Andhra Pradesh Court February 1995 Judgments
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Bhonagiri Saidamma Vs. the Secretary, Govt. of A.P. Revenue (Ffo) Depa ...
Court: Andhra Pradesh
Decided on: Feb-16-1995
Reported in: AIR1995AP318
ORDER1. This writ petition is filed by a widow of a freedom fighter who is entitled for pension. In fact, pension was granted to her with effect from 1-8-1980 and that is clear from the letter No. 12/2460/73-FF(S2) of Government of India addressed to the Accountant-General Andhra Pradesh, Hyderabad. The quantum mentioned was Rs. 200/-per month. The above pension was paid to the petitioner from 1-8-1980 till 1984, but abruptly it was stopped from that period. No order was passed. But, now, after 8 years, counter is filed by the respondents in which they seek to defend the stoppage of payment of pension to the petitioner. It is stated in the counter that the petitioner was granted pension under the scheme framed by the Government of Andhra Pradesh under G.O. Ms. No. 25, Revenue Department dated 4-1-1979 and that in view of what is stated in paragraph 4 thereof, as she is in receipt of the pension in State Scheme, she is disentitled to receive the pension under Central scheme and as such,...
Sunkoji Laxmana Chary Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Feb-16-1995
Reported in: 1995(1)ALT(Cri)550; 1995CriLJ2562; I(1996)DMC524
1. The sole accused in Sessions Case No. 65/89 is the appellant herein who was prosecuted in the Court of the Additional Sessions Judge, Medak at Sangareddy, under one charge punishable under Section 304(B), I.P.C. The ground of the charge is as follows : That Sridevi wife of the accused died on 25-7-1988 by jumping into a well at Guomadidala village in a manner other than in normal circumstances within three years two months from the date of her marriage, becuase of the accused subjected Sridevi to cruelty and harassment before her death in connection with demand for more money by way of dowry and thus it is alleged by the prosecution that the accused has committed dowry death an offence punishable under Section 304(B), I.P.C. 2. It is not in dispute that the deceased was married to the accused three years prior to the incident i.e. on 25-5-1985. At the time of the marriage, according to the version of P.W. 1 he had given Rs. 10,000/- by way of dowry. He had also given clothes, gold a...
B. Veeraswamy Vs. Large Sized Co-operative Society and ors.
Court: Andhra Pradesh
Decided on: Feb-16-1995
Reported in: (1996)IILLJ475AP
ORDERB.K. Somasekhara, J.1. As desired by both the sides, the main writ petition is being disposed of along with the W.P.M.P. No. 13613/94 and W.V.M.P. No. 2154/94.2. The order of suspension of petitioner, an employee of respondent No. 1, dated June 9, 1993 is assailed and sought to be quashed in this petition. Originally, he was appointed by Primary Agricultural Co-operative Society, Poth-unoor, Chintalapudi Mandal as a Paid Secretary on Decembers, 1977 and two years later, he was transferred to Primary Agricultural Co-operative Society (P.A.C.S.), Madhyanapuvarigudem. The common cadre of Secretaries were abolished with effect from April 22, 1994 and they were declared as Secretaries of the Society under Section 116-AA of the Co-operative Societies Act. The Collector was designated as the Registrar who was to allot them to various societies in the district as per the guidelines issued under Rule 72 of the A.P. Co-operative Society Rules. The petitioner claims that he was not allotted ...
K. Venkateswarlu Vs. Nagarjuna Grameena Bank and anr.
Court: Andhra Pradesh
Decided on: Feb-14-1995
Reported in: 1995(1)ALT511; (1995)IILLJ492AP
ORDERS.R. Nayak, J.1. This writ petition filed under Article 226 of the Constitution of India is by a dismissed bank employee calling in question the validity and legality of the orders made by the second respondent-Disciplinary Authority imposing the penalty of 'removal from service' as a measure of punishment for the alleged misconduct committed by the petitioner and that of the first respondent which is the Appellate Authority under Regulation 30(1) of the Rayalaseema Gra-meena Bank Staff Service Regulations 1980, for short 'the Regulations', confirming the order of the Disciplinary Authority.2. The petitioner was appointed as an officer by the Management of the first respondent-Na-garjuna Grameena Bank and he was posted as Manager of Chintur branch on August 4, 1978. The petitioner worked at that branch as the Manager of the bank from May 4, 1978 to May 24, 1980. Thereafterwards the petitioner was transferred to Sujathanagar branch of the respondent-bank in Khammam district. When t...
Commissioner of Income-tax Vs. Beehive Engineering Co. and Allied Indu ...
Court: Andhra Pradesh
Decided on: Feb-13-1995
Reported in: (1996)136CTR(AP)321; [1996]221ITR561(AP)
Syed Shah Mohammed Quadri, J.1. In this reference, at the instance of the Commissioner of Income-tax, Andhra Pradesh-II, Hyderabad, under section 256(1) of the Income-tax Act, 1961 the following question is referred to this court for our opinion : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in holding that the assessee is a company which manufactures or processes goods within the meaning of the definition of 'industrial company' ?' 2. It will be useful to notice the relevant facts giving rise to that question : The assessee is a private limited company. It purchases M. S. angles, joint, channels, etc., and cuts them into required sizes; thereafter, the pieces are welded, drilled with holes and fitted with bolts, nuts, etc., for manufacturing trusses. The assessee-company had also undertaken the work of fixing the trusses for purposes of roofing on the buildings which were under construction. 3. By the Finance Art, 1978, a reduced rat...
