Andhra Pradesh Court October 1986 Judgments
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Chavali Shivaji and ors. Vs. Govt. of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Oct-28-1986
Reported in: AIR1988AP124
ORDER1. in the years 1977and 1978, the A.P. State Road Transport Corporation (for short-'APSRT'C') published draft proposals under Section 68C of the Motor Vehicles Act, 1939, proposing the Nationalisation of almost all the routes of Nellore and Prakasam Districts. Although the draft scheme were published more than nine years back. they not finally disposed of by the State Government under Section 68D of the Motor Vehicles Act hereinafter referred to as 'the Act'). As a result, these draft proposals have been continuing to remain as draft proposals only. While they remain as draft proposals, objections and representations have been filed by the Public and the existing transport operators. But the Government did not consider those objections and as a result, they neither modified nor approved the draft proposals. To the above deplorable situation, the directions issued by this court to call for fresh representations made no difference. In a batch of writ petitions, which were disposed o...
K. Narmada Vs. the Secretary, Medical and Health Department, State of ...
Court: Andhra Pradesh
Decided on: Oct-24-1986
Reported in: AIR1988AP2
ORDER1. Questioning the action of the State Government and, the Principals of the three medical colleges - Hyderabad, Kurnool and Guntur - in denying admission to first year of the M.B.B.S., course, the petitioner Kumari K. Narmada had filed this writ petition seeking a writ of mandamus directing the respondents to admit her to the first scar M.B.B.S. The basis for denial of seat to the petitioner was that she was under- aged.2. T he petitioner passed S. S. C.. examination from Gujarathi Vidyamandir, Hyderabad in 1984 securing 80.8 per cent and throughout her school career she was a scholarship holder. She passed the Intermediate examination in Mar., 1986 securing 80.3 per cent in the optional subjects- Biology, Physics and Chemistry - and during these two years she was a scholarship holder. Her date of birth as entered in the S.S.C. register was 12-4-1970. When she appeared for the S.S.C. examination, she was under- aged by seven months and twelve days, but the District Educational Of...
The Oriental Fire and General Insurance Company Ltd. Vs. Matta Chandra ...
Court: Andhra Pradesh
Decided on: Oct-18-1986
Reported in: II(1987)ACC28
Jagannadha Rao, J.1. Several questions relating the liability of the Insurance Company under Section 95 of the Motor Vehicles Act, in respect of passengers carried for hire or reward, or gratuitously in a goods vehicle or -a passenger vehicle and of the liability of the owner under the Law of Torts, arise in these three appeals.2. The appeals relating to passengers in a 'good vehicle' are two and they are CMA Nos. 486 and 502 of 1982. They arise respectively out of OP Nos. 99/1980 and 119/1980. In both the appeals, the Insurance Company is the appellant and the respondents are the owner of the vehicle (the Andhra Pradesh Paper Mills Limited, Rajahmundry) and the legal representatives of either the deceased (in OP No. 119/1980) or the injured person (in OP No. 99/1980). The 'goods vehicle' belonging to the Andhra Paper Mills was carrying bamboo belonging to the Company. While the vehicle was passing through the forests, the two police constables,--the injured one as well as the deceased...
Commissioner of Income-tax Vs. Ravi Constructions and Uma Construction ...
Court: Andhra Pradesh
Decided on: Oct-17-1986
Reported in: [1987]169ITR662(AP)
Jeevan Reddy, J.1. An identical question is referred for the opinion of this court under section 256(1) of the Income-tax Act, 1961, in both these referred cases. The assessee in R. C. No. 50 of 1981, is 'Ravi Constructions, Visakhapatnam', while 'Uma Constructions, Visakhapatnam', is the assessee in R. C. No. 51 of 1981. The assessment year concerned is 1973-74. The question referred in both the referred cases is 'Whether, on the facts and in the circumstances of the case, the assessee was entitled to registratio ?'. For the sake of convenience, we shall refer to the facts in R. C. No 50 of 1981 (Ravi Constructions, Visakhapatnam), since all the relevant facts are identical in both the cases. 2. A partnership firm, 'M/s. Y. Seetayya and P. R. Rao', constituted on October 1, 1971, had obtained and was engaged in executing certain contracts for the construction of port-monoliths for the dry dock and for the supply of building material at Visakhapatnam. The partnership consisted of two p...
Commissioner of Income-tax Vs. Godavari Plywoods Ltd.
Court: Andhra Pradesh
Decided on: Oct-17-1986
Reported in: (1987)62CTR(AP)179; [1987]168ITR632(AP)
Y.V. Anjaneyulu, J.1. In a batch of cases, references were made to this court by the Income-tax Appellate Tribunal under section 256(1) of the Income-tax Act, 1961 ('the Act' for short). All the cases involve a common question of law; there are other questions also in a few cases. Before setting out the main question referred for the consideration of this court, it will be expedient to refer to the facts giving rise to this question. 2. As part of the measures to ensure balanced regional development, the Government of India had announced certain financial incentives for industries established in selected backward districts/areas. These are in addition to the facilities and incentives offered by the individual State Governments. The incentive scheme for the country as a whole, as announced by the Government of India in the year 1971, is 'CENTRAL OUTRIGHT GRANT OR SUBSIDY SCHEME, 1971'. The backward areas under the scheme were clearly specified. In order to become eligible to the Central...
