Andhra Pradesh Court March 1991 Judgments
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A.P.S.R.T.C. Vs. the Government of India and Others
Court: Andhra Pradesh
Decided on: Mar-06-1991
Reported in: AIR1992AP109; 1991(2)ALT48
ORDERJagannadha Rao, J.1. The question that arises in the batch of writ Appeals is whether schemes pending under S. 68E of the Motor Vehicles Act, 1939 for modification of existing schemes lapse and are not saved by S. 217 of the Motor Vehicles Act, 1988. In W.A. Nos. 50 and 98 of 1991 the draft schemes were initiated by the A.P. State Road Transport Corporation (hereinafter called the A. P. S. R. T. C.) before 1-7-1989, the date ofcommencement of the new Act, objections were called for and filed but they were heard and approved after 1-7-1989 by the Gpvern-ment under S. 100 of the new Act after 1-7-1989. In W.A. Nos. 54 and 65 of 1991, the draft schems were initiated by the A.P.S.R.T.C. before 1-7-1989, objections were called and filed and a date of hearing of the matters before the concerned Minister was given. It was at that stage that the writ petitions out of which these appeals arise, were filed, stay of all further proceedings obtained and later the writ petitions were allowed b...
M/S. Baroda Cotton Company, Bombay Vs. the A.P. State Federation of Co ...
Court: Andhra Pradesh
Decided on: Mar-06-1991
Reported in: AIR1991AP320
ORDEREswara Prasad, J.1. The writ appeal is preferred against the judgment in W.P. No. 3570/87 of the learned single Judge, dismissing the writ petition holding that a writ of mandamus cannot be issued directing the payment of amounts said to be due to the petitioner, arising purely out of a monetary transaction and that the petitioner has to seek his relief by filing a regular suit.2. The appellant is M/s. Baroda Cotton Company, Bombay, carrying on business as cotton merchant engaged in the supply of cotton of different varieties to several spinning mills in the country. It is the case of the appellant that cotton was sold to the 2nd respondent through the first respondent under final invoice No. I dated 24-8-82 for a total sum of Rs.1,12,430.53 and that the 2nd respondent accepted the goods without any objections. It was further stated that again on 13-9-82 another consignment of cotton was delivered to the 2nd respondent under invoice No.3 dated 1-8-82 for a total sum of Rs.1,20,118...
Deccan Engineers Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-06-1991
Reported in: [1992]84STC92(AP)
Yogeshwar Dayal, C.J. and Upendralal Waghray, J. 1. This revision under section 22(1) of the Andhra Pradesh General Sales Tax Act, 1957, is filed by the assessee against the judgment of the Sales Tax Appellate Tribunal dated August 5, 1988, in Tribunal Appeal No. 714 of 1987. The relevant assessment year is 1980-81 and the assessing authority, i.e., the Commercial Tax Officer, had granted exemption from State sales tax in respect of sales by the assessee of C.I. specials, bends, ties, tail pieces, manhole covers, etc. The Deputy Commissioner, however, in exercise of his powers under section 20 of the Act, after giving notice to the assessee held that the exemption granted on the turnover in respect of these items was not correct and levied tax on it. The assessee carried the matter in appeal to the Tribunal, which has dismissed this and another appeal of the same assessee for another assessment year by a common judgment. The Tribunal has relied upon its several previous decisions on th...
Sriramamurthy Vs. Commissioner of Endowments, Hyderabad and Others
Court: Andhra Pradesh
Decided on: Mar-06-1991
Reported in: AIR1992AP260; 1991(2)ALT321
ORDER1. Petitioner challenges the orders Re. No. B3/6811/90 E.Os. Estt. dated 28-6-1990 of the Deputy Commissioner of Endowments, Guntur, whereby a clerk in the services of the Devasthanam was appointed by promotion as executive Officer.. The main ground urged by the petitioner is that the power to appoint Executive Officers of Charitable and Hindu Religious Institutions and Endowments can be exercised only by the State Government under S. 29 of the Andhra Pradesh Charitable & Hindu Religious Institutions & Endowments Act, 1987. He submits that the State Government is not competent to delegate its power to the Commissioner or any of its subordinates. Reliance is placed on the decision of my learned brother Neeladri Rao, J. in Writ Petition No. 12488/89 dated 6-7-1990.2. 'Executive Officer' is defined in S. 2(13) of the A.P. Charitable & Hindu Religious Institutions & Endowments Act, 1987, hereinafter referred to as the 'Act' as 'an officer appointed as such under any of the provisions ...
Official Liquidator Vs. T.J. Swamy and ors.
Court: Andhra Pradesh
Decided on: Mar-05-1991
Reported in: 1991(2)ALT113; [1992]73CompCas583(AP)
Parvatha Rao, J.1. This is an application of the official liquidator under sub-section (1) of section 543 of the Companies Act, 1956 (hereinafter referred to as 'the Act'), made by summons in Form No. 121 under rule 260 of the Companies (Court) Rules, 1959. The respondents were, during the material and relevant times, directors and officers of Sri Jaya Investments Private Limited, the company in liquidation. The winding-up order in respect of the company under liquidation was made on August 28, 1981, in Company Petition No. 5 of 1981 which was presented on July 20, 1981. The present application was filed on October 5, 1987. 2. Notice was ordered in the application. Respondents Nos. 4 and 6 died. Respondents Nos. 1, 2, 5 and 7 to 10 appeared through their counsel. The third respondent was set ex parte on July 29, 1988. Counters were filed for respondents Nos. 1,2, 5 and 7 to 10. 3. In the counter dated February 15, 1988, filed by the second respondent, the contention raised is that the ...
