Andhra Pradesh Court July 1995 Judgments
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M. Ranga Mohan and ors. Vs. the Electoral Appellate Officer-cum-revenu ...
Court: Andhra Pradesh
Decided on: Jul-14-1995
Reported in: 1995(3)ALT300
ORDERM.N. Rao, J.1. The question at issue in these three inter-connected Writ Petitions is whether the electoral roll in respect of the gram panchayat of Mucherla, which attained finality on 1-1-1995, could be altered by the Electoral Registration Officer (Mandal Revenue Officer) and the Electoral Appellate Officer (Revenue Divisional Officer). The gram panchayat in question is Mucherla in Pedana mandal of Krishna district.2. Writ Petition No. 5694 of 1995 was filed by 31 persons. The case of petitioner Nos. 1 and 2 is that in the draft electoral roll published on 31-12-1994 their names were included; but the Revenue Divisional Officer who is the Electoral Appellate Officer, by his order dated 20-1-1995 on an appeal filed by one M. Ranga Mohan (5th respondent in Writ Petition No. 12469 of 1995), directed deletion of their names on the ground that they are not residents of the village. That order was passed, according to them, without affording them any opportunity to establish their cl...
Narsingh Singh Vs. Smt. Urmila Bai
Court: Andhra Pradesh
Decided on: Jul-14-1995
Reported in: 1995(3)ALT372
B.K. Somasekhara, J.1. This is a defendant's appeal. The respondent is the plaintiff in O.S.No. 246 of 1982 on the file of Additional Chief Judge, City Civil Court, Hyderabad. The judgment and decree of the learned Judge dated 15-1-1983 are challenged in this appeal. The convenience warrants the reference of the parties as the plaintiff and the defendant. The plaintiff claiming to be the landlady of the defendant in regard to the suit property filed the suit for possession and for recovery of the arrears of rent amounting to Rs. 8,700-00 and also for compensation for use and occupation at Rs. 300-00 per mensem from the date of the suit till the date of delivery of possession. The suit property should be styled as demised premises in the nature of the; suit and it is described as a plot of land measuring about 2,869 Sq, yards in Ward No. 14, Block No. 8, situate at Seethamata Temple, Kanika Adda,. Dhoolpet, Hyderabad. The defendant resisted the suit.2. The plaintiff is the wife of one L...
Great Eastern Shipping Co. Ltd. Vs. Food Corporation of India and anr.
Court: Andhra Pradesh
Decided on: Jul-13-1995
Reported in: 1996(1)ALT213; 1996(1)ARBLR542(AP)
P. Venkatarama Reddi, J. 1. These two C.M.As. (CMAs. 714/88 and 759/86) are directed against the common judgment in O.P. No. 229 of 1986 and O.P. No. 195 of 1986 on the file of Principal Subordinate Judge, Visakhapatnam. O.P. No. 195 of 1986 was filed under Section 14 of the Arbitration Act, 1940 by the Food Corporation of India (respondent herein) to make the award (Ex. A3) passed by the umpire on 6.7.1984 a rule of the court. O.P. No. 229 of 1986 was filed by the appellant herein under Sections 30 and 33 of the Arbitration Act to set aside the award. 2. The appellant entered into a contract with the respondent for transporting bulk wheat from the Port of Sydney (Australia) to the Port of Visakhapatnam and in connection therewith, a charter party agreement was entered on 1.9.1976. A part of the consignment of wheat was damaged. The damaged wheat was sold by the respondent and a sum of Rs. 54,108/- was recovered. The respondent called upon the appellant to make good the loss suffered b...
Pron Magnate (P) Ltd. Vs. Commissioner of Income Tax
Court: Andhra Pradesh
Decided on: Jul-13-1995
Reported in: [1996]219ITR138(AP)
Syed Shah Mohammed Quadri, J.1. In these three cases, the question referred to this Court under s. 256(1) of the IT Act, 1961 (hereinafter referred to as 'the Act'), is common. For appreciating the question referred to us, we shall extract the question in R. C. No. 67 of 1987 : 'Whether, on the facts and circumstances of the case, the assessee-company is eligible for allowance under s. 80J for the asst. yrs. 1980-81 and 1981-82 ?' 2. The assessees, which are carrying on the business of catching fish from the sea, claim deduction under s. 80J of the Act for different assessment years. On the ground that the assessees were operating trawlers for catching the fish, the ITO rejected their claim. The assessees then carried the matter in appeals to the CIT(A) and the same were also dismissed. Then second appeals were preferred before the Tribunal. The Tribunal noted that exactly on similar facts, the Bombay High Court held that the assessee is not entitled to the deduction under s. 80J of th...
The Commissioner of Provident Fund and anr. Vs. Dr. V.S.V. Ramesh, Thr ...
Court: Andhra Pradesh
Decided on: Jul-13-1995
Reported in: 1996(4)ALT887
Lingaraja Rath, J.1. The judgment of the learned Single Judge directing the appellants to pay enhanced rent of Rs. 30,000/- per month for the premises occupied by the 2nd appellant with effect from 10-11-1988 is assailed before us on the submission of a direction to pay enhanced rent to be properly the subject matter before a Civil Court to be urged, and should not be directed under the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.2. Mr. R.N. Reddy, learned Counsel for the appellants, has strenuously contended before us that the relationship between the parties being contractual, a variation in the terms of payment is outside the purview of the Court in its extra ordinary jurisdiction.3. Admittedly the 2nd appellant has been occupying the premises of the respondent No. 1 since 1981 under a sub-lease from one Ch. Nageswar Rao. It is the case of the respondent No. l,who came in Writ Petition No. 16805 of 1990 before this Court, that the sub-leas...
