Andhra Pradesh Court March 1995 Judgments
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Bodepudi Seenu Alias Sreenivasa Rao and ors. Etc. Vs. the State
Court: Andhra Pradesh
Decided on: Mar-15-1995
Reported in: 1995CriLJ3331
Krishna Saran Shrivastav, J. 1. This appeal shall also govern the disposal of Criminal Appeal No. 652 of 1994. 2. These two appeals are directed against the judgment of II Additional Sessions Judge, Guntur passed in Sessions Case No. 127 of 1993, whereby all the appellants have been convicted under S. 148 of the IPC and each one of them has been sentenced to suffer rigorous imprisonment for a period of two years, A-1 to A-3, A-5 to A-8, A-10, A-12, to A-17 and A-20 have been convicted for committing the murder of deceased D-1 to D-3 and sentenced to undergo imprisonment for life on each count under S. 302 read with S. 149 of the IPC and A-5 has been convicted under S. 326 of the IPC for causing grievous hurt with a weapon of cutting and has been sentenced to suffer rigorous imprisonment for five years, while A-1 to A-3, A-6 to A-8, A-10, A-12 to A-17 and A-20 have been convicted and sentenced to suffer rigorous imprisonment for a period five years under S. 326 read with S. 149 of the I...
M. Shiv Raj Vs. the Ix Metropolitan Magistrate, Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Mar-15-1995
Reported in: 1995(1)ALT595; 1995CriLJ3272; II(1995)DMC1
ORDER1. The present Civil Revision Petition is filed invoking Article 227 of the Constitution of India seeking appropriate direction. 2. Petitioner is the husband. Second respondent is the wife. Respondents 3 and 4 are claiming to be the children dependent on the petitioner. 3. Earlier in the year 1977, the second respondent wife had filed Maintenance Petition in M.C.No. 63/77 under Section 125 of Cr.P.C. on the file of the V Metropolitan Magistrate seeking maintenance for herself and for her daughter the third respondent herein. The said M.C.No. 63/77 was allowed by the V Metropolitan Magistrate Court who granted maintenance directing the petitioner herein to pay Rupees 75/- per month to the second respondent-wife and Rs. 50/- per month to the third respondent-daughter. Later, this amount seems to have been enhanced to Rs. 100/- per month in favour of the wife and Rupees 75/- per month in favour of the third respondent-daughter. 4. It is alleged that the second respondent-wife again f...
Shaik Saidulu Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-15-1995
Reported in: 1995(2)ALD97; 1995(1)ALT(Cri)620; 1995CriLJ2984
Krishna Saran Shrivastava, J.1. The appellant has challenged his conviction under S. 302 of the IPC and sentence of imprisonment of life passed by the III Additional Sessions Judge, Guntur in Sessions Case No. 254 of 1994. 2. A resume :- There were two political factions in village Kasanupalli, one led by deceased Bolla Venkaiah and the other rival faction headed by one late Nelluri Pedaramaiah. The appellant-accused as well as acquitted accused persons A-2 to A-5 was in the party of late Nelluri Pedaramaiah. There was bad blood between these two factions. Late Nelluri Pedaramaiah was the brother of A-2 and cousin of A-3. About seven or eight years prior to the date of incident, Nelluri Pedaramaiah was murdered and the deceased Bolla Venkaiah was also tried along with other persons for committing his murder, but was acquitted. He was the Sarpanch of the village and the deceased Bolla Venkaiah was the Upa-Sarpanch. In the Gram Panchayat elections held about three or four months prior to...
Kum. A. Kalyani, Minor, Rep. by Her Mother, Smt. A. Jayasri Vs. the Ch ...
Court: Andhra Pradesh
Decided on: Mar-14-1995
Reported in: 1995(1)ALT654
Motilal B. Naik, J.1. Petitioner seeks a mandamus to declare the action of the respondents 1 to 3 for having granted admission in favour of the fourth respondent in the third respondent-College in the first year B.E., Course as unconstitutional and contrary to admission rules. A consequential direction is also sought to the respondents 1 to 3 to grant admission to the petitioner forthwith in the first year B.E. Course based on her ranking at the EAMCET-1994.2. Petitioner states that she appeared for the Engineering, Agricultural and Medical Common Entrance Test, 1994 (for short 'EAMCET-94') which was conducted on 22-6-1994.She secured 68.25 marks and she was assigned the rank No. 16551. After the declaration of EAMCET-94 results and allotting ranks to the participants, the second respondent has published a notification through newspapers and also through the media of radio and television informi all the candidates who are desirous of seeking admission to various B.E. Courses in terms o...
V.R. Ganti Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Mar-13-1995
Reported in: 1995(2)ALT431; [1995]216ITR48(AP)
Syed Shah Mohammed Quadri, J. 1. The question we are called upon to answer in this R.C. is : 'Whether, on the facts and in the circumstances of the case, the sum of Rs. 10,500 paid to the assessee by his employer as an ex gratia payment is liable to be taxed under the head 'Salary' under section 17 of the Income-tax Act ?' 2. It has come to be referred to this court in the following circumstances :- V. R. Ganti, the assessee, was an employee of Anglo French Drug Co. (Eastern) Ltd., Bombay, for short ('the employer'). On the ground of ill-health he chose to resign the job by tendering his resignation on November 6, 1981. While accepting the resignation, with effect from December 6, 1981, the employer paid to the assessee an amount of Rs. 10,500 (being salary for four months) as ex gratia in addition to the terminal benefits to which he has entitled under law. This amount was assessed to tax under section 17(3)(ii) of the Income-tax Act by the Income-tax Officer, in the order of assessme...