Maqubal Bee and ors. Vs. Andhra Pradesh State Road Transport Corporati ...
Court: Andhra Pradesh
Decided on: Mar-05-1991
Reported in: 1992ACJ614; [1993]76CompCas489(AP)
Jagannadha Raju, J.1. This civil miscellaneous appeal has come up for admission. A few facts are pertinent for deciding whether this appeal can be entertained. The motor accident which gave rise to the claim for this M.V.O.P. which was rejected by the Tribunal occurred on March 29, 1982. The petition was filed before the Motor Accidents Claims Tribunal, Chittoor, on August 18, 1989, indicating as if it is a petition filed under section 110A(3) of the old Motor Vehicles Act, 1939. A persual of the order passed by the District Judge-cum-Chairman of the Motor Accidents Claims Tribunal indicates that neither the advocates who appeared in the matter nor the judge were aware of the statutory changes that were effected by the passing of the Motor Vehicles Act, 1988 (Act 59 of 1988), which came into force on July 1, 1989. Dealing with the petition as a petition under the old Act, the Chairman, Motor Accidents Claims Tribunal, came to the conclusion that the delay of 6 years, 10 months and 20 d...
Commissioner of Income-tax Vs. T.N. Viswanatha Reddy
Court: Andhra Pradesh
Decided on: Mar-05-1991
Reported in: (1991)98CTR(AP)49; [1991]190ITR266(AP)
P. Venkatarama Reddi, J.1. This is a reference at the instance of the Revenue. The following question of law has been referred by the Income-tax Appellate Tribunal for the decision of this court : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the Income-tax Officer was not within his jurisdiction in invoking his powers under section 154 of the Income-tax Act, 1961 ?' While passing the assessment order dated April 14, 1975, for the assessment year 1973-74, the Income-tax Officer allowed interest to the assessee purportedly under section 214 of the Income-tax Act on the amount of Rs. 1,76,000 treating the same as advance tax paid during the said year. Out of the amount of Rs. 1,76,000, Rs. 1,43,000 was paid by the assessee on March 21, 1974, i.e., beyond the due dates prescribed under section 211 of the Income-tax Act. Later on, the assessing authority felt that there was an obvious mistake in law in the asses...
Smt. Maqubal Bee and ors. Vs. Andhra Pradesh State Road Transport Corp ...
Court: Andhra Pradesh
Decided on: Mar-05-1991
Reported in: 1991(2)ALT464
Jagannadha Raju, J.1. This civil miscellaneous appeal has come up for admission. A few facts are pertinent for deciding whether this appeal can be entertained. The motor accident which gave rise to the claim for this M.V.O.P. which was rejected by the Tribunal occurred on March 29, 1982. The petition was filed before the Motor Accidents Claims Tribunal, Chittoor, on August 18, 1989, indicating as if it is a petition filed under Section 110A(3) of the old Motor Vehicles Act, 1939. A perusal of the orderpassed by the District Judge-cum-Chairman of the Motor Accidents Claims Tribunal indicates that neither the advocates who appeared in the matter nor the judge were aware of the statutory changes that were effected by the passing of the Motor Vehicles Act, 1988 (Act 59 of 1988), which came into force on July 1, 1989. Dealing with the petition as a petition under the old Act, the Chairman, Motor Accidents Claims Tribunal, came to the conclusion that the delay of 6 years, 10 months and 20 da...
K. Ram Mohan Rao and anr. Vs. Municipal Corporation of Hyderabad, Rep. ...
Court: Andhra Pradesh
Decided on: Mar-05-1991
Reported in: 1991(2)ALT308
ORDERRadhakrishna Rao, J.1. The husband of the Managing Partner of Lakshmi Motors, a partnership firm carrying on business as dealers in motor cycles, filed the writ petition questioning the order of the Chief Medical Officer of Health, Municipal Corporation of Hyderabad, directing the petitioners to discontinue the trade in the premises in which they are now doing business by 25-2-1991 on the ground they are running the trade without licence and also the business is causing nuisance, health hazard and causing danger to public safety. 2. The facts of the case are: the 2nd petitioner-firm was constituted for carrying on business as dealers in Hero Honda Cycles after obtaining necessary rights from the manufacturers of Hero Honda 'Motor Cycles. The firm obtained the premises at 4-3-1091/13 to 15 at Somajiguda, Hyderabad, on a monthly lease of Rs. 6000/-for the purpore of show room-cum-sales office and established a show room-cum-sales office in April, 1989 at a huge expense of about Rupe...
Golla Ramulu and anr. Vs. Hari Joshi (Died) Per His L.Rs.
Court: Andhra Pradesh
Decided on: Mar-05-1991
Reported in: 1991(2)ALT93
ORDERP.L.N. Saram, J.1. C.M.P. No. 2268 of 1991 was one filed Under Section 5 of Limitation Act to condone the delay of 242 days in filing the application to set aside the abatement caused by the death of the sole respondent. 2. C.M.P. 2267 of 1991 was filed under Order 22, Rule 4 CPC to set aside the abatement caused by the death of the sole respondent and C.M.P. No. 12529 of 1990 was filed to bring on record the legal representatives of the sole respondent in the revision. 3. In the affidavit filed in support of the applications, it is stated that the advocate appearing for the sole respondent in the revision petition informed their Advocate by his letter dt. 22-3-1990 that the sole respondent in the revision petition died on 16-1-1990. Immediately thereafter, they caused enquiries and came to know that the said statement is correct and also on enquiries they came to know that the sole respondent died issue-less and his brother's sons, viz., the persons sought to be impleaded are the...
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