Andhra Pradesh Court December 1994 Judgments

V. Appukutta Menon and anr. Vs. Union of India and ors.

Court: Andhra Pradesh

Reported in: 1995(2)ALT(Cri)30; 1995CriLJ1874

ORDER1. The first petitioner, retired Professor and a resident of Parur Town, Ernakulam District in Kerala State, filed this writ petition seeking for a direction to the second respondent-Director, Central Bureau of Investigation, New Delhi, to take up the investigation of Crime No. 19/93. The petitioner's youngest son by name Mr. Krishna Kumar had a brilliant academic carrier, took his M.Sc., degree with high rank from U.C. College, Alva, Mahatma Gandhi University. He joined as a research scholar in the University of Hyderabad, a Central University. On July 5, 1993 he achieved a break through in his research work and to celebrate his success, he distributed sweets among his friends and having discovered a new chemical compound, he telephoned to his guide Mehta, at 9.30 p.m. and informed him about the unexpected result achieved by him. He also telephoned to his father - the first petitioner. He has also transmitted this happy information to his uncle and his wife and other family membe...

Progressive Packaging Pvt. Ltd. Rep. by Its Managing Director and ors. ...

Court: Andhra Pradesh

Reported in: 1995(1)ALT173

B.S. Raikote, J.1. This is the defendants' revision petition challenging the order dated 26-9-1992 passed in I.A.No. 154 of 1992 in O.S.No. 648/1990 on the file of V Addl. Judge, City Civil Court, Hyderabad.2. The learned Counsel for the petitioners streneously contended that the impugned order passed by the Court below is illegal and without jurisdiction. He further contended that when summary procedure is invoked under Order 37 CPC the plaintiff could not have been allowed to produce documents under Order 13, Rule 2 C.P.C read with Section 151 C.P.C He further contended that Order 13, Rule 2 CPC does not apply to the facts of this case nor Section 151 C.P.C. could be invoked in the case, Therefore, the learned counsel for the petitioners streneously contended that the impugned order is one without jurisdiction. He further submitted that when the respondent/plaintiff invoked the procedure under Order 37 CPC the proceedings have got to be completed only in accordance wi th this order a...

Ravada Simhadrinaidu, President, Mandal Praja Parishad, Devarapalli Ma ...

Court: Andhra Pradesh

Reported in: 1995(1)ALT62

P. Ramakrishnam Raju, J.1. This is a public interest litigation. The petitioner is the President Mandal Praja Parishad of Devarapalli Mandal in Visakhapatnam District. He is 5 questioning G.O.Rt. No. 807 dated 22-3-1990 issued by the Government permitting the third respondent to run morning and matinee shows in Sri Lalitha Touring Talkies, Devarapalli which is situated 60 yards away from the Junior College.2. The third respondent made an application to construct a Touring Talkies in Survey No. 151/2 of Devarapalli village to the Licensing Authority, Joint Collector, Visakhapatnam. The second respondent granted permission to construct Touring Talkies on 27-9-1984 subject to the condition that the third respondent should not exhibit morning and matinee shows as the Junior College is situated within 60 yards from the proposed construction. The third respondent has accordingly, constructed the Talkies and obtained 'D' form licence permitting exhibition of night shows only. In the licence g...

Perala Govinda Rajulu and ors. Vs. Chief Commissioner of Income-tax an ...

Court: Andhra Pradesh

Reported in: [1995]214ITR8(AP)

M.N. Rao, J.1. Under challenge in this writ petition is an order passed by the Commissioner of Income-tax, Visakhapatnam, in Reference No. Headquarters No. IA/8 of 1990-91, dated February 15, 1991, under section 220(2A) of the Income-tax Act, 1961, by which the claims of the petitioners for waiver of interest charged under section 220, sub-section (2), in respect of the assessment year 1985-86 were rejected. Petitioners Nos. 2 to 5 are the sons of one Perala Govinda Rajulu and all of them are partners of a firm which carried on business in bullion and money-lending. The premises of the firm, Messrs. Perala Govinda Rajulu and Sons as well as the residential premises of the partners, were searched by the income-tax officials in October, 1884, as a result of which several assets of the partnership firm were seized. Within fifteen days from the date of search, the firm voluntarily disclosed a substantial income under the provisions of section 273A in consequence of which assessments were m...

Depot Manager, A.P.S.R.T.C., Nirmal Vs. Abdul Sattar

Court: Andhra Pradesh

Reported in: 1996ACJ1156; 1995(1)ALT413; (1995)IILLJ318AP

ORDERS. Parvatha Rao, J. 1. This is an appeal preferred by the employer i.e., the Depot Manager, A. P. S. R. T. C., Nirmal under Section 30 of the Workmen's Compensation Act, 1923 ('the Act', for short) against the order No. D/2308/86 dated 24-11-1987 of the Commissioner for Workmen's Compensation, Warangal allowing the workman's application for compensation numbered as W. C. Case No. 34 of 86 and awarding a sum of Rs. 30,240/- as compensation payable by the employer together with interest at 6% from 3-3-1986. 2. The respondent in this appeal is the applicant workman, Abdul Sattar, It is not in dispute that he was employed by the appellant herein in the year 1961 as cleaner and that he was promoted as a mechanic in the year 1972. In this application dated 28-2-1986 for compensation under the Act in Form-F under Rule 20 of the Workmen's Compensation Rules, 1924, he stated that on 1-12-1981 he received personal inure by accident arising out of and in the course his employment. Under 'the...

