Andhra Pradesh Court November 1995 Judgments
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K.S. Sudhakaran and ors. Vs. S. Narasimha Reddy and ors.
Court: Andhra Pradesh
Decided on: Nov-13-1995
Reported in: II(1996)ACC205; 1995(3)ALT673
Motilal B. Naik, J.1. This Civil Miscellaneous Appeal is directed against the judgment and decree in O.P.No.52 of 1992 on the file of the Additional Chief Judge, City Civil Court, Secunderabad.2. The Appellants are the claimants in O.P.No. 52/1992. The first appellant is the husband of late Stella Shantha Kumari. Appellant Nos. 2 and 3 are the minor son and minor daughter born out of the wedlock between the first appellant and late Stella Shantha Kumari.3. It is the case of the appellants that the deceased Smt. Stella Shantha Kumari was working as a Teacher in Bharatiya Vidya Bhavan, Basheerabagh, Hyderabad. On the date of the accident, she was drawing a monthly salary of Rs. 2,500/-, aged about 39 years and was quite hale and healthy. It is further stated that the deceased was coming from Begumpet Police lines to Secunderabad Railway Station on a scooter bearing No.AHU 5516 along with her husband-first appellant herein around 6-40 PM. After crossing Paradis X Roads, an auto-rickshaw b...
Chinta Narasimha and ors. Vs. District Collector, Guntur and ors.
Court: Andhra Pradesh
Decided on: Nov-13-1995
Reported in: 1998(5)ALD490
ORDER1. This petition is filed under Article 226 of Constitution of India to declare the action of the fourth respondent herein in seizing the text books belonging to the petitioner on 1-7-95 and 10-7-95 as illegal and consequently direct respondents 1 to 4 to release all the books forthwith.2. The writ affidavit filed by the petitioners shows that they are book sellers at Narsaraopet in Guntur District and that in the raid conducted bv the respondents on 1-7-1995 and 10-7-1995 the text books belonging to the petitioner were seized and no further action was taken by the respondents to prosecute the petitioners or otherwise.3. The grievance of the petitioners is that there is no legal restriction for aprivate book seller as regards the sale of text books and that it is not the case of the respondents that books arc being sold at higher rates.4. The learned Counsel for the petitioners drew my attention to a similar situation which arose in Nalgonda District. It appears that is that matte...
Commissioner of Income-tax Vs. K.C.P. Ltd.
Court: Andhra Pradesh
Decided on: Nov-10-1995
Reported in: [1997]226ITR791(AP)
ORDERRatio:Question as to whether the Tribunal was justified in holding that there was a donation of immovable property even though there was no valid transfer of title by a registered conveyance, does not arise out of order of the Tribunal, therefore not referable.Held:The Tribunal after averting to the relevant material in this behalf has recorded a categorical finding that the land and the buildings were in fact handed over to the University during the relevant year. That is purely a finding of fact. The further question whether in the absence of a transfer deed executed and registered, the deduction can be allowed, was not considered by the Income Tax Officer, nor was it raised before the Tribunal. In the circumstances, applying the tests laid down by the Supreme Court in CIT v. Scindia Steam Navigation Co. Ltd., (1961) 42 ITR 589 (SC), Court is unable to say that question arises out of order of the Tribunal.Application:Also to current assessment yearsIncome Tax Act 1961 s.256 ...
Sri Ramanjaneya Groundnut Factory Vs. C.T.O. Kadiri and anr.
Court: Andhra Pradesh
Decided on: Nov-10-1995
Reported in: [1996]103STC297(AP)
1. This batch of 11 appeals filed under section 23 of the Andhra Pradesh General Sales Tax Act (hereinafter referred to as 'the Act') arises out of the orders passed by the Commissioner of Commercial Taxes in identical terms under section 20(1) of the Act. These assessment years relate to 1983-84 to 1985-86. Five dealers doing business at Kadiri and Tanakallu, Ananthapur District, are the appellants in these appeals. By the impugned orders, the Commissioner set aside the common order dated May 28, 1990, passed by the Appellate Deputy Commissioner (C.T.), Kurnool, allowing the appeals filed by the appellants herein against the reassessment orders made by the Commercial Tax Officer, Kadiri, in March, 1990. 2. The relevant facts are these : The appellants during the relevant point of time were engaged in the business of purchasing groundnuts, decorticating the same and selling the resultant groundnut seeds to other dealers in the State. Groundnut is declared goods, taxable under section 6...
Dr. K.N. Srivatsava Vs. University of Hyderabad, Rep. by Its Registrar ...
Court: Andhra Pradesh
Decided on: Nov-10-1995
Reported in: 1996(1)ALT857
ORDERG. Bikshapathy, J. 1. This Writ Petition is filed seeking a declaration that the petitioner is entitled for appointment as Dean of Physics in Respondent No. 1-University. 2. The facts lie in a short compass: The Petitioner was appointed as Reader in Physics in May, 1978. He was promoted as Professor in January, 1986. There are seven Professors in the Department of Physics in Respondent No. 1 University. The Petitioner is No. 3 in order of seniority, after Sri G.S. Agarwal and Sri A.K. Bhatnagar. Mr. Srinivasan, Mr. Shenoy and Mr. Pathak are next to him. 3. It is the case of the petitioner that for appointment to the post of Dean, the seniority in the cadre of Professors in the respective disciplines is considered and appointments made by rotation on the basis of seniority. It is the established principle in the University from the beginning. There are no statutes prescribing the procedure, method and manner of appointment as Dean. This was also confirmed by the Vice-Chancellor in ...
