Andhra Pradesh Court March 1990 Judgments
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Rayalaseema Enterprises Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-28-1990
Reported in: [1990]78STC121(AP)
B.P. Jeevan Reddy, J.1. These four tax revision cases pertain to the assessment years 1976-77, 1977-78, 1978-79 and 1980-81, i.e., all prior to the introduction of section 6-C in the Andhra Pradesh General Sales Tax Act, 1957. In T.R.C. Nos. 219 and 222 of 1989 relating to the assessment years 1976-77 and 1980-81, certain turnovers relating to bottles used for liquor and packing material were exempted as second sales and the first sales thereof were subjected to tax at the rate applicable to bottles and packing material. The original assessments made by the Deputy Commercial Tax Officer were revised by the assessing authority in one case and in another case by the higher authority, viz., the Deputy Commissioner of Commercial Tax. 2. In T.R.C. No. 220 of 1989 relating to the assessment year 1977-78, the turnover of bottles and packing material was assessed at a higher rate of tax by the assessing authority in exercise of his power under section 14(4). In T.R.C. No. 221 of 1989 relating ...
NitIn Kumar and Co. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-26-1990
Reported in: [1990]78STC104(AP)
Jeevan Reddy, J.1. The assessment year concerned herein is 1981-82. Hence, the following order : The tax revision case has to be allowed and the matter remitted to the Tribunal in the light of the decision of the Supreme Court in Raj Sheel v. State of Ahdhra Pradesh [1989] 74 STC 379. 2. In this case, the turnover relating to gunnies was exempted by the assessing authority. A part of the turnover was taxed under the Central Sales Tax Act, 1956, according to the petitioner. Be that as it may, the Deputy Commissioner revised the order of the assessing authority, and applying the provisions of section 6-C of the Andhra Pradesh General Sales Tax Act, 1957, held that the turnover relating to gunnies ought to be taxed at the same rate as the contents. The Tribunal dismissed the appeal filed by the petitioner following the decision of this Court in Raj Sheel v. State of Andhra Pradesh [1987] 64 STC 398. 3. Since the decision of this Court has been explained and modified by the Supreme Court i...
Mahalakshmi Enterprises and anr. Vs. Sri Vishnu Trading Co. and anr.
Court: Andhra Pradesh
Decided on: Mar-25-1990
Reported in: [1993]77CompCas249(AP)
Bhaskara Rao, J.1. The question that arises for consideration in this case is when the limitation starts under section 142(b) of the Negotiable Instruments Act, 1881, to file a complaint for the offence committed under section 138 of the said Act 2. The facts of the case are : The respondents herein filed a complaint under section 138 of the Negotiable Instruments Act on the ground that the cheque dated July 16, 1989, issued for Rs. 15,260 by the petitioner was dishonoured on July 24, 1989. In view of the dishonour, the respondents issued a notice to the petitioner on August 20, 1989, which was received by the present petitioner on August 24, 1989. It was on September 5, 1989, the respondents filed the petition before the court below complaining of the offence under section 138(c) of the Act. The court below dismissed the complaint on the ground the it is barred by limitation. 3. Section 138(c) of the Act reads as follows :- 'Where any cheque drawn by a person on an account maintained ...
P. Venkataraman Vs. the Convener, B.Ed. Common Enterance Test Committe ...
Court: Andhra Pradesh
Decided on: Mar-23-1990
Reported in: AIR1991AP190
ORDER1. The petitioner appeared for the entrance examination held on 21-8-88 for admission to B.Ed, course. He obtained 80 marks out of 150 and second rank No.09598. He holds N.C.C. 'C' certificate. 1% of the total seats are reserved for N.C.C. cadets. The petitioner claimed a seat under the N.C.C. reserved quota. The third respondent secured rank No.42,000 in the entrance examination and obtained 55 marks. He too is a holder of 'C' certificate in the N.C.C. The petitioner's grievance is that the third respondent was preferred although he secured a higher rank.2. In the counter-affidavit the stand taken is that the categorisation amongst holders of 'C' certificate in the N.C.C. was made by the Director General, N.C.C., Secunderabad.3. Although an interim direction was granted by this Court on 8-2-89 it could not be implemented for the reason that the Principal of the College was not made a party and therewas some confusion as to who should grant admission.4. The learned counsel for the...
Syed Salim Vs. M.J. Simon and ors.
Court: Andhra Pradesh
Decided on: Mar-22-1990
Reported in: 1991CriLJ294
ORDER1. The petitioner filed a complaint C.C. 33/87 in the Court of the V Addl. Munsif Magistrate, Guntur, against the accused herein for offences punishable under sections 323, 342 and 506 read with Section 34, I.P.C. The first accused was working as Sub-Inspector and the second accused was working as Head Constable of Kothapeta Police Station in Guntur. The allegations in the complaint in brief are that one Ramesh Aggrawal occupied a room in the Hotel belonging to the complainant's father on 28-1-1986 at about 4.45 p.m. and within a few minutes thereafter he informed at the counter that he lost some money in the room and immediately the complainant's father gave a report to the police station at Kothapeta, Guntur. It is alleged that about 8 p.m. both the accused along with some constables took the complainant, his brother-in-law and some other employees of the Hotel to the police station. There the complainant was detained for three days by the accused and he was tied to a beam and t...
