Andhra Pradesh Court October 1989 Judgments
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Smt. Gousia Begum Vs. Union of India (Uoi) and anr.
Court: Andhra Pradesh
Decided on: Oct-30-1989
Reported in: 1992(1)ALT616
Yogeshwar Dayal, C.J. and Lakshmana Rao, J.1. This is a petition for habeas corpus filed on behalf of Sri Mohd. Khalid @ Khaleel, 22.7.1992 Iranigally, Hyderabad. The detenu was detained as per the order of detention dated 30-1-89 passed by the Government of India, Finance Ministry, and he was actually detained on 7-2-89.2. The order was passed by the Joint Secretary to the Government of India, with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange. The detenu himself was apprehended at Begumpet Railway Station while boarding a train for Bombay on 23-12-88. The foreign currency valuing more than Rs. 3,90,000/- was seized from the detenu. He also made a confessional statement on 24-12-88.3. A representation was made on behalf of the detenu by his wife on 22-6-89 in Urdu, which was received by the 1st respondent on 23-6-89 and the representation was rejected only on 8-8-89. It was pleaded on behalf of the detenu that there was inordina...
S.S. Narayana Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Oct-21-1989
Reported in: (1992)ILLJ193AP
ORDER1. The petitioner in this case seeks a writ of certiorari calling for the records relating to the impugned order G.O. Rt. No. 346, Industries & Commerce (S.11) Department, Government of Andhra Pradesh, dated March 8, 1989 terminating the services of the petitioner with immediate effect and posting the 4th respondent in the place of the petitioner and quash the same as being mala fide, illegal and without jurisdiction. 2. The petitioner is a Diploma Holder in L.M.E., B.O.E. and F.S.T.A. He was originally appointed as Apprentice in the Mechanical Section of the Nizamabad Co-operative Sugar Factories Ltd. Nizamabad, on April 13, 1963. He was temporarily appointed as Mechanical Supervisor in Mechanical Department of the said factory on August 24, 1965. He was appointed as a Shift Engineer on October 20, 1965 in Chodavaram Co-operative Sugar Factory, Govada, Visakhapatnam District, where he worked upto September 10, 1974. He joined as a Shift Engineer in West Godavari Co-op. Sugars, Bh...
Registrar, Jawaharlal Nehru Technological University, Hyderabad Vs. G. ...
Court: Andhra Pradesh
Decided on: Oct-20-1989
Reported in: 1990CriLJ681
ORDER1. This petition coming on for hearing upon perusing the petition affidavit filed in support thereof and upon perusing the order of the High Court dt. 6-7-1989 and passed in M.P. No. 1324/88 and upon hearing the arguments of Mr. I. Venkatanarayan the advocate for the petitioner, the court made the following order : 2. Crl. P. No. 1324 of 1988 filed by the then Vice-Chancellor of J.N.T. University was allowed by this court by its order dt. 6-7-1989. The present petition is filed to set aside the order on the ground that there are some factual errors in the said order. The office has taken an objection that there is no provision to set aside that order. 3. The learned counsel for the petitioner contends that though the University is not interested in the result of the petition it is pertinent that the records should be set right and facts should be correctly stated and therefore this petition is filed under Section 482 of Cr.P.C. The earlier petition was filed under Section 482 Cr.P...
Commissioner of Income-tax (investigation) Vs. H.M.T. Bearings Ltd.
Court: Andhra Pradesh
Decided on: Oct-18-1989
Reported in: [1990]182ITR183(AP)
Syed Shah Mohammed Quadri, J.1. At the request of the assessee, the Income-tax Appellate Tribunal referred the following question under section 256(1) of the Income-tax Act for the opinion of this court : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal's decision that the assessments for the assessment years 1971-72 to 1975-76 and 1978-79 are barred by time, is valid under law ' 2. Sri M. Suryanarayana Murthy, learned standing counsel for income-tax submits that as the Income-tax Officer has given as opportunity of rehearing to the assessee, further time was taken in making the assessment and that, therefore, under the proviso to section 129 of the Act, that time will have to be excluded for the purpose of limitation. Sri Y. Ratnakar, learned counsel for the assessee, on the other hand, submits that when the Inspecting Assistant Commissioner offered an opportunity of rehearing before the Income-tax Officer, there was no necessity for any f...
Pothana Tata Rao Vs. Govt. of Andhra Pradesh Rep. by Its Secretary, Fo ...
Court: Andhra Pradesh
Decided on: Oct-18-1989
Reported in: 1991(2)ALT13
1. This Writ Appeal raises a question as to the scope of Section 77 of the A.P. Co-operative Societies Act, 1964, hereinafter referred to as 'the Act'. 2. It appears that an order dated 28-8-1989 was passed by the Deputy Registrar of Co-operative Societies, Kovvur, Under Section 21-AA and Section 34 of the Act. By that order, the Deputy Registrar held that P. Sathyanarayana was disqualified to continue as President of Bayyanna gudem Primary Agricultural Co-operative Society and also passed an order appointing the Branch Manager, Co-operative Central Bank, Koyyalagudem, as Special Officer in the place of P. Sathyanarayana who was disqualified to continue as President of the Co-operative Society. The Special Officer was also directed to exercise his powers subject to the general control of the Registrar. 3. P. Sathyanarayana, being aggrieved by the order of the Deputy Registrar, has preferred a revision Under Section 77 of the Act. 4. The present Writ Petition has been filed by a member ...
