Andhra Pradesh Court November 1995 Judgments
The Secretary to Government of Andhra Pradesh, Tribal Welfare Departme ...
Court: Andhra Pradesh
Decided on: Nov-28-1995
Reported in: 1995(3)ALT679
ORDER1. At issue in this Writ Appeal is the legality of the order passed in G.O.Ms.No.32, Social Welfare (A) Department, dated 23-2-1982 by which the respondent herein was removed from service as Hindi Pandit in the Upper Primary Ashram School, Karakagudem, Khammam district by the Governor of the State of Andhra Pradesh in exercise of the powers conferred by (sub)-clause (c) to the second proviso to clause (2) of Article 311 of the Constitution of India.2. The impugned order says, inter alia, that while working as a teacher in the Ashram schools at Sunnambatti and Kothapeta the respondent 'has been preaching Islam even in the classes, instead of teaching the lessons from the prescribed textbooks', his activities are 'highly unbecoming of a teacher' and 'are likely to result in communal tension which is not conducive to the security of the State, and the Governor is satisfied that in the circumstances of the case, it is not expedient to hold an enquiry into his conduct in the interest o...
Tag this Judgment!Goodhealth Agro Tech. Ltd. Vs. Commercial Tax Officer and anr.
Court: Andhra Pradesh
Decided on: Nov-27-1995
Reported in: 1996(3)ALT251; [1996]102STC226(AP)
S. Parvatha Rao, J. 1. The petitioner seeks a writ of mandamus or any other appropriate writ, etc., declaring the action of the respondent (first respondent) in detaining the vehicle No. KA. 36-1880 transporting sunflower oil to the petitioner on November 7, 1995 and issuing notice dated November 8, 1995, for payment of 'tax' on the said consignment as illegal and arbitrary and directing the first respondent to release the present consignment forthwith and also to direct the respondents not to detain the future consignments of the petitioner on the basis of notice dated November 8, 1995, etc. 2. The petitioner, a company 'engaged in the business of vegetable oil refinery and sale of such oils', is a dealer under the Andhra Pradesh General Sales Tax Act, 1957 and the Central Sales Tax Act, 1956. For its business it purchases various oils including sunflower oil from other States and also within the State. In the affidavit in support of the present writ petition, its director, Mr. Khaila...
Tag this Judgment!A. Seshapathi Vs. the Divisional Manager, Apsrtc and ors.
Court: Andhra Pradesh
Decided on: Nov-27-1995
Reported in: 1996(1)ALT491; (1996)IILLJ185AP
ORDERY. Bhaskar Rao, J. 1. This batch of writ petitions is filed by the petitioners to declare the action of the respondents in not appointing them in the quota reserved for the children of the employees who died in harness, employees voluntarily retired on medical grounds, employees retired and died, employees who retired and employees who have completed 25 years of service in the Corporation, as arbitrary and violative of Article 14 of the Constitution and to issue a suitable direction to the respondents to consider their cases. The case of the petitioners is that though circulars are issued by the Corporation from time to time to provide employment to the children of the above categories of employees on compassionate grounds, but the respondent Corporation refused to appoint them on the ground that other members of the family of the said categories of employees have already been appointed and working in the Corporation.2. It is contended by the Standing Counsel for the respondent Co...
Tag this Judgment!T. Bhanumathi Vs. R. Hanumantha Rao (Died) and ors.
Court: Andhra Pradesh
Decided on: Nov-27-1995
Reported in: 1996(1)ALT52
ORDERA. Gopal Rao, J. 1. Defendant is the petitioner. The suit filed by the plaintiffs-respondents for injunction was dismissed for default. I.A. No. 256/95 filed by the respondents for restoration of the suit was allowed by the lower Court. Aggrieved by the same, the present CRP is filed. 2. The learned Counsel for the petitioner contends that the lower Court having found that the respondent has not satisfactorily explained the Cause for his absence on the day when the suit was dismissed for default, erred in allowing the I.A. on extraneous reasons. The reason given by the respondent in the I.A. (I.A.256/95) for his absence on the day when the suit was posted for trial was that due to failure of the bus in which he was travelling, he could not attend the Court. The lower Court rejected this plea on the ground that the respondent has not produced the bus-ticket or let in any evidence to establish that the respondent was travelling in the bus and the bus failed. So saying, the lower Cou...
Tag this Judgment!Rajappa Kawati Vs. G. Hanumantha Rao and ors.
Court: Andhra Pradesh
Decided on: Nov-27-1995
Reported in: 1995(3)ALT878
P.S. Mishra, C.J.1. Heard learned counsel for the appellant. Going by the principle laid down in J.M. Desai v. Roshan Kumar, AIR 1976 SC 578 it has to be held on the facts of this case that learned Single Judge has committed error is not dismissing the writ petition on the ground that petitioner-respondents 1& 2 have no locus standi to challenge the grant of permit to the appellant herein to run a stage carriage on the route specified in the permit. Locus is determined by knowing whether the person who has moved the Court is aggrieved or not and in the judgment aforementioned it has been pointed out that the test is to find out whether any interest of the petitioner is injured. Those whose interests or rights are violated clearly fall in the category of persons aggrieved. Those, however, whose rights or interests are not at all in jeopardy are none other than interlopers to serve some interest which is not legally available to them or sometimes wrongly claiming to champion the cause of...
