Andhra Pradesh Court August 1992 Judgments
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Pingili Sudershan Reddy (Died) Per L.R. Pingili Vijayanand Reddy Rep. ...
Court: Andhra Pradesh
Decided on: Aug-28-1992
Reported in: 1993(2)ALT179
ORDERV. Neeladri Rao, J.1. Even to- day no one is present for the respondent herein.2. The Legal Representative of the Claimant No. 13 in O.P.No. 108 of 1986 on the file of the Principal Subordinate Judge, Warangal is the revision petitioner. The said Petition was registered on reference under Sections 30 and 31 of the Land Acquisition Act. During the pendency of the said O.P., Claimant No. 13 died. Then the revision petitioner herein filed I.A.No. 8 of 1990 under Section 5 of the Limitation Act praying for condoning the delay in filing the I.A., praying for setting aside the abatement. The lower Court dismissed the said application by observing that sufficient reasons were not given for the delay in filing the application praying for setting aside the abatement. The said order is assailed in this revision petition.3. Whenever a dispute in regard to title is raised regarding the land acquired, a duty is cast upon the Land Acquisition Officer to refer the matter to the Civil Court under...
Nizamabad Corn Products (P) Ltd. by Its Director and ors. Vs. Vasudev ...
Court: Andhra Pradesh
Decided on: Aug-28-1992
Reported in: 1992(3)ALT303
ORDERImmaneni Panduranga Rao, J.1. This is an appeal preferred by the defendants aggrieved by the order of temporary injunction restraining them from giving effect to the resolutions passed at the 4th Annual General Meeting and the Board Meeting held on 30-4-1992 removing the respondent-plaintiff from the director-ship of the 1st defendant company.2. The suit is filed for a declaration that the resolutions removing the respondent-plaintiff as a director of the 1st defendant company and the other resolutions passed in the 4th Annual General Meeting and the Board of Directors meeting held on 30-4-92 are illegal and void and for a permanent injunction restraining the defendants from interfering with the rights of the plaintiff as a director of the first defendant-company and other reliefs.3. The learned counsel for the appellants argued that the Company was incorporated in November 1987; that the plaintiff was one of the Directors of the company; that by reason of his being absent for fiv...
Commissioner of Income-tax Vs. M.A. Mois
Court: Andhra Pradesh
Decided on: Aug-27-1992
Reported in: [1994]210ITR284(AP)
Syed Shah Mohammad Quadri, J.1. At the instance of the Revenue, the following question of law, is referred to this court for opinion : 'Whether on the facts and in the circumstances of the case, the Appellate Tribunal was correct in holding that the assessee is entitled to full relief under section 91 of the Income-tax Act, 1961, of the entire amount of tax paid to the Government of Iran though a deduction of 50 per cent. of gross total income allowed under section 80RRA while computing the total income?'2. The assessee is a medical practitioner working as Deputy Civil Surgeon, Gandhi Hospital, Secunderabad. During the relevant previous year, he went to Iran on employment and earned income by way of salary. The relevant assessment year is 1978-79 for which the previous year ended on March 31,1978. During the said period of the assessment year, the assessee earned salary of Rs. 1,10,208 in Iran (hereinafter referred to as the 'Iranian income'). On that Iranian income, he paid tax of Rs....
Commissioner of Income-tax Vs. Kaziamunnisa Begum and anr.
Court: Andhra Pradesh
Decided on: Aug-26-1992
Reported in: [1995]213ITR172(AP)
1. The respondent-assessees are entitled to one-sixth share each in the Matruka lands of their father. Part of the agricultural land was sold by them during the accounting year relevant to the assessment year 1981-82. In response to notice under section 143(2), they returned certain income, but claimed that no capital gains tax is leviable as the income is agricultural income. The Income-tax Officer did not accept the plea that the income is agricultural income within the meaning of the term as held by the Bombay High Court in Manubhai A. Sheth v. N. D. Nirgudkar, Second ITO : [1981]128ITR87(Bom) on the ground that the Department has not accepted the said judgment of the Bombay High Court and filed a special leave petition in the Supreme Court. On appeal, the Appellate Assistant Commissioner upheld the order of assessment passed by the Income-tax Officer. On further appeal to the Tribunal, it was held that the above question had to be considered in the light of the decision of the Bomb...
M. Sivaramaiah Vs. Superintending Engineer, National High Way and ors.
Court: Andhra Pradesh
Decided on: Aug-25-1992
Reported in: 1993(1)ALT137
ORDEREswara Prasad, J.1. The petitioner, who is a PWD, and R & B contractor, aggrieved by the refusal of the first respondent to issue tender schedule to him with regard to Chit Tender called for the works on the National Highway No. 9 on Vijayawada-Hyderabad Road, prays for a declaration that new condition No. 2 of CT No. 4/ 91-92 dated 9-7-92 of the first respondent was void. He seeks a direction to the first respondent to issue tender forms and to consider his tender along with others.2. Chit Tender notice No. 6/91-92 dated 10-3-92 was issued as per the specifications of the Surface Transport Department, Government of India and PWD Code of the State Government. According to the instructions of the Chief Engineer, the said chit tender notice was cancelled and a fresh chit tender notice No. 4/91-92 dated 9-7-92 was issued. Chit Tender Notice No. 6/91-92 dated 10-3-92 was issued for six works with last date for receipt of requisition for supply of tender schedules as 10-4-92 and the da...
