Andhra Pradesh Court March 1994 Judgments

Jubilee Hills Co-op. House Building Society Ltd. Rep. by Its Secretary ...

Court: Andhra Pradesh

Reported in: 1994(1)ALT515

ORDERB. Subhashan Reddy, J.1. In this Writ Petition, the proceedings of the 3rd respondent i.e. The Commissioner of Co-operation and the Registrar of Co-operative Societies dated 20-4-1993 appointing the 4th respondent as the enquiry officer in exercise of the powers under Section 51 of the A.P. Co-operative Societies Act, 1964 (hereinafter referred to as 'the Act') have been questioned.2. Mr. A. Ramnarayana, the learned Counsel for the petitioner raises threefold contention, namely, (1) that the ingredients of Section 51 of the Act are not satisfied as the impugned order is neither the result of a suo motu exercise of power nor is it on the requisition of the requisite members of either the committee or of the General Body; (2) that already such an enquiry was ordered under Section 51 of the Act and the question of calling for another report by initiating a fresh enquiry under Section 51 of the Act is uncalled for and without jurisdiction; and (3) inasmuch as the arbitration proceedin...

A. Kalavathamma Vs. Sambu Thirupathaiah

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. On 02.03.1994 Mr. Tirupathaiah requested that he will produce partnership deed and other papers to show that he has nothing to do with the partnership firm and that, therefore, he is not liable to pay any amount. He was specifically informed that the case is posted to today and if he failed to produce the papers, the case will be disposed off on merits. Today, Mr. Tirupathaiah was not present and no documents are filed on his behalf. The case is accordingly disposed off on the material available on record. 2. The complainant in CD. No. 254 of 1991 is the appellant. It is not in dispute that the complainant paid 23 instalments at the rate of Rs. 130.00 each amounting to Rs. 2,990.00 and she is also a prize winner in the 23rd draw and according to the rules, she is entitled for a plot of 20 X 60 or 30 X 40 size. 3. The District Forum accepted the contention and directed that a plot shall be allotted to her without demanding any further instalment or in...

Kamadi Bhavani Vs. Kamadi Lakshmanaswamy Lakshmana Rao and ors.

Court: Andhra Pradesh

Reported in: 1994(1)ALT472; 1994(1)ALT(Cri)580; 1994CriLJ1827; II(1994)DMC644

ORDER1. This Criminal Revision raises an important question arising under S. 125 of Criminal Procedure Code (for short 'Cr.P.C.') as to : a) whether the act of an husband in undergoing vasectomy operation and suppressing the same, marrying a woman resulting in her barrenness amounts to cruelty entitling the said wife to stay apart and claim maintenance under S. 125, Cr.P.C. and b) whether the wife suffering a decree for restitution of conjugal rights is disabled to claim maintenance under S. 125, Cr.P.C. 2. The facts briefly stated, thus, are : The revision petitioner (hereinafter referred to as 'the wife') and the 1st respondent (hereinafter referred to as 'the husband') got married during the year 1982. Though it was the first marriage for the wife, for the husband it was the second marriage. Through his first wife, he begot a daughter and two sons and then underwent vasectomy operation. After some time, when his first wife died, he married the petitioner. It is a confirmed finding ...

C. Ramalinga Reddy Vs. Non-conventional Energy Development Corporation ...

Court: Andhra Pradesh

Reported in: 1994(2)ALT422

ORDERP.L. Narasimha Sarma, J.1. This Writ Petition has been filed seeking a declaration that the continuance of the disciplinary proceedings against the petitioner after retirement is bad. 2. The relevant facts are as follows :- The Petitioner was working as Manager (Finance and Accounts) as on 30th November 1991 in the respondent-organisation. According to the service conditions applicable to the petitioner, he had to retire on attaining the age of superannuation on 30th November, 1991. On the said date, the following order was passed by the respondent :- 'Sri C. Ramalinga Reddy, Manager (Finance & Accounts) NEDCAP Ltd. is due to retire from services on superannuation with effect from 30th November, 1991 A. N. Therefore, it is ordered that Sri C. Ramalinga Reddy is hereby retired from the service on attaining the age of superannuation with effect from 30th November, 1991 A. N. Subject to outcome of the enquiry instituted against him. The Corporation reserves power to take such action...

M. Raghuram Vs. Labour Court, Hyderabad and ors.

Court: Andhra Pradesh

Reported in: 1994(1)ALT728

ORDERD. Reddeppa Reddi, J. 1. The petitioner is a post-graduate in Communication and Journalism (MCJ). He has filed this writ petition, questioning the award dated 20.11.1990 in I. D. No. 59 of 1980 on the file of the Labour Court, Hyderabad. The facts leading to the filing of this writ petition are as follows :- The petitioner was appointed by the 2nd respondent viz., Deccan Chronicle, an English Daily published from Secunderabad, as an apprentice by proceedings dated 22.11.1978 for a period of six months with effect from 1.12.1978. On completion of apprenticeship, he was appointed as a staff reporter by proceedings dated 17.7.1979 for a period of one year with effect from 1.7.1979. Clause (2) of the said proceedings provided that the management shall have absolute rights to terminate his services without any notice or notice pay in lieu of notice. In exercise of that right, the services of the petitioner were terminated by proceedings dated 23.10.1979. It is stated in the said procee...

