Andhra Pradesh Court January 1983 Judgments
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State of Andhra Pradesh and anr. Vs. A. Vijaualakshmi and anr.
Court: Andhra Pradesh
Decided on: Jan-29-1983
Reported in: AIR1983AP321
Chennakesav Reddi, J.1. In these cases, the petitioner are all students they have been successful at the Intermediate Examination and are aspirants for higher education - A Degree in Medicine and surgery. They have taken the Entrance Examination for the M.B.B.S. course in the Medical colleges in the state for the Academic year 1982-83.2. The Board of Examiners. In exercise of it discretion got the answer scrips mechanically valued by way of computers. The petitioners wrongly coded the Roll numbers on the answer scripts in breach of the instructions specifically given to the examinees in that behalf. The computer rejected their answer scripts they, therefore now seek a direction of the Director of Medical Education and Chairman Board of Examiners, Medical Entrance Examination hyderabad to have the answer scripts valued manually and allot seats, if they are eligible in the order of merit. They claim that the manual valuation has been arbitrarily denied by the chairman. Board of Examiners...
Koduru Venkata Reddy Vs. Land Acquisition Officer
Court: Andhra Pradesh
Decided on: Jan-27-1983
Reported in: [1988]63CompCas376(AP)
Madhava Reddy, Actg. C.J.1. The claim of the petitioner is that he holds land less than the ceiling area to which he is entitled under the Andhra Pradesh Land Reforms (Ceiling on Agriculture Holdings) Act, 1973. But a part of his holding has been acquired under the provisions of the Land Acquisition Act read with the Land Acquisition (Andhra Pradesh Amendment) Act, 1976, whereby compensation payable for the land acquired is permitted to be paid in instalments. That provision was challenged as unconstitutional in a batch of writ petitions. A Full Bench of this court in W.P. No. 3353 of 1976 and batch, by judgment dated September 26, 1978, held section 3(4) of the Amendment Act which provides for payment of compensation in instalments to be violative of fundamental rights. The Full Bench held that 'Payment of compensation in instalments works out to payment of compensation which is less than the market value. Section 3(4) of the impugned Act of 1976 is unconstitutional to the extent of a...
Commissioner of Wealth-tax, Andhra Pradesh Vs. T. Yasodamma
Court: Andhra Pradesh
Decided on: Jan-25-1983
Reported in: (1984)38CTR(AP)33; [1984]146ITR445(AP)
Jeevan Reddy, J. 1. The question referred for our opinion under s. 27(1) of the W.T. Act, 1957, is : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the status of the assessee is that of Hindu undivided family for the purpose of wealth-tax ?' 2. The assessee, Smt. T. Yasodamma, is the daughter-in-law of one T. Chinna Venkata Subbaiah. Her husband predeceased Chinna Venkata Subbaiah. On Novermber 2, 1970, a partition took place between Chinna Ventaka Subbaiah and the assessee. The assessee has an unmarried daughter. In the assessment proceedings under the W.T. Act, the assessee claimed that she together with her daughter constituted a Hindu undivided family and must be assessed as such. The relevant assessment years are 1971-72, 1972-73 and 1973-74. The WTO negatived her contention and assessed her as an individual. During the relevant years, exemption limit for an HUF was higher than that for the individual; that is why ...
V. Raghuram Vs. Singareni Collieries Co. Limited
Court: Andhra Pradesh
Decided on: Jan-25-1983
Reported in: (1983)IILLJ57AP
ORDER1. The writ petition is filed to quash the orders of termination issued by the respondent company on 4th October, 1982. 2. The petitioner was selected and appointed by the respondent as Medical Officer on 18th September, 1980. As per the said order of appointment, the petitioner will be on probation for a period of one year and during the period of probation his services will be terminable by one month's notice on either side and on confirmation he will be required to enter into an agreement to serve the company for a period of five years from the date of confirmation, and the order further recites that the company reserves the right to terminate the contract by giving him three months notice or three months pay in lieu of notice without assigning any reason. On 30th October, 1981 the Personnel Officer addressed a letter to the superintendent, Area Hospital, Bellampalli where the petitioner was working proposing the confirmation and also requiring the necessary agreement to be tak...
Sri Sitaramaswami Temple Vs. Chunduri Satyanarayana Murthy
Court: Andhra Pradesh
Decided on: Jan-21-1983
Reported in: AIR1983AP374
P.A. Choudary, J. 1. S. A. No. 804/77 is by a landlord against his tenant. He filed this second appeal complaining against a judgment a decree of dismissal of his suit O.s. No. 663 of 1973 passed by the District Munsif's Court. Tadepalligudem. In O.s. No. 663 of 1973 the landlord sued his tenant for recovery of an amount of Rs. 1,081-95 representing the arrears of rent. The landlord claimed the rent as payable to him by the respondent-tenant for three faslies of 1379 1380 and 1381 with respect to the plaint scheduled temple lands under the terms of a lease dated 19-8-68. The tenant boudn himself to pay to the landlord rent of eight bags of paddy for each acre for each fasli before 31st January of each succeeding fasli. But the tenant failed to pay rent for the fasli year 1379. The tenant pleaded that his crops failed in 1379 fasli due to heavy cyclone But according to the terms of the lease deed. The rent was payable by the tenant even when crops failed due to excessive rains (Ativrust...
