Andhra Pradesh Court December 1989 Judgments
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Shail Mehboob Ali Vs. the Commissioner of Police, Hyderabad and Secund ...
Court: Andhra Pradesh
Decided on: Dec-14-1989
Reported in: 1992(2)ALT158; 1991CriLJ1
ORDER1. The petitioner herein seeks a writ in the nature of mandamus declaring the rowdy sheet opened against him as illegal and unconstitutional and for consequential direction to delete the name from the rowdy sheet. 2. The relevant averment in brief is that the petitioner, who worked as a senior compositor in Government Press retired as Government servant in 1984 and is receiving pension of Rs. 800/- p.m. Throughout his service there was no blemish. He is the President of All India Physical Welfare Organisation registered under Societies Registration Act with the object of maintaining unity among members, to promote sports and games, to inculcate the habit of physical exercises and for social service. While so he received a notice on 20-3-1985 to the effect that he was involved in Cr. No. 68/84 under sections 148 and 155A and C of the I.P.C. Subsequently C.C. No. 182 of 1985 was filed in the Court of IV Metropolitan Magistrate, Hyderabad against the petitioner and two others allegin...
V.K. Steel Industries Pvt. Ltd. Vs. Assistant Commissioner of Income-t ...
Court: Andhra Pradesh
Decided on: Dec-13-1989
Reported in: [1991]187ITR403(AP)
B.P. Jeevan Reddy, J.1. This writ petition is directed against an order of transfer passed by the Chief Commissioner of Income-tax, A.P., Hyderabad, on July 28, 1988. Under the impugned order, the cases pertaining to the petitioner are transferred from Assistant Commissioner. Circle-4(3), Hyderabad, to the Assistant Commissioner, Investigation Circle-1, Visakhapatnam. The ground for transfer, stated in the order, is 'to facilitate detailed and co-ordinated investigation'. The order is preceded by a show-cause notice nor are they found in the order communicated to the petitioner. However, now before us, the respondents have produced a copy of the reasons behind the impugned order. The reasons for the order are stated to be : 'Reasons of the Chief Commissioner of Income-tax for transferring of the file. Objection of V.K. Ferro Alloys Industries Limited are considered. The case is one of a group of cases requiring investigation in other cases of the group. Considering the location of the...
M.R. Babu Rao Vs. Sri Jaya Investments (P) Ltd. (In Liquidation)
Court: Andhra Pradesh
Decided on: Dec-12-1989
Reported in: (1997)1CompLJ416(AP)
Upendralal Waghray, J.1. These applications are filed under section 460 of the Companies Act by the person, who has been employed in the office of the official liquidator since October, 1968, challenging the validity of the order dated 31.5.1989 passed by the official liquidator terminating his services and for other ancillary reliefs. The official liquidator has in his report dated 28.7.1989, opposed the applications on several grounds. The petitioner has thereafter filed a reply affidavit sworn to one 3.8.1989. I have heard Mr. J. Prabhakar, the counsel for the petitioner, and Mr. Leo Raj, Advocate for the official liquidator. 2. That the petitioner has been employed and working in the office of the official liquidator since October, 1968, continuously is not disputed. After obtaining sanction of this court from time to time, the petitioner has been continuing. The last such order was made by this court on 24.2.1989 in C.A. No. 45/89 filed by the official liquidator in C.P. No. 5/81....
United India Insurance Co. Ltd. Vs. Alapati Venkata Subba Rao and anr.
Court: Andhra Pradesh
Decided on: Dec-12-1989
Reported in: 1991ACJ206
Radhakrishna Rao, J.1. The Motor Accidents Claims Tribunal, Ongole, after considering the claim of the injured person aged about 21 years, awarded a sum of Rs. 2,55,000/- as damages fixing the liability on the owner of the offending vehicle as well as the insurance company, against the estimated claim of Rs. 4,24,000/- which was, howeyer, restricted by the claimant to Rs. 3,00,000/-. Aggrieved against the said order, the insurance company, i.e., the 2nd respondent in the lower court, filed the present appeal. The owner of the vehicle has not filed any appeal.2. In this appeal it is contended by the insurance company that the fixing of the liability on the insurance company over and above Rs. 50,000/- since the vehicle is a passenger bus, is not correct. The insurance policy is marked as Exh. B-l. The lower court relying upon a judgment of the Madras High Court in Basheer Ahmed v. Sumathi 1985 ACJ 137 (Madras), observed as follows:It is contended that the liability of the 2nd respondent...
Manchukonda Jewellery House and ors. Vs. Commissioner of Commercial Ta ...
