Andhra Pradesh Court February 1989 Judgments
Nerati Pichamma and anr. Vs. Pasumala Arogiya and ors.
Court: Andhra Pradesh
Decided on: Feb-28-1989
Reported in: 1991ACJ251
K. Ramaswamy, J.1. Both the appeals and the civil revision petition are disposed of together as they arise out of the same cause of action.2. Both the appeals are filed against the common order and decrees in O.P. Nos. 216 of 1983 and 218 of 1983, dated August 19,1985, on the file of the Motor Accidents Claims Tribunal, Nalgonda.3. The appellants in C.M.A. No. 1247 of 1985 are the father and mother of the deceased, who are claimants in O.P. No. 216 of 1983. They preferred this appeal claiming compensation of Rs. 50,000/- as against Rs. 20,000/-awarded by the Tribunal below to the 1st petitioner and dismissing the claim of the 2nd petitioner therein.4. The appellant in C.M.A. No. 1407 of 1985 is the driver, 2nd respondent in the very same O.P. No. 216 of 1983. He filed this appeal aggrieved by the direction of the court below to pay the compensation to the claimant.5. Civil Revision Petition No. 3749 of 1985 is filed by the driver, 2nd respondent in O.P. No. 218 of 1985, aggrieved by th...
Tag this Judgment!Kum. M. Anuradha, Adv. Vs. Sri. Venkateswara University, Triupati
Court: Andhra Pradesh
Decided on: Feb-24-1989
Reported in: AIR1990AP122
ORDER1. The petitioner studied in Adoni Arts and Science College, Adoni during the academic years 1984-87. The first year examinations of the B.Sc, were scheduled to be held in June, 1985. The petitioner was seriously ill during that period. Therefore, she did not attend the examination due to illness. She however appeared in the supplemental examinations held in September, 1985 and passed in one attempt. She also passed second year examination in one attempt; so also the third year examination. She secured 58% of marks in Chemistry, 72.8% in Botany and 67.4% in Zoology in the aggregate of all the three examinations. She applied for admission in M.Sc., Botany. The list of selected candidates was announced on December 17, 1987 but her name was not included while a candidate who secured. 63% in Botany was selected. She was later informed that as she passed the first year examination in September, 1985 instead of June, 1985, She was treated as having passed in second attempt and was not s...
Tag this Judgment!Maduri Satyanarayana Vs. Singamsetti Veerabhadraswamy
Court: Andhra Pradesh
Decided on: Feb-23-1989
Reported in: AIR1990AP169
1. The defendant in the suit is the appellant. The palintiff filed a suit for eviction of the defendant from the plaint schedule property and for recovery of an amount of Rs. 233/- towards rent or damages for use and occupation of the suit site. The plaintiff's case is that a vacant site was leased out to the defendant on a rent of Rs. 50/- per month, that the plaintiff issued a notice on 16-1-1978 terminating the tenancy and, therefore, he filed the suit.2. The defendant resisted the suit by raising various contentions. The first contention is that the Lessor was the plaintiff's father, but not the plaintiff and so, the plaintiff has no locus standi to file the suit. The second contention is that the property that was leased out is not a vacant site, but it is a building within the meaning of Rent Control Act as there was a structure therein when the property was leased out. The third contention is that the notice to quit issued under Section 106 of Transfer of Property Act is not a v...
Tag this Judgment!State of Andhra Pradesh Vs. Sri Akkamamba Textiles Ltd. and ors.
Court: Andhra Pradesh
Decided on: Feb-23-1989
Reported in: [1990]79STC357(AP)
Jeevan Reddy, J.1. The question in this batch of tax revision cases is whether cotton yarn in which the non-cotton content is 10 per cent is 'cotton yarn' within the meaning of entry 10 of the Third Schedule to the Andhra Pradesh General Sales Tax Act, 1957 2. The assessment years concerned herein are no doubt different, but all of them fall prior to July 1, 1985. The amending Act 18 of 1985 was brought into force with effect from July 1, 1985. Entry 165, inter alia, was added in the First Schedule. Entry 165 reads as follows : 'Blended cotton yarn with non-cellulosic fibre content not exceeding 16 2/3 per cent by weight to that of cotton yarn (i.e., cotton/viscose or cotton/polysonic).' 3. After the introduction of this entry, there is no room for controversy, since the goods concerned herein would fall clearly under entry 165. We are, however, concerned herein with the position obtaining prior to the introduction of the said entry. The question is whether cotton yarn ceases to be cot...
Tag this Judgment!State of Andhra Pradesh Vs. Sreenivas Trading Co.
Court: Andhra Pradesh
Decided on: Feb-22-1989
Reported in: [1989]73STC245(AP)
Neeladri Rao, J.1. The respondent is a dealer in fertilizers at Kamareddy. For the assessment year 1975-76 as per the order dated 29th September, 1976, the assessing authority granted exemption on a turnover of Rs. 65,297 on the ground that it pertains to second sales of fertilizers. During the relevant time, fertilizers were subject to tax at the point of first sale within the State. 2. On the basis of some information, the assessing authority found that the said turnover represented first sales of fertilizers within the State. Hence he exercised the power under section 14 of the A.P. General Sales Tax Act, 1957 (hereinafter referred to as 'the Act') and by the order dated 10th January, 1980, he reassessed the said turnover, and tax on the same was demanded by holding that exemption or deduction in regard to the above turnover was wrongly granted. The order dated 10th January, 1980 was passed under section 14(4)(cc) of the Act and it was confirmed in appeal by the Assistant Commission...
