Andhra Pradesh Court January 1995 Judgments

Pappala Venkataramana Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1995(1)ALT(Cri)386; 1995CriLJ2580; I(1995)DMC589; 1995(1)LS271

ORDER1. These two appeals arise out of same judgment. While appeal No. 1007 of 1991 is directed against the conviction and sentence recorded against original accused No. 1, the appeal No, 1248 of 1991 is preferred by the State against acquittal of original accused No. 2. They are being disposed of by this common judgment. 2. Accused No. 1 Pappala Venkataramana is the son of accused No. 2 Pappaia Satyavatamma w/o Pappala Venkataraju. Accused No. 1 was married to Vasantha d/o Jaddu Ramunaidu. Accused No. 1 was serving as an attender in the District Sessions Court of Visakhapatnam. The marriage of Vasantha with accused No. 1 took place on 6-4-1988 at Peddapurli village near Palakonda. The marriage was held according to custom. Vasantha died on 14-10-88 or on the night preceeding it. Her dead body was found floating in a public well in Dondaparthy, which is part of Visakhapatnam and in the nearby locality of which accused No. 1 resides with his parents. These are all not disputed facts. 3....

Dodda Venkata Narsaiah and ors. Vs. the Chairman and Managing Director ...

Court: Andhra Pradesh

Reported in: 1995(1)ALT230

ORDERS.R. Nayak, J.1. The facts of the case in these four writ petitions are substantially the same. Even the questions of law raised in these writ petitions are also identical. Hence all these four writ petitions were clubbed and heard together. The learned Counsel appearing for the parties advanced common arguments.2. The facts of the case are in a short compass. All the petitioners in these four writ petitions were given employment in the respondent Collieries as Badli Fillers on compassionate ground, they being dependants of the family members who were employees in the services of the respondent Collieries and either retired from service on medical grounds or who died while in service. The appointment order dated 31-5-1995 appointing the first petitioner in W.P. No. 19047 of 1994 as Badli Filler is extracted here below:'The Singareni Collieries Company Limited. No. SRP(P)/P(PM)/31D/94/1334 Date: 31-5-94.OFFICE ...

Madamanchi Rattaiah Vs. New India Assurance Co. Ltd.

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complainant in C.D. No. 802/ 91, District Forum, Guntur preferred this appeal claiming interest at 18% from the date of the accident i.e., 15.8.1984 till the date of payment and not as awarded by the District Forum at the rate of 15% and payment of interest from the date of the complaint i.e., 19.9.1991 till the date of payment on a sum of Rs. 44,314/-. 2. It is not in dispute that due to fire accident, the complainant claimed amounts from two insurance companies i.e., The New India" Assurance Company Ltd., who is the respondent herein and also Oriental Insurance Company Ltd. A joint Surveyor appointed by both the Insurance Companies apportion the liability between the two insurance companies and the liability of the New India Assurance Company was fixed at Rs. 65,000/-. That amount was paid by the New India Assurance Company on 2.9.1989 as evidenced by Ex. B1 in full and final settlement of the claim of the complainant. But subsequently, it was ...

G. Ramanadha Reddy Vs. the Arogyamatha English Medium High School and ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. Aggrieved by the dismissal of the complaint by the District Forum, Chittoor the complainant preferred this appeal. 2. The gist of the case of the complainant is that the Opposite parties minority educational institution is entitled to collect only a tuition fee of Rs. 30/- p.m. and special fee of Rs. 9/- p.a. and building fee of Rs. 60/- per year. The Opposite Party No. 1 collected a sum of Rs. 400/- towards development activities charges for one year. It is the case of the complainant that they cannot collect a sum of Rs. 400/- and they are also harassing his daughter who was studying in 7th class in the Opposite Party No.1s institution. 3. The District Educational Officer who was made a party did not file his counter and remained ex-parte. 4. The first Opposite Party filed a counter stating that the society which is maintaining the school collected some amount for developmental activities like constructing building, providing library, laboratory et...

M/S. Vijaya Mahal Vs. Government of Andhra Pradesh and Another

Court: Andhra Pradesh

Reported in: AIR1995AP177

ORDERM. N. Rao, J.1. In this writ petition Ordinance No. IX of 1991 which was replaced by Act No. XX11I of 1991 by which sub-section (6) of Section 5 of the Andhra Pradesh Entertainments Act 1939 was amended with retrospective effect from I1-1-1991 adding one more ground for the purpose of varying the amount of tax payable by the proprietor of a cinema theatre is challenged. The petitioner is the proprietrix of an air conditioned theatre called Vijaya Mahal within the municipal limits of Chittoor, a special grade municipality. Under Section 4 of the Andhra Pradesh Entertainments Act 1939 (hereinafter referred to for short 'the Act') the State Government has power to levy tax on the gross collection capacity on every show in respect of entertainments held in the theatres. The table appended to Section 4 specifies the local authority, the nature of theatre and the rate of tax. Section 5 provided for an easy mode of levy by giving option to the owner of a theatre to make payment in accord...

