Andhra Pradesh Court April 1995 Judgments
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The Government of Andhra Pradesh and ors. Vs. T.G.L. Groundnut Corpora ...
Court: Andhra Pradesh
Decided on: Apr-28-1995
Reported in: 1995(3)ALD226; 1995CriLJ4100; 1995(2)LS237
Lingaraja Rath, J.1. The appellant in Writ Appeal No. 1601 of 1988 (Reported in 1989 AP LJ (Cri) 25) was one of the petitioners in Writ Petition No. 10698 of 1988. The writ petition having been allowed so far as the other petitioner is concerned but having held, so far as the appellant is concerned while setting aside the Order of confiscation of seized articles, that the authorities shall proceed to make the enquiry under Section 6-A of the Essential Commodities Act afresh in respect of the seized articles and determine regarding the question of confiscation, he has preferred this appeal. The State has preferred Writ Appeal No. 1600 of 1988 assailing the success of the writ petition so far as the 2nd respondent in that appeal is concerned and also assailing some findings in respect of the 1st respondent i.e., the appellant in Writ Appeal No. 1601 of 1988. At the hearing stage however Mr. Ravichander, the learned Government Pleader frankly conceded, we think rightly, of not seriously p...
M.C. Dowell and Company Limited Rep. by Its Vice-president/Office Exec ...
Court: Andhra Pradesh
Decided on: Apr-28-1995
Reported in: 1995(2)ALT513
ORDERT.N.C. Rangarajan, J.1. These petitions arise out of the rejection of the applications for renewal of licences in Form D-2 and D-2 under The Andhra Pradesh Distillery Rules, 1970 and The Andhra Pradesh Brewery Rules, 1970.THE FACTS2. The common facts in all these cases can be briefly summarised as follows:The several companies before us are engaged in the manufacture of spirits and liquor. They are in possession of industrial licences (COB) issued by the Ministry of Industry, Government of India. They had also been issuing licences either in Form B-2 under The Andhra Pradesh Brewery Rules, 1970 or in form D-2 under The Andhra Pradesh Distillery Rules, 1970. The excise year ended on 30-9-1993 and accordingly, the licences given in B-2 and D-2 forms were to expire on 30-9-1993. Under Rule 6 of The Andhra Pradesh Brewery Rules, every licence shall ordinarily be for a period of one year and may be renewable at the end of each year on the application made on month in advance. Condition...
Samatha, a Rural Development Society Rep. by Its Executive Director, R ...
Court: Andhra Pradesh
Decided on: Apr-28-1995
Reported in: 1995(2)ALT233
ORDERY. Bhaskar Rao, J.1. Samatha, a Rural Development Society of Peda Mallapuram Sankhavaram Mandal, E.G. district filed writ petitions seeking a writ of mandamus directing respondents 1 to 4 to terminate the mining leases in existence in the Borram Gram Panchayat Area of Ananthagiri Mandal, Visakhapatnam district and to prosecute the persons responsible for violation, of Section 2 of Forest (Conservation) Act, 1980 and Section 3 of Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959.2. The petitioner-society was formed for implementation of various welfare schemes of the Government, creating awareness among the tribal people regarding their rights and duties etc.3. The village Borra is a village lying in Ananthagiri hills of Visakhapatnam in the north-west corner of S. Kota. The area is particularly characterised by occurrence of mica and crystallying limestone (calcite). the mining activity in the area was started, in the year 1946 and currently there are five organisation...
Kondeti Suryanarayana and ors. Vs. Pinninti Seshagiri Rao
Court: Andhra Pradesh
Decided on: Apr-28-1995
Reported in: 1995(2)ALT100
ORDERS.V. Maruthi, J.1. These three Civil Revision Petitions are disposed of by a common order.2. The interesting question involved in these Civil Revision Petitions is whether the landlord is entitled to seek eviction of the tenants under Section 12 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (in short 'the Act').3. The facts, in brief, are as follows:-The landlord filed eviction petitions seeking eviction of the three tenants who were in three shops situated in the North-Eastern corner of the landlord's site on the ground that there was wilful default in payment of rent and also on the ground that the landlord's family has been advised for the last several years that as per Vasthu Sastra on the North-Eastern corner shops should not be constructed and that on account of those shops on the North-Eastern corner untold misery and grievance and evil was caused to the family and on account of which the landlord's father and mother were bed-ridden for several years be...
Yerranchani Ramappa Reddy Vs. Mandal Revenue Officer and Another
Court: Andhra Pradesh
Decided on: Apr-26-1995
Reported in: AIR1995AP377
ORDER1. The petitioner is an alienee from the transferee of land in question, which was originally assigned in favour of the second respondent under Darkasth Rules. As per the proceedings in R. Dis, No. 1147 /1986 dated 31-12-1988, the first respondent directed restoration of land to the assignee, the second respondent herein, which is assailed in this writ petition.2. On Feb. 28, 1957 an exent of AC. 5-25 in survey number 13/1 in Kollalbylu village of Mandanapalie Revenue Mandal, Chittoor district was assigned in favour of the second respondent under Darkasth Rules. The second respondent alleges that while she was cultivating the land with the the assistance of Mr. Gudla Chinna Reddeppa and Mr. G. Gopal Reddy, they obtained her signature on a sale deed dated 27-12-1963 misrepresenting that it was only a lease deed. The consideration for the said sale is alleged to be Rs. 150-00. Mr. Gudle Chinna Reddappa sold one half of the land in favour of one Mr. Yerrajanu Rami Reddy for a conside...
