Andhra Pradesh Court June 1987 Judgments
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Government of India Vs. Savitru and Company
Court: Andhra Pradesh
Decided on: Jun-30-1987
Reported in: 1988(35)ELT33(AP)
Rama Rao, J.1. This writ appeal is concerned with the levy of duty under the Customs Act of 1962. In an appeal filed before the Board invoking the power under Section 128A(2) of the Act enhanced the penalty. The order enhancing the penalty is impugned in the writ petition. Section 128A(2) provides that the appellate authority, after giving opportunity has the power to enhance the levy of penalty. Notwithstanding this specific provision provided under Section 128A(2) of the Act, the learned Singh Judge held that the power of enhancement is not deposited in the Board by Section 128A(2) and this power of enhancement can be invoked in a situation where the department files an appeal. It must be stated that there is no provision for an appeal at the instance of the Department. This provision is analogous to the provision under the Income Tax Act where the Appellate Assistant Commissioner is invested with the power to enhance the quantum of tax or penalty, provided notice is given to the aff...
Hindustan Zinc Workers Union and anr. Vs. Management of Agnigundala Le ...
Court: Andhra Pradesh
Decided on: Jun-26-1987
Reported in: (1988)ILLJ207AP
1. Petitioner No. 1 herein is Hindustan Zinc Workers' Union which is a registered Trade Union, representing the workers of Ageigundala Lead Project, Bandalamottu in Guntur District. Petitioner No. 2, who was employed in the Agnigundala Lead Project, is a Driller-cum-Blaster. Respondents 1 and 4 are the Management of the Agnigundala Lead Project and Respondents 2 and 3 its Officers. The Petitioners seek a writ of mandamus directing the Respondents to restore the Petitioner No. 2 herein with full back wages and all other incidental benefits. The Petitioners seek a declaration that Respondents 1 and 4 in general and Respondents 2 and 3 in particular are guilty of breach of settlement dated 25th March 1983 arrived at in the course of conciliation proceedings held on 25th March 1983 at the instanced of Respondent No. 1 and hence they are liable to be punished under Section 29 of the Industrial Disputes Act, 1947 (hereinafter called 'the Act'). The Petitioners also seek a declaration that th...
Janga Jagga Reddy and anr. Vs. Janga Radhamma
Court: Andhra Pradesh
Decided on: Jun-26-1987
Reported in: 2(1988)ACC218
Jagannadha Rao, J.1. This is an appeal by the two appellants against the order of the Commissioner under the Workmen's Compensation Act (hereinafter referred to as the Act) in respect of an order of Apportionment of the compensation payable upon the death of the son of the appellants.2. The appellants are the father and mother of the deceased while the respondent is the wife, the accident occured on 28-3-1977 and a sum of Rs. 18,000/- has now been determined as compensation payable under the Act.3. Under the impugned order, dated 23rd December, 1978, the Commissioner has apportioned the compensation by giving Rs. 15,000/- to the respondent wife and Rs. 3000/- to the first appellant (the father), but nothing has been awarded to the second appellant (the mother). It is also pointed out by the learned Counsel for the appellants that the respondent filed a civil suit for a partition and obtained a decree in respect of a portion of the immoveable property of two acres belonging to the famil...
M. Ranga Reddy Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Jun-23-1987
Reported in: AIR1989AP81
Jeevan Reddy, J. 1. These Writ Appeals are but links in a chain of writ petitions filed in this court to compel the Government and its officers to hold elections to the Committees of 7,000 primary Level Co-operative Societies in this State. The prayer in these writ petitions is no doubt different, but they manifest the ongoing struggle between the societies and the State. 2. Among the several categories of societies, Credit Societies constitute one category. These credit Societies cater to the needs of agriculturists all over the State. Until recently there were two types of Credit Societies one for extending short term and the other for long-term loans. Primary agricultural Co-operative Societies about 7,000 in number provide short term credit to their members. Above these Primary Agricultural Co-operative Societies were 27,000 District Co-operative Central Banks, with the State Co-operative Central Bank at the apex. So far as long-term credits are concerned, there were Primary Agricu...
Triveedhi Peerayya Vs. Executive Engineer, Dam Division N.S. Dam Vijay ...
Court: Andhra Pradesh
Decided on: Jun-23-1987
Reported in: 2(1988)ACC443
Jagannadha Rao, J.1. This appeal raises a question as to liability under the Law of Torts for death by electrocution. The matter involves the interpretation of Section 12 of the Workmen's Compensation Act as also the General principles relating to negligence of an occupier and his duty towards invitees such as the workmen of the contractor.2. The accident occurred on 24-4-1978 in which a female worker engaged by the appellant died of electrocution. The husband of the deceased filed an application on behalf of his daughter for grant of compensation under the provisions of Workmen's Compensation Act. He impleaded the Executive Engineer, Dam Division, Vijayapuri North, Nalgonda District as the 1st respondent in the application and the present appellant as the 2nd respondent. He- contended that the accident occurred in the course of the employment while the deceased was watering the cement construction and when She got up a ladder which she did not know, was in contact with a live wire con...
