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Andhra Pradesh Court February 1992 Judgments

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Feb 14 1992

B.R. Andewar Vs. Lingari Narsimha

Court: Andhra Pradesh

Decided on: Feb-14-1992

Reported in: 1992(1)ALT575

ORDERV. Neeladri Rao, J.1. This is a tenant's revision petition. The respondent herein filed the eviction petition in regard to the premises bearing Municipal No. 11-4-554 situated at Chilkalguda, Secunderabad on the grounds of wilful default in payment of rent from April to September 1985, and additional accommodation. The learned Rent Controller held against the respondent landlord on both the grounds while the Appellate Court held in favour of the landlord on both the grounds.2. The landlord pleaded that there are number of portions in the house belonging to him and he is residing with his wife and five children in the portion bearing municipal No. 11-4-553 and the revision petitioner (for short 'the tenant) is residing in the adjoining portion bearing municipal No. 11-4-554.3. Portion bearing Municipal No. 11-4-550 belonging to this landlord was let out on a monthly rent of Rs. 40/- to this tenant. He shifted into the portion bearing municipal No. 11-4-551 on 1-9-1977 in the same h...


Feb 14 1992

Jillellamudi Dhanalakshmi Vs. the Union Bank of India

Court: Andhra Pradesh

Decided on: Feb-14-1992

Reported in: 1992(1)ALT696

Syed Shah Mohammed Quadri, J.1. These second appeals arise out of the same facts and raise the same question of law. When they came up for hearing before a learned single judge it was represented by the learned counsel for the respondent, the Union Bank of India, (hereinafter referred to as 'the Bank'), that a second appeal arising out of the same facts, which was filed by the Bank was dismissed by a learned Single Judge of this Court at the stage of admission without hearing the case fully and without allowing him to cite any decisions; on that representation this batch of second appeals was directed to be posted before a Division Bench. That is how these cases have come up before us.2. In these second appeals, except in Second Appeal No. 791 of 1987, the defendants are the appellants. The plaintiff-respondent Bank filed suits for recovery of loan, which were decreed by the trial Court. On appeal by the defendants the learned District Judge, West Godavari District, at Eluru, confirmed...


Feb 14 1992

Jublee Hills International Centre, Rep. by Sri D. Seshagiri Rao, Secre ...

Court: Andhra Pradesh

Decided on: Feb-14-1992

Reported in: 1992(2)ALT725

A. Gopal Rao, J.1. These writ petitions can be disposed of by a common judgment as the question involved in all these matters is one and the same, viz., whether the petitioner-club in each of these cases is a 'dealer' under the Andhra Pradesh General Sales Tax Act, and whether it is liable to pay sales tax.2. The averments in the three writ petitions are substantially the same and, it will suffice if the averments in Writ Petition No. 12920 of 1988 are stated, to understand the controversy in these matters. The petitioner claims that the petitioner-club is a 'society', registered under the Andhra Pradesh Societies Registration Act and its objects are to promote social, cultural, sports, recreational, charitable and educational activities etc., and to do acts incidental thereto. It is a non-profit organisation and it is not at all the object of the petitioner to carry on business. The source of finance of the petitioner is subscriptions paid by members and also by donations. The caterin...


Feb 13 1992

Tahsildar (La) Vs. Bommu Anjireddy

Court: Andhra Pradesh

Decided on: Feb-13-1992

Reported in: 1992(1)ALT412

ORDERRadhakrishna Rao, J.1. The Tahsildar (Land Acquisition), Mangalagiri, has filed this appeal against the order passed by the Principal Subordinate Judge, Guntur, dated 9-7-1985 in L.A.O.P.No. 19 of 1984 awarding a sum of Rs. 50,000/- per acre as compensation as against the amount of Rs. 19.350/- per acre granted by the Land Acquisition Officer. The claimant claimed Rs. 2,00,000/- per acre.2. An extent of Ac.6-97 cents of agricultural wet land situate in S.Nos. 158/A, 158/B, 158/C2 and 160/A at Atmakur village in Mangalagiri Taluq belonging to the claimant-Cross Objector was acquired for the purpose of providing house sites to the weaker sections of the society, by means of a Notification under Section 4(1) of the Land Acquisition Act, 1894 ('the Act for brevity), which was published in the Gazette dated 15-5-1983. The possession of the land was taken on 25-11-1983. The Land Acquisition Officer after taking into account 5 sale transactions out of which the higher value was worked ou...


Feb 12 1992

M/S. G.H. Ali Mohammed and Co. Vs. the District Assistant Social Welfa ...

Court: Andhra Pradesh

Decided on: Feb-12-1992

Reported in: AIR1993AP16

ORDERRadhakrishna Rao, J.An extent of Acs. 3-5927-0 Sq. Feet was acquired by means of a Notification under Section 4(1) published in the Gazette on 4-1-77. The land was acquired for the purpose of providing house sites to the scheduled caste people. The Land Acquisition Officer awarded compensation at the rate of Rs. 5/- per sq. yard. On reference at the instance of the claimants the matter was considered and the learned Subordinate Judge, Vizianagaram granted at the rate of Rs. 10/- per sq. yard. It is against that the State has filed appeal AS.No. 209/81. The appeal was allowed in part by deducting l/3rd of the rate that has been awarded. This judgment was delivered on 20-9-90. The claimant also filed an appeal and now it has come up for consideration before this Court. The claimant's case is that the lower Court has not correctly appreciated the evidence of P.W. 1 with reference to Ex. A 1 that has been filed in support of the contention that when once the document is admitted it ha...


Feb 12 1992

G.H. Ali Mohammed and Co. Rep. by Its Partner Abdul Samad Vs. the Dist ...