Tag this Judgment!Commissioner of Income-tax Vs. A. Nageshwara Rao (Huf) and Annapurna P ...
Court: Andhra Pradesh
Decided on: Nov-24-1995
Reported in: [1997]226ITR818(AP)
P. Venkatarama Reddi, J. 1. The Commissioner of Income-tax, Andhra Pradesh-I, Hyderabad, seeks reference of the following questions for the opinion of this court in these two income-tax cases filed under section 256(2) of the Income-tax Act, 1961 : Income-tax Case No. 108 of 1991 : '(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is correct in law in holding that the cash subsidy granted by the Government of Andhra Pradesh to producers for production of films in Andhra Pradesh is not related to or meant as adjustment against or for defraying the cost of production of such films (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in law in deleting the cash subsidy received by the assessee from the income of the assessee applying the ratio of the decision of the Andhra Pradesh High Court in the case of CIT v. Chitra Kalpa : [1989]177ITR540(AP) , ignoring the subsequently inserted provisions of rule ...
Tag this Judgment!A. Hemalatha Vs. Convenor (D.E.O.) District Selection Committee and or ...
Court: Andhra Pradesh
Decided on: Nov-24-1995
Reported in: 1996(1)ALT566
ORDERB. Subhashan Reddy, J. 1. This Writ Petition is filed by a student of B.A. for issue of B.Ed., Certificate. It is not in dispute that the petitioner appeared for B.Ed. Examination. It is stated in the counter filed on behalf of the third respondent that the results of the petitioner were not declared on the ground of shortage of attendance. But it is surprising as to why and how the petitioner was allowed to sit for the examination when there was deficiency in attendance. It is normal practice that whenever there is deficiency in attendance, even hall tickets are not issued. But having issued the hall ticket and permitted the petitioner to write the examination, it is too late a day to with hold the results on the ground of deficiency in attendance. Further, the shortage in attendance is only four days. It is averred in the writ petition specifying the names of the candidates similarly situated as the petitioner that the third respondent had condoned the shortage in attendance in ...
Tag this Judgment!Mohd. Ibrahim and anr. Vs. the Secretary to the Government of India, M ...
Court: Andhra Pradesh
Decided on: Nov-24-1995
Reported in: 1996(2)ALT950
Lingaraja Rath, J.1. These appeals arise out of a reversing judgment of a learned single Judge of this court dismissing the suit brought by the two appellants for recovery of possession and eviction of respondents from the suit land and for mesne profits.2. The Original Suit, O.S. No. 1569 of 1981 had been brought by Mohammed Ishaque as the plaintiff but he having died during the pendency of the suit his son plaintiff No. 2 and nephew P.W. 3 respectively appellants in LPA Nos. 205 and 211 of 1991 were substituted.3. The case of the plaintiffs was that plaintiff No. 1 had purchased the disputed land, Act. 3-677 sq.yards, now it is in the AOC Centre, Secunderabad, by registered sale deed dated 23-1-1946 and was possessing and cultivating the land but that the land was encircled by the AOC Centre for which a notice was issued to the Comandant, AOC Centre on 2-11-1953 seeking eviction of the land. A reply was sent by the Commander, Ex.A-16 on 1-12-1953 stating that Ac. 4-00 of land which w...
Tag this Judgment!Central Bank Executor and Trustee Co. Ltd. Vs. Magna Hard Temp Ltd.
Court: Andhra Pradesh
Decided on: Nov-23-1995
Reported in: [1997]89CompCas40(AP)
G. Bikshapathy, J. 1. The petition is filed under section 633(2) of the Companies Act, 1956, seeking a declaration that the petitioner is not liable for any loss or consequences to the respondent or the debenture holders as trustee for the debenture holders, and (b) for a direction to the respondent to pay a sum of Rs. 40,000 towards remuneration due from 1986 to 1990 with interest at 12 per cent. and for costs. 2. The petitioner is the Central Bank Executor and Trustee Company Limited having its registered office at Bombay. The respondent sent an offer to the petitioner in the year 1985, requesting them to act as trustees and agents for debenture holders in respect of one lakh debentures of the value of Rs. 100 each which were going to be issued shortly. The petitioner sent its consent as per its letter dated September 25, 1984. It was informed to the petitioner that the respondent will give a first charge on the fixed assets of the company for the proposed debentures. It is also agre...
Tag this Judgment!Sudha Nagaraj K. Vs. Chief Manager, Andhra Bank and anr.
Court: Andhra Pradesh
Decided on: Nov-23-1995
Reported in: 1996(2)ALT293
ORDER1. This Writ Petition is filed by the petitioner for quashing the proceedings of the 1st Respondent dated February 13, 1991. 2. The facts in nut shell are that the petitioner was appointed as Clerk under the Respondents on March 29, 1977. During the year 1990, she was working at Gagan Mahal Road Branch. On January 19, 1990, the petitioner submitted resignation on domestic grounds. Her husband was an I.P.S. Officer, stationed at Warangal and on account of education of children, she could not join at Warangal. That apart Warangal being a Naxalite area, it was found to be unsafe for her and her children to stay at Warangal. It is her case that even though she requested the Respondents to permit her to resign, no action was taken and that she had worked up to March 28, 1990, thereafter she applied for leave. However, while the matter stood thus, her husband was again transferred back to Hyderabad from Warangal. As the Respondents had not accepted the resignation and her husband has be...
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