Andhra Pradesh Court March 1985 Judgments
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P. Rami Reddy Vs. P. Sundara Rama Reddy and ors.
Court: Andhra Pradesh
Decided on: Mar-25-1985
Reported in: AIR1986AP29
1. The appellant-decree holder obtained a final decree in a mortgage suit on Jan. 18, 1971 on the foot of a mortgage deed dated July 27, 1959. He laid the execution in E. P. No. 48 of 1972. Items 1 and 12 of the E. P. Schedule were sold on Sept. 4, 1978 in which the second respondent purchased item 12 and third respondent purchased item 1 of the E. P. Schedule. To set aside the sale, an application has been filed under O. XXI Rr. 89 and 90 of the Civil P. C., the lower Court set aside the above sales. As against that order in respect of them 12 of E. P. Schedule the present appeal has been filed. At this stage it is necessary to clarify that the third respondent did not file any appeal. Therefore, the order setting aside the sale made in his favour was allowed to become final.2. The sale was set aside on three grounds. The second respondent acting on behalf of the decree-holder, played fraud on the Court in undervaluing the property by the Amin. The bidders who participated in the auct...
Devireddy Venkatasubbareddy and anr. Vs. District Collector, Nellore a ...
Court: Andhra Pradesh
Decided on: Mar-25-1985
Reported in: AIR1986AP124
ORDER1. The main contention urged in this writ petition is that, notification under S. 4(1), Land Acquisition Act not having been published in two daily newspapers, as required by the Central; Amendment Act 68 OF 1984, the notification itself fails and must be quashed.2. By the Central Amendment Act, the following words are added to sub-s (1) of S. 4 after the words 'shall be published in the Official Gazette ' and before the words 'and the Collector shall cause public notice':-'and in two daily newspapers circulated in that locality of which at least one shall be in the regional language.'3. The notification impugned herein was published in the District Gazette on 7-11-1984 and till the matter was heard in the month of March, 1985, it is admitted, the notification was not published in to daily newspapers. The contention of the learned Government Pleader , however, is that the said requirement is not ,mandatory, but is only directory and, therefore, the non-compliance therewith does no...
United India Fire and General Insurance Co. Ltd. Vs. Pelaniappa Transp ...
Court: Andhra Pradesh
Decided on: Mar-21-1985
Reported in: AIR1986AP32
1. The appellant-United India Fire and General Insurance Company Limited obtained two letters, one, dated Feb. 5, 1973 letter of subrogation and the other, letter of assignment of even date Ex. A-3 from M/s. V. K. Brothers, a partnership firm, second respondent herein with a right to recover the suit claim against Sri Palaniappa Transport Carriers, first respondent herein. The facts leading thereto are that M/s. V. K. Brothers (second respondent) consigned six bales of cloth to be delivered at Madras and entrusted to the first respondent Transport Carriers, for delivery thereof to the consignee. Before consigning the second respondent also insured the six bales of cloth with the appellant under a policy. When the goods were delivered at Madras, they were found to be damaged and the authorised values made valuation thereof at Rs. 7,199-25 ps. It was found that the first respondent was responsible for causing damage and that the damage was causes due to their negligence. But pursuant to ...
Namala Pitchaiah and ors. Vs. District Collector, Guntur and ors.
Court: Andhra Pradesh
Decided on: Mar-21-1985
Reported in: AIR1986AP60
ORDER1. The District Collector, Guntur, had published a notification under S. 4(1) of the Land Acquisition Act in the Guntur District Gazette, Extraordinary dt. 17-6-1983 proposing to acquire Ac. 4.80 cents situated in S. Nos. 649-3B of Nandirajupalem Village, hamlet of Bellamkonda, Tajupelam Taluk Guntur District. The substance of that notification was published in the locality on 30-6-1983 and possession was taken of that land on 7-11-1983 and pattas were also distributed to the beneficiaries. The acquisition of the land was for the purpose of providing house-sites and S. 5-A inquiry under the Act had been dispensed with on the same day on which S. 4(1) had been published. Now, this writ petition has been filed by the three persons all of whom claimed to be small farmers, on the ground that the District Collector, having dispensed with the holding of S. 5-A inquiry had failed to take possession within three months from the date of the notification published under S. 4(1) and that acc...
