Andhra Pradesh Court February 1985 Judgments
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Jayantilal Goel Vs. Zubeda Khanum
Court: Andhra Pradesh
Decided on: Feb-18-1985
Reported in: AIR1986AP120
1. Defendant is the appellant. He has come in this Second Appeal against a concurring judgment. The suit was for the recovery of a sum of Rs. 8,000/- under a pro-note. Ex. A. 1, which was said to be executed on 23-4-1974. The allegation was that the amount was said to be borrowed as a hand-loan and when it was refused to be paid, a legal notice was issued under Ex. A-3 dated 26-11-1976 but the same was said to be returned unserved, but the suit however was laid on 16-12-1976.2. The defence in the written statement was that the plaintiff is a Tawaiff and the defendant, who is a man of affluence, was visiting regularly. There was no need or necessity for him to borrow the amount. Secondly, whenever he visited her house he was consuming liquor and when he was under the influence of intoxicant drinks, may be, his signature was obtained. So, even if there is any execution of such document, it was not done in consciousness. That apart, it is also averred that the pro-note is materially alter...
Malla Annapurnamma Vs. Additional Munsif Magistrate and ors.
Court: Andhra Pradesh
Decided on: Feb-18-1985
Reported in: 1985CriLJ1172
ORDERLakshminarayana Reddy, J.1. This is an application filed under Section 482 of the Criminal Procedure Code to issue directions directing the respondents herein to release the lorry bearing No. 5743 to the petitioner without insisting on the bond of third party immovable property security to be registered in favour of the first respondent herein, pending disposal of the Criminal Revision Case.2. The first respondent is the Additional Munsif Magistrate, Anakapalli. This Court in its order dated 14-11-1984 in Crl. M. P. No. 2719/84, directed that the lorry bearing APT 5743 be released on her furnishing third party immovable property security for a sum of Rs. 50,000/- to the satisfaction of the first respondent herein, i.e., the Additional Munsif Magistrate, Anakapalli. The petitioner now contends that she had accordingly deposited title deeds of the house of third party-Malla Venkata Rao - situated in Anakapalli town, valuing more than Rs. one lakh and she also filed the plan approved...
Andhra Steel Corporation Ltd. Vs. Commercial Tax Officer, Company Circ ...
Court: Andhra Pradesh
Decided on: Feb-13-1985
Reported in: [1988]68STC126(AP)
P.A. Choudary, J. 1. The petitioner is a dealer within the meaning of the Andhra Pradesh General Sales Tax Act. It manufactures iron and steel products and sells the same. Iron and steel is a declared goods under the Central Sales Tax Act. Following the Central Sales Tax Act, entry 2 of the Third Schedule to the above A.P. General Sales Tax Act declared iron and steel and several other iron products as liable to suffer sales tax only at the point of their first sale in the State of Andhra Pradesh. 2. For the assessment year 1971-72, the petitioner returned a gross turnover of Rs. 1,42,76,227.22. But the petitioner claimed various exemptions as applicable to the aforesaid gross turnover of its sales. In this writ petition, our concern is only with two items of such turnover which relates to sale of iron products. The first item of sale on which the petitioner had claimed exemption related to his sales of iron and steel products obtained out of iron scrap the sale value of which was put ...
B.V. Narasimhulu Chetty Vs. Ratakonda Krishna Murthy and ors.
Court: Andhra Pradesh
Decided on: Feb-13-1985
Reported in: AIR1986AP177
1. The plaintiff is the appellant. He filed a suit for recovery of Rs. 21,852.35 ps., being the principal and interest due on a promissory note executed by defendants 1 and 2. The trial Court dismissed the suit, holding that the transfer of the suit promissory note in favour of the plaintiff is not valid and legal and not enforceable against the defendants 1 and 2.2. The averments in the plaint are as follows : The plaintiff is a partner of the registered firm, Prakash Financiers. Defendants 1 and 2 borrowed from Prakash Financiers a sum of Rs. 15,000/- in cash agreeing to pay the same with interest at 18% per annum and executed the suit promissory note. The suit promissory note was transferred in the name of the plaintiff by the managing partner of Prakash Financeirs on 17-3-1973. Subsequent to this transfer, the plaintiff demanded defendants 1 and 2 to pay the amount, but they evaded. Therefore, the suit is filed against defendants 1 and 2 to pay the amount, but they evaded. Therefor...
Commissioner of Income-tax Vs. Khalid Mehdi and ors.
Court: Andhra Pradesh
Decided on: Feb-12-1985
Reported in: (1986)57CTR(AP)110; [1987]165ITR685(AP)
P.A. Choudary, J. 1. In R.C. No. 75 of 1979, the following question : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the rent of the building should be assessed under the head 'Income from property ?' has been referred for the opinion of this court at the instance of the Revenue. In this case, there are three respondents : Khalid Mehdi Khan, Toufiq Mehdi Khan and A. N. Nisar Mehdi Khan. 2. In R. C. No. 163 of 1979, the following questions have been referred for the opinion of this court, at the instance of the Revenue : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the directions given by the Commissioner to make the assessment in the status of an 'Association of persons' are invalid 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the rent of the building should be assessed under the head 'Property' in...
The Andhra Pradesh Power Diploma Engineers Association (General Wing) ...
