Andhra Pradesh Court August 1982 Judgments
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Y.N. Reddy Vs. Director of Field Publicity
Court: Andhra Pradesh
Decided on: Aug-31-1982
Reported in: (1983)IILLJ41AP
ORDER1. The petitioner joined as a Mechanic in the Office of the Director of Publicity on 1st July 1965 and later on he was appointed as a Field Publicity Assistant on 1st August, 1967. The petitioner has been working in a temporary capacity and is governed by the Central Civil Services (Temporary Service) Rule, 1965. Acting under the sub-rule (1) of Rule 5 of the aforesaid Rules, the Director of Field Publicity, Ministry of Information and Broadcasting, New Delhi, gave the petitioner a notice on 31st July, 1981 informing him that his services would stand terminated with effect from the date of expiry of a period of one month from the date on which the notice was served on him. The petitioner has filed this writ petition challenging that notice.2. The petitioner's claim regarding the validity of the notice has been denied by the Government in a counter-affidavit filed by the Regional Director, Directorate of Field Publicity, Government of India, New Delhi. In the counter-affidavit, it ...
G. Chennaiah and anr. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Aug-31-1982
Reported in: AIR1983AP34
Ramachandra Rao, J.1. In this batch of writ petitions two common questions arise for consideration:(1) whether the proviso to S. 38-E (2) introduced by the Andhra pradesh (telengana Area) Tenancy and Agricultural Lands Amendment Act 2/79 is unconstitutional? (2) whether the said proviso which came into force on 11-1-1979 has no retrospective operation? In order to decide the said questions, it is necessary to notice the facts which have led to the passing of the said Amendment Act 2/79 The Andhra pradesh (Andhra Area) Tenancy and Agricultural Lands Act 21/50 was enacted to amend the law relating to relations of landholders and tenants of agricultural land and the alienation of such land to enable landholders to prevent the excessive sub-division of agricultural holdings, to empower Government to assume in certain circumstances the management of agricultural lands to provide for the registration of co-operative Farms and to make further provision for matters incidental to the aforesaid ...
Kishan Chand Vs. Sayeeda Khatoon
Court: Andhra Pradesh
Decided on: Aug-31-1982
Reported in: AIR1983AP253
1. This rent revision by the tenant raises a sole but rather important question as to whether as to whether under sec. 110 of the T.P. Act if the isntrument of lease is silent with regard to the commencement of the lease, the first day as per the implied commencement within the meaning of second limb of sec. 110 will have to be excluded in computing the time. Within which a notice to be given by landlord for the termination of tenancy. 2. The format of the case in brief is The lease agreement was entered into on 16th February 1971 abetween the revisionist-tenant and the landlady-respondent in respect of the demised premises, H. No. 3-3-71/2. Kachiguda, hyderabad, on a monthly rent of Rs. 150/- for a period of eleven months with a stipulation therein that the tenancy may be continued by the landlady after the expiry of eleven months on the smae terms and conditions after the stipulated period the tenancy, however continued and came to be treated as a tenancy by holding over from month t...
Md. Ibrahim Khan Vs. Susheel Kumar and anr.
Court: Andhra Pradesh
Decided on: Aug-27-1982
Reported in: AIR1983AP69
Chennakesav Reddy, J.1. Mohammad Ibrahim Khan, now know to the public as the 'King of Land Grabbers' is the petitioner in this writ petition. He disclosed to be public disturbing facts. He involved in the alleged acts of land grabbing some senior civilians and veteran political grandsires provoking a probe by a high power commission. He now seeks to invoke the extraordinary jurisdiction of this Court under Art. 226 of the Constitution to interdict the proceeding of the commission of Inquiry, Land Grabbing, by the issue of 'writ mainly on the ground that the procedure followed by the commission is contrary to the provisions of the commissions of Inquiry Act, 1952 and the Rules made thereunder.2. By G.O. Ms. No. 146, General Administration (General-B) Department, dated 17th March, 1982 the Government of Andhra pradesh appointed a commission of Inquiry under the commissions of Inquiry Act, 1952 (central Act 60 of 1952) consisting of a single member viz., sri susheel Kumar, I.A.S. commissi...
Commissioner of Wealth-tax, Andhra Pradesh Vs. Tatavarthi Rajah and Sa ...
Court: Andhra Pradesh
Decided on: Aug-26-1982
Reported in: (1983)33CTR(AP)261; [1983]143ITR441(AP)
Jeevan Reddy, J.1. The question referred for our decision in this case under s. 27(3) of the W.T. Act, is : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in canceling the wealth-tax assessments for the years 1958-59, 1959-60 and 1960-61 ?' 2. It arises in the following circumstances : Sri T. Nagapotha Rao and his three sons, Sitarama Rao, Raja and Satyanarayana Murthy, constituted an HUF. Sitarama Rao pre-deceased his father in 1947 and Nagapotha Rao died in 1950. Some time after the death of Sitarama Rao, the eldest son, disputes arose between his widow, Smt. Raja Syamala, and other members of the family and, even during the lifetime of Nagapotha Rao, the father, Smt. Raja Syamala had issued notices to other members of the family asking for a partition, and for rendering of an account in respect of her share. On April 7, 1954. Smt. Raja Syamala filed a suit for partition, being O.S.No.47 of 1954 on the file of the learned Subordinate ...