Court: Andhra Pradesh
Decided on: Dec-11-1989
Reported in: [1991]80STC195(AP)
Yogeshwar Dayal, C.J. and A. Lakshmana Rao, J.1. This judgment will dispose of the above ten writ petitions since common questions are involved in all of them. Facts in this judgment are referred to from Writ Petition No. 13401 of 1989. 2. The petitioner-firm, M/s. Manchukonda Jewellery House, Visakhapatnam, deals in gold and silver articles and jewellery. The petitioner at times purchases old jewellery like gold bangles, gold chains, etc., and old silver articles and utilises them in the manufacture of gold jewellery and silverware. Some of the old jewellery containing costly stones are resold after polishing and repair, if any. While taking weighment before purchase of the gold jewellery, even if the jewellery is studded with precious stones, the same are rarely removed. 3. For the assessment years 1984-85 to 1986-87, the petitioner-firm was initially assessed to sales tax under the Andhra Pradesh General Sales Tax Act, 1957, by the Deputy Commercial Taxes Officer, Visakhapatnam. By ...
Shakti Engineering Company Vs. Commercial Tax Officer, Company Circle, ...
Court: Andhra Pradesh
Decided on: Dec-08-1989
Reported in: [1990]78STC421(AP)
ORDER1. The above tax revision case, filed by the assessee, was dismissed by a Division Bench of this Court [See Sakti Engineering Comapany v. State of Andhra Pradesh .], consisting of one of us (G. Ramanujulu Naidu, J.) and Anjaneyulu, J., on the ground that the assessee collected sales tax, tumover-tax and tax on tax not only on the value of the goods supplied but also on the basic excise duty and special excise duty levied thereon. The basis of our judgment, it is rightly pointed out by the learned counsel appearing for the assessee, is not borne out by the record. In fact, it is noticed from the order of the Sales Tax Appellate Tribunal sought to be revised against, that though the excise duty was first levied on the value of the goods supplied by the assessee, the same was later deducted from the bills issued by the assessee to the State Electricity Board. We, therefore, set aside the order dated February 15, 1988, dismissing the above T.R.C. and restore the same for fresh hearing...
B. Ramesh Vs. University of Health Sciences, Vijayawada and Others
Court: Andhra Pradesh
Decided on: Dec-06-1989
Reported in: AIR1991AP1
ORDERSyed Shah Mohammed Quadri, J. 1. The petitioner, who is an aspirant for admission to M.Ch. Genito Urinary Surgery Speciality (2nd Post Graduate Course) for the academic year 1987-88, challenges the validity of Art. 371D of the Constitution of India and the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974 made by the President under Clause (1) of Art. 371D (for short, the Presidential Order).2. A learned single Judge of this Court referred the writ petition to a Division Bench in view of the importance of the questions raised in the writ petition. That is how this writ petition has come up for hearing before us.3. Since we are concerned here with Constitutional validity of Art. 371D which is a special provision for the State of Andhra Pradesh and which was inserted by Parliament to give effect to what is commonly known as six point formula, it would be apposite to extract Article 371D of the Constitution here.'Special provisions with respect to the Sta...
Atmuri Mahalakshmi and Others Vs. Jagadeesh Traders
Court: Andhra Pradesh
Decided on: Dec-05-1989
Reported in: AIR1990AP288
ORDER1. The petitioners who are third parties filed a petition before the lower Court under Order 1, Rule 10 and S. 151, C.P.C. to implead them as plaintiffs 2 to 5 in the suit. The respondents herein are the defendants in the suit. The learned District Munsif declined to grant permission to the petitioners to come on record on the ground that they have no locus standi to file the petition. Aggrieved against the said order of the learned District Munsif, the petitioners-third parties have filed the present revision petition.2. The suit was filed for recovery of certain amount on the basis of khata by M/s. Pattabhi Enterprises against the respondents herein. The petitioner's case is that they are blood relations, 1st petitioner being the wife and petitioners 2 to 4 being the sons ofA. Pattabhirama Rao who filed the suit as Managing Partner of Pattabhi Enterprises, that they are also the partners of the said firm along with Pattabhirama Rao and therefore they are also entitled to the amo...
Bhoomaiah and ors. Vs. the District Collector and ors.
Court: Andhra Pradesh
Decided on: Dec-05-1989
Reported in: 1992(1)ALT641
ORDERSeetharam Reddy, J.1. The case of the petitioners is that they are holding their watans as sethsindhies and neeradies. While so, the Mandal Revenue Officer has issued a notification calling for applications for the posts which have been held by the petitioners on the premise that since the watans have been abolished under the A.P. Act No. 10 of 1978, they have no more any locus standi to continue as such and therefore the Government is competent to appoint in those places by calling for applications. It is this notification that is challenged. Pending disposal of the writ petition however there is a direction not to disturb the petitioners from their possessions. The contention of the learned counsel for the petitioners is that abolition of watans is only in respect of watans held by the Village Officers but not Village Servants like the petitioners holding the posts as sethsindhies and neeradies. Therefore the Mandal Revenue Officer has misconceived being under the impression tha...
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