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Andhra Pradesh Court August 1989 Judgments

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Aug 10 1989

income-tax Officer, Circle I, B-ward, Hyderabad Vs. Shivlal Dhulichand ...

Court: Andhra Pradesh

Decided on: Aug-10-1989

Reported in: [1990]184ITR414(AP)

Bhaskara Rao, J.1. This is an appeal filed by the Income-tax Department against the acquittal of respondent Nos. 1 to 3 who were charges under section 276(1) and 277 of the Income-tax Act and under section 193 and 196 of the Indian Penal Code. 2. The facts of the case are that A-1 is the firm and A-2 and A-3 are partners. A-1 firm filed a return, exhibit P-3, dated June 25, 1985 before P-W-1, Income-tax Officer, D-Ward, Circle-1, Hyderabad, for the assessment year 1984-85 declaring an income of Rs. 99,980. It was A-3 that signed in exhibit P-3 (a), the verification on behalf of A-1 firm. Along with the return, exhibits P-4 to P-6, adjusted profit and loss account and the trial balance were also filed. In exhibit P-6, under the head 'List of sundry creditors'. The names of Sri Ramavatar Sharma and Smt. Bhagirathi Sharma were shown. They are supposed to have lent sums of Rs. 62,457 and Rs. 55,406, respectively, to A-1 firm. During the assessment proceeding, P.W-1 (Income-tax Officer) too...


Aug 09 1989

M. Hanumantha Rao Vs. Sajja Venugopal Rao

Court: Andhra Pradesh

Decided on: Aug-09-1989

Reported in: 1990CriLJ1547

Bhaskar Rao, J.1. This petition is field by the Deputy Commercial Tax Officer, Chirala, to quash all further proceedings in C.C. No. 14 of 1989 on the file of the III additional Munsif-Magistrate, Chirala, Prakasam District. 2. The facts of the case are that the 1st respondent herein filed a complaint starting therein that he is the managing partner of the 'Jayalakshmi Talkies, Vetapalem' doing business in exhibiting cinemas; that the petitioner herein was the Deputy Commercial Tax Officer having his office at Chirala and collecting entertainments tax over all the cinema theatres at Chirala and Vetapalem; that the 1st respondent herein fell in arrears pertaining to the year 1986-87 of the entertainments tax to the Government; that for the non-payment of the tax, the petitioner herein filed a complaint in S.T.C. No. 81 of 1986 against the 1st respondent (A-3) and two others (A-1 and A-2) on the file of the III Additional Munsif-Magistrate, Chirala; that in that case, A-1 was acquitted a...


Aug 08 1989

V. Sundararami Reddi Vs. State

Court: Andhra Pradesh

Decided on: Aug-08-1989

Reported in: 1990CriLJ167

Jayachandra Reddy, J.1. Whether the Appellate Court, while exercising its powers under S. 389(1) of the Cr.P.C., can suspend the execution of sentence as well as the conviction, pending an appeal preferred by a convicted person, is precisely the question that arises for our consideration in this batch of petitions. 2. The Special Court under A.C.B. and S.P.E. cases at Nellore convicted several public servants belonging to the Irrigation Department and also some contractors, for various offences of misconduct. The accused preferred appeals and also sought for suspension of the operation of the Judgment, which includes the conviction as well as the sentence imposed on them by the trial Court. It may be mentioned here that the public servants involved in those cases were suspended from service, and as per the interim directions of this Court in the writ petitions filed by them, they were reinstated into service and as such they have been continued in service. 3. The learned single Judge, ...


