Andhra Pradesh Court November 1989 Judgments
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Pokala Brahmaniah Vs. Pokala Padma and ors.
Court: Andhra Pradesh
Decided on: Nov-29-1989
Reported in: 1991CriLJ607; II(1990)DMC454
ORDER1. The respondents who are the wife and children of the petitioner, have filed two petitions for maintenance u/S. 125 Cr.P.C. i.e. M.C. Nos. 7/84 and 4/85, in the Court of the II Additional Munaif Magistrate, Ongole, who by his order dated 24-2-1987, granted them maintenance @ Rs. 200/- per month. Not satisfied with that, they preferred a revision to the Sessions Judge, who enhanced the maintenance to Rs. 275/- per month by his order dt. 13-4-1988. Then they have filed Crl.M.P. No. 785/89 in the Court of the II Additional Munsif Magistrate for enforcing the arrears of maintenance of Rs. 7,525/- by sending the petitioner to jail. The learned Magistrate ordered that the petitioner should be sent to jail for a period of 24 months. Against that, a revision was filed in Crl Revision Petition No. 123/88 before the Additional Sessions Judge, Ongole, which was dismissed. As against that, this petition is filed. 2. The learned counsel for the petitioner referred to the proviso to sub-s. (3...
Anwar Ali Vs. Commissioner of Income-tax and anr.
Court: Andhra Pradesh
Decided on: Nov-29-1989
Reported in: [1992]196ITR354(AP)
Syed Shah Mohammed Qadri, J.(1) This is an application to call for the records of the Commissioner of Income-tax, A.P. II, Hyderabad, the first respondent herein, in Hqrs. II/85-A (155 to 158) of 1987, dated September 21, 1988, and for an appropriate writ or direction in the nature of a writ of mandamus directing the first respondent to waive fully the penalty and interest levied and levied and for the assessment years 1983-84 to 1986-87 and for any further direction in the interest of justice. The assessee is engaged in the business of tanning in the name and style of 'Aziz Trading Company'. He is also a partner in the partnership firms, Messrs Show Land, Warangal, and Messrs Shoe Corner, Hanmakonda. He submitted income-tax returns for the assessment years 1983-84 to 1985-86 on June 17, 1987, and on June 10, 1987, for the assessment year 1986-87. He submits that, as he was suffering from 'Hypertension diabetes Meccitus' for the last four years, returns for the above said assessment ye...
P.V. Raghavulu and Co. Vs. Special Assistant Commercial Tax Officer, R ...
Court: Andhra Pradesh
Decided on: Nov-29-1989
Reported in: [1991]81STC307(AP)
Jeevan Reddy, J.1. The petitioner is a dealer at Sullurpet, Nellore District. He issued a cash bill and a way-bill on March 20, 1984, showing that 50 drums of ground-nut oil were consigned in favour of 'Sri Siddeswara Oil Traders, Tirupati', being transported by lorry bearing No. APN-8469. The said lorry was checked on March 21, 1984, at the check-post, Renigunta. The Check-post Officer found on verification that the lorry contained 40 empty drums, which means there was no ground-nut oil in any of the drums. Thereupon, he levied and collected the tax on the footing that 50 drums of ground-nut oil have been sold by the petitioner, and that tax is payable thereon. Besides the above order, he passed a separate order of composition. The order of composition, in so far as it is relevant, reads thus : 'The person-in-charge of the goods while admitted the said irregularities gave a statement to the effect that the consignor, one M/s. P. Venkataraghavulu & Company, of Sullurpet has issued spur...
Saladi Srirama Murthy Vs. Kavali Swaminaidu and ors.
Court: Andhra Pradesh
Decided on: Nov-24-1989
Reported in: 1992(1)ALT555
Lakshmana Rao, J.1. This Second Appeal preferred by the plaintiff arises out of O.S.No. 526 of 1972 on the file of the II Addl. District Munsif, Narsapur. That suit was filed against Kavali Adinarayana, the predecessor in interest of the respondents herein for possession of the plaint schedule property and for recovery of rent.2. The plaintiff leased out the plaint schedule land in favour of the defendant Kavali Adinarayana under Ex.A-1 lease deed dt. October 4, 1955 for a period of five years from September 21, 1955 to September 20, 1960 on a monthly rent of Rs.8-54 as payable by the 21st day of every month. It is an admitted fact that after the expiry of the said period of five years, no further lease deed was executed and the defendant continued in possession.3. The plaintiff got issued Ex.A-4 registered notice February 20, 1972 to the defendant under Section 106 Transfer of Property Act calling upon him to pay the arrears of rent and hand over vacant possession of the plaint schedu...
United India Insurance Co. Ltd. Vs. Malla Janaki and ors.
Court: Andhra Pradesh
Decided on: Nov-24-1989
Reported in: 1990ACJ1022
Radha Krishna Rao, J. 1. The lorry No. APS 5000 belonging to the appellant in C.M.A. No. 585 of 1988, owing to the rash and negligent driving of the driver, dashed against another stationary lorry in the early hours at 5 o'clock on 27.10.1985 near Komarthi junction on NH 5. At the time of the accident, the lorry was carrying soda gas cylinders belonging to one Anandarao. The said Anandarao was sitting along with two other persons in the cabin of the lorry at the time of the accident. As a result of the accident, the said Anandarao sustained grievous injuries and succumbed to the injuries. The Motor Accidents Claims Tribunal, Srikakulam, after considering the claims of the widow, the children and mother of the deceased, Anandarao, awarded a total compensation of Rs. 75,000/- fixing the liability on the owner, the driver and the insurance company, which is the appellant in C.M.A. No. 518 of 1988. PW 2 who was travelling in the same lorry was examined. At the time of the accident, the lor...
