Andhra Pradesh Court March 1995 Judgments
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Y. Lalithamma Vs. the Special Tahsildar, Land Reforms
Court: Andhra Pradesh
Decided on: Mar-20-1995
Reported in: 1995(2)ALT89
P. Venkatarama Reddi, J.1. This revision is preferred against the order of the Land Reforms Appellate Tribunal, Kurnool in L.R.A.No.20 of 1992. The dispute arises out of the declaration filed by one Smt. P.ParvaJhamma in the year 1975 under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings Act. After due enquiry, it was determined that she held land of 2.1652 S.Hs in excess of the ceiling area. When a notice directing her to surrender surplus land was issued she surrendered an extent of land equivalent to 1.1766 S.H. and the surrender was accepted by an order passed on 7-6-1978. She was yet to surrender 0.9886 S.H. While so, Parvathamma died in the year 1984. Her daughters then put forward a claim that certain lands were given to them towards Pasupukumkuma' and therefore those lands have to be excluded from the holding of the original declarant in which case the original declarant had to surrender only 0.1920 S.H. The Land Reforms Tribunal allowed the application filed ...
Vankayala Veeraraghavulu Vs. Godavari Metral Rolling Mills Contractor' ...
Court: Andhra Pradesh
Decided on: Mar-20-1995
Reported in: 1995(2)ALT227
ORDERS. Parvatha Rao, J.1. This revision petition is preferred by the unsuccessful landlord against the order dated 9-10-1991 of the appellate authority under the Rent Control Act (Subordinate Judge), Rajahmundry rejecting his appeal R.C.A. No. 37 of 1989 and confirming the order dated 26-10-1989 of the Rent Controller (Principal District Munsif), Rajahmundry dismissing the eviction petition R.C.C. No. 72 of 1983 for evicting the respondent herein who is his tenant.2. The respondent is a partnership firm. It has been the tenant of the petition schedule building belonging to the petitioner herein, for a number of years. The petition schedule building is in Rajahmundry town. The respondent has been using the same for storing Copper, Brass, Zinc etc. materials.3. Tine petitioner sought eviction of the respondent under Section 10(3)(b) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Act') on the ground of bona fide personal requirement of the pe...
Thondepu Pharma Distributors Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Mar-18-1995
Reported in: [1996]218ITR694(AP)
G. Bikshapathy, J.1. This application is filed by the assessee under section 256(2) of the Income-tax Act, 1961, seeking a direction to the appellate Tribunal to refer the following question of law to this court for opinion : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in law in holding that the annuity of Rs. 1,26,000 paid to the Balaji Trust is not allowable as revenue expenditure in the hands of the firm ?' 2. The assessee is a partnership firm. The assessment relates to the assessment year 1985-86. The assessee claimed a sum of Rs. 1,26,000 as annuity payment to a trust, Balaji Trust. It was stated that one of the partners of the assessee-firm, T. V. Hanumantha Rao, entered into an agreement with Balaji Trust represented by Shri A. Parthasarathi. As per the terms of the agreement, he has agreed to hand over the distribution of goods manufactured by Sarabhai Chemicals and S. G. Pharmaceuticals to the assessee. It was also agreed t...
Commissioner of Income Tax Vs. Majjidunnisa Begum
Court: Andhra Pradesh
Decided on: Mar-17-1995
Reported in: [1996]221ITR189(AP)
Syed Shah Mohammed Quadri, J. 1. On the direction issued by this Court on the application of the Revenue filed under s. 256(2) of the IT Act, 1961, to state the case and refer the question of law, the Tribunal has stated the case and referred the following question of law : 'Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that the pension received by a widow of an ex-employee of the UNO is exempt from the IT Act ?' 2. The said question arose out of the orders of assessment for the asst. yrs. 1972-73 to 1975-76. The assessee is a widow of one late Shri Durvesh Alam Quadri, who was in the service of the United Nations Organisation (UNO) from 1961 and died in harness in 1965. His widow, the assessee, was granted pension from the United Nations Joint Staff Pension Funds. For the said years, she received Rs. 19,890 as family pension. Before the ITO she claimed exemption under s. 18(b) of Art. V of the United Nations (Privileges and Immunities) Act,...
Commissioner of Income Tax Vs. Smt. Majjidunnisa Begum.
Court: Andhra Pradesh
Decided on: Mar-17-1995
Reported in: (1997)137CTR(AP)263
SYED SHAH MOHAMMED QUADRI, J. :On the direction issued by this Court on the application of the Revenue filed under s. 256(2) of the IT Act, 1961, to state the case and refer the question of law, the Tribunal has stated the case and referred the following question of law :'Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that the pension received by a widow of an ex-employee of the UNO is exempt from the IT Act ?'2. The said question arose out of the orders of assessment for the asst. yrs. 1972-73 to 1975-76. The assessee is a widow of one late Shri Durvesh Alam Quadri, who was in the service of the United Nations Organisation (UNO) from 1961 and died in harness in 1965. His widow, the assessee, was granted pension from the United Nations Joint Staff Pension Funds. For the said years, she received Rs. 19,890 as family pension. Before the ITO she claimed exemption under s. 18(b) of Art. V of the United Nations (Privileges and Immunities) Act, 194...
