Andhra Pradesh Court June 1995 Judgments
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The Registrar, High Court of A.P. and anr. Vs. B. Sanjeevaiah
Court: Andhra Pradesh
Decided on: Jun-23-1995
Reported in: 1995(2)ALT789
B.K. Somasekhara, J.1. The appellant No. 2 is the District Judge, Anantapur. Appellant No. 1 is the Registrar of the High Court of Andhra Pradesh, Hyderabad. Appellant No. 2 passed the impugned order of dismissal from service against the respondent in D.No.2/91, dated 22-1-1992 which came to be confirmed by appellant No. 1 in the appeal filed by respondent in Roc. No. 1797/92/C.Spl. (Con), dated 21-10-1992. The orders of the appellants were challenged by the respondent in W.P. No. 16668/1992. That writ petition was allowed by the learned Single Judge by his orders dated 25-10-1994 remitting back the matter to the appellant No. 2 for reconsideration of the question of penalty from that of the dismissal to any other reasonable penalty and that order of the learned single Judge is assailed in this writ appeal.2. At the relevant time, the respondent was working as the Head Clerk in the District Munsif's Court, Kadiri in Anantapur district. Surprise checks were made by the District Munsif o...
Dr. M. Ranganatham Vs. University of Health Sciences, Vijayawada and A ...
Court: Andhra Pradesh
Decided on: Jun-22-1995
Reported in: AIR1995AP341; 1995(2)ALT755
ORDER1. This writ petition seeks transfer of the petitioner's admission from M.D. (Dermatafogy) to M.D. (General) Medicine) course.2. The petitioner passed M.B.B.S., and appeared for Post Graduate Entrance Test May, 1993, and in July, 1993 he was given admission in M.D. (Tuberculosis and Chest diseases), but later on the ground that there has been some mistake in the ranking, he wasdirected to appear for the second selection. In the meanwhile, the entrance test itself was questioned by several candidates in certain writ petitions and there was a direction to review the rankings. The consequence was that the petitioner's rank came down to 60 and his option was, therefore, reduced. Accordingly, he was admitted to M. D. (Dermatology) in October, 1994. Subsequently, in December, 1994 and March, 1995, two candidates who have been admitted to M.D. (General Medicine) left the course. Therefore, the petitioner requested that in the vacancy caused, he should be given a transfer, but that reques...
Commissioner of Wealth Tax Vs. P. Babul Reddy
Court: Andhra Pradesh
Decided on: Jun-22-1995
Reported in: [1996]218ITR625(AP)
Syed Shah Mohammed Quadri, J. 1. Under s. 27(1) of the WT Act, 1957, the following question is referred for our opinion at the instance of the Revenue : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee is entitled to exemption under s. 5(1)(iv) in respect of the amount included in the assessee's net wealth representing the amounts paid to Nandam Construction Co. in respect of a flat given possession of to them ?' 2. To answer the question it would be necessary to note the relevant facts here. The assessee is an HUF. For the asst. yrs. 1977-78 and 1978-79, under the WT Act, the assessee included the value of the flat at Rs. 70,000 and Rs. 80,125 respectively. The assessee claimed exemption under s. 5(1)(iv) of the WT Act, on the ground that that was the only flat belonging to the joint family. Inasmuch as there was no registered document conveying the flat in favour of the assessee, the WTO did not allow the exemption u...
Sudhakar Oil Traders Vs. Assistant Commercial Tax Officer and anr.
Court: Andhra Pradesh
Decided on: Jun-21-1995
Reported in: 1995(2)ALT570; [1995]99STC401(AP)
S. Parvatha Rao, J.1. The petitioner is the proprietary concern of one P. Sudhakar, s/o. P. Rajalingam, aged about 24 years. Thus, P. Sudhakar is the petitioner actually and we will treat him as such for the purpose of the present writ petition. He is aggrieved by the inaction of the first respondent, i.e., Assistant Commercial Tax Officer of Osmangunj Circle, Hyderabad, in not issuing registration certificates under the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the Act') and the Central Sales Tax Act, 1956 (for short 'the Central Act') in the name of his proprietary concern although it has become a registered dealer by virtue of clause (c) of sub-rule (10) of rule 28 of the Andhra Pradesh General Sales Tax Rules, 1957 ('the Rules', for short). The petitioner seeks a writ in the nature of mandamus directing the respondents, the second respondent being the Commercial Tax Officer of Osmangunj Circle, to issue registration certificates to the petitioner under the Act and the ...
Harayana Steel Industries Rep. by Its Proprietor, Sri Ajay Kumar Bansa ...
Court: Andhra Pradesh
Decided on: Jun-21-1995
Reported in: 1995(2)ALT659
ORDERSyed Shah Mohammed Quadri, J.1. The petitioner is a company registered under the Companies Act. It is manufacturing M.S. re-rolling products, M.S. rounds, flats, angles and squares etc. by process of re-rolling by utilising iron scrap. For the assessment year 1989-90 sales-tax was assessed under the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the Act'). The order of the assessment was revised by the Deputy Commissioner and that order of revision is the subject matter of an appeal before the Sales-tax Appellate Tribunal. For the assessment year 1991-92 against the order of assessment the petitioner had filed an appeal before the Appellate Deputy Commissioner of Commercial Taxes and that appeal is pending. In regard to stay of recovery of the sales-tax for the said two years the petitioner has approached the Joint Commissioner and the Deputy Commissioner respectively and the said petitions are pending before the said authorities. While so, the petitioner filed this Writ P...
Bandarupalli Venkateswarlu Vs. Government of A.P. Rep. by Its Secretar ...
