Andhra Pradesh Court March 1990 Judgments
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M/S. Mahmooda Begum Ricemill Vs. the Additional Commissioner of Civil ...
Court: Andhra Pradesh
Decided on: Mar-31-1990
Reported in: AIR1991AP76
ORDER1. The Manager of the petitioner-rice mill filed this writ petition under Article. 226 of the Constitution of India seeking to set aside G.O.Ms. No. 416 dated 4-8-1987 passed by the 1st respondent declaring it as illegal, arbitrary and without jurisdiction.2. The petitioner ricemill holds a valid licence under A.P. Scheduled Commodities Dealers (L.&D;) Order, 1982 (hereinafterreferred to as 'the Order'). On receipt of information that the petitioner-rice mill was indulging in clandestine business, the Inspector of Police, Vigilence Cell, Civil Supplies Department, Nizamabad, along with his staff, inspected the rice mill and checked the accounts. On verification of the book balance with that of stocks available, the following variations are noticed :CommodityAs per 'B' RegisterOn physical verificationVariationPaddy133-00197-8064-80 Qtts. (By excess)Rice18-0018-00-broken rice18-7718-77-During the check it was also found that the particulars noted in the triplicate way bill Nos. 13, ...
P. Venkateswara Rao and Others Vs. Osmania University, Hyderabad and O ...
Court: Andhra Pradesh
Decided on: Mar-31-1990
Reported in: AIR1990AP346
ORDERAmareswari, J.1. This group of Writ Petitions relate to establishment, permission, admission of students and cancellation of some admissions to the Padala Rama Reddy Law College, Hyderabad.2. Padala Rama Reddy Education Society is a Society registered under the Public Societies Registration Act, hereinafter referred to as the Society. One of the aims of the Society was to set up educational institutions. The Society wanted to establish a Law College in Hyderabad.3. In September, 1988 the Society sent a representation to the Government requesting for permission to establish a Law College under the name and style of 'Padala Rama Reddy Law College'. This representation was forwarded by the Government to the Osmania University requesting them to send a feasibility report. A copy of the representation was also sent to the Chairman, Andhra Pradesh State Council of Higher Education. The Society sent a copy of the representation to the Bar Council of India.4. The University appointed a Co...
Tadikonda Ramulu Vs. Income-tax Officer
Court: Andhra Pradesh
Decided on: Mar-31-1990
Reported in: [1990]186ITR148(AP)
1. An interesting and oft-repeated question arises for consideration in these writ petitions-what is the extent of the jurisdiction of courts under article 226 of the Constitution of India to review the action of the Income-tax Officer proposing assessment of escaped income in exercise of his powers under sections 147 and 148 of the Income-tax Act 2. The petitioner submits that some of its ramifications are yet virgin ground and hence these petitions. 3. The facts are only few and are common in all the cases. The petitioner-firm is a wholesale distributor of various brands of cigarettes manufactured by the Imperial Tobacco Co., Ltd., Bombay. It has its head office at Guntur and branch offices at Vijayawada, Tenali and Chirala. The manufacture, hereinafter referred to as 'ITC Ltd.', had extended interestfree credit up to rupees fifty lakhs to the petitioner to purchase stocks from it. The petitioner had also obtained an irrevocable revolving letter of credit from the Corporation Bank, G...
Delux Wines Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-31-1990
Reported in: [1990]77STC373(AP)
G. Ramanujulu Naidu, J. 1. As common questions of law are involved in this batch of writ petitions, the same can be disposed of together. The main question that arises for consideration in the batch of writ petitions is - the vires, scope and ambit of section 2(1)(s)(ii) and section 14-B of the Andhra Pradesh General Sales Tax, 1957, hereinafter referred to as 'the Act'. 2. The petitioners in all the writ petitions are dealers carrying on the business in the products of Indian made foreign liquor. W.P. No. 14730 of 1988 relates to the assessment year 1984-85. W.P. No. 15973 of 1988 relates to the assessment year 1983-84. W.P. No. 15972 of 1988 relates to the assessment years 1983-84 and 1984-85. W.P. No. 15299 of 1988 relates to the assessment year 1985-86. W.P. No. 15307 of 1988 relates to the assessment year 1985-86. W.P. No. 15311 of 1988 relates to the assessment year 1985-86. W.P. No. 15974 of 1988 relates to the assessment years 1984-85 and 1985-86. W.P. No. 15975 of 1988 relates...
Badimeni Pochaiah and Others Vs. Gatla Akkapalli and Others
Court: Andhra Pradesh
Decided on: Mar-29-1990
Reported in: AIR1992AP42
1. The interesting questions this second appeal gives rise to are:(1) Whether an order made setting the defendants ex parte is a bar against the defendants to appear and participate in the later proceedings of the suit? And (2) Whether the circumstances that the defendants have not preferred any remedy against the order dismissing his application to set aside the ex parte order precludes him from preferring an appeal against the decree in the suit by operation of the principle of res judicata? 2. In a suit filed by the respondents in this second appeal the defendant-appellants were set ex parte on 5-3-1983 since neither the written statement for the filing of which it was adjourned to that date was filed nor the defendants or their counsel was present on that date when it was called. On 22-3-1983, the defendants having come to know of this order filed I. A. 72 of 1983 under Order 9, Rule 7, C.P.C., to set aside the said order. Theapplication was pending for over a year and ultimately ...