The Public Prosecutor, High Court of Andhra Pradesh, Hyderabad Vs. Gal ...
Court: Andhra Pradesh
Decided on: Nov-09-1995
Reported in: 1996(1)ALD(Cri)444; 1996(1)ALT(Cri)449; 1996CriLJ1295
ORDER1. This criminal revision Case has been filed by the Public Prosecutor against the order of the District Judge, Ongole passed in AS No. 26 of 1989 dated 1-9-1992. The learned counsel for the respondents contends that the criminal revision case is not maintainable under section 397 Cr.P.C. since the impugned order was passed by the District Judge as a Civil Court and not by District and Sessions Judge, or a Sessions Court. 2. The above appeal has been filed by the respondents under section 49 of the Andhra Pradesh Forest Act questioning the order of Officer. On a consideration of the facts of the Divisional Forest learned District Judge allowed the appeal and set aside the order of confiscation in so far as it relates to the confiscation therefore, passed by the District Judge as a Civil Court. Under Section 44(2-E) of the A.P. Forest Act, an appeal lies against the order of confiscation passed by the Forest Officer, to the District Court, and not to the District and Sessions Judge...
Commissioner of Wealth-tax Vs. H.E.H. the Nizam's Trust
Court: Andhra Pradesh
Decided on: Nov-09-1995
Reported in: [1996]221ITR295(AP)
P. Venkatarama Reddi, J. 1. The Revenue seeks reference of the following question for reference under section 27(3) of the Wealth-tax Act, 1957, for consideration : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that for the purpose of valuation of the jewellery under section 7(1) of the Wealth-tax Act, 1957, the alleged uncertainties, hazards, risks of litigation, burden of cumulative tax liability, etc., should be considered as the factors which would go to reduce the estimated market value 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in ignoring the position that the concept of a notional open market would preclude the assumption of any restrictions on the sale of the asset in that notional open market 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in confirming the order of the Commissioner of Wealth-tax (Appeals) in allowing a deduction of 50...
Hamida Habib Jeelani Alias Hamida Begum Vs. the Secretary to Governmen ...
Court: Andhra Pradesh
Decided on: Nov-08-1995
Reported in: 1996(1)ALD414; 1995(3)ALT740; 1996CriLJ1086
A. Gopal Rao, J. 1. This writ petition is filed to issue a Writ of Mandamus declaring the action of the respondents, viz., The State of Andhra Pradesh, represented by the Secretary to Government, Home Department, Hyderabad and the Station House Officer, Rein Bazar Police Station, Mir Chowk Sub-Division, South Zone, Hyderabad, in seizing the passport of the petitioner, bearing No. 239348 issued by the Government of Qatar, as arbitrary, illegal and violative of the petitioner's fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India and consequently to order release of the passport in favour of the petitioner. 2. This Writ Petition in the first instance came up for admission before a learned single Judge who by Order dated 25-9-1995 referred the same for consideration and disposal by a Division Bench as in the view of the learned Judge the case involvees important questions of law for consideration and decision. Therefore, this Writ Petition is posted befo...
Gopalakrishna Kalamandir Vs. the Assistant Commissioner of Labour, Kha ...
Court: Andhra Pradesh
Decided on: Nov-08-1995
Reported in: (1996)IILLJ89AP
Bikshapathy, J.1. The petitioner is the cinema theatre. The 2nd Respondent is the workman/employee in the petitioner-theatre. The services of the 2nd Respondent were terminated by the petitioner-management on July 10, 1991. Aggrieved by the said action of the Management in terminating the services, the 2nd respondent filed an appeal before the 1st respondent i.e., Assistant Commissioner of Labour, Khammam under Section 48 of the Andhra Pradesh Shops and Establishments Act, 1988. Evidence was adduced before the 1st respondent, but the petitioner-management did not appear on September 6, 1991. Therefore, the management was set ex parte and ex parte order was passed setting aside the order of termination and directing the management to reinstate the 2nd respondent herein into service. It appears that the proprietor of the petitioner-theatre was out of station on account of certain treatment of his wife at Delhi and after his return from Delhi, he filed an application before the 1st respon...
Hindustan Aeronautics Ltd. Vs. M. Sataiah and anr.
Court: Andhra Pradesh
Decided on: Nov-08-1995
Reported in: 1996(1)ALT753; (1996)IIILLJ95AP
T.N.C. Rangarajan, J.1. This writ appeal arises from the order of Ramanujulu Naidu. J., modifying the award passed by the Labour Court and granting full backwages and other attendant monetary benefits to the writ petitioner on reinstatement. 2. The Factual background to the case is as follows : The writ petitioner was working as a radio-wirer in Hindustan Aeronautics Limited since February 24, 1969. From, December 1, 1978 he was ill and under treatment at E.S.I., Hospital, Sanathnagar and Nizam's Orthopaedic Hospital, Panjagutta, Hyderabad. He was sending weekly certificates from the E.S.I., authorities for extension of the period of earned leave. On February 18, 1979, the company issued a notice to the petitioner stating that he was deemed to have abandoned the employment as he did not give any explanation for his absence from February 3, 1979 to February 18, 1979. Subsequently on February 21, 1979, the earlier order of February 18, 1979 was cancelled presumably on receipt of the E.S....
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