R.N. Jalan Vs. Deccan Enterprises Pvt. Ltd. and ors.
Court: Andhra Pradesh
Decided on: Nov-23-1989
Reported in: [1992]75CompCas417(AP)
Upendralal Waghray, J.1. These applications under section 402 of the Companies Act, 1956, read will rule 9 of the Companies (Court) Rules, 1959, are filed by respondent No. 9 in the company petition supported by his affidavit sworn to on August 29, 1988, for the following interlocutory reliefs pending the decision on the company petition : '(a) that the board of the company be reconstituted to have representatives of Sri R. Khemka and myself proportionate to the share-holding as at December 31, 1984, or in the alternate the board of directors as constituted by the elections held on July 5, 1988, at the annual meeting of the general body be suspended; (b) that a person be appointed as the joint managing director to represent Sri R. Khemka and myself; (c) that a direction be given that the function of the managing director be carried out jointly by the managing director and the joint managing director; (d) that a fresh audit of the books of account of Deccan Enterprises Private Limited b...
Blue Star Ltd. Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Nov-23-1989
Reported in: [1990]78STC43(AP)
Yogeshwar Dayal, C.J. and Lakshmana Rao, J.1. The petitioners M/s. Blue Star Limited, are manufacturers of water coolers and air-conditioners. They are taxable for the purpose of local sales tax under entry 2 of the First Schedule to the Andhra Pradesh General Sales Tax Act, 1957, at the basic rate of 10 per cent. By a notification issued by the Government of Andhra Pradesh in G.O. Ms. No. 172, Revenue (S) Department, dated February 13, 1986, the rate of local sales tax is reduced to 4 paise in the rupee for such goods manufactured or produced in the dealer's own manufacturing unit which is located in the State of Andhra Pradesh and the goods are supplied to (1) the Departments of Government of India or Government of Andhra Pradesh; (2) public sector undertakings including corporations owned by the Government of India or Government of Andhra Pradesh; (3) Government companies as defined under section 617 of the Companies Act, 1956; and (4) local authorities mentioned therein. 2. The cas...
Dorakonda Venkatrama Seshachalapathi Vs. Vijayawada Co-operative Centr ...
Court: Andhra Pradesh
Decided on: Nov-23-1989
Reported in: 1990ACJ746
V. Neeladri Rao, J. 1. The victim in a motor accident is the appellant herein. He was working as a bank inspector of the Vijayawada Cooperative Central Bank (hereinafter referred to as 'the bank'). On 17.3.1979 he went in the jeep AAK 1915 belonging to the bank from Vijayawada to Gampalagudem for collection of the amounts from the customers. While jeep was going from Peddavaram via Yerramadu, the earth caved in, the wheel of the jeep tumbled and it fell down from the canal bund. The appellant who was travelling in the said jeep sustained injuries on his left ring finger and little finger. He underwent treatment. PW 4, the doctor, who treated him stated that left ring finger was permanently disabled and little finger suffered partial disability. He claimed Rs. 20,000/- as compensation by alleging that the driver of the jeep drove it rashly and negligently. The trial court dismissed the petition holding that neither negligence nor rashness on the part of the driver was established. The l...
Dorakonda Venkatrama Seshachalapathi Vs. Vijayawada Co-operative Centr ...
Court: Andhra Pradesh
Decided on: Nov-23-1989
Reported in: I(1991)ACC324
Neeladri Rao, J.1. The victim in a motor accident is the appellant herein. He was working as a bank inspector of the Vijayawada Co-operative Central Bank (hereinafter referred to as 'the bank'). On 17.3.1979 he went in the jeep AAK 1915 belonging to the bank from Vijayawada to Oam-palagudem for collection of the amounts from the customers. While jeep was going from Peddavaram via Ycrramadu, the earth caved in, the wheel of the jeep tumbled and it fell down from the canal bund. The appellant who was travelling in the said jeep sustained injuries on his left ring finger and little finger. He underwent treatment. PW 4, the doctor, who treated him stated that left ring finger was permanently disabled and little finger suffered partial disability. He claimed Rs. 20, 000/- as compensation by alleging that the driver of the jeep drove it rashly and negligently. The trial Court dismissed the petition holding that neither negligence nor rashness on the part of the driver was established.-The le...
Paushak Ltd. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Nov-17-1989
Reported in: 1990CriLJ1879
ORDER1. This petition is filed under Section 482, Cr.P.C. to quash the proceedings against the petitioner who is the third accused in C.C. No. 216/89 on the file of the Munsiff Magistrate Court, Addanki. The case is filed under the Insecticides Act for misbranding some insecticides. In the cause title the third accused is shown as M/s. Paushak Ltd., Vadodara, Gujarat, represented by its Manager and Chief Chemist Satyaprakash Gupta, Penelov Factory, Penelov (Post) Halal Taluk, Baroda District, Gujarat State. The contention of the learned counsel for the petitioner is that the Chief Chemist is not responsible for the conduct of the business of the Company and that the prosecution should have been filed against the company represented by its Managing Director. (2) Section 33(1) of the Insecticides Act, 1968 says that whenever an offence under the Act has been committed by a company, every person who at the time when the offence was committed was incharge of or was responsible to the Compa...
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