Andhra Pradesh Court February 1995 Judgments

Syed Ahmed Vs. Chief Manager and Disciplinary Authority Corporation Ba ...

Court: Andhra Pradesh

Reported in: (1996)ILLJ315AP

ORDERT.N.C. Rangarajan, J.1. This petition challenges the domestic enquiry initiated by the respondents against the petitioner.2. The petitioner was appointed as a peon in the Corporation Bank in 1956 and he was working as a peon in the Regional Office since December 2, 1991. On October 26, 1991, the Chief Manager ordered the sanction for prosecution of the petitioner under Section 6(1)(c) of The Prevention of Corruption Act. The charge was that the petitioner had distributed certain loans and had not credited the collected instalments from the loanees. He was prosecuted under Section 409 of the Indian Penal Code in C.C.No. 4/92, and finally by order dated March 31, 1993 he was acquitted on the ground that there was no evidence of entrustment. Thereafter, a fresh charge-sheet was given on December 13, 1993 and on January 8, 1994 stating that in respect of certain loans sanctioned by the Bank, the borrowers had stated that they never went to the Bank; that the documents were executed an...

Kistna Cements Limited, rep. by General Manager Vs. Government of Andh ...

Court: Andhra Pradesh

Reported in: 1996(2)ALT531

ORDERT.N.C. Rangarajan, J.1. This writ petition has been filed by the management of Kistna Cements Limited.2. The cement factory with which we are concerned known as Kistna Cements Works, originally belonged to Associated Cement Company Limited. By an agreement dated 16-12-1989, it was agreed to be purchased by Frazer Investment Limited, as a running factory with all its assets and liabilities and with continuation of the employment of the workmen. Thereafter, it was being run by HMP Cements Limited. Again by an agreement dated 26-4-1993, the factory was transferred to Kistna Cements Limited, being incorporated on 6-1-1993. Earlier to that date, Kistna Cements Limited Employees Union had raised certain demands of which the following five were pending: (i) uniform and safety shoes to be given to the workers in January every year; (ii) 1992 annual promotions and special increments; (iii) new appointments to the children of the deceased employees as well as death compensation; (iv) dues t...

Assistant Estate Officer Vs. T. Krishnamma Naidu

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. This appeal is preferred by the Assistant Estate Officer, Office of A.P. Housing Board, Gruhakalpa, Hyderabad. 2. The respondent herein filed a complaint alleging that he applied to the opposite party for allotment of a house site under MIG group and paid Rs. 1000/- as Earnest Money Deposit on 21.6.1979 and a receipt dated 21.6.79 was passed by the opposite party. According to the complainant he did not receive any intimation from the opposite party about the allotment of house site at Chittoor inspite of making several representations. The last of such representation being on 30.12.1993. Having waited for a period of 13 years and as he lost of hopes of allotment of any house site, he filed a complaint before the District Forum CDC 206/94 claiming refund of the Earnest Money Deposit of Rs. 1000/- with interest at 18% from 21.6.79 and damages of Rs. 30,000/- and costs. 3. The opposite party filed objections and contended that the opposite party never ...

Commissioner of Income-tax Vs. Ampro Food Products

Court: Andhra Pradesh

Reported in: 1995(2)ALT843; (1995)125CTR(AP)341; [1995]215ITR904(AP)

Syed Shah Mohammed Quadri, J. 1. At the instance of the Revenue, the following questions were referred to this court for its opinion under section 256(1) of the Income-tax Act, 1961 : '1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the expenditure of Rs. 1,24,091 incurred for the purpose of distributing free note books and expenditure of Rs. 1,08,565 incurred for placing gift coupons in the assessee's products, viz., biscuit tins in order to promote sales are not covered by section 37(3A) of the Income-tax Act, 1961 2. On the facts and in the circumstances, is the Appellate Tribunal right in law in directing that the expenditure of Rs. 2,32,656 on note books and gift coupons should be allowed in full under section 37(3) of the Income-tax Act, 1961 ?' 2. The assessee is a manufacturer of food products. The Income-tax Officer and the Appellate Assistant Commissioner treated the expenditure on distribution of note boo...

L. Sankara Naidu Vs. District Collector and ors.

Court: Andhra Pradesh

Reported in: 1995(1)ALT704

ORDERS.R. Nayak, J.1. The petitioner was the authorised fair price shop dealer and he had obtained an authorisation from respondent No. 3 -Revenue Divisional Officer under the provisions of the Andhra. Pradesh Scheduled Commodities (Regulation of Order'. The third respondent received a report from the Mobile Squad Deputy Tahsildar, office of the Collector, Chittoor dated 10-9-1991 alleging that the writ petitioner had committed certain irregularities in the maintenance of accounts and in distribution of essential commodities to the card holders during the months of March to August, 1991 and requesting him to take necessary action against the petitioner. The third respondent, basing on the said report of the Mobile Squad Deputy Tahsildar, suspended the authorisation granted to the petitioner by his proceedings dated 21-9-1991 pending on enquiry into the allegations levelled against the petitioner. The charges levelled against the petitioner were the following:'Charge No. I: During the e...