Bellamkonda Koteswaramma Vs. D. Koti Reddy and ors.

Court: Andhra Pradesh

Reported in: 1994(2)ALT591

G. Radhakrishna Rao, J.1. The claimant has preferred this appeal claiming enhancement of the compensation of Rs. 21,000/- granted by the Motor Accidents claims Tribunal, Guntur in O.P.No. 430/87. She claims a total compensation of Rs. 50,000/- for the injuries sustained by her in a bus accident.2. Considering the nature of injuries sustained by her and loss of income the lower tribunal awarded a total compensation of Rs. 21,000/- restricting the liability of respondents 2 and 3 (sic. 1 and 2) Rs. 15,000/- and the 3rd respondent's liability to Rs. 6,000/-.3. Ex.A-1 wound certificate shows that the petitioner sustained lacerated injury over left fore-head near eye and another lacerated injury over left thigh outer aspect and there were fractures for both the pelvic bones. The lower tribunal has already taken into consideration the nature of injuries and also loss of income during the period of treatment and granted compensation of Rs. 21,000/- which, in my opinion, is a reasonable one an...

Habeebunnisa Begum @ Shaik Shaheen (Minor) Rep. by Her Next Friend, Gu ...

Court: Andhra Pradesh

Reported in: 1994(2)ALT615

G. Radhakrishna Rao, J.1. The appellant herein received injury as a result of the accident on 10-10-1986 which ultimately resulted in amputation of the left leg above the knee level. An amount of Rs. 1,00,000/- was claimed as compensation before the Tribunal. The Tribunal granted an amount of Rs. 50,000/-. The fact that she suffered amputation on account of the accident is not in dispute and as this is the claimant's appeal the same has to be confirmed.2. The appellant is an young girl and any amount of compensation cannot be of any value. Her marriage prospects have also been marred and it is stated that she belongs to a poor family. The appellant must have spent for medical charges and other things. Therefore, apart from the compensation of Rs. 50,000/- granted by the Tribunal and which may be kept with the girl, an amount of Rs. 10,000/- more would be reasonable compensation that can be granted. This enhancement is made on the humanitarian grounds and also considering the fact that ...

State Bank of India Vs. S.B. Shah Ali (Died) and Others

Court: Andhra Pradesh

Reported in: AIR1995AP134; 1994(3)ALT332

ORDERY. Bhaskar Rao, J. 1. This Letters Patent Appeal has been preferred by the appellant-Bank against the judgment of a learned single Judge of this Court in CCCA No, 98 of 1980 dated 26-8-1987.2. The facts of the case, briefly stated, are as follows: The appellant-Bank filed a suit, O.S. No. 530 of 1973 on the file of the IV Additional Judge, City Civil Court, Hyderabad for recovery of Rs. 46,987-62 ps. and for interest at 11% per annum to the foot of a mortgage by deposit of title deeds, created by the defendants in favour of the appellant-Bank. The 1st defendant disputed the natureof the loan advanced to him and mainly raised the contention that the appelant-Bank has highhandedly seized his lorry bearing registration No. ADT 1520 which was hypothe-cated to the appellant-Bank and thus caused damage and loss to him and for that purpose he made a counter-claim for damages in the suit. The 1st defendant filed a suit earlier to the suit filed by the appellant-Bank in O.S. No. 2449 of 19...

A. Ramakrishnaiah, Vs. Commissioner of Income-tax

Court: Andhra Pradesh

Reported in: 1994(2)ALT37; (1994)122CTR(AP)286; [1994]209ITR156(AP)

ORDERT.N.C. Rangarajan, J.1. The basic facts relating to this reference application are that the assessee is a firm of four partners engaged in the business of 'dealer in pulses and grains'. For the previous year ended October 10, 1978, corresponding to the assessment year 1979-80, the firm had paid a salary of Rs. 18,500 to two partners in their individual capacity. Those two partners represent their respective Hindu undivided families in the firm. The Income-tax Officer was of the view that the salary so paid must be treated as salary paid to the partners and added back under section 40(b) of the Income-tax Act. On appeal, both the Commissioner of Income-tax and the Income-tax Appellate Tribunal affirmed that view. At the instance of the assessee, the following question has been referred : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in disallowing the remuneration paid to A. Ramakrishnaiah and B. Narayana for their services under sec...

Reckitt and Colman of India Ltd. Vs. Assistant Collector of Central Ex ...

Court: Andhra Pradesh

Reported in: 1994(72)ELT263(AP)

T.N.C. Rangarajan, J. 1. This petition is directed against the re-classification of the excisable goods manufactured by the petitioner. 2. The petitioner is a Company engaged in the manufacture of a product called 'Ultramarine Blue'. The petitioner has a factory at Dhadka in Asansol in the State of West Bengal. It produces Ultramarine Blue in two grades - technical grade and laundry grade. While the technical grade Ultramarine Blue is sold in bulk at that factory to industrial consumers for use in manufacture of textiles, tyres, printing ink, paints and in manufacture of plastic articles, the laundry grade Ultramarine Blue is sold in small packs for household purposes. The petitioner has another factory in Behala at Calcutta, where the laundry grade Ultramarine Blue manufactured in Dhadka factory was taken and packed into small packs using the facility granted under Rule 56B for removing the goods without payment of excise duty from Dhadka factory to Behala factory. Similarly, in March...