M/S. I.T.C. Ltd. Vs. Deputy Chief Controller of Imports and Exports an ...
Court: Andhra Pradesh
Decided on: Mar-16-1995
Reported in: AIR1996AP162; 1995(2)ALT299a; 1996(81)ELT34(AP)
ORDER1. These two writ petitions filed by the same petitioner, i.e.. I.T.C. (Indian Tobacco Company) relate to the import and export policy of the Government.2. The petitioner is engaged in the manufacture and export of unmanufactured tobacco. For the purpose of export of unmanufactured tobacco, the foreign importers who import tobacco require the tobacco to be packed in corrugated fibre board boxes. As such, the petitioner had to import the same enabling him to export the tobacco mentioned above. By virtue of the import and _ .export policy for the period -- April, 1990 to March 1993 which contained in Volume 1 of Policy Book, if any material is imported for the purpose of manufacture and export after adding value, no duty is charged on import of such product. However, for this purpose, the importer would have to apply for an advance licence which would also mention the resultant produce in Part E of Duty Exemption Entitlement Certificate Book (DEEC Book). The advance licence would al...
Indian Tobacco Company Ltd. Vs. Dy. Chief Controller of Imports and Ex ...
Court: Andhra Pradesh
Decided on: Mar-16-1995
Reported in: 1995(2)ALT299
ORDER1. These two Writ Petitions filed by the same petitioner, i.e., I.T.C. (Indian Tobacco Company) relate to the import and export policy of the Government. 2. The petitioner is engaged in the manufacture and export of unmanufactured tobacco. For the purpose of export of unmanufactured tobacco, the foreign importers who import tobacco require the tobacco to be packed in corrugated fibre board boxes. As such, the petitioner had to import the same enabling him to export the tobacco mentioned above. By virtue of the import and export policy for the period-April, 1990 to March, 1993--which is contained in Volume-I of Policy Book, if any material is imported for the purpose of manufacture and export after adding value, no duty is charged on import of such product. However, for this purpose, the importer would have to apply for an advance licence which would also mention the resultant produce in Part-E of Duty Exemption Entitlement Certificates Book (DEEC Book). The advance licence would a...
K. Chalapati Rao and anr. Vs. State Bank of India, Bombay and ors.
Court: Andhra Pradesh
Decided on: Mar-16-1995
Reported in: 1995(2)ALT367
ORDERB. Subhashan Reddy, J. 1. The cause projected in these two writ petitions is similar. The point for consideration is whether the pension is a fundamental right traceable to Articles 16 and 21 of the Constitution of India or is a necessary corollary attached to the service. The petitioner in W.P. NO. 15806 of 1991 was a practising advocate and joined the service of State Bank of India - the respondent therein on 1-6-1974 at its local Head Officer at Hyderabad. He retired on 31-5-1991 after rendering 17 years of service and on attaining the age of superannuation. Though he was paid provident fund and gratuity as retiral benefits, he was to paid pension and that is the grievance in this writ petition. On 2-8-1991, he claimed pension which was declined by the respondent on 27-8-1991 by intimation. The declining of the request of the petitioner to grant pension was on the basis that the petitioner did not render a minimum of 20 years of service which is a condition precedent for the gr...
K. Unnikrishnan, Officer, Consultancy Cell, State Bank of Hyderabad an ...
Court: Andhra Pradesh
Decided on: Mar-16-1995
Reported in: 1996(2)ALT269
ORDERB. Subhashan Reddy, J.1. This Writ Petition filed by the Officers of State Bank of Hyderabad assails the action of the 1st respondent in treating respondents 2 to 105 as seniors over the petitioners and seeking refixation of seniority by quashing the Circular dated 17-9-1983.2. Advertisement was made in September, 1975 for appointment to the post of Probationary Officers in the services of the State Bank of India and its subsidiary Banks and the 1st respondent is one of such subsidiary Banks. Educational qualifications were prescribed and the mode of selection was by written test followed by interview. Petitioners and respondents 2 to 16 were among such personnel, who appeared for the said examination and were successful in the results announced on 1-9-1976. It is needless to mention that such selection, which was announced on 1-9-1976 was on the basis of merit of the candidates and accordingly the rankings were assigned. The selection was made by Central Recruitment Board and ran...
itc Ltd. Vs. Dy. Chief Controller of Imports and Exports
Court: Andhra Pradesh
Decided on: Mar-16-1995
Reported in: 1996(66)LC229(AP)
ORDERB. Subhashan Reddy, J.1. These two Writ Petitions filed by the same petitioner, i.e., I.T.C. (Indian Tobacco Company) relate to the import and export policy of the Government.2. The petitioner is engaged in the manufacture and export of unmanufactured tobacco. For the purpose of export of unmanufactured tobacco, the foreign importers who import tobacco require the tobacco to be packed in corrugated fibre board boxes. As such, the petitioner had to import the same enabling him to export the tobacco mentioned above. By virtue of the import and export policy for the period-April, 1990 to March, 1993--which is contained in Volume-I of Policy Book, if any material is imported for the purpose of manufacture and export after adding value, no duty is charged on import of such product. However, for this purpose, the importer would have to apply for an advance licence which would also mention the resultant produce in Part-E of Duty Exemption Entitlement Certificates Book (DEEC Book). The ad...
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