Geeta Lakshmi Vs. G.V.R.K. Sarveswara Rao
Court: Andhra Pradesh
Decided on: Aug-20-1982
Reported in: AIR1983AP111
Amareswari, J.1. This appeal arises out of the order of the subordinate Judge, Rajahmmundry made on 8-2-1979 for divorce at the instance of the husband.2. The wife is the appellant. The parties were married in 1960 and they lived happily for 6 years. Trouble began when the third child was born in the Mission Hospital at Rajahmundry. In view of the health of the wife, the Doctors advised that she should not have any more children and suggested in the circumstances that it is better for the husband to undergo vasectomy operation. The husband resented the idea and immediately left for his place Konthamuru leaving the wife and the new born in the Hospital. R.W. 2 the father of the wife took her and the child to his place vedisileru. Sometime thereafter the wife filed O.P. No. 159 of 1967 for restitution of conjugal rights. The petition was allowed on merits on 27-10-1971. The order of the O.P. is Ex. A-2. According to the wife there were some attempts of mediation even during the pendency ...
Sanjivaiah Nagar Depressed and Backward Classes Development Sangh Mare ...
Court: Andhra Pradesh
Decided on: Aug-19-1982
Reported in: AIR1983AP142
Ramachandra Rao, J.1. As common question arise in both the writ appeal and the writ petition, they are heard together and disposed of by this common judgment.2. The relevant facts leading to the filing of the writ petition are as follows:- The District collector. Hyderabad by Memo No. D4/1977/1978 dated 4-5-1979 published a notification in the Hyderabad district Gazette dated 12-5-1979 under S. 4(1) of the land Acquisition Act 1/1894 (hereinafter called the Act) as amended by the land acquisition (Amendment) Act 38/1923 and by ordinance No. 12/75, that they proposed to acquire for a public purpose viz for providing house sites to scheduled castes, scheduled Tribes Backward classes and landless workers the following lands in east Marredpally, Secunderabad Taluk, Hyderabad district:Dry S. No. 9 5.01 AcresDry S. No. 59 4.09 'Dry S. No. 60 3.21 'Total: ___________12.31 Acres___________3. Under Sub-sec. (4) of s. 17 of the Act, the District collector directed that in view of the urgency of ...
Commissioner of Income-tax, Andhra Pradesh Vs. Vijaya Spinning Mills L ...
Court: Andhra Pradesh
Decided on: Aug-18-1982
Reported in: (1983)32CTR(AP)281; [1983]143ITR64(AP)
Jeevan Reddy, J.1. The question referred in this case is : Whether, on the facts and in the circumstances of the case, the assessee-company is entitled to claim development rebate at 25% for the assessment year 1972-73. 2. The assessee is a limited company having a cotton spinning mill. For the year 1968-69, it claimed 25% development rebate on the newly purchased machinery amounting to Rs. 2,26,257. The assessee's case was that since his industry falls within clause 32 of the Fifth Schedule to the I.T. Act, he is entitled to 25% development rebate under s. 33(1)(b)(B)(i), of the I.T. Act. On the other hand, the Department's case was that, since the assessee is a manufacturer of cotton yarn, it does not fall within the said clause, but is entitled to 15% development rebate under s. 33(1)(b)(B)(iv) of the I.T. Act. The ITO accordingly granted only 15% development rebate, negativing the contention of the assessee. On appeal, however, the AAC agreed with the assessee and held that the man...
In Re: A.K. Soundrarajan
Court: Andhra Pradesh
Decided on: Aug-17-1982
Reported in: (1983)IILLJ198AP
ORDER1. The petitioner is a Technical Officer in the State Bank of India, Hyderabad. On 27th August, 1980 he was drawing a basic salary of Rs. 2,000/- and a gross salary of Rs. 3,150/-. On 27th August 1980 he was kept under suspension pending enquiry into certain charges. A charge-sheet was issued to him on 23rd April, 1982. On 7th June, 1982 he received a notice from the Chief General Manager of the State Bank of India, Local Head Office, stating that an enquiry would be held any Sri R. K. Prasad, Officer, Junior Management Cadre of State Bank of India, Hyderabad Branch. He represented by his letter dated 18th June, 1982 that the enquiry should be conducted by the Commissioner for Departmental Enquiries of Central Vigilance Commission, and also that the Enquiry Officer was biassed against him. On 6th July, 1982, the Chief General Manager stated that he could not accede to his request. However, he changed the Enquiry Officer and appointed Sri A. Sreenivasulu, Officer (S.M.G.IV) as Inqu...
Paramount Enterprises Vs. Reechem P. Ltd.
Court: Andhra Pradesh
Decided on: Aug-13-1982
Reported in: [1985]57CompCas200(AP)
Seetharam Reddy, J.1. M/s. Paramount Enterprise, a proprietary firm, is the pertioner and M/s. Reechem Private Ltd. is the respondent company. 2. This company petition is filed under s. 439(1) of the Companies Act, 1956, for the winding up of the respondent-company on the ground that it is unable to pay the debt due to the petitioner-firm within the meaning of s. 433(e) read with s. 434(1)(a) of the Companies Act. 3. The relevant averment in the petition in brief are : The petitioner-firm carries on the business of manufacture and supply of fibre glass, fume exhaust system, and so on. The respondent-company, registered under the Indian Companies Act, 1913, placed an order on the petitioners by its purchase order dated March 2, 1979, for designing, fabrication, erection and commissioning of PVC/FRP/Fume Exhaust system for zinc chlorides as per the petitioners' quotation dated February 8, 1979, fixing the cost at Rs. 32,500. The petitioners completed the said works and sent the invoices ...
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