Andhra Pradesh Court December 1995 Judgments
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The Advertising Club, Rep. by Its President Mr. S. Vijay Kumar and anr ...
Court: Andhra Pradesh
Decided on: Dec-06-1995
Reported in: 1996(2)ALT233
P. Venkatarama Reddi, J.1. The relief sought for in this writ petition is similar to the one in W.P. Nos. l5568/94and batch dated 30-11-1995 disposed of by a common judgment. The validity of circular No-681, dt.8-3-94 issued by the Central Board of direct taxes in so far as it requires the deduction of tax at source Under Section 194-C of the Income Tax Act in respect of service contracts is being challenged in those writ petitions. The only difference between the present writ petition and the other writ petitions which we disposed of on 30-11-95 is that the present writ petition relates to a contract for advertising whereas in the other batch of writ petitions the contracts pertain to transport of goods. The facts and circumstances set out in the batch of writ petition mutatis mutandis apply to this writ petition as well. Therefore, following our judgment in W.P. No. 15568/94 and batch dt.30-11-95 we dispose of this writ petition with the same directions which we set out herein.(1) th...
income Tax Officer Vs. Gadamsetty Nagamaiah Chetty and ors.
Court: Andhra Pradesh
Decided on: Dec-05-1995
Reported in: (1996)133CTR(AP)347; [1996]219ITR263(AP)
S.V. Maruthi, J. 1. This appeal is filed against the judgment in CC No. 4 of 1989 by the Special Judge for Economic Offences at Hyderabad. 2. The brief facts are as follows : A complaint was filed pursuant to the direction of the CIT, Andhra Pradesh, Guntur, under s. 279(1) of the IT Act. A-1 to A-3 along with G. Subba Rao and Kum. G. Subhadramma all belonging to Cuddapah are the owners of the house property bearing D. No. 18/285 situated at Badarkhan Masjid Street, Cuddapah, and they all proposed to sell the said house property to A-4 and another Meda Vijayalaxmi and they have filed an application under s. 230A(1) of the IT Act on 13th Nov., 1987, enclosing a copy of the sale deed proposed to be registered with the Sub-Registrar, Cuddapah, before the ITO, A-Ward, Cuddapah, requesting for issue of a certificate under s. 230A(1) of the IT Act so as to enable them to register the sale deed as proposed. The sale consideration as disclosed by A-1 to A-3 and the other two is Rs. 1,20,000. O...
Shaik Khadervali and ors. Vs. Regional Admission Committee, 1995-96, R ...
Court: Andhra Pradesh
Decided on: Dec-05-1995
Reported in: 1996(1)ALT807
ORDERB. Subhashan Reddy, J.1. These writ petitions raise a question as to whether the Rules framed under G.O.Ms. No. 35, Education (Rules) Department, dated 26-2-1990 framed in exercise of the rule making power under Sections 3 and 4 read with Section 15 of Andhra Pradesh Educational Institutions (Regulations of Admissions and Prohibition of Capitation Fees) Act, 1983 (A.P. Act No. 5 of 1983) in prescribing qualifying marks, both for appearing in Entrance Examination, and also in the entrance examination are valid. Under the above rules, the qualifying mark in the qualifying examination i.e. Intermediate examination is prescribed as 45% so as to entitle the candidate for consideration. When a candidate sits for entrance examination, the minimum marks to be obtained are prescribed as 35 per cent. In the instant cases, the petitioners did not secure 45% marks in the Intermediate examination, but were allowed to write entrance examination and in the entrance examination, they obtained hig...
G. Siva Kumar Vs. State Election Commissioner and ors.
Court: Andhra Pradesh
Decided on: Dec-05-1995
Reported in: 1996(1)ALT798
ORDERSyed Shah Mohammed Quadri, J. 1. The petitioner seeks a writ a Mandamus directing respondents 1 to 3 to publish notification declaring the petitioner as the elected Sarpanch of Aranyam Kandriga Gram Panchayat of Narayanavaram Mandal in Chittoor District. 2. The election to the post of Sarpanch of the Aranyam Kandriga Gram Panchayat was conducted on 27-6-1995. The petitioner and the fourth respondent contested for the said post. After completion of the polling of votes, they were counted on the same day. It was found that both the petitioner and the fourth respondent got equal votes viz., 869 votes. On the application of the fourth respondent, the Election Commissioner, the first respondent herein, ordered recounting of votes on 21-10-1995. It appears that on recounting also both the petitioner and the fourth respondent secured 863 votes. In view of this position, the third respondent prepared and draw the lot which was found to be in the name of the petitioner. The fourth responde...
Sri Bhaskar Fertilizers and ors. Vs. Dinkal Agro Chemicals (P) Ltd.
Court: Andhra Pradesh
Decided on: Dec-04-1995
Reported in: 1996(1)ALD147; 1996(1)ALD(Cri)398; 1996(1)ALT(Cri)144; 1996CriLJ1103
ORDER1. The petitioners are the accused, the 1st petitioner is a company and the 2nd petitioner is its proprietor and the respondent is the complainant, on whose complaint, the learned IVth Metropolitan Magistrate, Hyderabad, has taken cognizance of the of the offence under Section 138 of Negotiable Instruments Act, 1881 (for short, 'The Act') in C.C. No. 567 of 1993. The petitioners approached this Court to quash the proceedings under Section 482 Cri.P.C. on two grounds; (1) that the allegations in the complaint do not constitute the offence u/Ss. 138 and 142 of the Act, since the cheque was returned unpaid for the reason of 'stop payment by the drawer;' and (2) that the cheque was not issued towards a pre-existing debt. It is contended by the counsel for the petitioners that the offence USection 138 of the Act, can be fastened on the petitioners only if there was prior debt and that the cheque was returned by the bank on the ground of insufficiency of funds or on the ground of exceed...