K. Gopi Chand and Others Vs. Government of Andhra Pradesh and Others

Court: Andhra Pradesh

Reported in: AIR1995AP246

ORDER1. 56 persons in all claiming to be the residents of Govindarajulagutta locality of Girmajipet of Warrangal town have filed this common and joint writ petition, calling in question the validity and legality of the Government Order in G.O. Ms. No. 422, Municipal Administration and Urban Development Department dated 9-7-1993 according permission for change of land use in respect of residential site consisting of two houses bearing Municipal Registration H. No. 8-7-102 and 8-7-96/1 situated at Govindarajulagutta in favour of the 6th respondent in this petition..This writ petition is filed as a public interest litigation to espouse the cause of the public at large in the said locality.2. In the writ petition it is averred that there is a 60 feet road from Warrangal Railway station to Hanamakonda enroute warrangal Chowrasta, Pochamma Maidan,-MGM Hospital and on the said road there is a small by-lane on the first right side which leads to Sri Govindaraja swamy temple at Girmajipet. The ...

Apsrtc Vs. Salvaraj Vijaya and Others

Court: Andhra Pradesh

Reported in: I(1996)ACC133; 1996ACJ124; AIR1995AP319; 1995(2)ALT258

1. This is an appeal under Sec. 110-D of the Motor Vehicles Act, 1939 (old Act). The General Manager, APSRTC, who is redesignated as the Managing Director, APSRTC, is the appellant. The appeal is filed against the order and decree of the Additional District Judge-cum-Motor Accidents Claims Tribunal, Tirupati in O.P. 873/87 dated 14-8-1989. By the decree under appeal, the Tribunal awarded a total compensation of Rs. 1,99,600/-. The amount of Rs. 15,000/-, already paid under Sec. 92A of the Act, has been deducted from the total amount and the balance of Rs. 1,84,600 / - has been awarded to the claimants with costs and subsequent interest at 12 per cent per annum from the date of the petition till realisation. The claim came to be granted in the following circumstances : 2. On 18-4-1987, at about 7-30 PM, one Shri Selvaraj was going on a bicycle with a pillion rider. At that time one RTC bus bearing No. AAZ 6252 alleged to have come at a high speed without blowing horn and dashed against ...

Kakarla Krishnamurthy Vs. Commissioner of Income Tax

Court: Andhra Pradesh

Reported in: (1996)130CTR(AP)210; [1995]216ITR206(AP); [1996]85TAXMAN41(AP)

Krishna Saran Shrivastav, J.1. By this common order Writ Petns. Nos. 3927 and 3936 of 1989 are disposed of because of the commonality of the question of law and similarity of facts. 2. By these writ petitions, under Art. 226 of the Constitution of India, the petitioners seek for an appropriate writ or direction in the nature of a writ of mandamus directing the respondent to waive fully the interest levied for the asst. yrs. 1985-86 and 1986-87 and for any further direction in the interest of justice. 3. Having regard to the limited scope of the writ petitions, it is not necessary for us to traverse at length the facts of the cases. Suffice it to say, that, on 31st March, 1987, the petitioners submitted IT returns under the amnesty scheme for the asst. yrs. 1985-86 and 1986-87 showing agricultural income and income other than from agriculture and, on 16th April, 1987, the ITO passed the assessment orders under s. 143(1) of the IT Act, 1961 (hereinafter referred to as 'the Act'), accepti...

Chadalavada Gayathri Vs. Tallapaneni Narayya

Court: Andhra Pradesh

Reported in: 1995(1)ALT618

ORDERP.L.N. Sarma, J.1. In execution of a money decree, an amount of Rs. 7,583-50 ps. belonging to the respondent-second judgment-debtor and which was already under attachment, was sought to be realised. The said amount was attached in E.P. No. 114 of 1987 which was awarded to the second judgment-debtor towards compensation for the injuries suffered by him in an accident under the Motor Vehicles Act by the Motor Vehicles Claims Tribunal.2. The respondent viz., the second judgment-debtor, raised an objection on the basis of the judgment-reported in New India Assurance Co. v. M. Naramma, 1989 (3) ALT 109 that the amount is not attachable. The said objection was upheld by the Executing Court. Hence, the present revision petition.3. The judgment referred to above was only referring to certain guidelines for the exercise of power to oversee that the amount awarded to the claimants reaches the claimants only. The learned Judge felt that for the purpose of making or enabling the claimants to ...

Dr. S. Padma Rao Vs. Radhu Ram (Died) and anr.

Court: Andhra Pradesh

Reported in: 1995(1)ALT835

ORDERN.Y. Hanumanthappa, J.1. This is a land-lord's revision petition.2. Landlord filed R.C. No. 858/86 on the file of III Addl. Rent Controller, Hyderabad Under Section 10(3)(c) of A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960 (hereinafter called 'the Act') against the respondent to evict the respondent from the scheduled property and to put the petitioner in vacant possession of the same and to award costs.3. Relationship between parties and quantum of rent are not disputed.4. On service of notice, the tenant filed his objections denying the allegations in the petition, on the basis of pleadings, the trial Court framed the following point for consideration:'Whether the petitioner requires the demised portion bona fide for his additional accommodation to expand his Nursing HomeTo support rival contentions, both parties adduced both oral and documentary evidence. On behalf of the petitioner two witnesses were examined, including the petitioner himself, whereas the responden...