Andhra Pradesh Court November 1980 Judgments
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A.V. Subrahmanyam and ors. Vs. C. Venkataramanamma and ors.
Court: Andhra Pradesh
Decided on: Nov-27-1980
Reported in: AIR1981AP147
ORDER1. The present petitioners in this revision are the defendants in O. S. No. 42 of 1974 on the file of the Subordinate Judge's Court, Rajahmundry. That suit was filed by one Srirama Murthy, now deceased He had executed a registered settlement deed dated 26th August, 1973 with respect to about 7 1/2 acres of wet land situated in Jegurupadu village, Rajahmundry Taluk, in favour of one of his sons by name Atchuta Venkata Subrahmanyam, the first petitioner herein. Subsequently, he filed the aforesaid suit. O. S. 42 of 1974 on the file of the Subordinate Judge, Rajahmundry for cancellation of that settlement deed on the ground that it had been obtained by fraud, coercion, etc., Srirama Murthy, who started this litigation did not live to see the end of it which, in any case, is out of sight. Some time after he had filed the suit, he had died, bequeathing the litigation and his property by a registered will in favour of the present respondents to this revision petition. After the death of...
M. Gopaiah Vs. Sri Malleswara Swami Labour Contract Co-operative Socie ...
Court: Andhra Pradesh
Decided on: Nov-26-1980
Reported in: AIR1981AP182
Madhava Reddy, J.1. These two writ appeals are directed against the order of our learned brother P.A. Choudary, J. directing the District Munsif, Guntur -'to take evidence by summoning all witnesses and documents which he might consider necessary as to who are all the persons who have been rendered landless or occupationless by reason of the acquisition of the lands at Pedakakani by the Central Warehousing Corporation and of them who are the members of the petitioner-society and who are the members of the 3rd respondent-society and who are interested and who are not interested in working for the Corporation.'Sri Malleswara Swamy Labour Contract Cooperative Society Limited, Petiakakani has filed a writ petition for the issue of a writ of prohibition or an appropriate order prohibiting the Central Warehousing Corporation from granting the contract or entrusting the work of handling the material at the godowns and transporting the same from the railhead to any other society or individual ...
M. Ramana Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-22-1980
Reported in: AIR1981AP307
A. Kuppuswami, Ag. C.J. 1. The petitioner, whose application for the entrance test for admission to the M.B.B. S. course was rejected, tiled this writ petition praying for the issue of a writ of mandamus or any other appropriate writ or order or direction directing the respondents viz., the State of Andhra Pradesh, the Principal, Gandhi Medical College and the Lay Secretary & Treasurer, Gandhi Medical College, Hyderabad to admit him to the M. B. B. S. entrance examination to be held on 24-8-1980. In W. P. M. P. No 6089/1980, he prayed for an interim direction to permit him to write the entrace test pending disposal of the writ petition. This Court directed that the petitioner should be permitted to sit for the entrance examination observing that the result would be subject to the result of the writ petition. Accordingly he sat for the examination and it is now represented that he obtained 124 marks out of 150 in the test, whereas the last person who was selected, got 113 marks. 2. The ...
Standard Packagings Vs. Union of India and anr.
Court: Andhra Pradesh
Decided on: Nov-21-1980
Reported in: 1983(12)ELT786(AP)
ORDER1. The partnership firm run under the name and style of The Standard Packagings (the firm) is the writ petitioner. The firm owns a licence (No. L4-2/77-79) to manufacture paper goods i.e. Bituminised water proof paper (bound paper), waxed paper (kraft paper) and Bituminised polythene paper. On bond paper in the State of Tamilnadu Excise duty levied under Excise Act 1 of 1944 (the Act) by notification of Ministry and Finance (department) No. 184/76-CE, dated May 27, 1976, has been 'invalidated' by a judgment of August 27, 1980. The firm complains that as a result the bond paper is dumped in the State of Andhra Pradesh and because no duty is paid on paper manufactured in Tamilnadu the goods are sold at lower prices. The firm is apprehensive of loss of business due to lower cost price and it is represented they are likely to be elbowed out from the market. The firm lodged the writ petition in such exigencies and seeks the relevant notification to be quashed. Thus the question raised ...
Land Acquisition Officer, Khammam Vs. Katta Venkaiah and ors.
Court: Andhra Pradesh
Decided on: Nov-21-1980
Reported in: AIR1981AP310
P.A. Choudary, J.1. The Land Acquisition Officer, Khammam, had acquired a total ex-tent of Ac. 6.00 cents of Khanapur village situated in the adjoining Survey Nos. 187/20, 187/2C, 184, 185, 186, 187 etc., through his notification published under S. 4(1) of Land Acquisition Act on 30-3-76. The lands are all contiguous and, axe adjacent to Kham-mam town within its immediate vicinity. They were acquired for the purpose of erecting an electric sub-station. The Land Acquisition Officer awarded compensation at the rate of Rs. 2,600/- per acre except in case of Ac. 4-04 cents of land situated in Survey Numbers 184, 185 and 186, where he awarded at the rate of Rs. 3,200/- per acre. In addition to the above, he gave compensation for the mango and neem trees calculated on their capitalized value. The land owners were dissatisfied with ibis level of compensation and had the matter referred to Civil Court.2. Before the Civil Court, the claimants claimed compensation on the basis that their lands w...