Racharla Ramarao Vs. Voruganti Venkateswarlu and Bros. Nomula Jwalanar ...
Court: Andhra Pradesh
Decided on: Aug-25-1992
Reported in: 1992(3)ALT367
ORDERA. Venkatarami Reddy, J.1. The defendant in the suit O.S. No. 123 of 1987 on the file of the II Additional Subordinate Judge, Warangal is the petitioner in this C.R.P.2. An ex forte decree was passed on 24-7-89. On coming to know of the ex parte decree the petitioner herein filed I.A. No. 618/89 under Or. 9, Rule 13 CPC for setting aside the ex parte decree. The said application was dismissed by the learned II Additional Subordinate Judge, Warangal. Aggrieved by the same the defendant-petitioner herein preferred an appeal C.M.A. No. 22/90 to the Additional District Judge, Warangal. The lower appellate court found that the suit summons were not served on the defendant. It therefore set aside the ex parte decree passed against the defendant, but imposed a condition that the defendant shall deposit the costs of Rs. 2,705/- and also a sum of Rs. 15,000/- towards suit amount on or before 3-12-90. Aggrieved by the imposition of the condition of depositing Rs. 15,000/- only, the above C....
Sayed Mohammed Ali Hussaini Vs. the State of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Aug-21-1992
Reported in: AIR1993AP40
ORDER1. When the Review Petition came up, the learned counsel for the Writ Petitioner, Mr. Mirza Munawwar AH Baig, Mr. S. Satyanarayana Prasad, who filed the Writ Appeal by seeking leave of the Court and also the learned Government Pleader for Education, have represented that the Writ Petition itself can be heard and disposed of on merits. As such, we have taken up the Writ Petition itself.2. This is a glaring case of abuse of process of this Court by invoking Art. 226 of the Constitution of India. The sole complaint is against two persons, namely, Syed Ghouse Mohiuddin Quadri and Dr. Syed Tajuddin Quadri, who are the sons of Late Syed Shah Qadar Mohiuddin Quadri Saheb. The said Syed Shah Qader Mohiuddin Quadri Saheb was the founder of the institution in question, namely, A.K.M. Oriental College at Kachiguda, Hyderabad. The same was founded in the year 1966 and was endowed and it became a Wakf property governed by the provisions of Wakf Act, 1954. The said founder and endower died duri...
K. Malla Reddy and Others Vs. the Land Acquisition Officer and Others
Court: Andhra Pradesh
Decided on: Aug-21-1992
Reported in: AIR1993AP18
ORDERB. Subhashan Reddy, J. 1.This Court passed the order dt. 28-4-1992 on the premise that the amount determined by the Land Acquisition Officer concerned in this case made deposit in a Bank by way of term deposit and as such we directed that the interest which may have accrued on the said determined amount be paid to the appellants herein.2. Now it is brought to our notice that the determined amount was not deposited into any Bank, but was deposited only in a current account partly and partly in S. B. Account. It is pertinent to mention here that so far as current Account is concerned, if does not attract any interest whereas the S.B. Account attracts only five per cent interest.3. Having heard the counsel on either side, we are of the considered view that there is gross negligence on the part of the Land Acquisition Officer herein in not taking appropriate steps in depositing the amount in a Bank at least in a term deposit or complying with the mandatory provisions contained in S. 3...
Saranga Krishna Murthy Vs. Govt. of A.P., G.A.D. and anr.
Court: Andhra Pradesh
Decided on: Aug-21-1992
Reported in: 1993(1)ALT39
ORDEREswara Prasad, J.1. The petitioner is a tenant of the 2nd respondent in a shop bearing No. 15-6-220, Begum Bazar, Hyderabad, on a monthly rent of Rs. 330/-, as per the lease deed dated 1-12-80. Even prior to the lease deed, the petitioner was a tenant. The 2nd respondent evaded to receive rents and the petitioner filed RP No. 107/83 before the Principal Rent Controller, Hyderabad, for permission to deposit rents. The 2nd respondent contested the petition stating that the building in which the shop is under, the occupation of the petitioner, is exempted from the purview of the Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act, 1960, (in short the Act) as per the exemption granted by the first respondent in G.O.Ms.No. 100, General Administration Department (C)dt.l6-2-1983. Consequently, the petition was dismissed by the Rent Controller and the appeal filed by the petitioner in RA No. 216/84 before the Chief Judge, City Small Causes Court, Hyderabad, was dismissed on 8-3-...
Assistant Conservator of Forest Logging (Vigilance) in Charge Flying S ...
Court: Andhra Pradesh
Decided on: Aug-19-1992
Reported in: 1993CriLJ1291
ORDER1. The 1st respondent is the owner of a lorry bearing ATT-3875 which was intercepted and seized while carrying teakwood on 29-3-1985. Proceedings were initiated under S. 44 of A.P. Forest Act, 1967. The authorised Officer offered opportunity to the first respondent and ordered confiscation of the lorry. It is said that no claim has been made with regard to the timber which was carried in the said lorry and that the timber stood confiscated to the Government. In so far as the lorry is concerned, S. 44(2-A) of the said Act confers power upon the authorised officer not only to confiscate the timber or Forest produce but also all tools, ropes, chains, boats or vehicles used in committing such forest offences, S. 44(2-B) of the said Act contemplates issuance of notice and affording opportunity to the party affected. S. 44(2-C) of the said Act places onus of proof on the owner of the said tool, rope, chain, boat or vehicle that was used in carrying the forest produce without his knowled...
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