Adarsh Foundries and ors. Vs. Commissioner of Commercial Taxes, Andhra ...
Court: Andhra Pradesh
Decided on: Jun-18-1987
Reported in: [1988]70STC151(AP)
K. Bhaskaran, C.J. 1. In all these special appeals under section 23(1) of the Andhra Pradesh General Sales Tax Act, 1957, the question that falls for decision is whether the Commissioner of Commercial Taxes is justified in holding that cast iron castings are not 'cast iron' falling within item 2(i) of the Third Schedule to the Act and that they are liable to be taxed under section 5(1) of the Act. It is rather surprising that the 1st respondent, the Commissioner of Commercial Taxes, should have taken that view in spite of G.O. Ms. No. 383, Revenue (S) Department, dated 17th April, 1985 wherein, in exercise of the power under sub-section (2) of section 42 of the Act, the Government had clarified that 'the cast iron castings' are covered within the term 'cast iron including ingot' in sub-section (i) item No. 2 of the Third Schedule to the Act. In spite of the Government having clarified the position in unmistakable language, it is beyond our comprehension that how the Commissioner of Com...
K. Anand Vs. Convenor, Engineering, Agricultural Medical Common Entran ...
Court: Andhra Pradesh
Decided on: Jun-17-1987
Reported in: AIR1988AP9
ORDER1. The question in these two cases is rather simple. The petitioners having passed their Intermediate examinations compartmentally (that course is permissible under the Nagarjuna University Act and the Regulations made thereunder) are seeking admissions into the Engineering Colleges affiliated to Nagarjuna University. As a first step they appeared for the common entrance examination conducted by the State Government under the A. P. Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act No. 5 of 1983. The petitioner in W. P. No. 528 of 1987 had secured rank No. 13565 while the writ Petitioner in W. P. No. 176 of 1987 had obtained rank No. 13017. Under the rules they had been allotted for admissions to the Engineering Colleges attached to the Nagarjuna University. According to the ranking which the petitioners had secured in the common entrance examination, the Petitioners ought to have been admitted into the Engineering Colleges; because the Candid...
Somavarapu Venkateswara Reddy and anr. Vs. the Collector (Co-operation ...
Court: Andhra Pradesh
Decided on: Jun-15-1987
Reported in: AIR1988AP66
ORDER1. The petitioners are stated to be the residents of Kolagatla village and they filed their nominations for being elected as members of Sangam Primary Agricultural Credit Society as the said village Kolagatla is added by the proceedings of the District Collector dt. 25-4-1987 in the area of operation of Sangam Society. It is averred hat the Election Officer rejected the nominations stating that the Registrar of Co-operative Societies ordered the deletion of Kolagatla Panchayat area from Sangam Primary Agricultural Co-operative Credit Society and kept it with the previous area of Operation i.e., Atmakur Farmers Service Co- operative Society and the said proceedings re illegal and without jurisdiction and consequently the rejection of the nominations filed by them must be set aside. 2. It is now admitted that by virtue of the orders dt. 28-5-1987, the Registrar of Co-operative Societies accepted the appeal of Atmakuru Society and they have no notice of those proceedings and the dele...
P. Subba Raju and Company Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jun-12-1987
Reported in: [1989]72STC317(AP)
Upendralal Waghray, J. 1. These two T.R.Cs. under section 22(1) of the Andhra Pradesh General Sales Tax Act (hereinafter referred to as 'the APGST Act') are filed by the same assessee and the controversy is about the assessment year 1978-79. T.R.C. No. 2 of 1984 relates to the assessment under the APGST Act and T.R.C. No. 6 of the 1984 relates to the assessment under the Central Sales Tax Act. 2. The assessee in connection with his business purchases bones of recently killed animals (raw bones) from various parsons in the State, who are not registered dealers under the Act and after drying the bones, gets them crushed in a mill. This operation results in products like, crushed bones, bone grist, bone-meal and sinews. These products are sold by the assessee to various persons in the State and outside the State. The purchase of raw bones by the assessee from the unregistered dealers is the first sale in the State and this was taxable at 1 per cent under the APGST Act vide item 62 of the ...
State of Andhra Pradesh Vs. Hindustan Shipyard Limited and ors.
Court: Andhra Pradesh
Decided on: Jun-11-1987
Reported in: [1988]68STC220(AP)
B.P. Jeevan Reedy, J. 1. The limited question that arises in this batch of writ petition is whether the Tribunal has the power to grant stay in appeals before it pertaining to the assessment years falling prior to 1st July, 1985. The Tribunal has taken the view in a matter reported in Satyanarayana Traders v. State of A.P. (1985) 1 APSTJ 130 that it has such a power. The correctness of the said view is challenged herein. 2. For a proper appreciation of the question arising herein it is necessary to refer to certain provisions of the Act as they stood prior to the Amendment Act 18 of 1985 and also thereafter. We shall first refer to the position obtaining prior to the Amendment Act. Section 19 provided for an appeal by the dealer against an order of assessment or against an order reopening the assessment. The power of reopening the assessment could be exercised under sub-section (4) of section 14 by the assessing authority. Sub-section (4-C) of section 14 however vested the said power i...
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