Central Wines Vs. Special Commercial Tax Officer, Intelligence, Hydera ...
Court: Andhra Pradesh
Decided on: Nov-17-1980
Reported in: [1982]49STC83(AP)
ORDER1. The order of the Court was made by MADHAVA REDDY, J. - In this batch of cases (W.P. No. 5468 of 1979, T.R.C. No. 35 of 1980 and W.P. No. 5405 of 1980) the question that falls for consideration is : 'Whether the sales tax amount realised by the dealer in selling liquor could be included in arriving at the total amount of turnover for assessing the sales tax due from the dealer under the Andhra Pradesh General Sales Tax Act (hereinafter referred to as the 'Act') ?' 2. The petitioner in W.P. No. 5468 of 1979 which is a partnership firm deals in liquors and beer. It sells liquor and beer under bills of sale and delivers the goods on payment of the money charged under the bill. But the sales tax payable thereon is not included in the bill; it is collected and kept in suspense account by way of separate debit notes after the goods are delivered to the buyer. The petitioner-firm has been making monthly returns of the turnover from December, 1978, to March, 1979, but has not been inclu...
T.A. Lakshmi Narasamba Vs. T. Sundaramma and ors.
Court: Andhra Pradesh
Decided on: Nov-06-1980
Reported in: AIR1981AP88
Madhava Rao, J.1. A Division Bench of this Court has referred the following question of law for the opinion of the Full Bench:-- 'Whether the moral obligation of a father-in-law possessed of separate or self-acquired property, to maintain the widowed daughter-in-law ripens into a legal obligation in the hands of persons to whom he has either bequeathed his property or made & gift of his property?' 2. Cases similar to the one now referred to this Full Bench hereafter may very rarely come for adjudication before the Courts in view of the enactment of the Hindu Adoptions and Maintenance Act (LXXVIII 1956) under which the rights of daughter-in-law for maintenance have been codified. Section 19 provides for maintenance of widowed daughter-in-law by her father-in-law under the circumstances mentioned therein. Under Section 21 the widow of a pre-deceased son is a dependant. Section 22 speaks of the maintenance of dependants. Therefore, matters in respect of maintenance of widowed daughter-in-...
Abdul Hammed Khan and ors. Vs. Father Khan and ors.
Court: Andhra Pradesh
Decided on: Nov-05-1980
Reported in: AIR1981AP316
Madhava Rao, J.1. These two petitions are to condone the delay of 18 days, if it is there, in filing the review petitions. In support of the petitions, it is stated in the affidavit that the order under review in the L. P. As was pronounced on 7-8-1980 and an application for issuance of a carbon copy of the order was made on 8-8-1980 and the copy was issued on 26-8-1980. The petitioner was advised that the time taken for issuance of the carbon copy would save limitation for purposes of filing the review petitions. The review petitions were filed on 24-9-1980. An application for issuance of a certified copy was not made earlier under the impression that the carbon COPV would be sufficient for filing the review petitions. Therefore, certified copy was not filed alone with the review petitions. It was therefore prayed that the carbon copy be received and the filing of certified copy may be dispensed with. The petitioner was also under the bona fide belief that the time taken in issu-ine t...
Jamuna Bai Vs. M. Appa Rao and ors.
Court: Andhra Pradesh
Decided on: Nov-04-1980
Reported in: AIR1981AP186
1. This is an appeal filed against an order of the 1st Additional District Judge, Visakhapatnam under Order 1, Rule 10. C. P. C. adding the present appellant as a party respondent to O. P. No. 86/77 now pending before him as a claim for compensation for a motor vehicle accident.2. Apparao, the first respondent before this Court sustained head injuries in a motor vehicle accident on 10-2-1977 due to the alleged rash and negligent drying of a lorry A. P. P. 7823. After some abortive attempts at compromise based upon promises to compensate him the victim filed a claim petition in O. P. No. 86/77 claiming compensation in a sum of Rs. 10,500/-. In that petition the claimant made K. V. Krishnayya as respondent No. 1 and the United India Fire and General Insurance Company Limited. Rajahmundry as respondent No. 2. He made Krishnayya as party-respondent apparently on the basis that he was the owner of the vehicle and the United India Fire and General Insurance Company Limited on the basis that ...
Commissioner of Income-tax Vs. Indore Samachar
Court: Andhra Pradesh
Decided on: Nov-03-1980
Reported in: [1983]139ITR266(AP)
Sohani, J. 1. By this reference under s. 256(1) of the I.T. Act, 1961, hereinafter called 'the Act, the I.T. appellate Tribunal, Indore Bench, has referred to the following questions of law to this court for its opinion : '1. Whether, on the facts, and circumstances of the case, the Tribunal was justified in upholding the levy of penalty for concealment of income on all the four heads 2. Whether, on the facts, and circumstances of the case, the Tribunal was justified in applying the Explanation to s. 271(1)(c) of the Income-tax Act, 1961, when the ITO had not specifically invoked the Explanation 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the provisions of s. 271(1)(c) as amended from April 1, 1968, in respect of quantum of penalty, are not applicable to the case where the original return was filed before, April 1, 1967, although a revised return was filed after March 31, 1968 and the concealment existed in both the...
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