M. Sivarama Krishna Reddy Vs. the Secretary, Regional Transport Author ...
Court: Andhra Pradesh
Decided on: Mar-29-1990
Reported in: AIR1991AP183
ORDER1. This batch of writ petitions raises a common question as regards application of principles of natural justice in relation to an existing operator at the pre-decisional stage of granting stage carriage permits by the Regional Transport Authority. It is not necessary to refer to the facts in all these cases; illustratively I shall refer to the facts in W. P. No. 14979 of 1989.2. The petitioner in W. P. No. 14979 of 1989 is an existing operator holding a pucca stage carriage permit on the route Market Yard to Venigandala viz.. R.T.C. Bus Stand, Autonagar and Kakani in Guntur town, a distance covering 12 Kms. He is plying 20 singles a day. Another stage carriage operator plies his vehicle in the opposite direction with 20 singles a day. There are 8 other vehicles plying on longer routes overlapping this particular route and making 240 singles daily. Some persons have applied to the Regional Transport Authority, Guntur seeking stage carriage permits on several routes in Guntur Town....
Rachana Flour Mill (P.) Ltd. Vs. Commercial Tax Officer, Secunderabad
Court: Andhra Pradesh
Decided on: Mar-29-1990
Reported in: [1990]78STC332(AP)
Sardar Ali Khan, J.1. The petitioner in this case is M/s. Rachana Flour Mills (Pvt.) Ltd., Pattancheru, Medak district, which is represented by its director, Ravinder Agarwal. They seek a writ of mandamus declaring as illegal and without jurisdiction the search made at the residential premises of the director of the petitioner-company on October 18, 1984, and also the retention of the seized documents by the respondent beyond November 18, 1984 and also seek a direction to the respondent to return the books forthwith to the petitioner. 2. The essential facts are as follows : The petitioner is a manufacturer of wheat products having its factory at Pattancheru, Medak district. The petitioner claims that they are filing returns every month before the Commercial Tax Officer, Sangareddy Circle and are paying taxes regularly without committing any default. The petitioner received a notice under section 17 of the A.P. General Sales Tax Act, 1957, from the Commercial Tax Officer, Lad Bazar Circ...
Karachi Bakery Vs. Regional Provident Fund Commissioner
Court: Andhra Pradesh
Decided on: Mar-29-1990
Reported in: [1991(62)FLR627]; (1999)IIILLJ151AP; (1999)IIILLJ151SC
Jagannadha Rao, J.1. The appellant, Karachi Bakery, has filed this writ appeal against the judgment of the learned single Judge dismissing the writ petition and in accepting the correctness of the orders of the Regional Provident Funds Commissioner (hereinafter called the Provident Funds Commissioner) by applying the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter called the Act), for the period April 1, 1977 to March 21, 1979, and levying a Contribution and administrative charges of Rs. 20,384.25.2. The view of the Provident Funds Commissioner was that if the appellant was having 6 regular and 5 part-time employees (in all 11), and if the appellant had entered into contracts with Devandas Bakery and Ram Bakery for supplying certain bakery products to the appellant, the employees of the said two firms- who are 18 in number-- should be treated as employees of the appellant-firm inasmuch as the said contracts are in connection with the bus...
B. Ramesh Vs. the Special Officer and Competent Authority Urban Land C ...
Court: Andhra Pradesh
Decided on: Mar-28-1990
Reported in: AIR1990AP307
ORDER1. The petitioner holds a General Power of Attorney from one M. Krishna Rao and others who had entered into an agreement to purchase lands comprised in Survey Nos. 65, 66 and 67 of Amberpet village of Hyderabad. The said lands were originally owned by one Nagaiah, having purchased the same under registered sale deed dated 15th Adabi 1350 Fasli. One K. Rajaniailaiah sold 25,000 sq. yards out of the said land to one Dandu Pentaiah and Kalva Suryanarayana on 24-4-1355 Fasli. The land underwent several transactions and ultimately it is said to be held by Kalva Suryanarayana and his family, and Dandu Pentaiah's sons. It is stated that there was some dispute with regard to the title to the said land which was set at rest by the judgment of the High Court in C.C.C.A. No. 85 of 1987 dated 28-7-1989, upholding the title of Kalva Suryanarayana and Dandu Pentaiah. Be that as it may, the petitioner divided the land into different plots for sale. The subject matter of this writ petition relate...
Bharat Pulvarising Mills (P) Ltd. and ors. Vs. the State of Andhra Pra ...
Court: Andhra Pradesh
Decided on: Mar-28-1990
Reported in: 1991CriLJ995
ORDER1. This petition is filed under S. 482, Cr.P.C. to quash the proceedings against the petitioners in C.C. 298/1989 on the file of the 5th Addl. Munsif Magistrate, Guntur. The petitioners and others are represented under the Insecticides Act. A-3 is the manufacturing company, which is represented by its Assistant Depot Manager N. Sundaresan. A-5 again is the manufacturing concern i.e., M/s. Bharat Pulverising Mills (P) Ltd., Bombay represented by its Director Sri N. S. Shah. A-4 is the Assistant Depot Manager. Accused 6 to 8 are the Directors of the company. A-9 is a Chemist of the Company. 2. In so far as the Directors of the company are concerned, their contention is that since there is no allegation in the complaint that they are in charge or responsible for the conduct of the business of the company they cannot be held liable. S. 33(1) of the Insecticides Act says that the company and every person who was in charge or was responsible to the company for the conduct of the busines...
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