Andhra Pradesh Court August 1985 Judgments
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Patalapati Venkatanarasayyamma Vs. Susarla Subbalaxmi
Court: Andhra Pradesh
Decided on: Aug-08-1985
Reported in: I(1987)ACC97
K. Ramaswamy, J.1. The appellant is the employer. The Commissioner for Workmen's Compensation, under Sections 3 and 4-A of the Workmen's Compensation Act, 1923 (Act VIII of 1923), for short 'the Act' directed the appellant to pay to the respondent-widow of the employee Narayana Rao, Rs. 7,000/- towards compensation and Rs. 3,115/- as interest at 6% per annum thereon from 22-2-1973 till the date of order. This appeal is directed against the said order.2. It is contended that the deceased Narayana Rao is not an employee but a casual worker on daily wages of Rs. 3/- and therefore he is not entitled to any compensation at all. Alternatively, it is pleaded that the direction to pay interest from the date of the death of the deceased is illegal. By operation of Section 10-A read with Section 4-A(3) of the Act, the liability to pay interest arises only on quantification of the compensation by the Commissioner and a month's notice of demand is to be given and if it is not paid, interest is to ...
Kerala Transport Co., Hyderabad and Etc. Vs. Atul Kumar Agarwal and Et ...
Court: Andhra Pradesh
Decided on: Aug-07-1985
Reported in: AIR1986AP306
Jagannadha Rao, J. 1. The following questions of law arise for consideration in these two appeals :(1) Whether determination of a contracutal tenancy by notice to quit under S. 106 of the Transfer of Property Act or otherwise, or the passing of a decree for eviction by a civil Court, during the ten year period of exemption become null and void if, during the pendency of the suit in the trial Court or Court of appeal the said period expires ? (2) Whether a decree for mesne profits likewise obtained for the period when the building was not coverned by the Rent Control Law, becomes ineffective and is liable to be set aside when the period of exemption of ten years expires during the pendency of the appeal 2. The following facts in C. C. C. A no. 78/81 are material. The leease in favour of the respondent in this appeal commenced on October 7, 1972, the rent being Rs. 750/- per month. The responent-landlord gave a notice under S. 106 of the T. P. Act on December 23, 1978, terminating the te...
V. Govindarajulu and Etc. Vs. the Regional Transport Officer, Anantapu ...
Court: Andhra Pradesh
Decided on: Aug-06-1985
Reported in: AIR1986AP7
P. Chennakesav Reddy, Actg. C.J.1. These cases raise a vexed question of considerable importance, frequently faced by the transport authorities and owners of public service vehicles and agitated before the Courts. The question is when is a 'contract carriage' as defined under Section 2 (3) of the Motor Vehicles Act, 1939, (for brief 'the Act') said to have been used as a 'stage carriage' as defined under section 2 (29) of the Act in order to attract the levy and demand of the increased rate of tax for a stage carriage as notified under section 3 of the Andhra Pradesh Motor Vehicles Taxation Act, 1963 (for brief 'the Taxation Act'). Is it necessary for the levy of tax as a stage carriage that the owner of the public service vehicle should hold a valid permit to ply it as a stage carriage? When one of the cases, W. P. No. 15820 of 1984 came up for hearing before Jeevan Reddy and Sardar Ali Khan, JJ., the learned Judges felt that the course of judicial authority on the question had not be...
T. Lakshmana Reddy Vs. the Government of India
Court: Andhra Pradesh
Decided on: Aug-05-1985
Reported in: (1986)ILLJ296AP
Raghuvir, J.1. The Writ petitioner was ordered to retire compulsorily on 28th October, 1975. Pending the writ petition, he died on 7th September, 1978. His spouse in the application stated she is the legatee under the last testament of the deceased executed 6th March, 1978. In the bequest she claims gratuity, pensions, postal cumulative deposit amounts, personal effects and immovable properties of the deceased. She, therefore, seeks to come on record in the writ petition. The application is resisted, inter alia, on the ground that it is not for this Court to interpret the testament of the deceased in Art. 226 proceedings. The petitioner should approach a civil court if she claims any right under the Will. 2. A learned single Judge of this Court directed the petition be heard by a Division Bench and consider the theory of 'rehabilitation of a dead man' in this application. Whether or not in a service writ petition LR application is maintainable was considered in Venkatachary v. State of...
K. Venkatadri Sarma Vs. Inspector General of Registration and Stamps, ...
Court: Andhra Pradesh
Decided on: Aug-05-1985
Reported in: AIR1986AP256
Kodandaramayya, J.1. The Commissioner of Survey, Settlements and Land Records, Hyderabad in his capacity as Chief Controlling Authority made this reference under S. 57(1), Stamp Act, 11 of 1899. The reference is in the following terms. Whether the document in question styled as lease-cum-sale agreement is chargeable with stamp duty under Art. 31 (a) (iv) and Art. 31 (c) of Sch. 1-A, Stamp Act, or the document has to be classified as an agreement chargeable with stamp duty of Rs. 5/- as contended by the petitioner.2. The facts leading to the reference are simple. The document Dt/- 27-7-1974 was executed by the petitioner in connection with the allotment of a house by the Andhra Pradesh Housing Board under hire purchase system. During the course of the audit of the office of the Andhra Pradesh Housing Board, the document in question was noticed and the same was reported to the Inspector General and the said Officer in his order D/- 22-10-1979 treating the document as one chargeable with ...
