Andhra Pradesh Court November 1990 Judgments
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A. Seshagiri Rao Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Nov-20-1990
Reported in: (1993)IIILLJ57AP
ORDERRadhakrishna Rao, J.1. This petition is filed for the issue of a writ of mandamus declaring the action of the 1st respondent in refusing to refer the dispute raised by the petitioner to the Labour Court for adjudication as arbitrary, illegal and without jurisdiction, and to issue a consequential direction to the 1st respondent to refer the dispute to the Labour Court for adjudication.2. The impugned order reads as follows:'............... The Government considers that the above dispute does not merit reference for adjudication since the punishment inflicted by the Management on the workmen was to ensure discipline in the industry.'3. The first respondent took the view that the punishment inflicted by the Management was to ensure discipline in the industry and if so, no reference is called for. It may however be noticed that the petitioner herein was inflicted with certain punishment, and to seek an adjudication whether the punishment so imposed by the Management was justified or n...
Syndicate Bank Vs. Secretary, Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-19-1990
Reported in: [1991]80STC417(AP)
Yogeshwar Dayal, C.J. and Upendralal Waghray, J.1. This writ petition has been filed on behalf of the Syndicate Bank, represented by its Deputy General Manager, Zonal Office, Hyderabad, questioning the order dated May 28, 1987, passed by Sri A. Balasubba Reddy, MBA, Commercial Tax Officer, Guntakal. It is useful to reproduce the impugned order : 'I am to inform you that according to the amendment in G.O. cited above and the powers vested in new rule 56-A of the Andhra Pradesh General Sales Tax Rules, 1957, I may require you to submit a return in form A-8. I, therefore, request you to send the particulars as required in form A-8 as per records available with you for the year 1986-87 and continue to submit the return every month of the transactions with the dealers of Guntakal Circle. This may kindly be treated as urgent and particulars may be furnished as early as possible since the finalisation of assessment of dealers are being taken up for 1986-87.' 2. The bank has also challenged ...
Polavarapu Jagadiswararao Vs. Kondapaturi Venkateswarlu and anr.
Court: Andhra Pradesh
Decided on: Nov-16-1990
Reported in: 1991(1)ALT70; 1991CriLJ1419
ORDER1. This is a petition filed to quash the proceedings in C.C. No. 6 of 1989 on the file of the 2nd Addl. Munsif Magistrate, Chirala. 2. The brief facts of the case are : The petitioner herein worked as a Principal of the V.R.S. and Y.R.N. College, Chirala during 1966 to 31-3-1989. The respondent-complainant is working as a U.D.C. (Upper Division Clerk) in the same college. He filed a complaint u/Ss. 406 and 408, I.P.C. against the petitioner in the Court below alleging that the respondent misappropriated funds of the college running to about Rs. 9,71,101/- during the period he worked in the College as the Principal. 3. The main contention of Mr. S. Venkata Reddy, the learned counsel for the petitioner, is that the complainant has no locus standi to file the complaint since he is not the aggrieved party and that if at all it is for the Management of the College or the Government to launch any prosecution against the petitioner. 4. To deal with this contention it is first necessary t...
Carmel High School, Rep. by Its Correspondent, Father Simon Thavakan V ...
Court: Andhra Pradesh
Decided on: Nov-16-1990
Reported in: 1991(1)ALT412
Jagannadha Rao, J.1. This writ appeal is preferred against the judgment of the learned single Judge in Writ Petition No. 6304 of 1984 dated 18-7-1989. By that judgment, the writ petition was dismissed. The appellant is the Carmel High School, Kalyani Khani, Adilabad district and was the writ petitioner. The writ petition was filed for the issue of a writ of certiorari quashing the order of the Deputy Educational Officer, Lusettipet, Adilabad district dated 12-3-1984.2. The facts of the case are as follows :-The appellant is a School established in 1963 in Adilabad district at Kalyani Khani. The 3rd respondent, Sri Bhaskara Sharma, was appointed as a teacher in the appellant-school on 13-6-1983 for the period upto 24-4-1984. His services came to an end on 24-4-1984 by efflux of time. It appears that the 3rd respondent-teacher made a representation to the 2nd respondent (Deputy Educational Officer, Luxettipet) seeking continuance as teacher and on that basis, the 2nd respondent purported...
Vijayasanthi Investments Pvt. Ltd. Vs. Chief Commissioner of Income-ta ...
Court: Andhra Pradesh
Decided on: Nov-15-1990
Reported in: (1991)91CTR(AP)36; [1991]187ITR405(AP)
Jagannadha Rao, J. 1. The petitioner seeks the issue of a writ of mandamus declaring that the third respondent, the Assistant Commissioner of Income-tax (Inv. Circle-2). Vishakhapatnam, has no jurisdiction to take any action in regard to the petitioner's file No. PAN V-2, Vishakhapatnam. The first respondent is the Chief Commissioner of Income-tax, Administration, Bombay, and the second responded is the Assistant Commissioner of Income-tax (Inv. Circle 3-(1), Bombay. In effect, the petitioner is questioning the transfer of its file from Bombay to Vishakhapatnam as being violative of section 127 of the Income-tax Act, 1961. 2. The brief facts are as follows : The petitioner is a private limited company incorporated under the Companies Act. Its registered office is said to be located at 503, jolly Bhawan, No. 1, New Marine Lines,Bombay, and Calcutta and the business is controlled both by the registered office and the head office. It is said that the books of account are maintained at the...
Neelam Prakasam Vs. the District Collector (Panchayat Wing) and anr.