Additional Commissioner of Income-tax Vs. Skoda Export
Court: Andhra Pradesh
Decided on: Oct-17-1986
Reported in: [1988]172ITR358(AP)
B.P. Jeevan Reddy, J. 1. The question referred in this case under Section 256(2) of the Income-tax Act, 1961, reads thus :'Whether, on the facts and in the circumstances of the case, any profits or gains accrued or had arisen to the non-resident in India on account of the supply of machinery and documentation to M/s. Bharat Heavy Plate and Vessels Ltd. for the assessment years 1969-70 and 1970-71?'2. On November 24, 1959, an agreement on economic co-operation was entered into between the Government of India and the Government of Czechoslovakia, Socialist Republic, concerning the establishment of certain industrial plants in India. On November 30, 1965, another agreement was entered into between the President of India and the Technoexport, Praha, Czechoslovakia, for the establishment of a plate and vessels plant in India.3. Bharat Heavy Plate & Vessels Ltd., Visakhapatnam, a Government of India undertaking, was incorporated in June, 1966. The assessee entered into two agreements with M/...
Commissioner of Income-tax Vs. 1. Ravi Constructions. (Case Referred N ...
Court: Andhra Pradesh
Decided on: Oct-17-1986
Reported in: (1988)66CTR(AP)210; [1988]169ITR662(AP)
JEEVAN REDDY J. - An identical question is referred for the opinion of this court under section 256(1) of the Income-tax Act, 1961, in both these referred cases. The assessee in R. C. No. 50 of 1981, is 'Ravi Constructions, Visakhapatnam', while 'Uma Constructions, Visakhapatnam', is the assessee in R. C. No. 51 of 1981. The assessment year concerned is 1973-74. The question referred in both the referred cases is 'Whether, on the facts and in the circumstances of the case, the assessee was entitled to registratio ?'. For the sake of convenience, we shall refer to the facts in R. C. No 50 of 1981 (Ravi Constructions, Visakhapatnam), since all the relevant facts are identical in both the cases.A partnership firm, 'M/s. Y. Seetayya and P. R. Rao', constituted on October 1, 1971, had obtained and was engaged in executing certain contracts for the construction of port-monoliths for the dry dock and for the supply of building material at Visakhapatnam. The partnership consisted of two partne...
Silla Jagannadha Prasad Vs. Silla Lalitha Kumari
Court: Andhra Pradesh
Decided on: Oct-15-1986
Reported in: AIR1989AP8
Amareswari, J.1. These two Civil Miscellaneous Appeals arise out of connected proceedings. C.M.A. No. 825 of 1981 is filed against the order dt. 19-8-1981 in O.P. No. 16 of 1979 dismissing the petition filed by the husband for divorce. C.M.A. No. 324 of 1983 is filed against the order in I.A. No. 203 of 1981 dt. 12-4-83 in O.P. No. 16 of 1979 granting maintenance to the wife. In both the appeals the husband is the appellant.2. We will first take up C.M.A. No. 825 of 1981. The parties were married on 1-6-1975 at Srikakulam. The respondent is the appellant's step-sister's daughter and is a native of Bhilaspur. The parties lived happily for a year. The case of the appellant is that the respondent was taken by her father for Dasara, one year after the marriage and never sent her back. The respondent's father was always insisting that some property should be kept in the name of the respondent and he was more interested in money than his daughter's happy marital life. In spite of repeated re...
Gali Kondaiah Vs. Gali Ankamma
Court: Andhra Pradesh
Decided on: Oct-15-1986
Reported in: AIR1988AP68
Amareswari, J. 1. This appeal is from the order of the learned Subordinate Judge, Kayali, in O. P. No. 8178 dismissing the petition filed by the husband for dissolution of marriage. 2. The husband is the appellant. The petition is filed u/s. 13(1)(i) of the Hindu Marriage Act as amended by Act 68 of 19,76. The case of the appellant is that the respondent-wife was leading an unchaste life and she has illicit connection with one Nageswara Rao. The respondent denied the allegation of unchastity. She alleged that the appellant was having illicit intimacy with his brother's wife and with a view to avoid her, she was sent away to her parents' house. 3. The learned trial judge found that the allegation of unchastity on the part of the wife is true and that she was having illicit intimacy with Nageswara Rao. However, he dismissed the application on the ground that the adulterer was not impleaded as a party to the proceedings as required under Rule 8 of the Rules framed under the Hindu Marriage...
Vinayak Trading Co. and ors., Etc. Vs. Sham Sunder and Co.
Court: Andhra Pradesh
Decided on: Oct-15-1986
Reported in: AIR1987AP236
ORDER1. The petitioner is the defendant in O.S. Nos. 39 and 40 of 1981 on the file of the Court of District Judge, Adilabad. He sought for appointment of a Commissioner for recording his evidence on commission. An affidavit has been filed by the counsel for the petitioner stating that the petitioner has been apprehending danger to his life if he reaches Adilabad town for giving evidence. The lower court has dismissed the application on two grounds, viz., (i) since the petitioner has not filed the affidavit, the application made is not proper; and (ii) that the petitioner has at no point of time appeared before the Court. Sri Ananda Rao, learned counsel for the respondents seeks to support the order under revision, but I am not able to agree with the learned counsel. O. 26 R. 2 C.P.C. postulates :'An order for the issue of a commission for the examination of a witness may be made by the Court either of its own motion or on the application supported by affidavit or otherwise, of any part...
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