Court: Andhra Pradesh

Decided on: Feb-12-1992

Reported in: 1992(2)ALT604

Radhakrishna Rao, J.1. An extent of Acs. 3-59270 sq. feet was acquired by means of a Notification under Section 4(1) published in the Gazette on 4-1-1977. The land was acquired for the purpose of providing house sites to the scheduled caste people. The Land Acquisition Officer awarded compensation at the rate of Rs. 5/- per sq. yard. On reference at the instance of the claimants the matter was considered and the learned Subordinate Judge, Vizianagaram granted at the rate of Rs. 10/- per sq.yard. It is against that the State has filed appeal A.S.No. 209 of 1981. The appeal was allowed in part by deducting 1/3 rd of the rate that has been awarded. This judgment was delivered on 20-9-1990. The claimant also filed an appeal and now it has come up for consideration before this court. The claimant's case is that the lower court has not correctly appreciated the evidence of P.W.1 with reference to Ex.A-1 that has been filed in support of the contention that when once the document is admitted ...


Feb 11 1992

Commissioner of Income-tax Vs. Vazir Sultan Tobacco Co. Ltd.

Court: Andhra Pradesh

Decided on: Feb-11-1992

Reported in: [1995]212ITR624(AP)

Syed Shah Mohammed Quadri, J.1. At the request of the Commissioner of Income-tax, A. P. I., Hyderabad, the Income-tax Appellate Tribunal, Hyderabad, referred the following questions under section 256(1) of the Income-tax Act, 1961 : '1. Whether, on the facts and in the circumstances of the case, amounts standing under 'capital redemption reserve' are includible in computing the capital base 2. Whether, on the facts and in the circumstances of the case, gross dividends are deductible in arriving at the chargeable profits but not the net dividends ?' 2. In so far as the first question is concerned, it is represented by learned counsel for the parties that it is covered by the judgment of this court in the case of the assessee for an earlier year in CIT v. Vazir Sultan Tobacco Co. Ltd. : [1988]173ITR567(AP) . The question is, therefore, answered in favour of the assessee and against the Revenue. 3. Regarding the second question it would be useful to refer to the facts giving rise to this ...


Feb 11 1992

Anil Kumar Agarwal Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Feb-11-1992

Reported in: 1992(2)ALT236

ORDEREswara Prasad, J.1. The petitioner is the accused No. 3 in CC. No. 35/91 on the file of the Judl. 1st class Magistrate, Bichkunda. He is charged with alleged offences under Section 34(a) of A.P. Excise Act, 1968 read with Rule 9 of A.P. Foreign Liquor and Indian Liquor Rules, 1970 and Import Permit Conditions 5, 6 and 7, along with four others. The petitioner prays for quashing the proceedings in so far as he is concerned on the ground that the allegations against him contained in the charge-sheet, do not reveal or constitute any offence.2. The petitioner is the owner of the lorry bearing No. ABT 1679 and he is a resident of Hyderabad. His lorry was seized on 6-8-90 by the SI of Police, Excise, Range, Bichkunda, for transporting liquor under a permit issued in favour of accused No. 1, who is licensed to transport with the help of A-5. For alleged violation of Rule 9 of the A.P. Foreign Liquor and Indian Liquor Rules, 1970 ('the Rules' for short) and Import Permit Conditions 5 to 7...


Feb 10 1992

Uppu Pandaiah Vs. the Mandal Revenue Officer, Sydapuram and Another

Court: Andhra Pradesh

Decided on: Feb-10-1992

Reported in: AIR1993AP132

ORDERMohd. Sardar Ali Khan, J.1.This writ appeal is directed against the judgment of the learned single Judge in W. P. No. 1988 of 1986 dated 4-3-1986.2. The essential facts which may be mentioned briefly for the purpose of this writ appeal are as follows : The writ petition was filed by the petitioner in respect of the land ad-measuring ac. 3-40 cents in S.No. 601 /1 of Changanam Village, Sydapuram Revenue Mandal, Nellore, district against the proceedings in Rc.No. B. 1401/85 dated 14-2-1986 issued by the Mandal Revenue Officer, Sydapuram (first respondent) cancelling the patta granted to the petitioner earlier as an assignee of the said land. The petitioner claims to be a member of the Backward Caste and is a landless poor person who had been eking out his livelihood as an agricultural labourer. The Tahsildar, Rapur assigned an extent ac. 3-40 cents of dry land inS. No. 601 /1 of Chaganam village about 25 years back and since then the petitioner had been cultivating the said land by ...


Feb 10 1992

A. Sudharsana Reddy Vs. Regional Transport Officer and anr.

Court: Andhra Pradesh

Decided on: Feb-10-1992

Reported in: 1992(3)ALT531

ORDERM.N. Rao, J.1. As both the writ petitions are interconnected we are inclined to dispose of the same by this common Judgment.2. Both the writ petitions are filed by one A. Sudharshana Reddy who holds a pucca district contract carriage permit being Registration No. ADC 1969 in respect of which the tax payable is Rs. 250/- per seat per quarter. The permit enables the petitioner to ply his vehicle as contract carriage anywhere in the District of Chittoor. When the vehicle was plying on the route Madanapalli Tirupathi, it was checked on 16-2-1990 by the Regional Transport Officer, Tirupathi and the following irregularities were noticed:(1) Registration Certificate not produced;(2) Fitness certificate not produced;(3) Valid insurance certificate not produced;(4) The driver did not produce valid driving licence; and(5) Proof of payment of tax not produced.3. No contract was produced. The passengers were found travelling by paying Rs. 13/- each and they did not belong to one group. All th...


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