Andhra Pradesh Court March 1995 Judgments
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Gopi Chand Television Vs. Director, Doordarshan Kendra, Hyderabad and ...
Court: Andhra Pradesh
Decided on: Mar-31-1995
Reported in: AIR1995AP199; 1995(1)ALT716
ORDER1. This writ petition is filed for a direction to the first respondent/Doordar-shan Kendra, Hyderabad, to approve and allow the petitioner to produce the Novel 'Cheekati Gadulu' in 26 episodes and allot time for telecasting the same, by giving first preference, as his application was the first application, so as to commence it from 8-9-1995 (which happens to be the birthday of the author'Of the novel) without any resort to draw by lottery for allotting time slots.2. To appreciate the case of the petitioner, it is necessary to note a few facts of the case: It is not in dispute that in the month of July, 1991, the first respondent issued a notification inviting proposals from outside Television and Film Producers and qualified professional for consideration for telecasting the tele-films by the first respondent/Doordar-shan Kendra, Hyderabad, under the scheme described as 'New Sponsorship Scheme'. Such proposals invited pertain to 11 programme ca'tegories:--(a) Family Serials (b) C...
K. Ratnagireswara Rao Vs. Apseb, Rep. by Its Secretary and ors.
Court: Andhra Pradesh
Decided on: Mar-31-1995
Reported in: 1995(2)ALT184
ORDERLingaraja Rath, J.1. The relief claimed in this case is for issue of a direction to respondents 1 to 3 to absorb the petitioner in the Andhra Pradesh State Electricity Board (for briefly - Board) Engineering Service and setting aside the decision of APSEB communicated to the petitioner on 4-8-1992 to repatriate him to irrigation and Command Area Development Department.2. The undisputed facts are that the petitioner entered the services of the Electricity Department in 1964 as a Supervisor (Civil) and was posted in Sileru Project where he continued till 1977 when he was transferred to Vijayawada Thermal Power Station. The post was re-designated in 1979 as Additional Assistant Engineer (Civil). While continuing as such, the petitioner had applied to Andhra Pradesh Service Commission for appointment as a Supervisor in the P.W.D. Department. He was selected for the appointment and thereafter was treated as on deputation to the Electricity Department from the Irrigation and Command Are...
Maddula Nagasiromani and Maddula Ramakrishna Rao Vs. Subordinate Judge ...
Court: Andhra Pradesh
Decided on: Mar-31-1995
Reported in: 1996(1)ALT335
ORDERT.N.C. Rangarajan, J. 1. These writ petitions are directed against the order of the learned Subordinate Judge, Kovvur in Civil Miscellaneous Appeal No. 7 and No. 6 of 1990. 2. The petitioners had purchased 2 (Two) Acres and 38 1/2 cents of agricultural land each for Rs. One Lakh under Sale deeds executed on 28-3-1992. They presented the documents on the same day for Registration. The Sub-Registrar referred the matter to the District Collector for valuation of the property under Section 47A of the Indian Stamp Act. In that form he mentioned that there was a possibility of the land being used as house sites fetching higher value and therefore the value could be easily estimated at Rs. 5,95,200/-. On receipt of this information, the petitioner also filed an explanation in August, 1992 enclosing an Adangal Extract to show that the lands were actually cultivated and also giving certified copies of the property of two adjacent lands where they have been valued as agricultural lands only...
Yarlagadda Venkakka Choudary (Dead) and anr. Vs. Daggubati Lakshminara ...
Court: Andhra Pradesh
Decided on: Mar-31-1995
Reported in: 1996(1)ALT877
B.K. Somasekhara, J. 1. The judgment and decree of the learned Sub-Judge, Chirala (Mr. B. Eswara Reddy) in O.S.No. 61 of 1971 dated 9-3-1981 are challenged in this appeal. The suit was dismissed with costs. Obviously aggrieved by the judgment and decree, the appellants who are the plaintiffs in the suit preferred this appeal. The respondents are the defendants. There are two plaintiffs and 26 defendants in the suit. Defendant No. 1 died during the pendency of the suit and defendants 2 to 26 were brought on record as the legal representatives of defendant No. 1. Convenience warrants to refer the parties as plaintiffs and defendants. 2. The suit was filed of recovery of possession of the suit schedule lands, for past mesne profits for a period of three yea. s, for future mesne profits after enquiry, for costs and for such other reliefs as the Court may deem fit to grant in the nature of the case. The suit schedule lands are subjected to the plaint schedule as follows:(1) D. No. 346/3 Ser...
Commissioner of Income-tax Vs. Vijaya Family Trust and ors.
Court: Andhra Pradesh
Decided on: Mar-30-1995
Reported in: 1995(2)ALT774; [1995]215ITR939(AP)
Syed Shah Mohammed Quadri, J. 1. Out of the six appeals relating to three trusts, viz., Vijaya Family Trust, Kakinada, Uday Family Trust, Kakinada and Sowmya Family Trust, Kakinada, the above reference arises. The facts in all these cases are identical. For appreciating the question involved, we refer to the facts in Vijaya Family Trust. 2. One, G. Narayana Murthy, created a trust and appointed Sri K. Saradhy as a trustee. The beneficiaries of the trust are the children of the said Saradhy. The trust was created with a corpus of Rs. 10,000 with a provision that all further additions to the trust and all income arising thereof would also constitute the corpus. Some 11 persons made cash gifts of Rs. 2,29,000. The trustee accepted the amounts and treated them as part and parcel of the trust property and, accordingly, invested them. 3. For the assessment year 1980-81 in so far as the Sowmya Family Trust is concerned and for the assessment year 1981-82 in respect of the other two trusts, th...