Deen Dayal and anr. Vs. M. Sambaiah
Court: Andhra Pradesh
Decided on: Jul-13-1995
Reported in: 1995(2)ALT565
ORDERY.V. Narayana, J.1. C.R.P. No. 3168 of 1993:This revision petition is filed by the defendants in OS. No. 524 of 1993 on the file of the II Additional Munsif-Magistrate, Warangal against the order dated 25-8-1993 made in LA. No. 762 of 1993.2. The brief facts of the case are: The plaintiff (respondent herein) filed the suit for specific performance of lease agreement dated 30-9-1988 executed by the defendants (petitioners herein). The plaintiff made the following averments in the plaint. He is the tenant of the defendants, living in their house on a monthly rental of Rs. 500/-. Subsequently the defendants filed R.C.C. No. 26 of 1983 before the Rent Controller, Warangal for the eviction of the plaintiff. Ultimately the matter was settled, resulting in the execution of the lease agreement dated 30-9-1988 executed by the defendants in favour of the plaintiff. Since the plaintiff suspected the bona fides of the defendants, he got issued a suit notice dated 31-6-1993. The defendants man...
Dr. M. Subbaiah, Representing His Minor Daughter, Kum. M. Jyothi Vs. t ...
Court: Andhra Pradesh
Decided on: Jul-12-1995
Reported in: 1995(2)ALT593
ORDERMotilal B. Naik, J.1. Petitioner is the father of minor girl Kum. M. Jyothi who seems to have appeared for the E AMCET-95 and has secured a rank of 2628. Petitioner claims that he is a member of Yanadi community which is recognised as Scheduled Tribe in the State of Andhra Pradesh. He states that his eldest daughter Kum. Sunitha appeared in EAMCET-92 and secured a seat in Osmania Medical College in Hyderabad and is studying her 4th year in MBBS Course. As per the requirement of the rules, the petitioner stated to have approached the first respondent for clearing the social status of the petitioner. He seems to have filed certain documents which would justify his claim to be a member of Scheduled Tribe. When he found certain difficulties, he approached this Court by way of a Writ Petition No. 675 of 1993 and this Court while admitting the writ petition on 28-1-1993 seems to have passed an order to the effect that the petitioner's eldest daughter to admitted in the I year MBBS Cours...
G. Narasimhulu Chetti and Others Vs. S. Pandurangaiah Chetti and Other ...
Court: Andhra Pradesh
Decided on: Jul-11-1995
Reported in: AIR1996AP24; 1995(3)ALT193
ORDERV. Rajagopala Reddy, J.1. This LPA arises out of the judgment and decree of the learned single Judge in A.S. No. 1772/84, dismissing the appeal though for different reasons and confirming the judgment and decree in O.S. No. 72/75 on the file of the Principal Subordinate Judge, Chittoor.2. Originally there were three plaintiffs. On the death of the 1st plaintiff, his legal representatives were brought on record as plaintiff No. 4 and defendants 6 and 7. Defendants 1 and 2 also died and their legal representatives were brought on record as defendants 8 to 16. Defendants 2 to 5 were the tenants of the suit property. The suit was for declaration of title to the suit property, which is a house and vacant site and for possession. The suit was dismissed by the trial court and in appeal the learned single Judge confirmed the trial court's decree and judgment, though for different reasons. Hence this Letters Patent Appeal by the plaintiffs.3. The facts are not in dispute. Two ladies Kamala...
Commissioner of Income Tax Vs. Vazir Sultan Tobacco Co. Ltd.
Court: Andhra Pradesh
Decided on: Jul-11-1995
Reported in: [1996]219ITR727(AP)
Syed Shah Mohammed Quadri, J. 1. In this reference under s. 256(1) of the IT 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 Tribunal was justified in law in holding that the assessee is entitled to a deduction under s. 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 s. 35CC of the IT Act, 1961, the assessee implemented the rural development programme between 1st Oct., 1977, and 30th Sept., 1978, which is the accounting period relevant to the asst. yr. 1979-80. It ...
Commissioner of Income Tax Vs. Minerva Talkies
Court: Andhra Pradesh
Decided on: Jul-11-1995
Reported in: [1996]217ITR591(AP)
Syed Shah Mohammed Quadri, J. 1. This reference is made under s. 256(1) of the IT Act, 1961 at the instance of the Revenue. The question referred to this Court is as follows : 'Whether, on the facts and in the circumstances of the case, the items in the agreement dt. 27th Dec., 1960, except 12 items mentioned in the Tribunal's order, can be considered as immovable properties and as such liable to tax as profits under s. 41(2) or capital gains under the IT Act, 1961 ?' 2. It arose on the following facts : The assessee is a registered firm. It was the owner of a cinema hall, viz., 'Minerva Talkies' at Viskhapatnam. The assessee agreed to sell the said talkies to another firm styled as 'Oriental Theatres'. Two agreements were executed between the parties, one covered for movable assets dt. 27th Dec., 1960, and the other dt. 28th Dec., 1960, regarding immovable assets. In the assessment year in question, viz., for 1962-63, the assessee filed a nil return. However, the ITO worked out the di...
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