Andhra Pradesh Court October 1995 Judgments
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Council of the Institute of Chartered Accountants of India Vs. V.i. Oo ...
Court: Andhra Pradesh
Decided on: Oct-26-1995
Reported in: AIR1996AP254
ORDERS. Parvatha Rao, J.1. This is a case forwarded under sub-section (5) of Section 21 of the Chartered Accountants Act, 1949 ('the Act* for short) by the Council of the Institute of Chartered Accountants of India ('the Council' for short) for passing necessary orders in accordance with sub-section (6) of S.21 of the Act. The respondent is a member of the Institute of Chartered Accountants of India ('the Institute' for short). On a complaint dated 26-10-1979 by the Audit Bureau of Circulation Ltd. ('the Bureau' for short) against the respondent, the Council formed a priam facie opinion that the respondent has been guilty of misconduct and referred the case against the respondent to the Disciplinary Committee for inquiry. After inquiry the Disciplinary Committee gave its report dated 26-4-1981. On a consideration of the report after notice to the complainant, i.e. the Bureau, and to the respondent, and, after giving opportunity to them, which was not availed of by the respondent, the C...
Singareni Collieries Co. Ltd. Vs. Anwar Basha and ors.
Court: Andhra Pradesh
Decided on: Oct-26-1995
Reported in: 1996(2)ALT920
M.N. Rao, J. 1. In this writ appeal, the appellant - M/s. Singareni Collieries Ltd. - is questioning the view taken by a learned single Judge of this Court in W.P. No. 15354 of 1989 by which the appellant was directed to 'give all attendant benefits including that of payment of backwages from the date of termination of the respondents herein till their reinstatement.' Pursuant to the orders of this Court in W.P. No. 6798 of 1983, dated December 12, 1983 by which the order of the termination was quashed, the respondents-workmen were reinstated in service on March 21, 1984 but no backwages were paid. Some other workmen similarly circumstanced as the respondents herein filed W.P. No. 16373 of 1984, which was allowed by a learned single Judge on February 6, 1986 specifically granting backwages besides reinstatement. Later on, the respondents approached the Appellant-Company claiming backwages and as the same was not conceded, they filed W.P. No. 15353 of 1989, which as already stated was a...
Vijaya Aluminium Industries Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-26-1995
Reported in: [1996]103STC508(AP)
V. Rajagopala Reddy, J.1. These two tax revision cases arise out of the common order dated May 25, 1987 of the Sales Tax Appellate Tribunal, in T.A. Nos. 33 of 1981 and 34 of 1981. The Tribunal dismissed the appeals and confirmed the orders dated July 22, 1988 of the Assistant Commissioner (C.T.), Appeals, Hyderabad II Division, Hyderabad, in Appeals Nos. 87/1980-81 and 88/1980-81, which in turn confirmed the assessments made by the Deputy Commercial Tax Officer I, Warangal, in his separate orders dated April 16, 1980. The petitioners in both the cases are two different firms, but their business were carried on in the same name. The assessments relate to the assessment year 1978-79. 2. In the words of Hilbery, J., in Dawson Ltd. v. Dutfield, reported in [1936] 2 All ER at page 232, 'This is a troublesome case; troublesome not because of difficulty in ascertaining the principles of law which are applicable, hut because of the business relations between the parties'. The line of business...
Government of Andhra Pradesh Represented by Its Secretary, Home (Court ...
Court: Andhra Pradesh
Decided on: Oct-25-1995
Reported in: 1995(3)ALT774
ORDERM.N. Rao, J. 1. This writ appeal is against the order of our learned brother Justice K. M. Agarwal in Writ Petition No. 9430 of 1987 granting the prayer of writ petitioners - respondents 1 and 2 herein for a Mandamus declaring that the deduction made to the compensatory allowance in lieu of residential attenders during the leave period was illegal and arbitrary and for a further direction to extend the consequential benefits to the members of the Associations of the first and second respondents herein. 2. The facts in brief are as follows : As far back as 1948 in the erstwhile State of Madras by G. O. Ms. No. 326, Finance Department, dated 5-4-1948, the Government declared certain Officers in the Secretariat to be entitled to have the privilege of a residential attender. Subsequently, the scheme was found to be unworkable and so taking into account the interests of the administration the Government of Andhra Pradesh issued G. O. Ms. No. 1059, General Administration (AC) Department...
Sivashankar Granites Pvt. Ltd. Vs. Assistant Commissioner of Central E ...
Court: Andhra Pradesh
Decided on: Oct-24-1995
Reported in: 1998(98)ELT32(AP)
ORDERS. Parvatha Rao, J.1. In this writ petition the petitioner questions notice in D.O.R. No. 11/93-C.E., dated 29-9-1995 issued by the Assistant Commissioner of Central Excise, Warangal Division asking it to pay the Central Excise duty amounting to Rs. 13,12,799.43 ps. within 15 days failing which the terms of the bonds would be enforced to realise the said amount. The grievance of the petitioner is that no show cause notice and opportunity were given to the petitioner before making the said demand. 2. The learned Standing Counsel for the Central Government, Mr. P. Innayya Reddy, took notice when this writ petition came up for admission on 19-10-1995 and took time for filing counter. Subsequently he filed the counter-affidavit of the Assistant Commissioner of Central Excise, Warangal Division, i.e. the first respondent herein, dated 18-10-1995. 3. Both Counsel agree that the writ petition itself can be disposed of at the admission stage and accordingly they are heard. 4. The question...
