Andhra Pradesh Court July 1995 Judgments
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Surya and Co. Vs. Special Assistant Commercial Tax Officer and anr.
Court: Andhra Pradesh
Decided on: Jul-04-1995
Reported in: [1998]111STC768(AP)
M.H.S. Ansari, J.1. The above writ petition has been filed for declaration that the compounding fee collected pursuant to the order dated June 15, 1987 issued by the first respondent is illegal and is vitiated by coercion and consequently to direct refund of the same. Alternatively, it is contended that the composition amount collected from the petitioner cannot exceed Rs. 3,000 and consequently the excess amount collected over and above that amount is to be refunded to the petitioner. 2. The brief facts are that in February, 1987, the petitioner obtained a contract from the District Educational Officer and Secretary, Zilla Grandhalaya Samstha of Krishna District for supply of various goods such as paper, general goods pursuant to tenders called by the said authorities. The petitioner applied for registration in April, 1987 as dealer under the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the Act'). The registration was granted on April 28, 1987 but with effec...
R.B. Bharatha Charyulu Vs. R.B. Alivelu Manga Thayaru
Court: Andhra Pradesh
Decided on: Jul-03-1995
Reported in: AIR1996AP238
1. The defendant is the appellant. He suffered the judgment and decree at the hands of the learned VI Additional Judge, City Civil Court, Hyderabad in O.S. No. 827 of 1980 dated 31-8-1982. The suit has been decreed for possession of the suit property in favour of the plaintiff along with the relief of maintenanceamount at the rate of Rs. 400/- per mensem with costs.2. The plaintiff is the respondent. The parties would be referred to as the plaintiff and the defendant. The suit property is described as a house in the plaint. The respondent has resisted the appeal.3. The plaintiff and the defendant are the legally wedded wife, and husband. They married on 11-5-1966. They lived together a few months and did not pull on well together for certain reasons and the defendant took the plaintiff to her parents' house at Peddavuta-palli in Krishna District for Sankranti festival in the year 1968, visited her once in the year 1968 and thereafter, did not take her back. Since then they are not livi...
Commissioner of Income Tax Vs. Tirumala Bricks and Tiles Factory
Court: Andhra Pradesh
Decided on: Jul-03-1995
Reported in: [1996]217ITR547(AP)
Syed Shah Mohammed Quadri, J. 1. At the instance of the Revenue, the following question is referred to this Court for opinion under s. 256(1) of the IT Act, 1961 : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the subsidy received under G. O. Ms. No. 224, dt. 9th March, 1976, is not a trading receipt ?' 2. It would be necessary to note the facts giving rise to the question. 3. In the accounting year relevant to the asst. yr. 1980-81, the assessee received subsidy in a sum of Rs. 66,475 called investment subsidy. The ITO treated the subsidy as an addition to the net profits earned by the assessee and assessed the same accordingly. On appeal, the CIT confirmed the order of the ITO relying upon the judgment of this Court in CIT vs . Sahney Steel & Press Works Ltd. : [1985]152ITR39(AP) . The assessee went in appeal before the Tribunal. The Tribunal distinguished that judgment and held that the subsidy received was not a trading rece...
Vijaya Laxmi Vs. V. Vijaya Kumar
Court: Andhra Pradesh
Decided on: Jul-03-1995
Reported in: 1995(2)ALT712; I(1996)DMC218
S. Parvatha Rao, J.1. The appellant questions the order of the III Additional Judge, City Civil Court, Secunderabad dated 25.10.1988 dismissing I.A. No. 943 of 1988 filed under Order IX, Rule 13 of the Code of Civil Procedure ('the Code' for short) for setting aside the exparre judgment and decree dated 28.6.1988 in O.P. No. 218 of 1987.2. O.P. No. 218 of 1987 was preferred by the respondent herein for a decree of divorce dissolving his marriage with the appellant herein which took place on 24.5.1981. The docket notings in O.P. No. 218 of 1987show that it was being posted for enquiry from 18.12.1987 onwards and it was being adjourned from time to time. On 8.2.1988 it was adjourned to 12.2.1988 at the request of both sides. On 12.2.1988 P.W. 1 was examined in part and it was posted to 22.2.1988 for cross-examination of P. W. 1. Thereafter, it was posted to 1.3.1988 and it was adjourned to8.3.1988 as both were not ready. Thereafter, it was once again posted to 9.3.1988 and as both the pa...
Sri Sri Sri Jagannatha Swamy Varu, Rep. by Executive Officer, H.R.C.E. ...
Court: Andhra Pradesh
Decided on: Jul-03-1995
Reported in: 1996(2)ALT561
ORDERS. Parvatha Rao, J.1. The two Civil Miscellaneous Appeals have been preferred against the order of the learned Subordinate Judge, Rajam dated 26-12-1990 in I.A.No. 56 of 1990 in L.A.O.P.No. 39 of 1990 - C.M.A.No. 562 of 1991 by the deity Sri Sri Sri Jagannadha Swamy varu at Palakonda, represented by its Executive Officer, the first respondent/claimant in the said I. A.; and C.M.A.No. 818 of 1991 by the petitioners/claimants in the said LA. The parties will be referred to hereinafter as they were arrayed in the said LA.2. The petitioners in the said I.A. were tenants in respect of Hecs. 8.83 of wet land belonging to the deity i.e., 1st respondent in the I.A. In the acquisition proceedings in respect of the said land, they claim that they are entitled to a share in the compensation as statutory tenants in respect of the land acquired. On their claim under Section 30 of the Land Acquisition Act, 1894 ('the Act' for short), the Land Acquisition Officer referred the dispute to the deci...
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