Commissioner of Wealth-tax Vs. Trustees of H.E.H. the Nizam's Wedding ...
Court: Andhra Pradesh
Decided on: Feb-13-1995
Reported in: [1995]216ITR232(AP)
Syed Shah Mohammad Quadri, J. 1. In all these six cases, the same questions of law arise. The Revenue filed applications under section 27(3) of the Wealth-tax Act, 1957, to refer the following questions for opinion : '1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the assessment orders of the Wealth-tax Officer passed for the assessment years 1976-77 to 1980-81 are bad in law for assessing the beneficiary's life interest in the jewellery under section 21(1) of the Wealth-tax Act, 1957 2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the right to wear the jewellery is not an asset so as to be assessed under section 21(1) of the Wealth-tax Act, 1957, in the hands of the trust representing the beneficiary, even after the retrospective amendment of section 5(1)(viii) of the Wealth-tax Act, 1957, by the Finance (No. 2) Act, 1...
M. Krishnam Raju, Asst. Technical Officer, Commercial Electronics Grou ...
Court: Andhra Pradesh
Decided on: Feb-13-1995
Reported in: 1995(1)ALT744
ORDERT.N.C. Rangarajan, J.1. This Writ Petition is directed against the punishment awarded to the petitioner in disciplinary proceedings.2. The petitioner joined the service of the Electronic Corporation of India Limited on 1-8-1972 and rose upto the rank of Assistant Technical Officer. In the year 1982, he took leave on medical grounds. On 21-12-1982, his services were terminated by giving notice-pay. He filed Writ Petition No. 9609/82, which was allowed on 27-3-1987 with a direction to the first respondent to reinstate him. It was also stated that this did not preclude the respondent from holding a disciplinary enquiry and that the petitioner should be paid half the salary for the intervening period and he will be entitled to the full salary if no enquiry is commenced within six months and the remaining salary shall be subject to the final orders after an enquiry is held. On 17-4-1987, he was reinstated and on 14-5-1987 a Charge Memo was issued framing the following four charges:(i) ...
Fishermen Co-operative Society Vs. the Commissioner of Fisheries, A.P. ...
Court: Andhra Pradesh
Decided on: Feb-10-1995
Reported in: AIR1995AP163; 1995(1)ALT438
ORDER1. Two important questions of law of general importance arise for consideration in this writ petition. The questions are:-- (a) when the Registrar forms an opinion contemplated under sub-section (5) of Section 16 of the Andhra Pradesh Cooperative Societies Act, 1964, for short 'the Act', whether he is required to form such opinion on the basis of his subjective satisfaction or on his objective satisfaction; and (b) whether before forming the opinion under sub-section (5) of Section 16 of the Act, it is necessary for the Registrar to notify the concerned co-operative society and give it an opportunity of making its representation. These two questions arise in the backdrop of the following facts: 2. The petitioner is Fishermen Cooperative Society registered under the provisions of the Act. The second respondent - the Assistant Director of Fisheries, Medak district who is the Registrar for the purpose of the Act, issued notice No. 474/D/93 dated 22-7-1993 calling upon the petitioner-...
Maddu Tatha and ors. Vs. Uttaravilli Nagamani
Court: Andhra Pradesh
Decided on: Feb-10-1995
Reported in: 1995(1)ALT766
B.K. Somasekhara, J.1. The judgment of the learned Sub-Judge, Rajam in A.S. No. 9/1991 dated 21-3-1994 is assailed in this appeal. That appeal was against the judgment and decree passed by the learned District Munsif, Rajam in O.S. No. 179/86, dated 2-4-1991. The suit was filed by the present respondent against the present appellants for permanent injunction restraining the appellants from interfering with her peaceful possession and enjoyment of the plaint schedule property which is described as Survey No. 152 of O. Punja (mettu) with an extent of Ac.2.00 situate in Boddam village in Srikakulam district. That was contested by the appellants. They denied the plaintiff's possession and the lawful possession of the suit property in addition to setting up their own right and possession over the same. The parties went to trial wherein the plaintiff examined herself as P.W.1 and got examined two witnesses as per P.Ws.2 and 3 whereas defendant No3 got himself examined as D.W.1 and defendant ...
Daniel Padma Rao Vs. Herold Earnest Lawrence Davey
Court: Andhra Pradesh
Decided on: Feb-10-1995
Reported in: 1995(1)ALT784
ORDERB.K. Somasekhara, J.1. The Order of the learned First Additional Judge, City Civil Court, Hyderabad in LA. No. 337/92 in O.S. No. 550/91 dated 30-4-1992 dismissing it, is assailed in this appeal. It was filed under Order 9 Rule 13 of C.P.C. to set aside the ex parte decree dated 27-1-1992 passed against the defendant-appellant. The respondent is the plaintiff who filed the suit and got the decree.2. The defendant was duly served with suit summons in O.S. No. 550 of 1991. He engaged one Sri Reddi an Advocate to represent him. His Advocate filed the vakalat in to the Court from him on 30-9-91. The case was adjourned from time to time to 3-10-91, 28-10-91 and 27-1 -92 on which date neither the defendant nor his Advocate appeared in the Court and therefore, the suit was decreed ex parte. The defendant file I.A. 337/92 on 23-3-1992 to set aside the ex parte decree.3. It was opposed by the plaintiff. The learned trial Judge held that the petition was barred by the period of limitation o...
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