Andhra Pradesh Court July 1995 Judgments
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Maliram Agarwal Vs. Ram Nivas Gupta and ors.
Court: Andhra Pradesh
Decided on: Jul-07-1995
Reported in: 1996(1)ALT199
Lingaraja Rath, J. 1. This appeal is directed against the order of the learned single Judge, Justice B. Subhashan Reddy holding C.C.C.A. Nos. 39, 41, 47 and 49 of 1994, : 1994(3)ALT473 to be maintainable before him and as being not necessary to be listed before a Division Bench. Since this is the only question urged, we have heard the counsels on both sides and this case is disposed of at the admission stage. 2. Bereft of unnecessary details, the facts are:- O.S. No. 856 of 1985 was filed on 22-7-1985 for specific performance of contract regarding sale of shops and residential portions on the first floor. The suit though instituted for higher valuation, yet only the third plaintiff pursued the suit for the relief claimed by him. The value of the property claimed by the 3rd plaintiff who is the respondent in the appeals was Rs. 1,52,000/- and the claim being decreed, C.C.C.A. Nos. 39, 41, 47 and 49 of 1994 have been preferred. All the appeals relate to the same shops and corresponding p...
V. Ramachandra Reddy and ors. Vs. the Government of Andhra Pradesh, Re ...
Court: Andhra Pradesh
Decided on: Jul-07-1995
Reported in: 1995(3)ALT203
N.Y. Hanumanthappa, J.1. These appeals, filed both by the land owners-Writ Petitioners and the State, are directed against a common order dated 24-2-1994 passed by the learned Single Judge of this Court in Writ Petitions Nos. 3956, 3957 and 3958 of 1991, ordering the respondents-State to pay compensation to the petitioners-land owners in respect of the cashew nut trees raised in the land acquired as estimated and fixed by the District Forest Officer, Nellore and to pay interest on the compensation from the date of receipt of the report of the Advocate Commissioner.2. So far as the Writ Petitioners are concerned, they are aggrived by that portion of the order of the learned Single Judge, which said that the petitioners are entitled for interest at the rate of 12% per annum on the compensation amount with effect from the respective dates of the reports of the Advocate- Commissioner in the respective Writ Petitions till the date of payment, and not directing the authorities to fix the com...
Jupudi Prakash and ors. Vs. the Registrar, Nagarjuna University and an ...
Court: Andhra Pradesh
Decided on: Jul-06-1995
Reported in: 1995(2)ALT479
ORDERMotilal B. Naik, J.1. In these three writ petitions, a common question is being agitated by all these petitioners and therefore, these three writ petitions are disposed of by a common order.2. All these petitioners claim that they were all candidates for B.A., B.Com. and B.Sc. and other faculties graduating themselves under the New Scheme Syllabus which was in vogue from 1980 onwards. From the year 1987-88, the respondent-University had introduced a Common Core Syllabus regulations for degree students as a result of which the pattern of syllabus and subjects were changed from that of New Syllabus Scheme in which the petitioners studied. It is stated by these petitioners that though the New Scheme Syllabus ceased to be in force from the academic year 1987-88 consequent upon the introduction of Common Core Syllabus, students who were graduating themselves under the new Scheme Syllabus were allowed to complete their backlog subjects under the New Scheme Syllabus. These petitioners ap...
Prasad and Co. Vs. the Superintending Engineer and ors.
Court: Andhra Pradesh
Decided on: Jul-05-1995
Reported in: 1995(3)ALT537; 1996(1)ARBLR692(AP)
P. Venkatarama Reddi, J. 1. This appeal under Section 39 of the Arbitration Act is directed against the judgment and decree passed by the II Addl. Judge, City Civil Court, Hyderabad in O.P. No. 124/84 which is an application filed under Sections 30 and 33 of the Arbitration Act by respondents 1 and 2 herein objecting to the award dated 1.10.1983 made by the arbitrator. The impugned judgment is a common Judgment in the aforesaid O.P. and O.S. No. 1514/83 filed by the arbitrator under Section 14(2) of the Act. The arbitrator a retired Chief Engineer was appointed by the court on an application under Section 8 of the Arbitration Act. The award was partly set aside in so far as Claim No. 3 was concerned and the rest of the award was made the Rule of the court. The court awarded interest at 6% per annum from the date of decree till the date of realisation. 2. The details relating to the disputed claims are : Claim No. 2. - Payment for the extra leads for rubble, sand metal. Amount of claim ...
Commissioner of Income Tax Vs. Bharat Television Pvt. Ltd.
Court: Andhra Pradesh
Decided on: Jul-05-1995
Reported in: (1998)146CTR(AP)58; [1996]86TAXMAN56(AP)
Syed Shah Mohammed Quadri, J. 1. Under s. 256(1) of the IT Act, 1961, the Tribunal referred the following questions of law as arising out of the order in ITA No. 1050/Hyd/1983, dt. 25th April, 1984 : '1. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in allowing the sales-tax penalty of Rs. 50,151 paid by the assessee under s. 36(3) of the Bombay ST Act as deduction under the IT Act for the asst. yr. 1979-80 2. Whether, on the facts and in the circumstances of the case, the Tribunal is correct in allowing the sales-tax penalty paid by the assessee holding that the payment was made wholly and exclusively for the purpose of business of the assessee ?' 2. The facts giving rise to these questions may be briefly noted here. In the asst. yr. 1979-80, for which the previous year of the assessee ended on 31st December, 1978, the question of deductibility of Rs. 50,151 which represented penalty under s. 36(3) of the Bombay ST Act fell for consideration. T...
