly noticed. In April 1978, the appellant applied for admission to the post-graduate course in Paediatrics and two other specialties. He appeared for the entrance examination held on 6th Aug., 1978. He secured 116 out of 150 marks thereby securing seventh rank, There were four seats available for the M. D. Degree Course in Paediatrics in the Andhra and Nagarjuna Medical Colleges. One of the four seats was filled up with a scheduled caste candidate and another by a Backward Class candidate, The other tare seats were available for open c...


Jan 19 1979

S. Dasaratharami Reddi Vs. A.H. Dara

Court: Andhra Pradesh

Decided on: Jan-19-1979

Reported in: 1980CriLJ377

Ramanujulu Naidu, J.1. The view taken by the learned Additional Sessions Judge, Ongole that the complaint instituted by the Public, Prosecutor, Ongole District, against the respondent for offence punishable under Sections 501 and 502 I.P.C. is incompetent inasmuch as it is not established that, at the relevant time, when the respondent was accused of commission of the offence, P. W. 8 was employed in connection with the affairs of the State, gains support from the decision of a Division Bench of the High Court of Andhra Pradesh in L. Potha Raju v. Food Inspector (1975) APLJ 189. It is true that in the said case, the learned Judge, Kondiah and A. V. Krishnarao, J., construed the scope and ambit of Section 197(1)(b) of the Code for the purpose of deciding the question raised therein whether the petitioners therein could be regarded as persons employed in connection with the affairs of the State. Section 199(2) of the Code under which the complaint is instituted also insists upon the same...


Jan 18 1979

Sri Balachandra Fertilizers Vs. Income-tax Officer and anr.

Court: Andhra Pradesh

Decided on: Jan-18-1979

Reported in: [1979]120ITR182(AP)

Sambasiva Rao, C.J. 1. This is a petition filed by an assessee-firm represented by one of its partners seeking a writ of certiorari to quash the order of the ITO, Nandyal, dated 30th November, 1972, as confirmed by the CIT, by his order dated 18th July, 1975, and to direct the Commissioner, who is impleaded as the second respondent, to entertain the revision petition. We are inclined to grant this writ petition. 2. We will now give our reasons for the same. The firm consisted of two partners. For the assessment year 1970-71, the firm submitted a return showing a loss of Rs. 3,500. The ITO, however, rejected the return showing the loss and determined that the firm had gained a profit of Rs. 25,000 during the relevant year. The date of his order was 30th November, 1972. By this time, differences arose between the two partners and the firm was dissolved. The partners consequently refused to receive the copies of the order. On 3rd April, 1973, Veeraiah--who has now filed the writ petition-...


Jan 16 1979

Guttala Chandra Rao Vs. Dubburi Veera Venkata Satyavathi and anr.

Court: Andhra Pradesh

Decided on: Jan-16-1979

Reported in: AIR1979AP303

ORDER1. This revision is directed against an order made by the learned Principal District Munsif, Amalapuram in E.A. No. 536/77 and confirmed in appeal by the Subordinate Judge, of the Same place. 2. Certain properties belonging to the petitioner were sold in execution of decree which the first respondent herein obtained against him in O.S. No. 830/71. The second respondent Purchased those properties in that execution sale, The petitioner thereafter applied to the executing court in EA. No. 536/77 for setting aside the sale under O. 21, R. 89, C.P.C. after depositing the sale warrant amount and solatium as required by R. 89 (1) (a) and (b) of the Code. While allowing this petition, the Court directed the judgment-debtor to pay the poundage, besides other costs and interest, if any, within one week from the date of its order ignoring the contention of the judgment-debtor that no poundage need be paid by him since it has already been collected from the auction-purchaser and that that amo...


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