Andhra Pradesh Court August 1984 Judgments
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Bakelite Hylam Ltd. Vs. S.J. Hasan
Court: Andhra Pradesh
Decided on: Aug-29-1984
Reported in: (1985)ILLJ438AP
1. The main question for consideration in this appeal is whether Rule 15 of the Managerial Staff Gratuity Fund Rules of the Defendant-company constitutes a restraint of trade within the meaning of S. 27 of the Contract Act (Act 9 of 1872) and if so is it valid. 2. The defendant is the appellant. The sole respondent-plaintiff filed a suit for recovery of Rs. 25,000/- the sum due towards gratuity from the defendant-company wherein he worked as a manager till he resigned on 4th October, 1976. The plaintiff avers that on 4th October, 1976, he submitted his resignation and the same was accepted by the defendant on 3rd December, 1976, but when he demanded payment of the gratuity, the defendant instead that he should give an undertaking or confirmation in terms of Rule 15 of the company's gratuity scheme, which is wholly unnecessary, and the defendant failed to pay the gratuity due to him though he has not engaged himself or has not done any act prejudicial to the interests of the company and...
Leela Jolly Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Aug-29-1984
Reported in: AIR1986AP183
ORDER1. This writ petition arises under the Urban Ceiling Act (hereinafter referred to as the Act). The petitioner was admittedly holding excess vacant land. He had therefore made declaration under the Act showing the excess land. Following the procedure prescribed by the Act, the excess holding has been determined under S. 10, Cl. 3 of the Act. The Competent Authority by a notification published in the official Gazette of the State declared the excess vacant land. As a result of that notification and by reason of Cl. 3 of S. 10 of the Act the vacant land is vested absolutely in the State Government, free from all encumbrances. Now subsequent to the aforesaid notification made under S. 10 Cl. 3 of the Act, the petitioner had made an application before the State Government on 12-6-84 under S. 20 of the Act, seeking exemption of the excess vacant land from the provisions of the Act. That application has not yet been disposed of by the Government. But the Competent Authority acting under ...
Mohd. MoIn @ Mohd. Moiz Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-29-1984
Reported in: 2(1985)ACC325
Sriramulu, J.1. In this revision case, the conviction of the appellant Under Section 304-A I.P.C. by the 6th Metropolitan Sessions Judge as confirmed by the Metropolitan Sessions Judge, Hyderabad is being challenged.2. The case of the prosecution is that at about 1 p.m. on 26/7/1982 the accused-appellant drove a lorry AAT 7122 rashly and negligently at a high speed, overtook a bullock cart, took the said lorry to the extreme right side of the road and dashed against the deceased, a young boy of about thirteen years by name Sheriff, who was then proceeding on a cycle in the opposite direction towards A truer pet near the slaughter house, as a result of which the boy fell down from the cycle and the lorry run over him, resulting in his instantaneous death. The accused proceeded to a short distance then stopped the lorry and fled away from the spot. The occurrence was witnessed by PW 1 and PW 2. The trial court, relying upon the testimony of P.Ws. 1 and 2 who were the eye-witnesses, found...
Commissioner of Income-tax, Andhra Pradesh, Hyderabad Vs. Begun Noor B ...
Court: Andhra Pradesh
Decided on: Aug-28-1984
Reported in: [1987]163ITR389(AP)
Raghuvir, J. 1. In this reference, Begum Noor Banu Alladin is the assessee. She owned a building 'Rockland House' and vacant land of five acres at Sanatnagar. The assessee gifted away the two properties. The Rockland House was gifted on September 17, 1963, to her daughter-in-law, Sultana, and two grandsons-Aziz Noor Mohd. and Asif Noor Mohammad. Three days later, a memorandum was reduced to writing confirming the oral gift on September 20, 1963. As to the vacant land, the assessee made an oral gift on April 1, 1966, in favour of a charitable trust. Mohd. and Noor Mohammad are the trustees of the trust. The trustees were delivered the vacant land. The two confirmation deeds executed by the donor on September 20, 1963, and on April 1, 1966, were not registered under the Indian Registration Act, 1908. Begum Noor Banu Alladin died. Before the authorities under the Income-tax Act, 1961, the legal representatives of the donor asserted that the gifts were true and were made on September 17 of...
Commissioner of Income Tax Vs. Begum Noor Banu Alladdin.
Court: Andhra Pradesh
Decided on: Aug-28-1984
Reported in: (1985)47CTR(AP)210
...
Commissioner of Income-tax Vs. Warner Hindusthan Ltd.