K.V. Mallikarjuna Rao and Another Vs. Department of Home, and Others
Court: Andhra Pradesh
Decided on: Mar-29-1995
Reported in: AIR1995AP359
ORDER1. This is a public interest litigation initialed by two practising advocates espousing cause of judiciary for deleting the two offending scenes in the feature film 'Gentleman', which was produced in Telugu, Tamil and Hindi languages. The two offending scenes objected by the petitioners are: (1) the Judge presiding the Court stands up and says Namaskars to the Chief Minister when he enters the Court hall on being called at the instance of the hero, who was made accused and who accuses the Chief Minister, and (2) the statue of Goddess of Justice holding scales containing currency notes.2. The writ petition was admitted on 5-12-1994 and notices were issued to the respondents. As on that day, this Court (incidentally I was the admission Judge) was not aware of the said scenes and there was difficulty in passing orders without there being uncontroverted fact. Now a counter is filed sworn in by one Mr. D. Kailasa Prasad, Director, Central Board of Film Certification, 5th respondent her...
P.A.T.C. Limited Vs. Deputy Transport Commissioner and Secretary, R.T. ...
Court: Andhra Pradesh
Decided on: Mar-28-1995
Reported in: AIR1995AP335
ORDERSyed Shah Mohammed Quadri,J.1. The State Transport Undertaking of Tamil Nadu is the petitioner in this writpetition. This case has passed through several vicissitudes and this is the third journey of the petitioner to this court.2. On 9-10-1985, the petitioner was granted temporary permit to its stage carriage TML 2754 for a period of 7 days i.e., from 12-10-1985 to 18-10-1985 to ply during the Brahmotsavam at Tirupathi on the route Tirupattur to Tirupati. The said vehicle of the petitioner was subjected to check by Assistant Motor Vehicles Inspector at Reddigunta checkpost on 12-10-1985 at 6.55 P.M. It was noticed during the check that though the permit authorised only two singles a day, the vehicle was being plied for the third single and thus was making unauthorised trip without permit and without payment of tax. A show cause notice was issued to the petitioner on Nov. 14,1985 asking to show cause as to why tax and penalty should not be levied. After considering the explanation...
Commissioner of Income-tax Vs. S.R.M.T. Staff Association
Court: Andhra Pradesh
Decided on: Mar-28-1995
Reported in: [1996]221ITR234(AP)
Syed Shah Mohammed Quadri, J.1. At the instance of the Revenue, the following question is referred to this court under section 256(1) of the Income-tax Act, 1961, for opinion : 'Whether, on the facts and in the circumstances of the case and in law, the Appellate Tribunal was correct in holding that the amount received by way of advertising charges are voluntary contributions or donations and are not trading receipts ?' 2. The brief facts of the case are : The respondent is a registered society of the employees of S. R. M. T. Staff Association. It was registered on August 21, 1963. During the periods ending on December 31,1979, December 31,1980, and December 31, 1981, the respondent-association collected certain amounts from various businessmen for bringing out a souvenir requesting them to send their advertisements for publication in the said souvenir. Though the advertisements were collected during the period of three years, it appears that the souvenir was ultimately published in the...
Mohd. MoheinuddIn Farooqui Vs. Mohd. Abdul Hameed
Court: Andhra Pradesh
Decided on: Mar-27-1995
Reported in: AIR1995AP379; 1995(1)ALT708
ORDER1. Petitioner herein is a tenant. The respondent filed R.C. No. 602/93 on the file of the III Addl. Rent Controller, Hyderabad seeking eviction of the tenant from the petition schedule premises on the ground of wilful default in payment of rent. The respondent-landlord filed I.A. No. 784/93 under Section ti(l) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act (hereinafter, referred fo as the 'Rent Control Act') seeking a direction to the tenant-petitioner to deposit the arrears of amounting to Rs. 8,945/- for the period 18-8-1988 to September 1993 and a further sum of Rs. 6,600/-towards the rent-for the amenities provided. The Rent Controller allowed the I.A. by his order dated 16-7-1994 and directed the petitioner to deposit arrears of rent at Rs. 250/-per month from 18-8-88 to 20-6-1990 and at Rs. 285/- per month from 21-6-90 to 30-6-94 by 1-8-94. The petitioner was also directed to pay future rent at Rs. 285; - per month on the 5th of every succeeding month...
Commissioner of Income Tax Vs. J and J Dechane Laboratories (P) Ltd.
Court: Andhra Pradesh
Decided on: Mar-27-1995
Reported in: [1996]222ITR11(AP)
G. Bikshapathy, J. 1. The following questions have been referred to this Court by the Tribunal, Bench-B, Hyderabad, under s. 256(1) of the IT Act, 1961, for opinion : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that in respect of payments to the managing director of the assessee-company, though an employee, s. 40A(5) could not be applied but only s. 40(c) could be applied (2) Whether, on the facts and in the circumstances of the case, the Tribunal is correct in excluding the expenditure on free samples supplied to the doctors in working out the disallowance under s. 37(3A) of the IT Act, 1961 ?' Question No. 1 : 2. The assessee is a private limited company. The assessment years in respect of the issue under reference are 1978-79, 1979-80 and 1980-81. The reference case arises out of ITA Nos. 1563, 1575 and 1564/(Hyd) of 1982 on the file of the Tribunal. For the asst. yr. 1978-79, the managing director received salary of Rs...
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