Andhra Pradesh Court December 1994 Judgments

Uni Ads (P) Ltd. Vs. Apsrtc and anr.

Court: Andhra Pradesh

Reported in: 1995(1)ALT154

P. Venkatarama Reddi, J.1. The core question that arises for consideration in this writ appeal directed against the order dismissing the writ petition of the appellant is whether the appellant is entitled for renewal of the con tract for the display of advertisements on the buses of the Andhra Pradesh State Road Transport Corporation (hereinafter referred to as 'the Corporation')- The petitioner was awarded this contract in the year 1989 (w.e.f. 1-1-89) and the period of contract expired by 31-12-1994.The appellant Agreed to pay the corporation a sum or Rs. 360 lakhs in annual instalments. The appellant made a representation to the Managing Director of the Corporation on 31-8-94 seeking extension of the contract for a further period from 1-1-95. He offered to pay an extra sum of Rs.108 lakhs. Without conceding to this request, the Corporation by notification issued in September, 1994, called for tenders for the appointment of advertising agents for each Zone for display of advertisemen...

Janatha Modern Rice Mills Vs. G. Sathyanarayana

Court: Andhra Pradesh

Reported in: I(1995)ACC367; 1996ACJ627; 1995(1)ALT197

1. This is an appeal preferred by the employer under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') against the order of the Commissioner for Workmen's Compensation, Rangareddy district Zone ('the Commissioner for short) in W. C. Case No. 155 of 1988 dated December 18, 1990. The brief facts are as follows :- 2. The respondent who, according to the appellant herein, was working as a helper in the rice mill of the appellant and was involved in an accident on June 3, 1987. He underwent treatment and as a result of the said accident his left hand had to be imputed up to below elbow. The Doctor's certificate shows that the stump length bellow the elbow is 10' form olecranon. This is not disputed. On this basis the injury suffered by the respondent falls under Item 4 of Part II of Schedule I to the Act which gives the list of injuries 'deemed to result in permanent partial disablement'. The percentage of loss of earning capacity in the case of such ...

Atava Akkulamma (Died) Vs. Gajjela Papi Reddy

Court: Andhra Pradesh

Reported in: AIR1995AP166; 1995(1)ALT68

1. The order of the learned Sub-Judge, Madanappalle (Sri R. Bayapu Reddy) in I.A. No. 417/1974 in O.S. No. 35 of 1969 dated 16-7-1981 is the subject-matter of this appeal. The author of it is the unsuccess-ful transferee of the decree from the decree-holder Smt. Atava Akkulamma in the suit. The respondents are the judgment-debtors under the decree. The convenience warrants the reference to the parties as the transferee (appellant), decree-holder (plaintiff in the suit O.S. 35/69) and the defendants (Respondents). A preliminary decree dated 15-11-73. was passed in O.S. No. 35/69 in favour of Smt. Atava Akkulamma for partition and for possession of l/4th share in the plaint schedule properties except the one covered by the sale deed in favour of defendant No. 2 Kannemadugu Venkataswamy with a direction to defendant No. 1 to account to the plaintiff in regard to the income from the suit schedule properties from the year 1957 till the plaintiff was put in possession of her 1/4th share, for...

The Managing Director, Andhra Pradesh Industrial Infrastructure Corpor ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

K. Ranga Rao, Member: 1. Since the issues involved are common in all the appeals, though the consumer disputes were disposed of separately, all these appeals are disposed of by a common order. 2. These appeals F.A. Nos. 404 of 1994 to 408 of 1994 are preferred by the opposite party in C.D. Nos. 464 of 1992; 111 of 1990; 458 of 1990 and 484 of 1990 of District Forum, Krishna. The respondents herein filed complaints stating that the houses bearing Nos. MIG 51, 55, 3, 50, 54 constructed by the opposite party were allotted to them respectively on 13.11.1984 at a tentative cost of Rs. 68,300/- under a hire purchase agreement, that the said houses were constructed with cheap material and that because of many defects in the structures, the said houses are likely to collapse. The complainants, therefore, requested for a direction to the opposite party to provide alternative buildings, to pay compensaton of Rs. 50,000/ - each towards damage of the houses and Rs. 45,000/- each towards their men...

The Registrar Nagarjuna University and Another Vs. Nimmaia Prabhakar R ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. This appeal is preferred by the Registrar, Nagarjuna University and Controller of Examinations, Nagarjuna University against the order in C.D. 28/94 whereby the District Forum, Guntur directed the opposite parties to pay compensation of Rs. 15,000/- and Rs. 1000/- towards expenses incurred by the complainant. 2. The respondent herein a B.Com. student of Kasu Raghavamma Brahmanadareddy Degree College, Narasaraopet, appeared for the Second Year B.Com. examination. In the memorandum of marks (Ex. A3) sent to the complainant for the Second Year B. Com. Degree examination, it was mentioned that the complainant secured 36 marks in Business Organisation and Management (BOM) paper. The complainant appeared for the Third Year Final examination of B.Com. and passed all the third year subjects. But in the memorandum of marks sent for the final year B.Com. examination which was marked as Ex. A5, it was shown that the complainant passed in Part I in third class a...