Aug 08 1989

B. Prabhavati Rao Vs. Andhra Pradesh Residential Educational Instituti ...

Court: Andhra Pradesh

Decided on: Aug-08-1989

Reported in: (1990)ILLJ334AP

ORDER1. The petitioner is a permanent employee of the Zilla Praja Parishad, Guntur. Her services were lent to the first respondent. A.P. Residential Educational Institutions Society by an order dated 20th October, 1983 for appointment temporarily as Principal, A.P. Residential School for Girls, Ammanabrolu, Prakasam District. Her lien still continues in the Guntur Zilla Praja Parishad; she has not been absorbed into the service of the first respondent-society. By an order dated 6th May, 1989, the second respondent herein, Vice-Chairman of the Society, placed the petitioner : 'under suspension in the public interest under Rule 7 of the Andhra Pradesh Residential Educational Institutions Society Discipline and Appeal Rules and Rule 17 of the C.C.A. Rules pending detailed enquiry and disciplinary action'. A reading of the impugned order shows that the charges levelled against the petitioner are all very trivial in nature. Challenging the validity of the order she filed the present writ pe...


Aug 07 1989

B. Srinivas and Others Vs. the University of Health Services, Vijayawa ...

Court: Andhra Pradesh

Decided on: Aug-07-1989

Reported in: AIR1991AP95

ORDER1. The petitioners in all these writ petitions are students undergoing studies in Post-Graduate Diploma Courses in the various Medical Colleges in different subject-groups. The petitioners in the first four writpetition, viz., W.P. Nos. 9117/89, 9142/89, 9578/89 and 7298/89, seek a writ of mandamus declaring the notification F.No.6801/ PG/E2/88, dated 14-12-1988 issued by the respondent as illegal, arbitrary and discriminatory and to direct the respondent to permit the petitioners to appear for the Entrance Test for the year 1989 for admission into P.G, Medical Degree Course. In W.P. 9260/ 89 the petitioner prays for the issue issue of writ of mandamus declaring R.6 read with R.11(ii), particularly R.6(3) of the Rules for Admission to Post-Graduate Medical Courses in the Medical Colleges in A.P. University of Health Sciences for the year 1989-90, as arbitrary, illegal and unenforceable and seeks a direction to allow the petitioner to appear for the Post-Graduate Entrance Test to b...


Aug 03 1989

U. Chinnappa Vs. Cotton Corporation of India and Others

Court: Andhra Pradesh

Decided on: Aug-03-1989

Reported in: 1998(5)ALD16

ORDERP. Venkatarama Reddi, J. 1. Thequestion that falls for our consideration in this wit petition is whether a workman employed by a corporation, industry or an authority of State or Central Government can invoke the provisions contained in sub-section (2) of Section 2A of the Industrial Disputes Act (inserted by A.P. Act 32 of 1987), and straightaway file an application before the labour Court inviting adjudication of the dispute relating to his termination without seeking reference of the dispute by the CentralGovernment under Section 10 of the Industrial Disputes Act (hereinafter referred to as 'the Act'). The petitioner, who was a Cotton Purchase Officer in the 1st respondent-Corporation, was removed from service on 3-8-1987 as a result of disciplinary enquiry. On appeal, the order passed by the disciplinary authority was confirmed. Thereafter he filed I.D.73 of 1988 in the Labour Court, Guntur under Section 2A(2) of the Industrial Disputes Act. On a preliminary objection raised b...


Aug 01 1989

Vavilala Fishermen Co-operative Society Limited Vs. Vavilala Gram Panc ...

Court: Andhra Pradesh

Decided on: Aug-01-1989

Reported in: 1992(2)ALT569

ORDERM.N. Rao, J.1. The petitioner - Vavilala Fishermen Co-operative Society Limited is seeking a writ order or direction declaring the action of the Gram Panchayat in conducting open auction on 1-9-1988 relating to the fishing rights of 4 tanks of Vavilala Village as illegal and consequential direction to the Gram Panchayat to allot the fishing rights to the petitioner-Society. There are 5 minor irrigation tanks in Vavilala village, Tiruvuru Mandalam, Krishna Dist. The area of operation of the petitioner-Society is confined to the limits of Vavilala village. On 22-2-1988 the petitioner-Society was provisionally registered and the final registration was on 7-6-1988 on 8-6-1988 the Assistant Director granted lease in respect of one tank - Krishna Sagaram - for a period of three years in favour of the petitioner-Society. As regards the other 4 tanks the petitioner-Society made a request for similar grant of lease. The Commissioner of Fisheries issued a telegram to the Assistant Director ...


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