Tag this Judgment!State of Andhra Pradesh Vs. Ratna Sree Box Makers
Court: Andhra Pradesh
Decided on: Feb-21-1989
Reported in: [1989]75STC82(AP)
Neeladri Rao, J.1. The respondent herein is a manufacturer and dealer in cardboard boxes. For the assessment year 1977-78, his total turnover was less than Rs. 25,000. The assessing authority, i.e., the Assistant Commercial Tax Officer, held that cardboard boxes were unclassified goods. During 1977-78, if the total turnover of unclassified goods was less than Rs. 25,000 it was not subjected to tax under section 5(1) of the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the Act') and hence exemption was granted for the entire turnover in regard to the sales of cardboard boxes in 1977-78. 2. During the course of audit conducted by the appropriate authority the assessing authority was informed that cardboard boxes come within the purview of item 19 of the First Schedule and hence they are liable to tax at the point of first sale at the rate of 4 per cent irrespective of the turnover. Thereupon, the assessing authority issued a show cause notice to the respondent h...
Tag this Judgment!M.H. Prasad and ors. Vs. Suptd. of Mines, Hindustan Zinc Ltd. and anr.
Court: Andhra Pradesh
Decided on: Feb-21-1989
Reported in: (1994)IIILLJ1141AP
ORDERSardar Ali Khan, J.1. In the first batch of Writ Petitions, viz., W.P. Nos. 13033/88, 13035/88, 13036/88 and 13038/88 the petitioners seek a writ of certiorari calling for the records relating to the second respondent's Office Order No Pers/R/7(46), dated 23-7-1988 awarding a punishment or reducing to a lower grade of Cat. V in the pay scale of Rs. 650-27-1055 as Lab. Attendant 'A' and to set aside the same as illegal, null and void and unconstitutional. In the second batch of writ petitions, viz., W.P. Nos. 19109/88, 19110/88 and 19113/88 to 19118/88 the petitioners seek a writ of certiorari calling for the records relating to the second respondent's Order No. Ag/Adm/3/(91)/72, dated 22-11-1988 dismissing the petitioners from service and to set aside the same as illegal, void and unconstitutional.2. The orders in question have been passed against the petitioners imposing the penalty of reducing to a lower grade or dismissal from service, as ,the case may be, on the ground that th...
Tag this Judgment!Revenue Divisional Officer Vs. Dasari Ganga Raju and Others
Court: Andhra Pradesh
Decided on: Feb-20-1989
Reported in: AIR1991AP110
1. LandAcquisition Act on December 1,1977, acquiring Acs. 1-35 cents in Rayalam village of Narsipatnam town for establishment of thebus-stand. The Land Acquisition Officerdetermined the market value of the landunder acquisition at the rate of Rs.10,000/-per acre. On reference, the Civil Courtenhanced the market value at the rate ofRs.10/- per square yard. As against theenhancement of the market value, the Statehas filed these appeals.2. The contention of Sri Reddeppa Reddy, the learned Standing Counsel for the Corporation, is that there are no written applications filed by the claimants pursuant to the notices u/Ss.9 and 10 of the Act. Therefore, they are not entitled to receive more than what has been awarded by the Land Acquisition Officer. I find no force in the contention. S. 9 of the Act provides that the Collector shall cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that...
Tag this Judgment!The Special Tahsildar, Land Acquisition, Yerraguntla Vs. Kamalagangi R ...
Court: Andhra Pradesh
Decided on: Feb-17-1989
Reported in: AIR1990AP124
1. This bunch of appeals raise common questions of law and facts. Therefore, they are disposed of by a common judgment. In fact, the evidence in O.P. No. 274/82 (against which A.S. No. 397/85 arises) was recorded with consent of both parties and the judgment therein dated April 23, 1984 formed the basis for determination of the market value by the Court of all the lands under acquisition which were acquired for a public purpose.2. The procedure provided in Part III of the Land Acquisition Act (Act I of 1894), for short, 'the Act', foor the company was adopted in acquiring a total extent of Ac 2,058-23 cents in Chilamakur village and adjacent villages for establishment of the cement factory by M/s. Coromandal Fertilizers Ltd., Secunderabad. Notification under S. 4(1) of the Act was published in regard to Reach No. XVI on July 13, 1981. The entire extent of land was divided into 59 reaches for the administrative convenience; the land bearing Survey Nos. 1293 to 1302, admeasuring about Ac...
Tag this Judgment!S. Mohammad AnwaruddIn Vs. Sabina Sultana and ors.
Court: Andhra Pradesh
Decided on: Feb-17-1989
Reported in: [1989]179ITR442(AP)
Jeevan Reddy, J.1. A common question relating to the validity and effect of the 'Benami Transactions (Prohibition) Act, 1988 (hereinafter referred to as 'the Act'),' arises in all these matters. Two questions touching the Act are urged before us, viz, (i) that Parliament was not competent to make the said Act applicable to agricultural lands, and (ii) that the Act has no application to transactions anterior to it. 2. On May 19, 1988, the President of India promulgated the 'Benami Transactions (Prohibition of the Right to Recover Property) Ordinance, 1988'. The Ordinance was promulgated to prohibit the right to recover property held benami and for matters connected therewith or incidental thereto. The Ordinance did not define the expression 'benami'. Sub-section (1) of section 2 of the Ordinance barred a suit, a claim, or an action to enforce any right in respect of any property held benami against the person in whose name the property is held or against any other person by or on behalf...
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