Commissioner of Income-tax, Andhra Pradesh Vs. Nemidas Vishaniji and C ...
Court: Andhra Pradesh
Decided on: Jan-20-1983
Reported in: [1984]145ITR423(AP)
Jeevan Reddy, J. 1. The question referred for our opinion under s. 256(1) of the I.T. Act (hereinafter called 'the Act') is : 'Whether, on the facts and in the circumstances of the case, the reassessment under section 147 of the Income-tax Act, 1961, could be validly made ?' 2. The facts relevant to the question referred are : The assessee is a firm carrying on ready and speculation business on commission. It is a member of Adoni Groundnut Seeds and Oil Merchants' Association. Its business consists of speculation in groundnut oil and groundnut seeds with members as well as non-members of the Association either for purchase or for sale. So far as non-members are concerned, the assessee charges commission on transactions entered into with them. In the return filed for the assessment year 1958-59, the assessee returned a net loss of Rs. 11,159 in ready and speculation business. The ITO, however, while making the assessment, separately assessed the income from speculation business and read...
Chittoor Co-operative Town Bank Ltd. Vs. T. Krishnaiah Chetty and anr.
Court: Andhra Pradesh
Decided on: Jan-20-1983
Reported in: AIR1983AP259
Madhava Reddy, Actg. C.J. 1. W.A. No. 967/82 is filed on 8-11-1982 by the chittoor co-operative Town Bank Ltd. Against the Judgment of our learned brother Raghuvir, J. Dated 9-9-1982 in W.P. No. 6164/82 directing the deputy Registrar. Who is appointed as Arbitrator to adjudicate the liability of the Ist respondent therein and to pass an award to proceed with the enquiry, prepare an award but not pronounce it till the disposal of the civil suit O.s. No. 1011/81 on the file of the First Additional District Munsif. Chittor.2. The writ petition was disposed of at the admission stage after hearing the learned Government pleader but not the bank. The writ petitioner, at whose instance the above direction was issued, has also filed 'cross writ appeal on 30-11-1982 which was numbered as W.A. No. 1093/82.3. The few facts necessary to appreciate the contentions raised in these matters may be briefly noticed. It would be convenient to refer to the parties as they are arrayed in the writ petition....
Commissioner of Income-tax Vs. Puttaiah Seshaiah and Co.
Court: Andhra Pradesh
Decided on: Jan-19-1983
Reported in: (1983)37CTR(AP)69; [1984]146ITR168(AP)
Jeevan Reddy, J.1. The question referred to us under s. 256(1) of the I.T. Act is : 'Whether on the facts and in the circumstances of the case, the assessee is entitled to the set off of loss Rs. 85,643 arising from payment of price differences in respect of unfulfilled contracts of sale against the profits ?' 2. The facts relevant to the case are the assessee is a registered firm carrying on business in manufacture and sale of groundnut oil. During the accounting year relevant to the assessment year 1971-72, it entered into as many as 148 contracts for sale of oil involving a total quantity of 2,318 tonnes. Out of these contracts the assessee performed 135 contracts by delivery of oil of 2,112 tonnes but in respect of 13 contracts involving 206 tonnes, he could not performed the contracts by supplying the oil for want of wagons; he settled them by paying the price difference. For the relevant assessment year, he claimed set off for the amount of loss arising from payment of price diff...
M. Omkar Vs. Government of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jan-19-1983
Reported in: AIR1983AP379
Ramachandra Rao, J.1. The petitioner herein a Member of the legislative assembly challenges the constitutional validity of sub-r. (3) of R. 36 Andhra pradesh conduct of Election of members (Co-opted) and vicepresidents of panchayat samithis and members (co-opted) chairman and vice-chairman of Zilla parishad Rules, 1979 framed under the Andhra pradesh panchayat samithis and Zilla parishads Act. Sub-rule (3) of R. 36 reads as follows:'If there are two or more candidates an election shall be held by show of hands and votes taken of the members present at the meeting'2. The contention of the petitioner is that the said rule is unconstitutional as it offends Art. 19(1)(a) of the Constitution. The argument proceeds on the footing that the right to vote is a right falling under Art. 19(1)(a) which guarantees to every citizen the right to freedom of speech and expression and that the right to vote by secret ballot is implicit in the said right to freedom of speech and expression guaranteed und...
Ram Krishna Kalwant Rai Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jan-18-1983
Reported in: [1983]54STC1(AP)
Jeevan Reddy, J.1. According to entry 1 of the Second Schedule to the Andhra Pradesh General Sales Tax Act, manganese, including manganese ore, is exigible to sales tax on the point of purchase by the last dealer, who buys in the State. 2. The question for decision in this case is, whether the petitioner is the last purchaser of manganese ore within the State of Andhra Pradesh. The relevant facts are the following : The petitioner, a dealer at Delhi, had a permit for exporting certain quantities of manganese ore. Export of manganese ore has to be effected only through M.M.T.C. The Supreme Court has held in Murarilal Sarawagi v. State of Andhra Pradesh : [1977]2SCR441 that M.M.T.C. is not a mere canalising agency. It held that in every case of export of manganese ore the sale must be to the M.M.T.C., and that it is the M.M.T.C., which in its turn sells the same to the foreign buyer, though as a fact there may be a direct agreement between the Indian seller and the foreign buyer. 3. Cert...
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