Zdzizlaw Skakuz Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Mar-19-1985
Reported in: (1986)50CTR(AP)39; [1986]158ITR420(AP)
P.A. Choudary, J.1. One Zdzizlaw Skakuz, a Polish national was assessed in the status of an Indian resident for the assessment years 1970-71, 1971-72, 1972 73 and 1973-74. The assessee was an employee of a Polish firm called Z.P.M. & H.Cegielski, Poznan (Poland). Under two contract of agreements dated December 17, 1965, and November 20, 1970, entered into by the Hindustan Shipyard Ltd., Visakhapatnam, with the above mentioned Polish firm, the assessee was deputed to India to supervise the work of installation and erection of machinery in the new ships of M/s. Hindustan Shipyard Ltd. Visakhapatnam. Under the terms of those contracts, the Hindustan Shipyard took the responsibility to pay income-tax which was due and payable by the assessee on the total income which he had earned during the period of his stay in India during the above-mentioned assessment years. Clause 17 of the agreement dated November 20, 1970, provides as under - 'should the income-tax authorities levy any income-tax o...
Bairisetti Subbaraju and ors. Vs. Commissioner of Survey Settlements a ...
Court: Andhra Pradesh
Decided on: Mar-15-1985
Reported in: AIR1985AP329
ORDER1. This Writ Petition was filed by 9 petitioners for the issuance of a writ in the nature of prohibition to restrain the Commissioner of Survey, Settlement and Land Records, respondent 1 and the Director of Settlement, Survey and Land -Records, respondent 2 from proceeding with the suo motu revision taken up at the instance of the Divisional Forest Officer, Kakinada, respondent 3. It may be stated that it is only respondent 1 that is proposing to take proceedings.2. The facts leading to the writ petition may be briefly stated as follows:- The land which are of an extent of Hec. 134-92 (Ac.village, Yellavaram Taluk, East Godavari District and formed part of Kota Mutta. These lands were granted on yearly leases to the petitioners by the Muttadar in the year 1960. The Mutta was abolished and taken over by the Government under the provisions of A.P.Muttas (Abolition and Conversion into Ryotwari) Regulation 1969, A.P.Regulation 2 of 1969 (hereinafter called the Regulation) After abolit...
New Kailash Bangles Stores Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-13-1985
Reported in: [1986]63STC156(AP)
K. Ramaswamy, J. 1. The petitioner, a registered dealer under the Andhra Pradesh General Sales Tax Act (6 of 1957), for short, 'the Act', is assailing in this revision filed under section 22 of the Act, the legality of the revised assessment order dated 31st July, 1980, made under section 14(4) of the Act by which exemption accorded in the assessment order for the year 1974-75 was set at nought. 2. The facts lie in a short compass and they are stated thus. The petitioner is a dealer in bangles. While submitting its returns of net turnover sought exemption of a turnover of Rs. 1,94,563.42 on the premise that it purchased bangles from M/s. Durga Bangles, Peddapalli, and M/s. Vijayalakshmi Bangles, Karimnagar, of the above value which had already suffered tax. Believing the statement, the Commercial Tax Officer, Nizamabad, accorded exemption and passed assessment order for the year 1974-75 on 22nd July, 1976, and was served on the petitioner on 11th August, 1976. The subsequent enquiry re...
U. Foam Ltd. Vs. Union of India and ors.
Court: Andhra Pradesh
Decided on: Mar-06-1985
Reported in: 1987(27)ELT262(AP)
P.A. Choudary, J.1.The Writ Petitioner - a limited Company with its registered office situated at Hyderabad - has a Central Excise Licence to manufacture artificial of synthetic resins and plastic material, and articles thereof. The petitioner - Company holds L 4 No. 6/78 Central Excise Licence authorising it to manufacture goods covered by the Central Excise Tariff Item 15-A. Item 15-A mentions several products of which we are concerned with a product called by name Polyurethane Foam. Normally, the above the said product - which is one of the excisable goods within the meaning of Section 3 of the Central Excise Act - is produced or manufactured within the factory premises. The goods so manufactured are normally despatched as Polyurethane Foam. There is no dispute that the production of such Polyurethane Foam is subject to the excise-duty leviable by reason of Section 3 of the Central Excise Act read with Item 15-A of the First Schedule. But, the present controversy relates to the manu...
Bharat Heavy Plates Vs. Vessels Ltd.
Court: Andhra Pradesh
Decided on: Mar-01-1985
Reported in: (1986)ILLJ145AP
Introduction :- 1. Sodam Kohinoor was married to Sodam Prasadarao and has three minor children. The husband is an employee of M/s. Bharat Heavy Plates and Vessels Limited, Visakhapatnam, which is a wholly Government owned and controlled company and is, therefore, an instrumentality of the State, within the meaning of Part III of the Constitution. The husband took on lease from that company, presumably on subsidised rates, quarters No. F-134 owned by that company where he set up his family. While the husband and wife were living together in that quarters which was made their matrimonial home by the apparent consent of the company, differences developed between them, leading to their estrangement and finally to the wife going to a court charging her husband with criminal neglect to maintain her and her three minor children. The Judicial First Class Magistrate, Kovvur, who inquired into that Charge in M.C. No. 70/80 upheld the wife's contention and granted maintenance decree. Under that o...
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