Court: Andhra Pradesh
Decided on: Jun-20-1995
Reported in: 1995(2)ALT851
ORDERB.K. Somasekhara, J.1. Since the decision in W.P.No. 7939 of 1994 would make the proceedings in W.P.No. 9860 of 1994 infructuous, both the matters, involving common questions of law and facts, are being heard together and they are being disposed of by means of this judgment to be rendered in W.P.No. 7939 of 1994.2. The petitioner was an elected Sarpanch of Dharmavaram Gram Panchayat of Addanki Mandal, Prakasam District. He has been removed from such a status by the impugned order passed by the 2nd respondent in the proceedings Roc.No. 3900/93 (Pts) Al, dated 24-2-1994 confirmed by the 1st respondentGovernment in its proceedings G.O.Rt.No. 532, Panchayat Raj, Rural Development and Relief (JRY. IV) Department, dated 18-4-1994. He was so removed on the charges of dereliction of duty, misappropriation of public funds and disobedience to the orders issued to him by the 2nd respondent. The petitioner has challenged the Telegram issued by the 1st respondent in Rc.No.3900/93 (Pts) Al, dat...
Msc Construction Co. Pvt. Ltd., Hyderabad Vs. Municipal Corporation of ...
Court: Andhra Pradesh
Decided on: Jun-19-1995
Reported in: AIR1995AP327; 1995(2)ALT614
ORDERSyed Shah Mohammed Quadri,J.1. Petitioner is a private limited company registered under the Indian Companies Act. It has been incorporated for the purpose of construction of buildings, flats and selling the same. One such venture undertaken by the petitioner is a building bearing Municipal No. 1-7-281 to 283/1. On that site, the petitioner constructed a commercial complex. The subject-matter of dispute, in this case, is demand for municipal tax in respect of the cellar of the complex, which is alleged to have been let out by the petitioner. The tax was assessed under the provisions of the Hyderabad Municipal Corporation Act, 1955 (for short 'the Act') with effect from 1-10-1989 and the arrears of tax till 31-3-1995 amounting to Rs. 1,57,464/- is now in dispute. In respect of the said demand, the petitioner seeks a Writ of Mandamus to quash the said demand notice.2. Notice before admission was taken by the learned Standing Counsel for ihe respondents and a counter-affidavit, is fil...
C. Nagarathnamma Vs. the District Panchayat Officer, Chittoor and Othe ...
Court: Andhra Pradesh
Decided on: Jun-19-1995
Reported in: AIR1995AP342; 1995(2)ALT397
ORDER1. This revision petition is filed by the plaintiff in O.S. No. 829 of 1994 on the file of the Prl. District Munsif, Tirupathi against the order dated 20-4-1995 made in I.A., No. 1913 of 1994 filed for grant of injunction restraining the defendants -- respondents to implement the Resolution No. 24/94 and in consequence cancellation Notice No. 5/94 dated 20-12-1994 of the fourth respondent.2. The facts leading to filing of this revision petition, in brief, are as under : The petitioner -- plaintiff filed the suit for a declaration, stay, injunction and for assessment of the reduced parking charges Of Rs. 8/- for auto from 9-5-1994 to 31-3-1995. Initially a temporary injunction was granted in the said I.A. After perusing the documents filed in the said I.A. and after hearing the learned counsel for both parties, the learned munsif vacated the interim injunction granted earlier and dismissed the said I.A. Aggrieved by the same the petitioner-plaintiff filed the present revision.3. Al...
Electronics Corporation of India Ltd. Vs. Hon'ble Labour Court-iii, Hy ...
Court: Andhra Pradesh
Decided on: Jun-19-1995
Reported in: 1995(2)ALT644; (1996)ILLJ693AP
ORDERS.R. Nayak, J. 1. Since this Writ petition is directed against an order made by the first respondent Labour Court in an interlocutory application, the Court felt it just and necessary to hear the learned Counsel for the authorities and dispose of the writ petition, though the W.V.M.P. No. 10345/95 filed in this writ petition was posted for hearing and orders today. Accordingly the learned counsel for the parties were heard. 2. The second respondent is a workman and the petitioner is the Management. The petitioner-Management held a domestic enquiry against the second respondent against alleged misconduct and after conducting enquiry removed the second respondent as a measure of punishment under the Regulations. Against the order of the Disciplinary Authority the second respondent raised an Industrial Dispute in I.D. No. 741/93 which is pending before the first respondent Labour Court. In the claim statement filed by the second respondent-workman the second respondent questioned the...
Suramalla Ramulu Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jun-16-1995
Reported in: 1995(2)ALT399; 1995CriLJ3259
ORDER1. Petitioners seek a mandamus to declare that the respondents are wholly responsible for the death of one S. Shankar, a convict undergoing life term in Central Prison, Chanchalguda, Hyderabad and consequently direct the respondents to pay a compensation of Rs. 2 lakhs to the petitioners. 2. Few acts are narrated hereunder for the purpose of appreciating the issues raised in this writ petition. 3. The Writ Petition is filed by three persons. Petitioner No. 1 claims to be the father of the deceased S. Shankar, petitioner No. 2 claims to be the mother and petitioner No. 3 claims to be the wife of the deceased S. Shankar, who are aged 60, 55 and 30 years respectively. 4. It is the case of the petitioners that said Shankar was undergoing imprisonment for life in the Central Prison, Chanchalguda, Hyderabad. On 11-8-1992, they received a telegraphic communication from the third respondent who is the Superintendent of Central Prison, Chanchalguda Jail, Hyderabad intimating the expiry of ...
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