Andhra Pradesh Court January 1984 Judgments
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Allampati Gopalareddy Vs. Ponnavolu Raghava Reddy
Court: Andhra Pradesh
Decided on: Jan-31-1984
Reported in: AIR1985AP12
ORDER1. The petitioner in this C.R.P. is the petitioner debtor, in the Court below. The Insolvency Petition being I.P. 12/77 was filed against the debtor in connection with the promissory note dated 22-6-1975. The debtor filed the petition under Ss. 4 and 5 of the provincial Insolvency Act read with S. 151 C.P.C. to dispose of I.P. 12/77 on the preliminary point about the maintainability of insolvency petition as the claim of the respondent on the basis of pronote dated 22-6-1975 is barred by limitation. This application was dismissed by the learned Subordinate judge on the ground that this can be considered at the time of enquiry of the main petition. On appeal the learned District Judge disposed of the application on merits holding that the pronote is not barred by limitation when the I.P. was filed and as such the creditor can pursue the insolvency petition notwithstanding the bar of limitation during the pendency of the petition. 2. The learned counsel for the petitioner contended ...
Eid Parry Staffs' Association and Ors. Vs. Deputy Commissioner of Labo ...
Court: Andhra Pradesh
Decided on: Jan-31-1984
Reported in: 1984(1)ALT36; 1984(2)AnWR325; 1984(1)APLJ26; (1985)ILLJ340AP
1. Petitioners are the employees of Parry & Company Ltd., which is a subsidiary of E.I.D. Parry (I) Ltd. On 8th September, 1983, the Parry & Company published a seniority list of its employees, as contemplated by Rule 67 of the Madras Industrial Disputes Rules Corresponding to Rule 79 of the Andhra Pradesh Industrial Disputes Rules, for the purpose of effecting retrenchment. Immediately, the Employees' Union raised a dispute before the Conciliation Officer, which was admitted to conciliation. Retrenchment was to take place with effect from 14th days September, 1983 i.e., on the expiry of seven days from the date of publication of the seniority list. At that stage, the petitioners filed this writ petition in this Court on 12th September, 1983 and on 14th September, 1983, this Court granted stay of retrenchment pending further orders on the writ petition. I am told that this order was made absolute, and now the writ petition has come up before me for final hearing. 2. Mr. A. Jagannadha R...
Tilak Shaheen and ors. Vs. Omprakash Gupta and ors.
Court: Andhra Pradesh
Decided on: Jan-28-1984
Reported in: AIR1986AP16
1. A short but interesting question of law arises in this appeal regarding the effect of amendment of O. 21, R. 58, CPC by the amending Act No. 104 of 1976 with effect from 1-2-1977. The Ist respondent herein, Omprakash Gupta, filed a suit bearing O. S. No. 843 of 1976 against the 2nd respondent herein Shankarlal, in the court of the IVth Addl. Judge, City Civil Court, Hyderabad for recovery of Rs. 11,000/- and odd. In that suit, an application I. A. No. 1 of 1976 was filed by the Ist respondent for attachment before judgment of the moveable in the premises No. 2-3 belonging to the appellant herein on the ground that the moveables in the said premises belong to the 2nd respondent. Pursuant to the above application, attachment was effected on 3-1-1977.The appellant then filed a claim petition No. I. A. No. 13 of 1977 under O. 38, R. 8 CPC for release of the property from attachment on the ground that the moveables belonged to her and did not belong to the 2nd respondent. After appropria...
In Re: Ashfar Ahmed
Court: Andhra Pradesh
Decided on: Jan-20-1984
Reported in: AIR1984AP247
ORDER1. The wife sued her former husband as an indigent person claiming return of Mehr. She sought and obtained permission of the Court to sue as an indigent person long back. On the ground that she was not possessed of sufficient means to pay the Court-fee, the Court below, granted the wife's application filed under Order 33, Civil Procedure Code the husband allowed that order of the Court to become final. Now after the suit has been numbered as O.S. 39/82 and issues have been framed, the husband filed the present application contending in substance that the earlier order made by the Court permitting the wife to sue him as an indigent person, was wrong, because she was even by then possessed of sufficient means to pay the Court-fee. That application was rejected by Court below. Against that, the husband files this Civil revision petition.2. Iam not inclined to admit the revision petition and prolong the life of this litigation and aneny of the parties. Even assuming that all the petit...
