Andhra Pradesh Court October 1995 Judgments
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P. Seshama Naidu Vs. P. Sanjeeva Naidu
Court: Andhra Pradesh
Decided on: Oct-13-1995
Reported in: 1996(2)ALT1053
ORDERS. Dasaradha Rama Reddy, J.1. The short point that arises in this revision petition is whether relief of injunction sought for by one of the partners against another restraining the latter from interfering with carrying on the business of the partnership firm by the former is a dispute that can be referred to arbitration as per the clause in the Partnership Deed agreeing to refer all disputes and questions arising between parties to arbitration. The petitioner and respondent are partners along with three others of Vijayalakshmi Picture Palace, a firm carrying on the business of exhibiting films. Clause 18 of the deed says that 'all disputes and questions arising in between the parties hereto shall be referred to arbitration by arbitrators, one to be appointed by each party for settlement'. One of the partners, respondent herein, filed suit in the Court of Principal District Munsif, Srikalahasti, against another partner, who is the petitioner herein, for permanent injunction restra...
G. Prakasha Rao Vs. the District Educational Officer and ors.
Court: Andhra Pradesh
Decided on: Oct-13-1995
Reported in: 1995(3)ALT425
ORDERMohammed Habeeb Shams Ansari, J.1. The petitioner was working as a Superintendent of the Church of South India Boarding Home and was appointed as Correspondent to the C.S.I. Elementary and High School, Nandikotkur from 1-6-1985 by Order dated 29-6-1985 issued by the Bishop in Rayalseema Diocese while continuing him as Superintendent. The Executive Committee at its meeting held on 18-4-1995 took a policy decision not to continue the petitioner as Correspondent of the said School. The Executive Committee passed a resolution dated 21-4-1995 removing the petitioner from the post of Correspondent and the resultant vacancy be filled up by appointing Rev. M.B. Gnaneswar Rao. The District Educational Officer, Kurnool under Rule 7 of the Grant-in-aid Code and as per the proposals received from the respondents approved the transfer of Correspondent-ship of petitioner to the said Rev. M.B. Gnaneswar Rao. It is this order of approval of 1st respondent dated 6-6-1995 that is assailed in the ab...
Vice-chairman and Managing Director, Apsrtc and ors. Vs. Smt. G. Anjam ...
Court: Andhra Pradesh
Decided on: Oct-13-1995
Reported in: 1995(3)ALT927
P.S. Mishra, C.J.1. Heard. Two grounds are made to question the direction issued by the learned single Judge to give compassionate appointment to the writ petitioner in lieu of her husband's services who has died in harness. First objection is based on some sort of a ban on fresh appointments and it is stated that a circular has been issued stating that ban shall extend to compassionate appointments as well and the second objection is based on the ground that in lieu of compassionate appointment, monetary benefits are extended to the writ petitioner as the wife of the deceased employee.2. We do not find, however, any force in the first contention for the simple reason that the compassion is shown not to provide a fresh appointment but appointment in lieu of the deceased-employee and thus it does not affect the balance of employment. True, the husband may be doing a job which the wife in the instant case may not be qualified to do. But, appointing a qualified person from amongst those w...
Rajendra Prasad and ors. Vs. Raja Ratan Gopal Sainchar and ors.
Court: Andhra Pradesh
Decided on: Oct-12-1995
Reported in: 1996(1)ALD395; 1996(1)ALD(Cri)416; 1995(3)ALT893; 1996(1)APLJ257; 1996CriLJ1214
P. Venkatarama Reddi, J.1. The petitioners in this Contempts Case are the respondents in Letters Patent Appeal No. 239 of 1986 which was filed against the Judgment in a first appeal. That appeal arose out of a suit for specific performance of an agreement of sale dated 28-1-1974 in respect of a building situate in premises No. 23-6-7 & 9, Shah-ali-bande. Hyderabad. The suit for specific performance was decreed by the appellate court reversing the judgment of the trial Court. Aggrieved by the same, respondents herein filed the Letters Patent Appeal. Pending the Letters Patent Appeal, the appellants (respondents herein) filed an interim application to stay the execution of the decree in O. S. No. 544 of 1975 on the file of IInd Additional Judge, City Civil Court, pursuant to the Judgment and decree dated 9-9-1986 passed in the appeal. A Division Bench of this Court stayed the execution and further ordered as follows : 'However, the petitioners are directed not to alienate the house in qu...
T. Srihari and anr. Vs. Haneef Brothers and ors.
Court: Andhra Pradesh
Decided on: Oct-12-1995
Reported in: 1996(1)ALT678
ORDERN.Y. Hanumanthappa, J. 1. These are landlords' revision petitions filed challenging the judgment dated 28-6-1994 in R.A.No.267 of 1992 and I.A.No.551 of 94 on the file of the Chief Judge, City Small Causes Court, Hyderabad. 2. A few facts which are necessary to dispose of these revision petitions are as follows:- The petitioners are the landlords and the respondents are the tenants of the premises bearing municipal number 4-6-230 (Old No. 1862), the monthly rent being Rs. 850/- per month. The case of the landlords is that the petitioner No.l being an employee of Niloufer Hospital, intends to start a cloth business on his retirement from service. So also his son by name Narasingdas, who has been carrying on his business in repairs and service of refrigerators under the name and style of 'Supra Refrigeration' intends to start his business in the demised premises. As such the landlords made several requests to the respondents to vacate the demised premises, in view of landlords' born...