The Municipal Corporation of Visakhapatnam, Rep. by Its Commissioner V ...
Court: Andhra Pradesh
Decided on: Mar-13-1995
Reported in: 1995(2)ALT84
ORDERLingaraja Rath, J.1. The question that falls for consideration in this appeal is applicability of the provisions of Civil Procedure Code, more particularly that of Order 1 Rule 10 C.P.C. to the proceedings before the Special Court under the A.P. Land Grabbing (Prohibition Act) 1982 (Act 12 of 1982) (hereinafter referred to as the 'Act').2. The facts in nut-shell are that the appellant approached the Special Court under the Act complaining land grabbing by 21 personsof a patch of land to the extent of Ac.7-22 cents in the city of Vishakapatnam. The case pleaded before the Special Court was that the land originally belonged to 21 respondents, respondents 30 to 50 herein, but that it was acquired under the Land Acquisition 30 Act, 1894, in the year 1956. In the land acquisition case, the award was duly passed and compensation was paid. Subsequently, respondents 30 to 50 applied for lay outs of the land and paid betterment charges. But the Municipality having found the land being acqu...
Commissioner of Income-tax Vs. Vazir Sultan Tobacco Co. Ltd.
Court: Andhra Pradesh
Decided on: Mar-11-1995
Reported in: (1995)126CTR(AP)387
Syed Shah Mohammed Quadri, J. 1. In this reference under section 256(1) of the Income-tax Act, 1961, the following question is referred to this court at the instance of the Revenue : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in holding that the assessee is entitled to a deduction under section 35CC in respect of the expenditure incurred by it prior to the date with effect from which the programme of rural development has been approved?' 2. The assessee is a company registered under the Companies Act, 1956, and is carrying on the business of manufacture and sale of cigarettes. With a view to take initiative for implementation of a rural development programme in respect of which the expenditure incurred is liable to be deducted from the total income under section 35CC of the Income-tax Act, 1961, the assessee implemented the rural development programme between October 1, 1977, and September 30, 1978, which is the a...
Qamar Sultana and Another Vs. Commissioner, Municipal Corporation of H ...
Court: Andhra Pradesh
Decided on: Mar-10-1995
Reported in: AIR1995AP230
ORDER1. This writ petition is filed for a declaration that the action of the respondents in demolishing the building bearing No. 6-3-661 / A (part) (Old number 6-3-661) situaiedin Kapadia lane, Somajiguda, Hyderabad, is illegal etc. The averments in the affidavit are that the petitioner No. 1 is the absolute owner of an extent of 300 square yards or 250 square meters of the premises bearing No. 6-3-661 / A (part) (Old number 6-3-661) situated at Kapadia lane, Somajiguda, Hyderabad. She purchased the same under a sale deed dated 24-12-1993 executed by one AbduJ Majid Khan son of Abdul Hameed Khan, on a stamp paper worth Rs. 50,000/-and submitted for registration. Ever since the purchase she was in possession of the same. The building is about 100 years old and hervendor paid all taxes up to 31-3-1994 to the Municipal Corporation of Hyderabad. The second petitioner is the husband of the first petitioner, is the registered General Power of Attorney holder of the vendor Sri Abdul Majeed Kh...
Registrar, University of Health Sciences, Vijayawada, Krishna District ...
Court: Andhra Pradesh
Decided on: Mar-10-1995
Reported in: AIR1995AP286; 1995(1)ALT859
ORDERB. Subhashan Reddy, J. 1.This writ appeal is directed against the judgment of the learned single Judge in W.P. No. 10607/ 1990 involving interpretation of the rules framed by the University of Health Sciences pertaining to the reservations for admission of the students into M.B.B.S. I Year. The University of Health Sciences has filed this appeal aggrieved by the judgment of the learned single Judge allowing the writ petition acceding to the prayer sought for by the 1st respondent i.e. the writ petitioner for admission into MBBS course in the reserved category for children of defence personnel (children of armed personnel i,e. children of ex-servicemen and defence personnel including the children of Border Security Force and Central Reserve Police residing in Andhra Pradesh). The 1st respondent is referred to as the petitioner and the appellant as the University.2. The petitioner belongs to Scheduled Castes. She appeared for EAMCET (Engineering, Agricultural and Medical Common Entr...
G.M. Mittal Stainless Steels Ltd. Vs. Nagarjuna Investments Trust Ltd. ...
Court: Andhra Pradesh
Decided on: Mar-10-1995
Reported in: 1995(2)ALT(Cri)410; [1997]90CompCas106(AP)
D. Reddeppa Reddi, J.1. These three petitions have been filed under section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), to quash the proceedings in Calendar Cases Nos. 101, 505 and 100 of 1993, on the file of the Fifth Metropolitan Magistrate, Hyderabad, which have been taken cognizance of under section 142 of the Negotiable Instruments Act, 1881 (for short 'the Act'). 2. The petitioner is a company registered under the Companies Act, 1956, and it is being prosecuted for an offence punishable under section 138 of the Act, on a complaint filed by the respondent, viz., Nagarjuna Investment Trust Ltd. When these petitions came up for admission, while ordering notice to the respondent before admission, interim stay was granted on October 19, 1994. On receipt of the notice, the respondent entered appearance and filed a petition in each case to vacate the interim stay dated October 19, 1994. When they came up for consideration before me, learned counsel appearing on e...
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