Official Liquidator Vs. T.J. Swamy and ors.

Court: Andhra Pradesh

Reported in: [1996]86CompCas696(AP)

G. Bikshapathy, J. 1. The application filed by the official liquidator under section 543(1) of the Companies Act, 1956, seeks a declaration that the respondents have misapplied, retained the monies and are liable or accountable for the monies and properties of the company, are guilty of misfeasance and in relation to the property of the company and for a consequential direction to the respondents to contribute jointly and severally a sum of Rs. 4.61 lakhs with interest at 6 per cent. per annum and for costs, etc. 2. The averments as mentioned in the application are that the company was incorporated in the year 1972 with an authorised capital of Rs. 1 lakh and thereafter it was increased to Rs. 5 lakhs divided into 5,000 equity shares of Rs. 1,000 each. By order dated January 28, 1987, this court in C. P. No. 5 of 1981, ordered winding up of the company and, consequently, the official liquidator was appointed. It is submitted by the petitioner that the respondents have misapplied, retai...

Commissioner of Income-tax Vs. Dexan Pharmaceuticals Pvt. Ltd. and Ins ...

Court: Andhra Pradesh

Reported in: (1995)126CTR(AP)57; [1995]214ITR576(AP)

1. The common question of law propounded to us in these three references is in general terms and is as follows : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the transaction described as hundi loan is not a hundi transaction ?' 2. In R. C. No. 60 of 1987, an additional, albeit a consequential, question referred is : 'Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the provisions of section 69D cannot be applied in respect of the transactions where the identity is established or the loan is genuine ?' 3. We may make it clear at this stage itself that if we are to answer in the affirmative the common question referred to us then the second question formulated in R. C. No 60 of 1987 will really not survive and need not be answered. 4. In all three references the assessee happens to be a company, The facts in R. C. No. 52 of 1987 are stated for the sake of convenience. The fact...

Deccan Leathers Limited Vs. State of Andhra Pradesh and anr.

Court: Andhra Pradesh

Reported in: [1995]97STC598(AP)

Syed Shah Mohammad Quadri, J. 1. The short question that arises in this tax revision case is : What is the rate of tax payable on the turnover of tanned hides and skins under the Central Sales Tax Act 2. The relevant provision which deals with the rates of tax under the Central Sales Tax Act, 1956, is section 8. It inter alia provides that a dealer who in the course of inter-State trade or commerce sells to a registered dealer other than the Government, goods of the description referred to in sub-section (3) shall be liable to pay tax under the Central Act at the rate of 4 per cent of his turnover. Sub-section (5) of that section empowers the State Government to reduce or exempt tax on such turnover if it is satisfied that it is necessary so to do in the public interest. That has to be notified by the State Government in the official gazette. In exercise of the powers conferred by sub-section (5) of section 8 of the Central Sales Tax Act, the State Government issued G.O.Ms. No. 890 Rev...

Telangana Bone Mill and Fertilizer Co., Rep. by Partner Vs. the State ...

Court: Andhra Pradesh

Reported in: 1995(1)ALT679

ORDER1. This is the assessee's revision Under Section 22 of the Andhra Pradesh General Sales Tax Act (for Short 'the State Act'). The assessee challenges the validity of the order of the Tribunal, dated 2-9-93 dismissing the assessee's appeal against the order of the revising authority.2. The assessee is carrying on business of exporting bone-meal, bone-sinews etc. He purchases in the local market raw bones, crushes the bones and the produce of bone-meal and bone-sinews are exported. It is the assesse's Case that, on purchase of the bones, in view of Section 5(3) of the Central Sales Tax Act (for short 'the Central Act'), no sales tax can be levied. The assessing authority upheld the contention and exempted the turn-over relating to purchase of raw bones Under Section 5(3) of the Central Act r /w. Section 38 of the State Act. That order of assessment was revised by the Deputy Commissioner of Commercial Taxes, Nizamabad Under Section 20 of the State Acton May 29, 1990. The revising auth...

Rama Traders Vs. Bheema Venkatesh

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. VenkataramiReddy, President: 1. The first opposite party in number of C.Ds. which were disposed of by a common order preferred these appeals, questioning the order of the District Forum, Mahaboobnagar. 2. Briefly stated all the complainants in the C.Ds. who are respondents in these appeals joined as members of a scheme, for sale of house plots, floated by the appellant. According to the terms of the scheme that each of the complainants paid Rs. 100/- in the first instance and agreed to pay the balance of 40 monthly instalments depending on the winning of the first, second and third prizes. The total amount payable is Rs. 4000/-. The extent of each plot is 20 ft. x 60 ft., or 30 ft. x 40 ft. It is the case of the complainants that in all most all the cases, except in 3 or 4 cases, where 29 or 30 installments were paid and where the lesser amounts were paid in cases of winners of prizes the complainants paid all the installments. The scheme was completed on 20.1.91. But the opposite p...