Andhra Pradesh Court April 1987 Judgments
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G. Nookarathnam and ors. Vs. United India Fire and General Insurance C ...
Court: Andhra Pradesh
Decided on: Apr-24-1987
Reported in: [1989]65CompCas693(AP)
Amareswari, J.1. This is an appeal against the order of the Motor Accidents Claims Tribunal, Secunderabad, dated March 31, 1980, in O.P. No. 297 of 1978 awarding a sum of Rs. 10,000 in all towards compensation with interest at the rate of 6% per annum. 2. The deceased, Surya Rao, was aged about 28 years. He was unmarried. He was working as a testing engineer in BHEL, Ramachandrapuram, earning about Rs. 1,050.50 per month. On September 5, 1977, at about 7-30 a.m., he was going in the bus, APZ 6789, belonging to the Andhra Pradesh State Road Transport Corporation to his work place at Ramachandrapuram. On the way, the bus collided with a lorry coming in the opposite direction belonging to the second respondent. In the accident, Surya Rao sustained multiple injuries and died on the spot. His, father, P. Suryanarayana, his five sisters and one brother filed a petition before the Accidents Claims Tribunal claiming a compensation of Rs. 2,10,000 on the ground that the deceased, Surya Rao, was...
Life Insurance Corporation of India, Madame Cama Road, Bombay Vs. Vesa ...
Court: Andhra Pradesh
Decided on: Apr-24-1987
Reported in: AIR1989AP39
1. These two appeals arise out of two suits O.S. No. 106 of 1977 and 48 of 1978 on the file of the Subordinate Judge's Court, Narasapur. O.S. No. 106 of 1977 is filed for the recovery, of Rs. 32,880-62 ps.' being the balance of amount due on two Life Insurance Policies, Exs. B-2 and B-4, obtained by one Dr. Vegesine Viswanatharaju on his own life and the plaintiff being the widow of the said policy holder. The suit having been decreed, the defendant-Life Insurance Corporation (hereinafter referred to as 'the Corporation') filed the appeal A.S. No. 1006 of 1979. The other suit is filed by the Corporation for recovery of Rs. 46,867-01 ps. being the principal and interest due on a registered mortgage deed dated 30-5-1974 executed by late Dr. Vegesine Viswanatharaju, (Dr. Raju for brevity), the husband of the plaintiff in O.S. No. 106 of 1977 who is the first defendant in O.S. No. 48 of 1978. The other defendants in O.S. No. 48 of 1978 are children of Dr. Raju. The suit was dismissed. The ...
Venkataramana Hatcheries Pvt. Ltd. Vs. Commercial Tax Officer, Company ...
Court: Andhra Pradesh
Decided on: Apr-24-1987
Reported in: [1987]66STC154(AP)
A. Lakshmana Rao, J.1. Whether chicks are goods covered by entry 54 in List II of the Seventh Schedule to the Constitution of India, and if so, whether they could be treated as live-stock under sub-rule (2) of the rule 5 of the Andhra Pradesh General Sales Tax Rules, 1957 (hereinafter referred to as 'the Rules') for the purpose of imposition of sales tax, is the common question that arises for consideration in all these writ petitions. They are therefore disposed of by a common judgment : The petitioners in all these writ petitions are hatcheries engaged in the business of hatching and selling chicks. They are registered dealers under the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the Act'). All of them were assessed to sales tax on the turnover relating to the sale of one day old chicks treating them as general goods. Aggrieved by those order these writ petitions were filed. 'Taxes on the sale or purchase of goods other than newspapers, subject to the provisions of entry ...
T. Nandagopal Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Apr-24-1987
Reported in: AIR1988AP199
Jeevan Reddy, J.(On difference of opinion between Raghuvir, J. and Waghray J. agreeing with Raghuvir, J.) 1. This matter has been referred to me under Clause 36 of the letters Patent on a difference of opinion arising between two members of the Division Bench who heard the writ petition. Raghuvir', J. was inclined to allow the writ petition directing the State Government to accord a mining lease, to the petitioner over an area of 1 50 acres in survey No. 876, while Waghray. J. was inclined to dismiss the writ petition. 2. Survey Nos. 874 and 876 in village Myallacheruvu in Nalgonda District contain lime-stone which is a raw material for producing cement. The total extent of these two survey-numbers is about 500 acres. The lands adjacent to these lands also contain lime-stone, though not of the same quality. Those adjacent lands are situated in Madhavaram village. The petitioner, Dr. Nandagopal applied for a mining lease on 2- 11-1983fortheentireextentinsurveyNos. 874 and 876. The 2nd r...
Poola Bhaskara Vijayakumar Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Apr-24-1987
Reported in: AIR1988AP295
ORDER1. This is a writ petition of the genre of public interest litigation. While studying Criminology as part of his third year B.L. degree Course, the petitioner one day on 16th February, 1985 visited the Central Jail at Visakhapatnam. There he noticed the condition of prisoners in the matter of their working, for the prison authorities without getting almost any payment in return. He found the prison authorities extracting work from the prisoners under going rigorous imprisonment without paying wages at all or paying nominal wages. He concluded that the prisoners convicted of rigorous imprisonment are thus being exploited and are being subjected to forced labour. Moved by his humane heart which was grieved by the conditions of the prisoners, he filed this writ petition seeking relief of an appropriate writ from this Court under Art. 226 of the Constitution compelling authorities, to pay prisoners wages for their work. 2. I commend the public spirit and endeavour of the petitioner wh...
