Andhra Pradesh Court February 1994 Judgments

Commissioner of Income-tax Vs. Srichand T. Lulla and anr.

Court: Andhra Pradesh

Reported in: [1995]213ITR102(AP)

T.N.C. Rangarajan, J.1. The facts leading to this consolidated reference are as follows : 2. Two trusts were created on April 25, 1977, by Smt. Leela Gobindram Vazir for the benefit of the minor sons of Sri Srichand T. Lulla and Sri Ramchand T. Lulla, constituting them as the trustees. Similarly, two trusts were created on April 1, 1978, by Smt. Lakshanbai, one for the benefit of the two other minor children of Sri Srichand Lulla, and the other for the benefit of two other minor children of Sri Ramchand T. Lulla, constituting them as trustees. The trustees had invested the amounts toward capital in two firms, Messrs. Sri Ram Sons and Messrs. Amar Sons, the share of income from which worked out to Rs. 14,379 and Rs. 5,724, respectively, in the previous year relevant to the assessment year 1980-81. The Income-tax Officer sought to add these amounts to the total income of the father of the minors, the assessees before us, under section 64(1)(iii) read with Explanation 2A thereto of the In...

Gummidi Ramulu and ors. Vs. Gadey Srinivasa Rao and ors.

Court: Andhra Pradesh

Reported in: 1994(2)ALT42

ORDERN.D. Patnaik, J.1. The petitioners filed a suit O.S. No. 126 of 1987 in the Court of the Subordinate Judge, Bhimavaram to recover the value of paddy supplied to a firm by name M/s. Surya Balaji Trading Company in which defendants 1 to 4 are partners. Defendants 1 to 4 filed a written statement contending inter alia that there is another partner of the firm. Thereupon plaintiff filed an application I.A.No. 1639 of 1990 under Order 1 Rule 10 CPC to implead that partner as fifth defendant in the suit. The defendants contested that application on the (sic) that the claim against the proposed party is barred by time, since the paddy was supplied on 10-4-1986 and the petititon to implead fifth defendant was filed on 29-11-1990 i.e., more than three years after the cause of action arose. That contention was accepted by the learned Subordinate Judge who dismissed the petition, Against which this revision is filed.2. The learned Counsel for the petitioner has referred to Section 21(1) of t...

D. Penchalaiah Vs. Branch Manager, Syndicate Bank

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The only question that arises for consideration in this appeal is whether the complainant/appellant is entitled to the benefits of Agriculturists Debt Relief Scheme sponsored by the Central Government. 2. The District Forum found that the borrowing was on 12-11-1988 and that the debt became only overdue on 12-11-1989 and the scheme is only applicable to those debts that are overdue as on 2-10-1989. It also found that this particular village was not declared as drought affected area in 1988-89. It accordingly dismissed the application. 3. This appeal is devoid of merits. Firstly, this Forum cannot direct the bank to apply the debt relief scheme. Moreover, according to the District Forum, conditions for application of the benefits of such scheme are not satisfied in this case. We, therefore, see no substance in this appeal. The appeal is dismissed. No costs. Appeal dismissed....

B. Vasantha Kumar Vs. Chairman Kakatiya Grameena Bank Warangal Distric ...

Court: Andhra Pradesh

Reported in: 1994(2)ALT616

ORDER1. This writ petition was filed seeking to quash the order dated 12.8.1988 passed by the first respondent dismissing the petitioner from the service of the Kakatiya Grameena Bank, wherein the petitioner was working as Branch Manager. On appeal to the Board of Directors, the penalty of dismissal was confirmed and the appeal was rejected on 15.11.1988. During the pendency of the writ petition, the petitioner filed an application to implead the Board of Directors as the respondent and the same was ordered by this Court on 25.8.1992. The petition seeking amendment of the prayer to set aside the appellate order dt. 15.11.1988 was also ordered by this Court on the same date. 2. The learned counsel for the petitioner has challenged the order of dismissal on various grounds - some of which are not specifically raised in this writ petition. However, it is not necessary for me to consider these arguments and express a view on the merits of the case, having regard to the fact that I am accep...

B. Audiseshaiah Vs. P. Venkata Subbaiah and ors.

Court: Andhra Pradesh

Reported in: 1994(3)ALT152

ORDERS.V. Maruthi, J.1. After hearing Counsel on both sides, I dictated the judgment in this matter in open Court dismissing the Second Appeal, on 14-12-1993. After the judgment was pronounced by dictation to the Court Master, Shorthand writer learned Counsel Sri C.V. Kanyaka Prasad, made a request that the matter may be posted for further arguments, on the ground that there was an important decision of the Supreme Court holding that the Benami Transaction (Prohibition) Act, 1988 has retrospective effect, reported in Mithilesh Kumari v. Prem Behari Khare : [1989]177ITR97(SC) and it has a bearing on the facts of the present case and he could not bring it to the notice of the Court, as he was not present when the judgment was dictated in the Court. In view of the request made by the learned Counsel for appellant-plaintiff in the Court, on the letter filed by Sri Kanyaka Prasad on the same day i.e., 14-12-1993, I directed that the matter be posted for being mentioned after Sankranthi Vaca...

The Oriental Insurance Company Limited Rep. by Its Divisional Officer ...