Choudry Brothers Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Jan-17-1984
Reported in: [1986]158ITR224(AP)
P.A. Choudary, J.1. The following three questions are referred by the Income-tax Appellate Tribunal for obtaining the opinion of this court : '(1) Whether, on the facts and in the circumstances of the case, the assessment in the status of association of persons is valid (2) Whether, on the facts and in the circumstances of the case, the Tribunal can direct the assessee to file Form No. 11 and comply with conditions under section 184 and directing the Income-tax Officer to pass orders thereon (3) Whether, on the facts and in the circumstances of the case, the assessee is entitled to benefits of registration ?' 2. In order to be able to answer these questions, a few facts as they appear from the statement of case are stated. 3. The assessee is a partnership firm constituted under a deed of partnership dated July 5, 1962, consisting of four partners of which Sushilchand Choudary was a minor represented by his mother. 4. For the assessment year 1966-67, the assessee filed an application ...
Sri Srinivasa Co. Vs. Firm, Vitta Dodda Hanumanthappa Anjayya Setti
Court: Andhra Pradesh
Decided on: Jan-17-1984
Reported in: AIR1985AP21
ORDER1. The appellant is the plaintiff. He filed the suit for recovery of certain amounts said to be due form the respondent-defendant. The trial Court decreed the suit. In so far as the principal amount is concerned, I am not concerned in this appeal. The appellant claimed interest on the basis of trade, custom and usage at the rate of 18% per annum on the amounts outstanding. The trial Court decreed the suit with interest at the rate of 12% per annum. Dissatisfied with the difference of the rate of interest at 6% the present appeal is filed.2. It is contended for the appellant that having held that there is trade custom and usage the trial Court ought to have granted interest as prayed for. It is contended that the liability was incurred in connection with the business dealings. Therefore under proviso to S. 34 of the Code of Civil Procedure the appellant is entitled to rate of interest charged by the nationalised banks on the money lent on commercial transactions. The rate of intere...
Registrar of Andhra University, Visakhapatnam and ors. Vs. N. Venkates ...
Court: Andhra Pradesh
Decided on: Jan-17-1984
Reported in: AIR1984AP248
K. Madhava Reddy, C.J. 1. This writ appeal is directed against the judgment of the learned single Judge allowing the writ petition and directing the respondents to provide forthwith admission to the writ petitioner into the first year B. E./B. Tech. Course in the academic year 1983-84. R. 5 of theRules of Admission which is relevant read as follows :-'5. Physically handicapped:- Eligibility: Only Orthopaedically handicapped candidates, supported by a certificate of a competent Medical Officer. The Principal of the College reserves the right to appoint a committee, if necessary, to decide the suitability of the candidate to pursue the course to which admission is sought and the decision of the committee shall be final. Selection will be made in order of merit from among the eligible candidates.' 2. It is common ground that the writ petitioner is an handicapped person and the certificate produced by him establishes that he is handicapped. His disability is assessed at 4 per cent. While t...
Andhra Pradesh Paper Mills Ltd. Vs. Asstt. Collector of Central Excise ...
Court: Andhra Pradesh
Decided on: Jan-16-1984
Reported in: 1985(4)ECC289; 1984(17)ELT300(AP)
Ramachandra Rao, J.1. The petitioner, a public limited company registered under the Companies Act and licensed under the Central Excises and Salt Act, 1944, manufactures different varieties of paper including 'poster paper' which are excisable goods within the meaning of Section 2(d) of the Central Excise Act. Section 2(d) defines excisable goods as meaning 'goods' specified in the First Schedule as being subject to duty of excise and includes salt. Section 3 of the said Act provides for levy and collection of excise duty and it reads as follows : '3. Duties specified in the First Schedule to be levied : (1) There shall be levied and collected in such manner as may be prescribed duties of excise on all excisable goods other than salt which are produced or manufactured in India and a duty on salt manufactured in, or imported by land into, any part of India as, and at the rates, set forth in the First Schedule. (1-A) The provisions of sub-section (1) shall apply in respect of all excis...
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