State of Andhra Pradesh Vs. Gromor Chemicals Private Limited
Court: Andhra Pradesh
Decided on: Mar-21-1990
Reported in: [1990]79STC42(AP)
Yogeshwar Dayal, C.J. and Jagannadha Rao, J. 1. The tax revision case (T.R.C.) filed by the State will decide the main issue between the parties and the relief for refund sought for in the writ petition by the assessee depends upon our decision in the T.R.C. We shall, therefore, first deal with the T.R.C. We are concerned with the assessment year 1984-85. 2. The T.R.C. is filed by the State questioning the decision of the Andhra Pradesh Sales Tax Appellate Tribunal in T.A. No. 310 of 1986 dated 23rd February, 1989, by which the appeal filed by the assessee was allowed and the orders of the Appellate Deputy Commissioner (C.T.) (Company Division), Hyderabad, dated 12th February, 1986 and the order of assessment passed by the assessing authority were set aside, in so far as certain turnover which according to the assessee was not chargeable to tax under the Central Sales Tax Act. 3. The assessee is Gromor Chemicals (P) Ltd., Patancheru, Medak district, Andhra Pradesh, and has its manufact...
Cable House N-27 B.H.E.L. Vs. the Chief Engineer (Electricity), Hydera ...
Court: Andhra Pradesh
Decided on: Mar-20-1990
Reported in: AIR1990AP336
ORDER1. The petitioner, a small scale industry, challenges the order passed by the 1st respondent in Appeal No. 3 of 1986, dated 6-2-1987 by praying for a writ of certiorari to call for the records relating to the said order and to quash the same.2. The petitioner is doing the work of coating of G.I. wire 24 guage on job-work basis for M/s. I.D.L. Chemicals Limited, Hyderabad. In carrying on its work thepetitioner uses extruders with different types of motors. Apart from the motors, each extruder is provided with 3 sets of heaters known as (1) Die-heater with capacity of 400 Wts., (2) head heater of 300 Wts. and (3) tube heaters of 300 Wts. capacity. These heaters are used to mould the raw P.V.C. granules at the required temperature to use the P.V.C. for coating purposes. The functioning of the heaters would range between 15 minutes to half an hour before the extruders start functioning. After maintaining the required temperature the heaters will be swritched off automatically. The cap...
Usman Khan Bahamani Vs. Fathimunnisa Begum and Others
Court: Andhra Pradesh
Decided on: Mar-19-1990
Reported in: AIR1990AP225; 1990CriLJ1364
Sardar Ali Khan, J. 1. A Division Bench of this Court while dealing with the question of the right of a divorced woman to claim maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as 'the Act') has referred the matter for the Full Bench on certain questions arising about the right of such Muslim divorced women to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred as 'the Code') from her former husband even after the enforcement of the aforesaid Act. The Division Bench felt that the matter involves substantial questions of law of general importance having a far-reaching effect and therefore it should be placed before a Full Bench for an authorita-tive pronouncement on the matter. The questions to be considered by the Full Bench are as follows:(1) Whether a divorced Muslim woman can claim maintenance under Section 125 of the Code from her former husband even after passing of the Act of 1986...
C. Sivakumar and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-19-1990
Reported in: 1991CriLJ2337
ORDER1. The petitioner in Crl. Petn. No. 58/1990 is the accused in C.C. No. 15/89. The petitioners in the other petitions are accused in C.C. Nos. 15 and 16 of 1989 on the file of the II Addl. Munsif Magistrate, Visakhapatnam. They have filed these petitions to quash the proceedings u/S. 482, Cr.P.C. on the ground that though the cases have been pending for over 14 years no progress is made in the trial of the cases. 2. The learned counsel for the petitioners has relied on the decision of the Supreme Court in Sheela Barse v. Union of India, : [1986]3SCR562 . The Supreme Court has pointed out (Para 12) : 'If an accused is not tried speedily and his case remains pending before the Magistrate or the Sessions Court for an unreasonable length of time, it is clear that his fundamental right to speedy trial would be violated unless, of course, the trial is held up on account of some interim order passed by a superior Court or the accused is responsible for the delay in the trial of the case. ...
Janardhana Reddy Vs. Depot Manager, Apsrtc, Hyderabad and anr.
Court: Andhra Pradesh
Decided on: Mar-19-1990
Reported in: [1991(61)FLR243]; (1992)ILLJ81AP; (1992)ILLJ81SC
1. The workman who was the 1st respondent in the writ petition had preferred this appeal. The writ petition was filed by the Depot Manager of the A.P. State Road Transport Corporation (hereinafter called the Management) against the award of the Tribunal directing reinstatement with continuity of service, back wages and attendant benefits. The writ petition was allowed in part by the learned single Judge on the ground that the Tribunal went wrong in going into the evidence and setting aside the findings relating to misconduct even though the workman had filed a memo before the Tribunal praying that the 'matter with regard to the quantum of punishment may be decided on the basis of the documents filed by him'. The learned single Judge set aside the award and directed the Tribunal to go into the question of punishment only. It is against this judgment that the appeal is preferred by the workman contending that the memo filed by him before the Tribunal did not preclude the Tribunal from go...
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