Andhra Pradesh Court April 1986 Judgments
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State Bank of Hyderabad Vs. Commercial Tax Officer-i, Nellore and anr.
Court: Andhra Pradesh
Decided on: Apr-21-1986
Reported in: [1991]80STC240(AP)
Raghuvir, J. 1. The Commercial Tax Officer, Nellore, served a notice on October 4, 1979, on the branch office of the State Bank of Hyderabad, Nellore. In that notice the bank was informed that Nunna Venkata Krishnayya is due in Rs. 19,800 to the Sales Tax Department. If any amount is lying in deposit to the credit of Krishnayya such amounts be remitted to the department. On that date Rs. 396.63 was in deposit. The bank promptly paid the amount to the Sales Tax Department. Krishnayya deposited by a demand draft Rs. 12,800 on January 1, 1980. The bank allowed him to encash the draft. Thereupon the bank agent was informed by the Sales Tax Department that on January 1, 1980, he allowed encashment of the demand draft in violation of their order dated October 4, 1979, therefore, the agent of bank personally was ordered to pay Rs. 12,800 to the department. Thereupon, the instant writ petition is filed by the bank. The case of the bank is that no violation of the order of the department was in...
Andhra Bank Ltd. Vs. Bonu Narasamma
Court: Andhra Pradesh
Decided on: Apr-16-1986
Reported in: [1988]63CompCas328(AP)
Rama Rao, J.1. A. S. No. 532 of 1978 : The plaintiff is the appellant. The plaintiff filed a suit for recovery of Rs. 1,60,425.04 together with interest personally against defendants Nos. 1, 2, 4 to 8, 10 to 13 and against the assets of defendants Nos. 3 and 9 in the hands of defendant Nos. 14 to 22 and in default of payment for sale of the suit property for realisation of the decree debt. The suit is filed on the basis of a promissory note executed for a sum of Rs. 1,30,000 and agreeing to repay the loan with interest at 5% over the Reserve Bank rate with a minimum of 11% per annum subject to periodical enhancement. The plea of the defendants is that the rate of interest is abnormal and excessive. Apart from other pleas, it is stated that the amount has to be scaled down fixing a reasonable rate of interest. The learned judge found that for the principal amount of Rs. 1,30,000, Rs. 52,280.04 is claimed. The learned judge held that this is unurious, penal and unconscionable. In the res...
Damordardass Agarwal and ors. Vs. R. Badrilal and ors.
Court: Andhra Pradesh
Decided on: Apr-08-1986
Reported in: AIR1987AP254
P. Kodandaramayya, J.1. This batch of revision petitions are referred by one of us (Kodandaramayya, J.) as they raise important questions relating to legal profession.2. Broadly two questions arise for our consideration :(1) The scope of enquiry to be made by the Court under O. 3 R. 4, C.P.C., while granting leave to terminate the appointment of an advocate previously made. (2) Whether an advocate had lien over the papers of his client entrusted to him during the pendency of a case for payment of his fees. 3. We have issued notices to the Andhra Pradesh High Court Advocates Association and the A.P. State Bar Council. They were represented by counsel Sarvasri P. S. Murthy and v. Raghunadha Reddy respectively. Sri V.L.N.G.K. Murthy assisted the court as amicus curiae. We place on record our appreciation of their assistance for deciding these cases.4. The facts leading to the reference may be stated :The petitioner is the plaintiff in all the eleven suits out of which these revision petit...
Ambae Picture Palace Vs. Entertainment Tax Officer and anr. Overruled
Court: Andhra Pradesh
Decided on: Apr-03-1986
Reported in: [1986]162ITR772(AP)
Raghuvir, J. 1. In the State of Andhra Pradesh as in any other State in India, cinema theatres can be classified in numerous ways. They can be classified like - air-conditioned, air-cooled, or ordinary. They can be classified like permanent, semi-permanent, touring or temporary. Theatres can be classified from the standpoint of population of towns-whether they are in a town of 10,000, 15,000, or 25,000 of population or more. Theatres can be identified from the standpoint of local authorities-whether they are in Municipal Corporations, Selection Grade Municipalities, Special Grade Municipalities, First Grade Municipalities, Second Grade Municipalities, Third Grade Municipalities, etc. 2. Theatres in the recent past are classified from the number of seats or shows they exhibit. One classification or other is resorted to by the State for optimizing the collection of entertainment taxes. Which classification is to be adopted depends on what basis is adopted by the Government. Some classifi...
Municipal Council, Eluru Vs. Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Apr-03-1986
Reported in: AIR1987AP15
ORDER1. The petitioner in this writ petition is the Municipal Council, Eluru, represented by its Chairman Sri Nandi Satyanarayana. It challenges G.O.Ms. No. 46, Municipal Administration dt. 28-1-1986. By means of G.O.Ms. No. 46 the Government had in purported exercise of its power under S. 62(I), Andhra Pradesh Municipalities Act, 1965, directed dissolution of the Municipal Council, Eluru with effect from 30-1-86 and also directed its reconstitution with effect from 30-1-1988. The Eluru Municipality was constituted under the provisions of the Andhra Pradesh Municipalities Act, 1965. Elections to the Municipal Council were last held in August 1981, and the term of that elected body would expire on July, 1986. The life of this body was always turbulent. On 6-5-1985, the then Chairman of the Municipal Council was removed from Office through a resolution of no-confidence motion passed by the requisite majority of the Eluru Municipality. Thereafter, on 21-5-1985, the present Chairman was el...
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