Ch. Banu Prasad and anr. Vs. Pingali Subba Rao and ors.
Court: Andhra Pradesh
Decided on: Dec-04-1995
Reported in: 1999(2)ALT382
ORDERP. Venkatarama Reddi, J.1. This C.R.P. arises out of an order in C.M.A. No. 169/94 filed against the order in LA. 166/93 passed by the VI Assistant Judge, City Civil Court, Hyderabad. The petitioners are the plaintiffs in the suit for injunction. They sought for a temporary injunction restraining the respondents from interfering with the possession and enjoyment of the suit schedule property. The LA. was dismissed. On appeal, the learned Additional Chief Judge confirmed the said order. Hence this Civil Revision Petition.2. The Courts below, on a prima facie view of the case, have rightly negatived the case of the petitioners that they are statutory tenants. Admittedly the tenancy was in favour of the Andhra Bank, of which the first petitioner was an employee. It is also not in dispute that the Andhra Bank surrendered the tenancy. When the Bank itself has surrendered the tenancy, the employee who was allotted accommodation by the Bank has to necessarily vacate the premises. If the ...
Smt. Bhagi Bai Vs. Swastik Roller Flour Mills and ors.
Court: Andhra Pradesh
Decided on: Dec-04-1995
Reported in: 1996(3)ALT941
ORDERV. Bhaskara Rao, J.1. These three revision petitions arise out of a common judgment and decree in R.A. Nos.303, 304 and 305 of 1992 on the file of the Additional Chief Judge, City Small Causes Court, Hyderabad, dated 31-8-1994. The land lady filed three eviction petitions against three different tenants in respect of three non-residential premises, namely, R.C. Nos. 1342 of 1986, 1343 of 1986 and 1344 of 1986 (dated 26-6-1992), on various grounds, including (1) wilful default in payment of rent for a certain period and (2) bona fide requirement of the premises for personal occupation before IV Additional Rent Controller, Hyderabad. Both the grounds are held to have been established by the land lady and, accordingly, the eviction petitions have been allowed in all three cases. The tenants filed R.A. Nos.303,304 and 305 of 1992 respectively, against the said orders. The learned Additional Chief Judge, City Small Causes Court, Hyderabad reversed the above findings on both the grounds...
P. Rama Rao and anr. Vs. Union of India (Uoi), Rep. by the Secretary, ... Overruled
Court: Andhra Pradesh
Decided on: Dec-04-1995
Reported in: 1996(1)ALT100
ORDERP.S. Mishra, C.J. 1. The main petition by P. Rama Rao and another is directed against a Government Order in G.O.Ms.No. 157, Industries and Commerce (Mines-II) Department, dated 2-4-1994, passed by the second respondent and for declaring Section 15(1-A)(n) of the Mines and Minerals (Regulation and Development) Act (Act No. 67 of 1957) (hereinafter referred to as 'the Act') in so far as it enabled the State Government to make Rules providing for the authority to which applications for revision of any order passed by any authority under these Rules may be made and Rule 35-A of the Andhra Pradesh Minor Mineral Concession Rules, 1966 (hereinafter referred to as 'the Rules') illegal and void. 2. The Government acquired Ac. 86-50 cents in S.No. 55/5, Rajupalem, Lakshmipuram village, Cheemakurthi Mandalam, Prakasam District, as it was surplus in the hands of one G. Subrahmanyam on 20-6-1992 under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 197...
Government of Andhra Pradesh Rep. by the Chief Engineer (Mechanical), ...
Court: Andhra Pradesh
Decided on: Dec-04-1995
Reported in: 1996(1)ALT720
V. Bhaskara Rao, J.1.This revision petition is preferred by the State of Andhra Pradesh against the order in O.P. No. 431/1993 on the file of IV Additional Judge, City Civil Court, Hyderabad, dated 6-9-1994 appointing Mr. G. Krishnaji, Chief Engineer (Retired), Irrigation Department as the sole arbitrator under Section 8 of the Arbitration Act mainly on the ground of lack of jurisdiction. 2. The respondent herein, A.B.C. (India) Limited, is the contractor to whom the work of transportation of Monoly this Buddha Statue fromRaigir, Nalgonda District, to Hussain Sagar at Hyderabad and erecting the same on the Gibralter Rock in Hussain Sagar was entrusted, as its tender having been accepted on 24-10-1987. The detailed work order was, however, issued by the concerned Superintending Engineer on 12-8-1988 and the agreement bearing No. 4/88-89 was concluded on 19-8-1988. A supplemental agreement was entered into on 29-10-1992. It is not necessary to set out the details which led to the said su...
Manali Industries, a Proprietary Concern, Rep. by Mr. Prem Murarkha Vs ...
Court: Andhra Pradesh
Decided on: Dec-04-1995
Reported in: 1996(1)ALT582
ORDERP. Venkatarama Reddi, J.1. This C.R.P. is filed against the order of the III Additional Judge, City Civil Court, extending time to file the petition for leave to defend. The petitioner is the plaintiff in a summary suit filed under Order XXXVIIC.P.C. The respondent entered appearance within time through counsel. Thereafter, the petitioner caused service of summons for Judgment on the respondent-defendant on 6-4-1995. The suit stood posted to 19-4-1995 regarding which the respondent was given intimation in the summons. The contention of the learned counsel for the petitioner is that the respondent ought to have filed a petition for leave to defend at the latest by 17-4-1995, i.e., within ten days from the date of service of the summons for Judgment. The respondent-defendant having failed to do so and the defendant's counsel having applied for extension of time for filing petition to defend on 19-4-1995 i.e. on the date of posting of the suit, according to the petitioner's counsel, ...