Mirza Mahboob Ali Baig Aslam Vs. Union of India (Uoi)

Court: Andhra Pradesh

Reported in: 1995(1)ALT239

ORDERS. Parvatha Rao, J.1. This is plaintiffs appeal against the judgment and decree of the learned Secnad Additional Juge City CiviL Court Hyderabad in Q.S. No. dated 29-1-1982 dismissing his suit for recovery of damages of Rs.2,22,000/-from the defendant (Union of India, represented by the Genera! Manager, South Central Railway, Secunderabad) due to loss of his left leg from below the knee at an accident which occurred at Aurangabad on 15-3-1977 in which he was run over by a goods wagon during the shunting operations.2. At the time of the accident the plaintiff was aged about 5 years and, being a minor, in the suit (earlier O.P. No. 47 of 1978) he was represented by his father who at the time of the accident, has been working as Senior Signallor in the defendant's railway establishment at Aurangabad and had been living with his wife and children, including the plaintiff, in the railway quarters allotted to him. The said railway quarters was located near the station, and to go to the ...

Commissioner of Income-tax Vs. M. Satyanarayana Sastry

Court: Andhra Pradesh

Reported in: [1995]216ITR582(AP)

Syed Shah Mohammed Quadri J.1. The following question of law was referred to us by the Income-tax Appellate Tribunal for our opinion : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is correct in law in allowing the assessee's claim under section 10(13A) ?' 2. The question arises in respect of the assessment years 1979-80 and 1980-81. The assessee is the managing director of Krishi Engineering Company. He was granted house rent allowance by the company in respect of the said assessment years. He received Rs. 2,700 and Rs. 2,500, respectively. The Income-tax Officer disallowed the claim of allowance and included the said amount in the income on the ground that the assessee was residing in his own house. However, the Appellate Assistant Commissioner and the Income-tax Appellate Tribunal upheld the claim of the assessee having regard to the judgments of the Punjab and Haryana High Court in CIT v. (Justice) S. C. Mittal and in CIT v. M. S. Gujral . At t...

Management of Dock Labour Board, Visakhapatnam Vs. Industrial Tribunal ...

Court: Andhra Pradesh

Reported in: 1995(1)ALT227; (1996)ILLJ5AP

P. Ramakrishnam Raju, J.1. The 2nd respondent, an ex-winch Driver. Visakhapatnam Dock Labour Board, raised an Industrial Dispute before the industrial Tribunal, Hyderabad questioning the termination of his services. According to the claim statement filed by him, his request for voluntary retirement was accepted, and he was relieved from service. He was also advised to collect the retirement benefits. But surprisingly, an order was passed removing him from service from Dock Labour Board, Visakhapatnam. As there was no response to several representations made by him, he filed Writ Petition No. 498 of 1989, wherein the High Court held that the Labour Board is an Industry, and accordingly, a reference was made to the Industrial Tribunal in I. D. No. 80 of 1988. While so, the petitioner filed Miscellaneous Petition No. 149 of 1989 to decide 'whether the Industrial Tribunal has got jurisdiction to try this matter' as preliminary issue. The Industrial Tribunal has decided that the Dock Labour...

A.V. Prasad and anr. Vs. G.K. Ramaiah

Court: Andhra Pradesh

Reported in: 1995(1)ALT90

ORDERS.V. Maruthi, J.1. The questions that arise for consideration in this Second Appeal are -(i) whether Section 110 of the Transfer of Property Act (hereinafter referred to as 'the Act') applies to a tenancy holding over and (ii) whether the civil Court has jurisdiction to try the suit.2. The facts, in brief, are as follows:- The plaint schedule property consists of two mulgies and vacant space of 90 square yards. The suit was filed for eviction of the tenant on the ground that there was an oral tenancy between the plaintiffs and the defendant. Originally the lease was by way of written instrument executed under Ex.A-11 dated 1-11-1973 in respect of 90 square yards and the last date of the lease period was specified as 31-10-1974. Similarly another lease deed was executed under Ex.A-12 dated 1-11-1973 for the two mulgies and the last date of the lease period was specified as 30-9-1974. The appellants issued a notice terminating the tenancy with effect from 30-9-1979 and filed the sui...

Mc. Dowel and Company Ltd. Vs. State of Andhra Pradesh Rep. by the Sta ...

Court: Andhra Pradesh

Reported in: 1995(2)ALT189

ORDERSyed Shah Mohammed Quadri, J.1. These three tax revision cases and the writ petitions relate to the same assessee and arose out of the same facts and as such, they a re heard together and are being disposed of by a common order.2. Before we refer to the questions that arise for consideration in these cases, it would be apt to note the facts of the case which give rise to these cases.3. The petitioner in the tax revision cases is the petitioner in the writ petitions also. He is an assessee under the Andhra Pradesh General Sales Tax Act, 1957 (for short the State Act) as well as the Central Sales Tax Act, 1956 (for short the Central Act). All these cases relate to the assessment years 1978-79,1979-8()and 1980-81. The question raised in these cases, deals with the eligibility of the sales tax under the Central Act. For the said years, the original orders of assessment were passed on 9-12-1982 and 20-12-1982. The total amount of the tax that was assessed to be paid under the said orde...