Andhra Pradesh Court October 1982 Judgments
Ahmed Pasha Vs. Wajid Unissa and ors.
Court: Andhra Pradesh
Decided on: Oct-29-1982
Reported in: 1983CriLJ479
1. This revision is directed against the order of attachment of salary of the petitioner by the Judicial First Class Magistrate, Luxettipet in Crl.M.P. No. 773 of 1982 in M.C. No. 16 of 1978. 2. M.C. No. 16 of 1978 was filed by Respondents 1 and 2 herein for maintenance. The first respondent is the wife of the petitioner and the second respondent is the son of the petitioner. After enquiry the learned Magistrate allowed the petition and granted maintenance at Rs. 50/- for the wife and Rs. 40/- for the son per month. The petitioner has been paying the maintenance as per the orders of the Magistrate in M.C. No. 16 of 1978 up to 2-10-1980 but stopped paying from 2-10-1980 to 2-4-1982 i.e. for a period of 18 months. Hence arrears accrued in a sum of Rs. 1620/-. The wife and the son of the petitioner therefore, filed Crl.M.P. No. 773 of 1982 for the recovery of the arrears. The learned Magistrate issued notice to the petitioner on 1-5-1982 but it was returned unserved. Again on 14-6-1982 fr...
Tag this Judgment!S. Goverdhan Vs. Rani Laxmidevamma College of Arts, Commerce and Scien ...
Court: Andhra Pradesh
Decided on: Oct-29-1982
Reported in: AIR1983AP125
ORDER1. The petitioner herein seeks a writ of Mandamus directing the first respondent to admit him in the first year B.Com., in Telugu medium for the academic year 1982-1983.2. The relevant averments in brief as stated in the affidavit of the petitioner are that he applied to the first respondent-college for admission to the first year B.Com. on 15-7-1982 for the academic year 1982-83. He secured 488 marks in the qualifying examination. A candidate with 427 marks has been provided with a seat, whereas he has not been admitted. He further avers that he belongs to Backward class and the rules of admission give preferential treatment by reservation, but the said Rule has not been implemented. Therefore the rejection is illegal and contravenes articles 15(4), 46 of the Constitution of India. Further the first respondent-college is affiliated to the osmania university and also is admitted to grant-in-aid since 1-4-1980 and so is receiving funds from the Government of Andhra pradesh and ther...
Tag this Judgment!Mangu Srihari Vs. Bar Council of State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Oct-29-1982
Reported in: AIR1983AP271
K. Madhava Reddy, Actg. C.J. 1. This appeal by an advocate on the rolls of the Bar council of Andhra pradesh is directed against the dismissal of his writ petition seeking a writ of Mandamus against the Bar council of the state of Andhra pradesh Hyderabad to stay the enquiry in c. C. No. 10 of 1981 on its file pending disposal of O.S. 12/81 and E.A. 16/79 in E.P. 7/79 on the file of the District Munsif at Jangaon. That writ petition came to be filed in the following circumstances.2. Thakur Anantha Ram Singh 2nd respondent herein (hereinafter referred to as the complaint or 2nd respondent) was the Municipal Toll tax contractor of jangoan Municipality for the year 1960. The Municipality filed a suit O.s. 13/67 against him for recovery of sum of Rs. 4.267-50 ps. The appellant (petitioner) (hereinafter refered to as the advocate) was engaged as an advocate to defend him in this suit. That suit was decreed on 24-8-1967. For execution of that decree Jangaon Municipality filed E.P. No. 25/67 ...
Tag this Judgment!Jawajee Naganatham, Etc. Vs. Revenue Divisional Officer, Abilabad and ...
Court: Andhra Pradesh
Decided on: Oct-29-1982
Reported in: AIR1983AP155
P. Ramachandra Raju, J.1. An extent of Ac. O. 18 guntas of land in S. NO. 155/2 of Bhuktapur village, part of abilabad town was acquired by the Government for the construction of a vegetable market by the adilabad Municipality. A draft notification dated 21-3-1975 was published in the gazette dated 17-4-1975 . The declaration under section 6 was published in the gazette on 8-5-1975. Possession of the land was taken on 21-2-1976. Before the land acquisition officer the appellant claimed compensation at the rate of Rs. 300/- per square yard. He further claimed Rs. 70,000/- towards the cost of the building Rs. 9,000/- towards the cost of the compound wall and Rs. 3,000/- for a well. According to the appellant, the building, compound wall and well are existing by the date of the draft notification and he should be compensated for such building compound wall and well at the rates claimed by him. The land Acquisition officer held that the appellant constructed the building well and compound ...
Tag this Judgment!Comissioner of Income Tax, Andhra Pradesh Vs. A.V. Bhanoji Rao
Court: Andhra Pradesh
Decided on: Oct-28-1982
Reported in: (1983)33CTR(AP)38; [1983]142ITR706(AP)
Ramachandra Raju, J.1. This is an application under s. 256(2) of the I.T. Act direct the Income-tax Appellate Tribunal, Hyderabad, to state a case and refer the following question of law for the opinion of this court : 'Whether, on the facts and in the circumstances of the case, the capital gains levy in respect of conveyance, dated January 29, 1972, is justified ?' 2. The assessee was the owner of a land admeasuring 5,455 sq. yards in Alipur ward of Visakhapatnam Municipality. He entered into a partnership with one K. Poornachandra Rao in December, 1969, to construct and run a cinema theatre. The capital of the business was stated to be three lakhs. The assessee was to contribute Rs. 1 lakh and he threw the above extent of land in the common stock as representing his share of contribution of one lakh. A regular partnership deed with the aforesaid terms was executed by the partners on May 16, 1970. Some time prior to January 29, 1972, the partners applied for a loan from the Life Insur...