Court: Andhra Pradesh

Reported in: 1994(2)ALT577

G. Radhakrishna Rao, J.1. Having been aggrieved by the order and decree dated 16th June 1989 passed in O.P. No. 319 of 1988 on the file of the Motor Accidents Claims Tribunal, Visakhapatnam awarding a total compensation of Rs. 1,50,000/- for the death of one Molloti Sooribabu, the husband of the first petitioner and the father of petitioners 2 and 3, in a motor accident occurred on 18-4-1988 underneath the Vijayaramarajupeta Railway over-bridge on the road leading to Chodavaram from Anakapalli, the Insurance Company has preferred this appeal.2. Sri Kota Subba Rao, learned Counsel appearing on behalf of the Insurance Company, has contended that the compensation awarded by the lower tribunal is on the high side and though the maximum liability of the insurance company is Rs. 1,50,000/- the lower tribunal has granted the entire amount of Rs. 1,50,000/-.3. The deceased is stated to be aged 30 years at the time of his death. His earning capacity was estimated at Rs. 500/- per month and Rs. ...

Oriental Insurance Co. Ltd. Vs. Molloti Parvathi and ors.

Court: Andhra Pradesh

Reported in: 1995ACJ827

G. Radhakrishna Rao, J.1. Having been aggrieved by the order and decree dated 16.6.1989, passed in O.P. No. 319 of 1988 on the file of the Motor Accidents Claims Tribunal, Visakhapatnam, awarding a total compensation of Rs. 1,50,000/-for the death of one Molloti Sooribabu, the husband of the first petitioner and the father of petitioner Nos. 2 and 3, in a motor accident that occurred on 18.4.1988 underneath Vijayaramarajupeta Railway over-bridge on the road leading to Chodavaram from Anakapalli, the insurance company has preferred this appeal.2. Mr. K. Subba Rao, learned counsel appearing on behalf of the insurance company, has contended that the compensation awarded by the Tribunal is on the high side and though the maximum liability of the insurance company is Rs. 1,50,000/- the Tribunal has granted the entire amount of Rs. 1,50,000/-.3. The deceased is stated to be aged 30 years at the time of his death. His earning capacity was estimated at Rs. 500/- per month, that is, Rs. 6,000/-...

Samineni Venkateswarlu and Another Vs. Nagubandi Venkata Narasiah (Die ...

Court: Andhra Pradesh

Reported in: AIR1994AP220; 1994(1)ALT626

ORDEREswara Prasad, J.1. This appeal is filed against the judgment of the learned single Judge in A.S. No. 1936 of 1988, dismissing the appeal filed by the unsuccessful plaintiffs in the suit laid for specific performance of the agreement of sale dated 11-9-75.2. Defendants 1 and 2 executed an agreement of sale dated 11-9-75 in favour of the plaintiffs agreeing to convey the plaint schedule property in an extent of Ac.1-20 guntas of land situated in S.No. 766 at Kedada by executing a registered sate deed and agreeing to deliver possession of the land. The sale consideration was fixed at Rupees 1,10,000/- and the plaintiffs paid a sum ofRs. 40,000/- towards advance and the balance was agreed to be paid within three months thereafter. It was stipulated that the defendants should satisfy the plaintiffs about their title to the property and that it is also unencumbered. While so, the third defendant issued a notice dated 30-11-1975 to the first plaintiff and to first defendant, who is the ...

Kasu Karthi Seetha Ramulu Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Reported in: 1994(1)ALT722; 1994CriLJ2300

ORDER1. There is a representation for all the respondents by the Government Pleader for Home. 2. This writ appeal is directed against the order of the learned single Judge in Writ Petition No. 1258 of 1994. The petitioner in the writ petition is the appellant in this writ appeal. The respondents in the writ petition are the respondents in this writ appeal. The petitioner has got a grouse with reference to the extension accorded to the third respondent as Additional Public Prosecutor, Ongole, Prakasam District. The learned single Judge, who dealt with the writ petition, was requested to take note of the ratio of the apex Court in Harpal Singh Chauhan v. State of U.P., : 1993CriLJ3140 . But the learned single Judge, on a view that the extension is only by way of stop-gap arrangement, opined that the ratio of the apex Court in the above pronouncement could not be said to have been violated. 3. What happened in the present case is that the extension of the third respondent in the post of A...

Mannavaram China Venkaiah Vs. Deputy Registrar of Co-operative Societi ...

Court: Andhra Pradesh

Reported in: AIR1994AP310; 1994(1)ALT641

ORDER1. These three matters were heard at length, Mr. Sridhar Reddy, appearing for the petitioners, Mr. Durga Reddy, appearing for the Government and Mr. Suresh Kumar, appearing for respondents 2 to 11, have advanced their arguments.2. The matter relates to disqualification of some members of the managing committee, who were elected during January, 1992. The disqualification is on account of non-payment of the loan amount within the stipulated time. The only point raised by Mr. Sridhar Reddy is that proper opportunity was not afforded to the petitioners to meet the allegations.3. When a complaint was filed by respondents 2 to 11 before the Divisional Cooperative Officer, respondent No. 1, alleging that the writ petitioners have defaulted in payment of loan amounts, the complaint was referred to the Co-operative Sub-Registrar for enquiry and report and the said Cooperative Sub-Registrar has reported that there was a default. Basing on that the impugned show cause notices were issued to ...