C. Subbarayudu Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-11-1995
Reported in: 1996(1)ALD(Cri)912; 1996(1)ALT(Cri)75; 1996CriLJ1472
ORDER1. The expedition with which the case has been disposed of gratified me to feel that we are not far off to that ideal State of ready-made Justice. Alas it is not to be. 2. Strange as it may seem, on the same day of 8-7-1992, the offence under Section 160 I.P.C. has been taken on file, posted before the Court, summons issued to the petitioner and other accused, and plea of guilt recorded and the sentence passed on the petitioner. The petitioner was sentenced to pay a fine of Rs. 50/-, in default to undergo simple imprisonment of 10 days. The grievance of the petitioner in this Crl.R.C. is that he did not plead guilty at all and even if the accusation is taken as true the offence of affray is not made out. 3. The accusation against the petitioner and other is to the effect that on 26-6-1992 the accused of 'A' party and 'B' party, containing two persons each, were abusing and kicking each other causing breach of peace. The alleged plea of guilty, by the petitioner and accused No. 2 w...
Dudekula Khabala Saheb Alias Khabala Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-11-1995
Reported in: 1996(1)ALD(Cri)358; 1996(1)ALT(Cri)180; 1996CriLJ2196
P. Venkatarama Reddy, J.1. The accused who is the wife's younger brother of the deceased used to assist him in digging burial pits since about six months prior to the date of offence and they were sharing the collections. As per the version in Ex. P-1, on 8-3-1989, the accused engaged himself in vending ice-cream and in his absence, the deceased dug a burial pit and appropriated the amount received exclusively without sharing with the accused. On the evening of 9-3-1989, the appellant and the deceased proceeded to the toddy shop of P.W. 6 and consumed toddy. Not being satisfied with it, they went to another nearby shop of P.W. 7 and consumed arrack at about 7-00 p.m. After the drink, the accused demanded his share of collections received on 8-3-1989 for which the deceased refused. There was heated exchange of words between the accused and the deceased. Thereupon, P.W. 7 asked them to get away from the shop. Shortly thereafter, P.W. 2, a relation of the deceased and his wife saw the acc...
State of Andhra Pradesh Vs. Durga Rice and Oil Mill Contractors Compan ...
Court: Andhra Pradesh
Decided on: Oct-11-1995
Reported in: [1996]102STC247(AP)
P. Venkatarama Reddi, J.1. In this tax revision case filed by the State of Andhra Pradesh, the only point raised is that the Sales Tax Appellate Tribunal erred in law in adding the turnover of gunnies to the rice turnover for the purpose of calculating the rebate under Explanation III to the Third Schedule to the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the Act') in connection with the assessment for the year 1983-84. The value of the gunnies so added was Rs. 40,659.28. 2. Explanation III to the Third Schedule to the Act provides that 'where a tax has been levied under this Act in respect of the sale or purchase inside the State of any paddy, the tax leviable on rice procured out of such paddy shall be reduced by the amount of tax levied on such paddy'. The said explanation is in tune with section 15(c) of the Central Sales Tax Act, 1956. In this case, the tax on paddy seems to exceed the tax on corresponding rice. 3. It is the contention of the learned Government Pleade...
Venkateswara Agencies Vs. Commissioner of Commercial Taxes, Andhra Pra ...
Court: Andhra Pradesh
Decided on: Oct-11-1995
Reported in: [1996]101STC333(AP)
P. Venkatarama Reddi, J.1. In these two appeals filed under section 23(1) of the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred as 'the Act'), which relate to the assessment years 1984-85 and 1985-86, the legality of the orders passed by the Commissioner of Commercial Taxes in exercise of revisional power vested in him under section 20(1) of the Act is questioned. The Commissioner revised the order of the Appellate Deputy Commissioner, who having set aside the assessment order in so far as the disputed turnover is concerned and remanded the case to the assessing authority. This is what the appellate authority has said : 'The whole argument of the learned authorised representative is that 'cem powder' is nothing but pigment powder. There is nothing on record to show how the assessing authority came to the conclusion that 'cem powder' is not a 'distemper'. If the chemical composition of 'cem powder' covered by the disputed turnover is the same as that of pigment powder,...
Savitri Bai Vs. Om Prakash Gupta and ors.
Court: Andhra Pradesh
Decided on: Oct-11-1995
Reported in: 1996(3)ALT424
Neelam Sanjiva Reddy, J.1. This appeal is preferred by the second defendant in O.S.No. 562 of 1977 against the judgment and decree passed therein by the I Additional Judge, City Civil Court, Hyderabad on 15-7-1982.2. Facts culminating in this appeal and necessary for its disposal briefly stated are that the defendants 1 and 2 are son and daughter respectively of Smt. Hari Pyari Bai, who was the absolute owner of the plaint schedule property. Hari Pyari Bai had agreed to sell the said property on 22-3-1975 to Chandulal for Rs. 40,000/- and received Rs. 20,000/- as advance consideration. Smt. Hari Pyari Bai passed away on 9-4-1977 before she could execute any sale deed in favour of Chandulal after receiving the balance of sale consideration. After her demise, Chandulal demanded the first defendant to refund the money paid by him under the agreement. As the first defendant had no money, he agreed to sell the suit house for Rs. 42,000/- to the plaintiff and also received Rs. 20,000/- as pa...
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