Court: Andhra Pradesh
Decided on: Aug-24-1984
Reported in: (1985)46CTR(AP)34; [1986]160ITR217(AP)
Upendra Lal Waghray J.1. This is a reference under section 256(1) of the Income-tax Act, 1961. The assessee is a public limited company. Their accounting year is the calendar year. For the assessment years 1970-71 and 1971-72, the Income-tax Officer had rejected certain pleas raised by the assessee and made the assessment orders. The assessee carried the matter in appeal to the Appellate Assistant Commissioner who, by a single consolidated order, partly allowed the two appeals. Against the said order, the assessee filed two appeals and the Revenue also filed two appeals before the Income-tax Appellate Tribunal. The said four appeals were disposed of by the Tribunal by a common order dated March 24, 1976, by which the Tribunal dismissed the appeals of the Revenue and partly allowed the appeals preferred by the assessee. Both the assessee and the Revenue filed applications for reference before the Tribunal under section 256(1) of the Income-tax Act. On the said applications, the Tribunal...
Patel Roadways Pvt. Ltd. Vs. the Republic Forge Co. Ltd.
Court: Andhra Pradesh
Decided on: Aug-24-1984
Reported in: AIR1985AP387
ORDER1. The petitioner is the defendant. He is a transporting company. The respondent-plaintiff laid the suit for recovery of the value of certain goods consigned. M/s Motor Industries Limited, Bangalore entrusted the goods to the petitioner for transshipment and delivery of the same to the respondent at Hyderabad. Admittedly, they were consigned on 2-6-78 and 30-5-78. They were lost, and ultimately though the petitioner collected the freight charges, did not give delivery of the goods, or its value thereof. As a result, the respondent laid the suit for the value of the goods consigned. An objection has been taken with regard to the territorial jurisdiction of the lower court contending that the consignment note postulates that any dispute would be subject to the adjudication of the courts at Bombay since the Head office the petitioner-company is situated at Bombay. The trial Court negatived that contention and held that it had jurisdiction to try the suit. As against the said order, t...
Sri Jayalakshmi Cloth Stores Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Aug-24-1984
Reported in: [1985]155ITR425(AP)
Anjaneyulu, J. 1. The Income-tax Appellate Tribunal referred the following question of law for consideration of this court under s. 256(1) of the I.T. Act : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the Income-tax Officer had jurisdiction to levy the penalties for the assessment years 1969-70 and 1970-71, in view of the amendment to section 274(2) of the Income-tax Act, 1961 ?'2. For the income-tax assessment years 1969-70 and 1970-71, the ITO made certain enquiries and came to the conclusion that the assessee had concealed its income in the returns filed. Assessments for these two years were completed on March 18, 1972. On the same date, the ITO issued notices for both the assessment years requiring the assessee to show cause why penalty should not be levied for concealment of income. The assessee submitted an explanation asserting that no income was concealed. The explanation was rejected. The ITO determined the inc...
Penmatsa Janikamma and anr. Vs. Atchanata Bulleyya
Court: Andhra Pradesh
Decided on: Aug-24-1984
Reported in: AIR1985AP234
1. Defendants 1 and 2 are the appellants in this appeal. This suit is laid by the respondent herein, the sole plaintiff for a declaration that the sale held by the court in E. P. No. 35/69 O.S. No. 127/66 on 21-7-70 is null and void or to set aside the sale and direct defendants 1 and 2 to pay the amounts withdrawn by them and also refund the amount in deposit in the court.2. The Plaintiff also filed along with the suit two applications E.A. No. 164/73 in O.S. No. 127/66 under S. 17 of the Limitation Act and also E.A. No. 165/73 under Ss. 47 and 151, C.P.C. praying alternatively to set aside the sale explaining the delay in filing the said application if the suit is held to be not maintainable.3. The plaint allegations in brief are: Defendants 1and 2 obtained money decrees against defendants 3 to 7 and the1st defendant brought the property to sale in execution of his decree subject to three mortgages dated 6-5-60, 7-5-60 and 14-8-63 valued at Rs.12, 000/-. Rs.6, 000/- and Rs.2, 500/- r...
The Chairman, A.P.S.R.T.C., Hyderabad Vs. Shafiya Khatoon and ors.
Court: Andhra Pradesh
Decided on: Aug-24-1984
Reported in: AIR1985AP83
Jagannadha Rao, J.1. The following questions arise for consideration in this appeal as to how compensation under S.110-B of the Motor Vehicles Act is to be computed, what is meant by loss to the 'dependency' and how is the 'multiplier' to be chosen, what is meant by the loss to he 'estate' and how is it to be computed, can the compensation be shared by the dependents not enumerated under the Fatal Accidents Act, 1855 and finally as to how the compensation is to be apportioned?2. The deceased Mohd. Mahfooz was a carpenter when he died, he was aged 22 years. The accident occurred at 9.45 p.m. on 14-11-1977 at Hanamakonda when a bus belonging to the appellant Corporation bearing the number APZ 8330 knocked down the deceased. The deceased was admitted in the Mahatma Gandhi Hospital, Warangal and he expired on 21-11-1977 in the hospital at 9.00 p.m. The deceased was a carpenter owning a carpentry shop at Hunter Road and was earning Rs.400/- to Rs.500/- per month. He left behind him his moth...
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