J. Gopalan Vs. General Manager (Works), Hindustan Cables Ltd. and ors.
Court: Andhra Pradesh
Decided on: Oct-24-1995
Reported in: (1996)IIILLJ977AP
P.S. Mishra, C.J. 1. The appellant in the two writ appeals, who is also the petitioner in Writ Petition No. 11481 of 1994; has moved this Court under Article 226 of the Constitution of India for reliefs, inter alia, for setting aside the orders of imposition of punishment and for quashing the order of transfer, as party-in-person. Writ appeal No. 349 of 1995 has arisen from a proceeding under which the disciplinary authority has found him guilty of misconduct and punished him by withholding three increments of pay without cumulative effect. His appeal has been dismissed and a learned single Judge has declined to interfere with the said order. Writ Appeal No. 964 of 1995 has arisen from a proceeding under which he has been transferred from Hyderabad to Roopnarayanpur unit and his petition under Article 226 of the Constitution of India questioning the said order of transfer, has been dismissed. Writ Petition No. 11481 of 1994 is filed invoking this Court's prerogative jurisdiction questi...
Ritesh Oil Industries Vs. Commercial Tax Officer and ors.
Court: Andhra Pradesh
Decided on: Oct-24-1995
Reported in: 1995(3)ALT607; [1996]101STC215(AP)
S. Parvatha Rao, J. 1. The petitioner seeks a writ of certiorari or any other appropriate writ, etc., to declare the action of the respondents in seeking to recover the tax which is not levied as illegal, arbitrary and high handed, and consequently to quash the form I distraint notice dated October 7, 1995 and form II distraint order attaching goods worth of Rs. 1,68,000 issued by the 1st and 2nd respondents respectively and also to quash the attachment order dated October 5, 1995, issued by the 1st respondent to the petitioner's bank and the instructions said to have been issued by the 3rd respondent to M/s. Kedia Vanaspathi Limited to stop payment of Rs. 3,22,251 to the petitioner pursuant to its bill dated September 19, 1995. 2. When this writ petition came up for admission on October 10, 1995, the learned Government Pleader for Commercial Taxes placed before us the relevant file for showing that the impugned attachments were made in exercise of the powers under section 17-B of the ...
Abdul Khayoom Vs. the Mandal Revenue Officer, Amrabad Mandal and anr.
Court: Andhra Pradesh
Decided on: Oct-24-1995
Reported in: 1996(1)ALT209
ORDERY. Bhaskar Rao, J.1. The petitioner seeks a writ of Certiorari to quash the order dated 1-6-1987 passed by the first respondent resvuming Ac. 4-00 of land in Survey No. 283/13/ 2 of Mannanoor Village to the Government under the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. 2. The case of the petitioner is that his father purchased Ac. 4-00 of land in S. No. 283/13/2 of Mannanoor Village in the year 1958 under an unregistered sale deed for valuable consideration under the bona fide impression that the said land is not an assigned land. On the application of the father of the petitioner, the Tahsildar of Achampet had validated the sale under the provisions of Section 50(B) of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 after conducting enquiry and issued validation certificate in his proceedings dated 12-3-1965. During his life time, the father of the petitioner was in possession of the land and after his death the petitioner is c...
Voleti Srirama Reddy (Died) Per L.Rs. Vs. Voleti Appalaraju and ors.
Court: Andhra Pradesh
Decided on: Oct-24-1995
Reported in: 1996(1)ALT810
ORDERV. Rajagopala Reddy, J.1. This Court by order dt. 13-8-1992 in C.R.P.No. 289/91 directed the Subordinate Judge, Pithapuram, to consider the admissibility of Ex. B-2 filed in O.S. No. 9/89 on his file and to collect the deficit stamp duty with penalty, if it is insufficiently stamped and also to consider whether the document requires registration and if the document is being relied upon only for collateral purpose, the same may be marked even though it was not registered. In pursuance of the said order, the learned Subordinate Judge considered the document and found that Ex. B-2 was not a conditional sale agreement but was usufructury mortgage and it requires registration. It was also found that it was not relied upon for collateral purpose and that the document was unstamped. The petitioner was directed to pay the stamp duty of Rs. 1,495/- and penalty of Rs. 14,950/-, aggregating to Rs. 16,445/- on or before 8.2.93. This order is in question in the Civil Revision Petition. 2. The ...
D. Srinivasulu Reddy Vs. Tirumala Tirupati Devasthanam and Others
Court: Andhra Pradesh
Decided on: Oct-20-1995
Reported in: 1999(1)ALD411
ORDER1. Heard Mr. A. Panduranga Rao, learned Counsel for the petitioner, Mr. M. Adinarayana Raju, learned Standing Counsel for the first respondent and the learned Assistant Government Pleader for Endowments for the second respondent. None appears for the third respondent-Corporation.2. In this writ petition, the petitioner is questioning the resolution Nos.888 and 260, dated 7/8-12-1994 and 10-5-1995 respectively passed by the first respondent, as illegal, null and void and to quash the same.3. The petitioner while working under the third respondent-Corporation as security Sub-Inspector was posted on deputation withthe first respondent on 30-4-] 992 for a period of three years and by proceedings No.C1/ 126/S and VO/TPT/92, dated 16-5-1992 the first respondent appointed the petitioner as Vigilance Inspector. It is submitted that even before completion of the period of deputation, the first respondent absorbed the petitioner in the first respondent establishment to the post of Vigilance...
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