Court: Andhra Pradesh
Decided on: Nov-15-1990
Reported in: 1991(1)ALT398
ORDERNeeladri Rao, J.1. The Office of Sarpanch of Kasipadu in Pedakurapadu Mandal was reserved for SC during fourth ordinary elections held in March, 1988. The petitioner and R-2 contested for the same and R-2 was declared elected. R-2 is only a Christian and the certificate issued by the Upadesi, Kasipadu RCM Association would clearly establish it and hence he was not qualified to contest for the office of the Sarpanch of the Kasipadu, contends the petitioner. When he made a representation to R-1, the District Collector (Panchayat Wing) praying for setting aside the election of R-2 on the ground that he falsely represented that he belongs to SC, the latter directed the Mandal Revenue Officer, Pedakurapadu to make an enquiry. It is submitted for the petitioner that the Mandal Revenue Officer made an enquiry and found the petitioner as belonging to the Christian community and thus he does not belong to SC Community. Then petitioner made a representation dated 27-2-89 to R-1 praying for ...
T. Koteswara Sarma Vs. Station House Officer
Court: Andhra Pradesh
Decided on: Nov-13-1990
Reported in: 1991(1)ALT172
ORDERBhaskar Rao, J.1. This revision is filed against the order directing the petitioner's counsel Sri T.P. Sastry to withdraw his appearance in the case.2. The facts of the case are that the de facto-complainant filed a report before the police against the petitioner. The petitioner engaged T.P. Sastry, his own brother as his counsel. The de facto-complainant, the petitioner and T.P. Sastry are brothers. The A.P.P. II filed a memo before the Court below seeking a direction to the petitioner-accused to engage some other counsel, as T.P. Sastry cannot defend the petitioner. The Court below allowed the said memo and observed :'........During the cross-examination of P.W. 1 some times unpleasant situation is being experienced, whenever a question is put to P.W. 1 by the defence counsel, as that matter was between defence counsel and P.W. 1. Sometimes, P.W. 1 was stating that he brought up the entire family and that 'you know every thing' addressing towards defence counsel. This is a pecul...
Advocate General, Andhra Pradesh, Hyderabad Vs. Rachapudi Subba Rao
Court: Andhra Pradesh
Decided on: Nov-12-1990
Reported in: 1991CriLJ613
M.N. Rao, J. 1. This is the second Full Bench to hear these contempt cases. In 1987 a Full Bench of this Court presided over by P. A. Choudary, J. heard these cases. The hearing was completed on 6-7-87 and judement was reserved. Nearly one year thereafter on 1-7-88 the learned presiding judge laid down the office on attaining the age of 62 years without convening the Full Bench for delivering the judgment. Because of this unfortunate situation this Full Bench has again been constituted by the Hon'ble the Chief Justice. 2. Dealing with the question whether sanction of the Central Government under S. 197(1) of the Code of Criminal Procedure is a condition precedent for a court to take cognizance of an offence alleged in a private complaint against a judge of the High Court in respect of his acts in the discharge of judicial functions, a Division Bench of this Court comprising the Hon'ble Chief Justice B. J. Divan and Raghuvir, J. (as he then was), in Crl.R.C. No. 534 and 523 of 1976 date...
Dharma Reddy Vs. State and anr.
Court: Andhra Pradesh
Decided on: Nov-12-1990
Reported in: 1991(1)ALT101; 1991CriLJ1476
ORDER1. This is a petition filed u/S. 482, Cr.P.C., to quash investigation in Crime No. 254 of 90 of Abids Police Station, Hyderabad. 2. The relevant facts in brief are : One Ramanayya, General Manager of Hotel Ahwanam made a report to the Police, Abids Police Station, on 7-9-90 stating that some cash was missing from their almirah having been stolen and they suspect one Satyam of Guntur. The Police registered it as Cr. No. 254/90 u/S. 457 and 380, I.P.C. On 13-9-90 the Sub-Inspector arrested one Satyanarayana at his residence in Nacharam, Hyderabad, and recovered Rs. 25,000/- from him. Satyanarayana named three persons as having involved in the Crime. They are (i) Kasinath, (ii) Kareem and (iii) Prasad. On the same day (i.e. 13-9-90) the Sub-Inspector arrested Kasinath and recovered from him Rs. 5,000/-. While so, on 25-9-90 the local Daily, viz. Deccan Chronicle, published a news item stating that there has been a theft of Rs. 1,70,00,000/- from Ramakrishna Studios at Nacharam, that ...
Yelluru Mohan Reddy Vs. Rastriya Ispathnigam Ltd., Visakhapatnam
Court: Andhra Pradesh
Decided on: Nov-09-1990
Reported in: AIR1992AP81; 1991(1)ALT515
ORDER1. This civil revision petition raises a question of importance regarding the scope of arbitration clauses which also contains sub-clauses excluding certain matters from the purview of arbitration and also a question relating to the application of Section 8(2) of the Indian Arbitration Act, 1940 (hereinafter referred to as the Act).2. The facts of the case are as follows :--The petitioner entered into a contract with the respondent. The Visakhapatnam Steel Project, on 31-3-1986. Earlier the petitioner wasawarded the work on 30-12-1985 in a sum of Rs.6,15,750/- and the work was to be completed in four months. It appears from the counter that certain meetings took place between the petitioner and the respondent on 7th, 21st and 28th March, 1986 and a revised programme has fixed up in which the petitioner agreed to complete the work by the end of May, 1986 which would mean that there will be a delay of one month in the completion of the work, it is the case of the petitioner that he ...
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