Court: Andhra Pradesh
Decided on: Feb-11-1985
Reported in: (1988)ILLJ534AP
1. The petitioners in these six writ petitions are the employees of the Andhra Pradesh State Electricity Board belonging to various categories. W.P. No. 9772/83 is filed by 'Andhra Pradesh Power Diploma Engineers' Association' Similarly, W.P. No. 12298/84 is preferred by the A.P. State Electricity Board Employees' Union. The other four writ petitions are filed by individual employees. The grievance, however, is common, and arises from the manner in which the revised pay scales were fixed under B.P.Ms. No. 878, dated 5th October 1981 as modified by Board memo dated 11th October 1983.2. On 5th October 1981, a Memorandum of Settlement was arrived at and signed by the management and two Employees' Unions under Section 18(1) of the Industrial Disputes Act, read with Rule 64 of the A.P. Industrial Disputes Rules. Under this settlement, the Unions agreed to accept the offer of the management with regard to pay scales, quantum of Dearness Allowance, House Rent Allowance, City Compensatory Allo...
Vijayanarasimha Reddy Vs. Joint Transport Commissioner and Secretary, ...
Court: Andhra Pradesh
Decided on: Feb-08-1985
Reported in: AIR1985AP361
P.A. Choudary, J.1. In all these cases the petitioners are motor transport operators. They have filed these writ petitions seeking issuance of Writ of Mandamus to compel the State Transport authorities to consider their applications filed by them for grant of temporary permits under Section 68-F(IC) of the Motor Vehicles Act (hereinafter referred to as 'the Act'). These transport authorities alone had been made parties-respondents to these petitions. But, in none of these writ petitions the Andhra Pradesh State Road Transport Corporation (hereinafter referred to as 'the Act'). These transport authorities alone had been made parties-respondent to these petitions. But, in none of these writ petitions the Andhra Pradesh State Road Transport Corporation (hereinafter referred to sometimes as 'the APSRTC') was made a party and in none of these cases the petitioners had made any allegations to the effect that the competent transport authorities had formed nay opinion under Section 68-F of the...
Kuppannagari Sreeramamurthy and anr. Vs. Pydi Anda Rao and ors.
Court: Andhra Pradesh
Decided on: Feb-07-1985
Reported in: AIR1985AP336
Kodandaramayya, J.1. The main question for determination in this appeal is whether the sale deed in favour of plaintiffs conveying the interest of a partner in a partnership firm is hit by Condition 12 of the licence for cinema exhibition issued under the A.P.Cinemas (Regulation) Act , 4 of 1955 and consequently void.2. The suit is laid for accounting of dissolved firm and in the alternative for the share of the assets of the partnership firm on the basis of the sale deed obtained by the plaintiffs from defendant 3. The plaintiffs claim that they purchased the property under sale deed dated 5-1-1970 and the half share of defendant 3 in the partnership firm consisting of defendants 1 to 3 . It is averred that originally partnership firm was formed consisting of one Pydi Narasikha Apparao, father of defendants 1 and 2, defendant 3 and one Papi Naidu for running a cinema talkies. The said papi Naidu sold his one-third share to the father of defendants 1 and 2 and defendant 3 and the half ...
State of Andhra Pradesh and anr. Vs. Kannan Narayan
Court: Andhra Pradesh
Decided on: Feb-04-1985
Reported in: AIR1985AP343
Seetharama Reddy, J.1. The sole, short but highly sensitive question that arises for debate in this case is - whether a non-resident candidate from out of the State of Andhra Pradesh is entitled to admission to a seat in medical college within the meaning of 'non-local' candidate while reading in combination Art. 371-D, the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974 and the Rules framed under S.3 read with S.15 (1) of the A.P.Educational Institutions (Regulation of Admission and Prohibition of CapitationFee) Act (A.P.Act No.5 of 1983) issued under G.O.Ms. No.351, M & H, dt. 10th June , 1983 as amended inG.O.Ms.No. 502, M & H dt. 14th June, 1984.2. Now, the brief format. The respondent herein is the Writ Petitioner. He passed Intermediate examination during the academic year 1982-84 from Kendriya Vidyalayam Jyothipuram (J & K). He applied for admission to M.B.B.S. course pursuant toG.O.ms.No.502, M & H, dt. 14th June, 1984 issued by the Government of ...
Kanedena Veeraiah and ors. Vs. Narra Venkateswarlu and ors.
Court: Andhra Pradesh
Decided on: Feb-01-1985
Reported in: 1986CriLJ2065
Jayachandra Reddy, J.1. This is an appeal under Section 15 of the Letters Patent filed against the judgment of our learned brother, Seetharama Reddy J. in Contempt Case No. 153 of 1983. The facts which give rise to this appeal are as follows :The first respondent herein filed writ petition No. 4294 of 1983 questioning the land acquisition proceedings initiated by second and third respondents namely the District Collector, Prakasam District and the Tahsildar, Parqhur, Prakasam District, pursuant to a notification under Section 4(1) of the Land Acquisition Act issued on 13-4-1983. The first respondent filed W. P. M. P. No. 5878 of 1983 along with the writ petition seeking stay of all further proceedings including taking of possession, on which our learned brother passed an order on 24-5-1983 which is to the following effect:all further proceedings including taking of possession of about Ac 9-60 cents in S. No. 25/10, Annambhotlavari Palem, Prakasam District, be and hereby are stayed pend...
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