Ch. Papanna Vs. the Personal Manager, State Bank of India and ors.

Court: Andhra Pradesh

Reported in: 1995(1)ALT102

ORDERS.R. Nayak, J.1. In this writ petition the petitioner has sought for declaration that the action of the respondents-Bank in disqualifying him for recruitment to the Post of messenger on the ground of possessing higher education qualification i.e., passing out S.S.C. as discriminatory and violative of Articles 14 and 16 of the Constitution of India and further he has sought a direction to the respondents to appoint him as a Messenger in the services of the respondents-Bank.2. It is the case of the petitioner that he passed S.S.C. Examination in the year 1974. He was originally appointed as a temporary Messenger at the Kurnool Branch of the State Bank of India in April, 1977 and he worked there between April, 1977 and July, 1981 for a total period of 331 days. In the year 1986 when the respondents-Bank proceeded to absorb the services of temporary class-IV employees who worked for more than 270 days within a span of 3 years, the petitioner laid his claim for absorption. He was permi...

New India Assurance Co. Ltd. Vs. K. Viswanandham

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: (1) The complainant, who is the respondent in this appeal, insured the limekiln with the opposite party for a sum of Rs. 70,000/- covering the godowns for a sum of Rs. 35,000/- and machinery for Rs. 25,000/-. According to him, damage was caused to the limekiln, which collapsed on 19.9.1991 when the lime was burning, due to heavy rains on 21 and 22.9.1991. He incurred the loss of Rs. 50,000/- due to collapse of limekiln and Rs. 30,000/- for damage caused to the godowns. (2) The claim was mainly opposed on the ground that the limekiln collapsed due to heat and was covered as per exclusion in Clause (c), that therefore, the Insurance Company is not liable to pay and it has rightly repudiated its liability. (3) Before the District Forum, the complainant examined himself as PW1. No documents were marked. On behalf of the opposite party Exs. B2 to B5 were marked. (4) On a consideration of the material on record, the District Forum came to the conclusion that ...

Public Prosecutor, High Court of Andhra Pradesh Vs. Patnana Chandrasek ...

Court: Andhra Pradesh

Reported in: 1995CriLJ1410

ORDER1. This appeal is filed by the State against the imposition of fine to Rs. 1,000/- by the court below for offences punishable under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1996 (Central Act 29 of 66) (hereinafter referred to as 'the Act'). The accusation was that the Fish plates which was a Railway property were being carried in a Van bearing No. ATV 6795 and the accused, i.e. respondents 1 and 2 herein were apprehended and they admitted their guilt. Taking it as a lenient circumstance, as it was the first offence, each of the accused were fined Rs. 1,000/-; default to undergo S.I. for three months. 2. Mr. K. Raja Reddy, learned Addl. Public Prosecutor vehemently contends that under Section 3(a) of the Act, the sentence of imprisonment is a must and the court below has committed gross, error in sentencing the accused only to pay a fine. The contention of Mr. Raja Reddy is that while for the first offence, the mandatory sentence of imprisonment is one year a...

State of Andhra Pradesh Vs. Toshiba Anand Batteries Ltd. and anr.

Court: Andhra Pradesh

Reported in: [1995]96STC664(AP)

Avinash Somakant Bhate, J.1. The questions of law sought to be agitated in all these revisions being identical, we propose to dispose them of by a common judgment. 2. It may not be necessary to detail the facts but a brief background needs to be stated to understand the nature of revisions. 3. The assessee-companies in all these revisions are manufacturing dry cell batteries. They were assessed on their turnover for the years 1978-79 and 1976-77 or 1977-78 as the case may be. The assessing authority treated the dry batteries as electrical goods under entry No. 38 of Schedule I of the A.P. General Sales Tax Act, 1957 ('the APGST Act', for short). They were therefore taxed at 8 per cent on the turnover as per the said Schedule and made assessment accordingly. The revising authority thought that the articles fell under entry No. 137 and deserved to be taxed at 12 per cent. The revising authority therefore issued a notice dated September 25, 1981, to the assessee asking them as to why revi...

P. Habeeb Saheb Vs. A.P. State Road Transport Corporation and ors.

Court: Andhra Pradesh

Reported in: 1995(1)ALT553; (1995)IILLJ290AP

A. Lakshmana Rao, J. 1. The petitioner in W.P. No. 12043 of 1983 has filed this writ appeal. He was appointed as Conductor in the Andhra Pradesh Stale Road Transport Corporation on December 4, 1968 and his services were regularised on October 1, 1972. On December 22, 1973 he was transferred from Hyderabad Division to Kurnool Division. On May 18, 1979 while he was working as Conductor in Yemmiganur Depot, he was asked to conduct the Bus bearing Registration No. APZ 8985 plying on the route Yemmiganur to Hyderabad, which was checked and consequently disciplinary proceedings have been initiated against him for the following charges: '(1) For having failed to collect the fare and issue tickets to a batch of 10 adult passengers and 11 chargeable children passengers found travelling without tickets from Madhavaram to Yerragera, ex. stages 11 to 9. (2). For having closed the ticket tray numbers of all denominations in the SR upto stage Number 10 without completing the above ticket issues. (...