Nomula Anjaneyulu Vs. Nomula Hymavathi and ors.
Court: Andhra Pradesh
Decided on: Oct-17-1989
Reported in: I(1991)DMC368
N.D. Patnaik, J.1. Respondents 1 and 2 who are wife and child of the petitioner have filed a petition M.C. 19/81 for maintenance under Section 125 Cr.P.C. in the court of the Munsif Magistrate, Khammam alleging that the petitioner neglected to maintain them. The petitioner took objection to the jurisdiction of the court contending that as the respondents were, residing at Bhadrachalam, the Munsif Magistrate's Court at Khammam' had no jurisdiction. The learned Munsif Magistrate accepted the contention and dismissed that petition. Against that a revision petition was filed before the Sessions Judge, Khammam who allowed the same and remanded the matter to the trial court for fresh disposal after giving opportunity to parties to adduce further evidence. After remand, the Munsif Magistrate, Khammam held that the court has got jurisdiction and also accented the case of the respondents i.e. petitioners in M.C. that the petitioner neglected to maintain them and awarded maintenance at the rate ...
Lamina Suspension Products (P.) Limited Vs. State of Andhra Pradesh an ...
Court: Andhra Pradesh
Decided on: Oct-16-1989
Reported in: [1991]187ITR105(AP); [1990]78STC429(AP); [1991]56TAXMAN7(AP)
Jayachandra Reddy, J.1. The scope of section 16(3) of the Andhra Pradesh General Sales Tax Act, 1957, hereinafter referred to as 'the Act', falls for consideration in these writ petitions. The question is 'whether the assessee is liable to pay interest at the rate of 2 per cent. only for every completed month or whether he has to pay at the same rate for the whole month even for part of the month's delay in paying tax ?' Section 16(3) reads thus : '16, payment of tax and other dues payable under the Act. - ... (3) If the tax assessed or penalty levied or any other amount due under this Act or any installment thereof is not paid by any dealer or other person within the time specified therefor in the notice of demand or in the order permitting payment in installments or in any other provision of this Act or rule made thereunder, the dealer or other person shall pay, in addition to the amount of such tax, penalty, installment or other amount, interest at the rate of two rupees for every o...
Andhra Pradesh Dairy Development Co-operative Federation Ltd. Workers ...
Court: Andhra Pradesh
Decided on: Oct-16-1989
Reported in: (1990)ILLJ367AP
1. This common judgment will dispose of both the writ petitions as they are interconnected. The petitioner in WP No. 7004/88 is the Andhra Pradesh Dairy Development Co-operative Federation Ltd. Workers' Union represented by its General Secretary and the respondent is the Guntur District Milk Producers' Co-operative Union Limited (Sangam Dairy) represented by its General Manager. On 23rd March, 1985, a settlement under Section 12(3) of the Industrial Disputes Act. 1947, was reached between the management of the Sangam Dairy and the petitioner-union and another union by the name Bharatiya Mazdoor Sangh, both registered unions. The Sangam Dairy was declared as a public utility service as stated in the memorandum of settlement. The settlement reached between the parties covers nine matters; paragraph 4 which concerns with the seniority list of workers employed on Nominal Muster Rolls (NMRs) reads as follows : 'The management have also agreed to prepare the seniority list of the workers wor...
T. Venkateswarlu Vs. Branch Manager, State Bank of India, Vijayawada a ...
Court: Andhra Pradesh
Decided on: Oct-16-1989
Reported in: (1990)ILLJ533AP
1. The writ petitioner seeks to challenge the order passed by State Bank of India dated 12th May, 1988 wherein it is stated that in terms of paragraph XVI of the Bi-partite settlement dated 17th September, 1984 the petitioner is deemed to have 'voluntarily vacated' his service with effect from 9th May, 1988. 2. The petitioner was working in the State Bank of India at Vijayawada as a clerk from 1965. In 1983 the Bank started a Staff Co-operative Stores at Vijayawada and the petitioner was sent on deputation to the said Stores for two years as per the letter of the Bank dated 25th September, 1983. Even though the deputation came to an end by 29th October, 1985, the petitioner did not choose to report to duty in the Bank. In the Stores, there were certain allegations of misappropriation etc., against the petitioner to the tune of one lakh and odd which resulted in an enquiry. On receipt of report, proceedings for recovery of Rs. 1 lakh and odd were initiated. On 1st January, 1986 a Specia...
B.V. Rao Vs. Chittivalasa Jute Mills and anr.
Court: Andhra Pradesh
Decided on: Oct-13-1989
Reported in: (1990)ILLJ513AP
Jeevan Reddy, J.1. These two writ appeals arise from a common judgment delivered by a learned single judge in Writ Petition Nos. 10067 of 1988 and 10648 of 1988. The first mentioned writ petition was filed by the employer (who is the 1st respondent in these writ appeals), while the second mentioned writ petition was filed by the appellant-employee. In fact, the judgment of the learned single Judge also disposes of A.S. No. 2611 of 1986, which too was filed the employer. A Letters Patent Appeal has been preferred against it. 2. The appellant, Sri B. V. Rao, who argued these appeals in person, was appointed as a Mechanical Maintenance Overseer on 8th November, 1971 in the service of Willard India Ltd., Calcutta. Chittivalasa Jute Mills is a Division of Willard. The Appellant was confirmed in the service of Chittivalasa with effect from 1st April 1972, by order dated 26th June 1972. His services were terminated by Chittvalasa on 9th February 1983. The termination was not in pursuance of a...
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