A. Prabhakaran Vs. Vice-chancellor, University of Hyderabad and anr.
Court: Andhra Pradesh
Decided on: Jul-05-1995
Reported in: 1995(2)ALT638; (1996)ILLJ816AP
ORDERMotilal B. Naik, J.1. The petitioner assails the charge-memo issued to him on 18-1-1995 by the respondents on the grounds that simultaneous departmental proceedings cannot be taken against him till the finalisation of Criminal Case No. 32 of 1995 filed against him on the file of the Addl. Magistrate, R. R. District. 2. The learned counsel for the petitioners submits that the petitioner had been working as an assistant Registrar in the University and to the best of his ability he has been discharging his duties. Of late, he was asked to look after the welfare wing of the students and while doing so certain allegations were made against him as to the mismanagement of funds etc. along with five others. It is said that the misappropriation of funds was to the tune of Rs. 20 lakhs. Under this charge, as many as six persons are booked in the Criminal case No. 32 of 1995, three persons including the petitioner belonging to the University, one person working in the Sub-Treasury Office and...
D. Gangadhar and anr. Vs. Ch. Chakkara Reddy and anr.
Court: Andhra Pradesh
Decided on: Jul-05-1995
Reported in: 1996(1)ALT672
N.Y. Hanumanthappa, J. 1. This Writ Appeal raises a question regarding the scope and ambit of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (A.P.Act.No. 9 of 1977), hereinafter referred to as 'the Act'. One Mr. Dasari Obulesu was assigned with government land of Ac.4-16 cents in S.No. 524-2 situated at Nyamaddala Village of Anantapur District on 21-10-1955. He died later. On the ground of violation of conditions of grant, the same was resumed by the government on 6-7-1982, and was re-assigned to the 1st respondent. In the year 1988, an application was filed by the widow of late Dasari Obulesu, namely, Smt. Dasari Anjinamma, that the assignment was made in favour of her husband; that after his death, she succeeded to his rights; that when she sought for mutation of her name in the revenue records, she came to know that the land was resumed, but nevertheless, the land had been in her possession and that herself and her sons and daughters being heirs are entitled ...
P. Rama Krishna Vs. Commissioner, Land Reforms and Urban Land Ceilings ...
Court: Andhra Pradesh
Decided on: Jul-04-1995
Reported in: AIR1996AP106; 1995(3)ALT487
ORDERB.Subhashan Reddy, J. 1. This Writ Appeal is directed against the order of the learned single Judge confirming the orders passed by the authorities, be it primary or appellate, under the provisions of Urban Lands (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act'). The appellant holds urban properties within Vijayawada urban agglomeration. He was obligated to file a declaration and he did so. He had declared that he held 1 / 3rd share out of 4261 sq. mtrs. in T.S. No. 29/3 of Vijayawada; 1/3rd share in 919-74 sq. mtrs. with building thereon and 1 /3rd share in 167-23 sq. mtrs. with building thereon, both situated in Ward No. 22 of Vijayawada. The same was verified by the Officer concerned and a draft statement under Section 8(1) along with a notice under Section 8(3) of the Act were served on the appellant calling for his objections. In the said statement, 2854 sq. mtrs. in the first item, 290 sq. mtrs. in the second item and 57 sq. mtrs. in the third item ma...
Jayakrishna Panigrahi Vs. Smt. Surekha Panigrahi
Court: Andhra Pradesh
Decided on: Jul-04-1995
Reported in: AIR1996AP19; 1995(3)ALT207; I(1996)DMC335
ORDERP. Venkatarami Reddy, J.1. This appeal arises out of a petition (O.P.No. 10 of 1990) filed by the appellant herein in the Court of the Principle Subordinate Judge, Visakhapatnam, for passing a decree annulling the marriage between him and the respondent, or in the alternative to pass a decree for dissolving the marriage. The petition having been dismissed, the present appeal is filed by the appellant-husband. The appellant married the respondent on 26-11-1986 at Berhampur (Orissa State). It is the case of the appellant that he did not voluntarily agree for the marriage, and the consent was obtained by force as the parents of the appellant threatened to commit suicide if the alliance was not fixed. It is his further case that even the nuptial night ended with lot of unhappi-ness and frustration. The appellant states that he made it clear to the respondent-wife in the beginning itself that he was totally opposed to the idea of marriage with her and that he was not getting emotional ...
State of Andhra Pradesh Vs. Narsing Industries
Court: Andhra Pradesh
Decided on: Jul-04-1995
Reported in: [1996]101STC294(AP)
1. This tax revision case, under section 22(1) of the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the Act'), is directed against the order of the Sales Tax Appellate Tribunal in Tax Appeal No. 695 of 1986 dated February 3, 1987. The question that arose for consideration is : 'Whether, 'stoker coke' manufactured by the respondent from out of coal falls within the meaning of entry 1 of the Third Schedule to the Act ?' 2. The respondent is a dealer in coal and coke. In the assessment year in question the turnover of Rs. 11,40,366 was in respect of second sales of stoker coke. The assessee claimed exemption on the ground that the stoker coke falls within declared goods and, therefore, sales tax can be levied only at one point. The assessing authority allowed the exemption. However, the Deputy Commissioner (C.T.), in exercise of the powers under section 20(2) of the Act, revised the assessment made by the assessing authority and directed inclusion of the exempted turnover in the...
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