Tag this Judgment!Vijaya Kari Vs. Kondamuri Swarnalatha and anr.
Court: Andhra Pradesh
Decided on: Oct-28-1982
Reported in: AIR1983AP181
Rama Rao, J. 1. This appeal arises our of an election petition filed to set aside the election for 50th division of visakhapatnam Municipal corporation.2. The essential averments may be stated : the appellant is Ist respondent in O.P. 1/1981 on file of the election Tribunal Municipal corporation of Visakhapatnam. The notification dated 3rd August. 1981 for elections to the Visakhapatnam Municipal corporation was issued pursuant to Act 9 of 1979 constituting Visakhapatnam Municipality as a corporation on the basis of the said notification the special officer published the calendar of election events on 4-8-1981 notifying that the nominations should be filed between 4-8-1981 to 10-8-1981 and the date for scrutiny of nominations was fixed on 11-8-1981 and the date of polling was seheduled on 27-8-1981. Kondamuri swarnalatha (petitioner in the election petition) smt. Vijaya Kari (1st respondent in election petition) and Smt. Devki pasupuleti (end respondent) filed nominations for 50th Divi...
Tag this Judgment!Nav Swadeshi Oil Mills Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-26-1982
Reported in: [1983]54STC149(AP)
Chennakesav Reddi, J.1. This tax revision case preferred under section 22(1) of the Andhra Pradesh General Sales Tax Act, 1957, (hereinafter referred to as 'the Act'), raises the question relating to the relative scope and applicability of section 14(1) and section 14(3) of the Act. 2. The petitioners are the assessees. They are dealers in oil and oilcakes. The relevant assessment year is 1968-69. The assessees submitted the return relating to the quarter ending 31st March, 1969, on 7th August, 1969. The due date for the submission of the quarterly return was 24th August, 1969. On the basis of the admitted turnover and other particulars furnished in the return, the assessees were assessed under the Central Sales Tax Act on a turnover of Rs. 18,25,410.72, and were called upon to pay a tax of Rs. 45,424.48. The assessment was completed by an order dated 2nd August, 1973, of the Commercial Tax Officer, Mahaboobnagar, under the Central Sales Tax Act, 1956 (hereinafter referred to as 'the C...
Tag this Judgment!Duggirala Balarama Krishnayya Vs. Arokapudi Jagannadha Rao
Court: Andhra Pradesh
Decided on: Oct-26-1982
Reported in: AIR1983AP136
Kodanadaramayya, J.1. This revision petition was referred to divsion bench by a single judge as it raised a legal question of substantial importance. The facts are not in controversy and they may be stated as follows:-The respondent obtained a money decree against the revision petitioner on the basis of a pronote in O.S. No. 75 of 1969 on the file of the principal District Munsif, gudivada. The decreeholder filed E.P. No. 100/71 and the Judgment-debtor after making certain payments filed the present application out of which the above civil revision petition arose claiming exemption of his house from attachment. The courts below held that the revision petitioner is an agriculturist and the residential house is exempted from attachment but held that he waived the objection as to the non-availability of the house from attachment within the meaning of S. 60(1) proviso (c) of civil P.c. The said view of the courts below was canvassed by the revision petitioner.2. The learned single Judge re...
Tag this Judgment!Rahmatullah Khaleem and ors. Vs. the Andhra Pradesh, Wakf Board and or ...
Court: Andhra Pradesh
Decided on: Oct-25-1982
Reported in: AIR1983AP116
Amareswari, J.1. this writ appeal is directed against the order of our learned brother chennakesav reddy j. Dismissing the writ petition at the stage of admission. The matter relates to the Constitution of a Managing committee to the Azampura mosque which is a registered wakf Institution under the andhra pradesh Wakf Institution under the Andhra pradesh wakf Act 1954. At a general body meeting held on 9-5-1982 for the purpose of electing members to the Managing committee of the Mosque 16 persons including the appellant herein contested. Seven persons including the petitioner-appellant were declared elected as they got more votes than others. On 11-6-1982 the chairman Andhra Pradesh Wakf Board in proceedings No. 10/16/81-K nominated four our of the defeated candidates to be on the Managing committee of the Mosque. The Wakf board by its proceedings dated 15-6-1982 constituted the Managing committee with the 7 elected and the 4 nominated members and convened a meeting on 16-8-1982 for ele...
Tag this Judgment!Andhra Pradesh Paper Mills Ltd. Vs. Union of India
Court: Andhra Pradesh
Decided on: Oct-20-1982
Reported in: 1983(12)ELT86(AP)
ORDERRamachandra Rao, J. 1. The Andhra Pradesh Paper Mills Limited, Rajahmundry, (hereinafter called 'The Mills'), a public Limited Company, has filed this Writ Petition for the issue of a Writ of Mandamus directing the respondents, (1) the Assistant Collector of Central Excise, Integrated Divisional Office, Rajahmundry; (2) Collector of Central Excise, Guntur; (3) Union of India, to allow the Mills to clear the different varieties of paper manufactured by them without insisting on payment of duty on the wrapping paper used internally for packing reams and reels of other varieties of paper manufactured by them. 2. The facts leading to the filing of the Writ Petition are as follows : The Mills manufactured different varieties of paper in addition to 'Mill Wrapper' which is used for packing other varieties of paper and which is used and consumed in the factory itself without being sold to outsiders. 3. Under Section 3 of the Central Excises and Salt Act, 1944 (hereinafter called 'THE ACT...
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