B. Anki Reddy Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Apr-24-1987
Reported in: 1988CriLJ1461
Radhakrishna Rao, J.1. B. Anki Reddy, the accused is an unmarried person aged about 22 years in the year 1986. Bommireddy Hanumayamma, wife of Sydareddy, is the prosecutrix and is aged about 30 years, also she has got two children and she underwent tubectomy operation by the date of the commission of the offence.2. The prosecutrix who is examined as PW 1 is an uneducated lady and she was attending to agricultural work also. PW 1 and the accused belong to Jalakallu village, Piduguralla Taluk in Guntur District. The accused was tried for the offence under Section 376 IPC and sentenced to undergo rigorous imprisonment for seven years and also to pay a fine of Rs. 100/- in default to suffer rigorous imprisonment for one month by the Prl. Asst. Sessions Judge, Narasaraopet, in S. C. No. 227/85. On appeal, the learned Sessions Judge, Guntur, in Crl. Appeal No. 24/86 confirmed the conviction and the sentence passed by the Prl. Asst. Sessions Judge, by his judgment dated 21-7-1986. Against tha...
Mrs. G. Nookarutnam and ors. Vs. United India Fire and General Insuran ...
Court: Andhra Pradesh
Decided on: Apr-24-1987
Reported in: I(1988)ACC403
Amareawari, J.1. This is an appeal against the order of the Motor Accidents claims Tribunal, Secunderabad dated 31-3-80 in O.P. No. 297 of 1978 awarding a sum of Rs. 10,000/- in all towards compensation with interest at the rate of 6% per annum.2. The deceased Surya Rao was aged about 28 years. He was unmarried. He was working as a Testing Engineer in B.H.E.L., Ramachandra-puram earning about Rs. 1050-50 Ps. per month. On 5-9-1977 at about 7-30 A.M. he was going in the bus APZ 6789 belonging to the Andbra Pradesh State Road Transport Corporation to his work place at Ramachandrapuram. On the way the Bus collided with a lorry coining in the opposite direction belonging to the 2nd respondent. In the accident Surya Rao sustained multiple injuries and died on the spot. His father P. Suryanarayana, his five sisters and one brother filed the petition before the Accident claims Tribunal claiming a compensation of Rs. 2,10,000/- on the ground that the deceased Surya Rao was the sole bread-winne...
Andal and Company Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Apr-23-1987
Reported in: [1988]71STC385(AP)
Jeevan Reddy, J. 1. The petitioner purchased gum from Sri Venkateswara & Co., Osmangunj, Hyderabad. Venkateswara & Co. is a registered dealer. The gum is taxable at sale point. Indeed it is taxable at every point of sale. Venkateswara & Co. did not however collect the tax while effecting the said sale on the ground that it was acting as the selling agent of the agriculturist producers and inasmuch as the principals are exempted, their agent is equally exempted. After purchasing the gum the petitioner despatched it to other States for sale through agents. Originally, assessment was made exempting the turnover relating to gum in a sum of Rs. 3,54,502 on the ground that no sale has taken place within the State. Later the assessment was reopened and the transaction subjected to tax under section 6-A. 2. The Tribunal has held that by virtue of clause (i) of section 6-A read with clause (c) of the said section the tax is leviable. Section 6-A reads as follows : '6-A. Levy of tax on turnover ...
State of Andhra Pradesh Vs. Commercial Tax Officer, Kurnool and anr.
Court: Andhra Pradesh
Decided on: Apr-23-1987
Reported in: [1987]169ITR564(AP); [1988]68STC177(AP)
Y.V. Anjaneyulu, J. 1. These proceedings for committing contempt of this Court were instituted, suo motu, by this Court against Sri G. C. Narasimham, Commercial Tax Officer-I, Kurnool, respondent No. 1, herein. The facts briefly are : 2. Modern proteins Ltd., Kurnool ('the assessee', for short) is assessed to sales tax on the file of the Commercial Tax Officer-I, Kurnool. For the sales tax assessment year 1977-78, the inter-State sales of protein flour were assessed to tax as general goods at 4 per cent. The assessee's contention was that protein flour is de-oiled cake and is assessable at 1 1/4 per cent under entry 29 of the First Schedule to the A.P. General Sales Tax Act, 1957. Eventually, the dispute was carried to this Court in T.R.C. No. 40 of 1982 (Modern Proteins Limited v. State of A.P.). By judgment dated 26th June, 1984 a Division Bench of this Court held that protein flour produced and marketed by the assessee is edible de-oiled cake falling under entry 29 of the First Sche...
State of Andhra Pradesh Vs. Commercial Tax Officer and Another.
Court: Andhra Pradesh
Decided on: Apr-23-1987
Reported in: [1988]169ITR564(AP)
Y. V. ANJANEYULU J. - These proceedings, for committing contempt of this court, were instituted, suo motu, by this court against Sri G. C. Narasimham, Commercial Tax Officer-I, Kurnool, respondent No. 1 herein. The facts briefly are :Modern Proteins Ltd., Kurnool ('the assessee', for short), is assessed to sales tax on the file of the Commercial Tax Officer-I, Kurnool. For the sales tax assessment year 1977-78, the inter-State sales of protein flour were assessed to tax as general goods at 4%. The assessees contention was that protein flour is de-oiled cake and is assessable at 1 1/4% under entry 29 of the First Schedule to the A. P. General Sales Tax Act, 1957. Eventually, the dispute was carried to this court in TRC No. 40 of 1982. By judgment dated June 26, 1984, a Division Bench of this court held that protein flour produced and marketed by the assessee is edible de-oiled cake falling under entry 29 of the First Schedule to the General Sales Tax Act and is liable to be assessed to ...
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