Commissioner of Income-tax Vs. J and J Dechane Labs (P.) Ltd.
Court: Andhra Pradesh
Decided on: Apr-26-1995
Reported in: [1995]216ITR383(AP)
T.N.C. Rangarajan, J.1. The Appellate Tribunal has referred the following question for the opinion of this court : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that Part A of the Fourth Schedule of the Income-tax Act, 1961, and rule 75 of the Income-tax Rules do not apply to the contributions made under a scheme framed under the Employees' Provident Funds Act, 1952 ?' 2. In computing the income of the previous year relevant to the assessment years 1978-79 to 1980-81, the Income-tax Officer disallowed the contribution made by the assessee to the provident fund of its managing director on the ground that it was not a recognised provident fund. On appeal, this disallowance was confirmed. On further appeal, the Appellate Tribunal found that the provident fund is established under a statutory scheme and, therefore, no further recognition by the Commissioner was necessary under Schedule IV to the Act for the purpose o...
Hyderabad Tools (P) Limited Vs. Commissioner of Commercial Taxes, Andh ...
Court: Andhra Pradesh
Decided on: Apr-26-1995
Reported in: [1996]103STC553(AP)
Syed Shah Mohammed Quadri, J. 1. This special appeal is filed under section 23(1) of the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the Act'). The appellant is a dealer registered under the Act. For the assessment year 1976-77, the turnover of the appellant was assessed to sales tax. In so far as the disputed amount of Rs. 1,86,000 which is said to have been received by the appellant as commission from M/s. Navabharat Ferro Alloys Limited, the Commercial Tax Officer, VII Circle, granted exemption while passing the order of assessment on July 13, 1978. However, in exercise of powers under section 14(4), he chose to tax the said amount on the ground that it has escaped assessment and passed orders levying tax on the said amount on March 15, 1982. Aggrieved by the said order of the Commercial Tax Officer, the appellate filed an appeal before the Deputy Commissioner, Commercial Taxes (Appeals), Hyderabad-I Division. On June 16, 1982, the Deputy Commissioner (Appeals) allowed t...
K. Krishnan and ors. Vs. Tirumala Tirupati Devasthanams, Rep. by the E ...
Court: Andhra Pradesh
Decided on: Apr-26-1995
Reported in: 1995(2)ALT122
M.N. Rao, J.1. The appeal - A.S. No. 462 of 1991 - and the two civil revision petitions - C.R.P.Nos.1291 and 1292 of 1991-are inter-connected and so they are disposed of by this common judgment.2. The appeal, by the six defendants, is from the judgment and decree of the learned Additional Subordinate Judge, Tirupati in O.S. No. 146 of 1987 granting a declaration that the suit land admeasuring Ac.2-73 cents in T.S. No. 4042 corresponding to old Survey No. 405 is a religious inam i.e., 'devadayam' granted in favour of the 'Kurathalwar Devasthanams' situated in Sri Govindarajaswamy temple, Tirupati, for its support, which was subsequently, by operation of law, vested in the Tirumala Tirupati Devasthanams, the first respondent-plaintiff. The trial Court also held that the appellants should deliver vacant possession of the plaint schedule property to the plaintiff and that the plaintiff could seek eviction only by taking recourse to Sections 83 and 84 of the Andhra Pradesh Charitable and Hi...
Commissioner of Income-tax Vs. Bakelite Hylam Ltd.
Court: Andhra Pradesh
Decided on: Apr-25-1995
Reported in: (1995)127CTR(AP)46; [1996]217ITR469(AP)
B.S. Raikote, J.1. The Income-tax Appellate Tribunal, Hyderabad Bench 'B', has referred the questions mentioned hereunder to this court for opinion under section 256(1) of the Income-tax Act, 1961, vide its order dated January 23, 1986, passed in R. A. Nos. 317 and 318/ (Hyd) of 1983 in appeals I. T. A. Nos. 605 and 620/ (Hyd) of 1982 for considering the following questions, i.e., question No. 2 in R. A. No. 317/ (Hyd) of 1983 and question Nos. 3, 4 and 5 in R. A. No. 318/ (Hyd) of 1983 : Question No. 2 in R. A. No. 317/ (Hyd) of 1983 : '(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in holding that the sum of Rs. 47,104 representing fee for technical services constitute revenue expenditure allowable under section 37 of the Income-tax Act, 1961?' Questions Nos. 3, 4 and 5 in R. A. No. 318/ (Hyd) of 1983 : 'II (3) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the commi...
The Nizam Sugars Workers Union, Through Its General Secretary, K. Mysa ...
Court: Andhra Pradesh
Decided on: Apr-25-1995
Reported in: 1995(2)ALT91
ORDERKrishna Saran Shrivastav, J.1. Assailing the letter No.B/1425/94, dated 2-2-1995, of the Assistant Commissioner of Labour, Nizamabad, the petitioner seeks a Writ of Mandamus quashing the same on the ground that it is illegal, arbitrary and without jurisdiction.2. The case of the petitioner, in brief, is that the petitioner - Union was recognised as the Union in the month of April, 1994 and thereafter, a General Body meeting of the Union was convened on 11-4-1994 wherein one Sri Venkateswara Rao Desai was elected as the President, and the deponent, K. Mysaish was elected as the General Secretary. In addition to them, Vice-President, Treasurer, Joint Secretary, Chief Organising Secretary, Organising Secretary and Publicity Secretary, etc., were also elected. A list of office bearers was submitted to the management-third respondent. On the basis of a letter written by the fifth respondent that on 22-12-1994 a meeting of the General body was convened and that he was elected as the Gen...
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