Mandegam Radhakrishna Reddy Vs. Sri Bharathi Velu Bus Service and Pres ...
Court: Andhra Pradesh
Decided on: Aug-05-1985
Reported in: AIR1986AP102; (1986)ILLJ336AP
A. Lakshmana Rao, J.This case is posted before us on a reference made by a Division Bench. Having been of the view that the question whether the remedy under S. 33-C(2) of the Industrial Disputes Act is barred by the provisions of S. 15 of the Payment of Wages Act, arises quite often and having been further of the opinion that the conflict between the two Division Bench decisions in A. B. Saleem v. The Labour Court, Hyderabad (supra) and M. Krishnaswamy v. Assam Tea Depot (supra) should be finally resolved the Division Bench directed that the writ appeal be posted before a Full Bench. 2. The appellant was appointed as driver by the management of Sri Venkateswara Bus Union in the year 1939. The said undertaking was transferred to M/s. Bharati Velu bus service, the first respondent in the year 1949 along with the personnel working in the undertaking including the appellant. He continued in the service of the first respondent without any change in his service conditions. On December 19, 1...
Karnati Mallikarjuna Rao and Co. Vs. Korlapati Krishna Murthy
Court: Andhra Pradesh
Decided on: Aug-02-1985
Reported in: [1986]60CompCas462(AP)
Seetharam Reddy, J. 1. Karnati Mallikharjuna and Rao Co. - a chit fund company - with its place of business at Khammam, filed a suit to recover a sum of Rs. 9,376 being the balance of principal and interest due on a promissory note executed by the defendant, a subscriber to the chit fund company, and was successful in the first court but on being unsuccessful in the second court came to this court in second appeal. 2. The relevant facts in brief giving rise to this second appeal are : The appellant - a registered partnership firm - commenced chit fund business in the year 1973 running a chit denomination of Rs. 10,000 with effect from January 1, 1973, and terminated on February 10, 1974. The members were to pay a sum of Rs. 250 in forty installments for every ten days and the respondent-defendant was one of such members. He successfully participated in the bid for Rs. 8,500 on June 1, 1973, which sum was paid to him by the appellant-plaintiff on June 2, 1973. Since the defendant-respon...
India Cable Co. Ltd. Vs. the Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Aug-02-1985
Reported in: AIR1987AP28
Jayachandra Reddy, J.1. Any welfare legislation, when enforced strictly, is likely to cause some hardship to one person or the other having interest in the property sought to be subjected to the rigour of such legislation. The Urban Land (Ceiling & Regulation) Act, 1976 is one such welfare legislation and it is also included in the 9th Schedule of the Constitution of India. Section 20 of the Urban Land (Ceiling & Regulation) Act, 1976, hereinafter referred to as 'the Act', however to some extent empowers the State Government to grant exemptions to alleviate such hardships. The State Government by G.O. Ms. No. 4778 Revenue (UCII) Department, dated 11-11-80, exercising its power under section 20 of the Act exempted an excess vacant land measuring 4776.84 Square mts. bearing premises No. 9-1-87 situated at St. John's Road, Secunderabad in Hyderabad urban agglomeration, held jointly by Sarvasri C.T. Vijaya Raghavan, C.T. Srinivasan, Smt. Leela Thanushkoti and Smt. Kanakam. It is this G.O. ...
Assistant Collector of Central Excise, Rajahmundry and anr. Vs. Andra ...
Court: Andhra Pradesh
Decided on: Aug-01-1985
Reported in: 1988(15)ECC120; 1987(32)ELT684(AP)
Anjaneyulu, J.1. The Assistant Collector of Central Excise and the Superintendent of Central Excise are the appellants herein. Respondent is the A.P. Paper Mills Limited, Rajahmundry, the petitioner in W.P. 1603/78- 1980 1603/78- 1980 (6)ELT 210 (A.P.) (hereinafter called `the assessee'). This appeal against the judgment of our learned brother Jeevan Reddy, J. raises a short question : Whether in determining the value in relation to excisable goods under Section 4(4)(d)(ii) of the Central Excises and Salt Act, 1944 (`the Act,' for Short), the gross amount of Excise duty payable has to be excluded from the normal price or only the net amount of Excise duty which is actually paid shall be excluded. The question has arisen in the following circumstances. 2. By a notification bearing No. 198/1976, dated 16-6-1976, which was later amended under Notification No.216/1976, dated 24-7-1976, the Excise duty payable by manufacturers of paper is reduced by 25% on clearances of their manufacture wh...
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