Andhra Pradesh Court August 1995 Judgments
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Hyderabad Steel Tubes Pvt. Ltd. Vs. Aktar Begum and ors.
Court: Andhra Pradesh
Decided on: Aug-31-1995
Reported in: 1997ACJ1011; 1996(1)ALD913; 1996(1)ALT628
ORDER1. This appeal is from the judgment of a learned single Judge of this Court in A.A.O. No. 833 of 1981 awarding a compensation of Rs. 16,800/- with 12% interest from September 20, 1977, the date of the accident, setting aside the order of the Commissioner for Workmen's Compensation in W.C. No. 41 of 1978 whereby the claim of the dependents of the deceased workmen was dismissed. 2. The appellant before us is M/s. Hyderabad Steel Tubes Private Limited. The deceased workman, Munceruddin, was employed in the appellant-factory as a Helper on a daily wage of Rs. 5/-. On September 20, 1977 he died. The allegation of the dependants of the deceased workman, respondents 1 to 5, is that Munceruddin died in the course of employment-he was asked to operate the crane and while doing so, he was electrocuted and fell down. When he was taken to Golconda Hospital by the management of the factory, the doctor declared him dead. The body was sent to Osmania Hospital for post-mortem examination. Ex. R-1...
Navodaya Traders Vs. Commissioner, Commercial Taxes, Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-31-1995
Reported in: [1998]111STC125(AP)
S. Parvatha Rao, J. 1. These special appeals are preferred by the same assessee questioning the orders dated December 9, 1987 of the Commissioner of Commercial Taxes, Andhra Pradesh, relating to the assessment years 1980-81, 1981-82 and 1982-83 respectively. The common question involved in these appeals is : 'Whether shell grit and mineral mixture dealt with by the assessee fall within the meaning of the term 'poultry feed' covered by entry 80 of the First Schedule of the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the Act') ?' 2. The Commissioner finds that the record showed that these commodities were used as supplementary diets to the poultry in combination with the other suitable ingredients necessary for the manufacture of poultry feeds. He does not find that they are used for any other purpose. In the circumstances, these special appeals are covered in favour of the assessee by the decisions of the division Benches of this Court in State of Andhra Pradesh v. Tirumalag...
Shaik Nabi and ors. Vs. Smt. N. Parijatha and ors.
Court: Andhra Pradesh
Decided on: Aug-31-1995
Reported in: 1995(3)ALT304
ORDERA. Gopal Rao, J.1. This Civil Revision Petition is filed under Section 91 of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as 'the Act'). The petitioners-herein were the respondents in Case No. B /23892 /82, on the file of the Mandal Revenue Officer, Malkajgiri Mandal, Ranga Reddy District. The respondents-herein are the legal representatives of one N. Krishna Reddy, who was the petitioner in Case No. B/23892/1982 before the Mandal Revenue Officer, Malkajgiri Mandal, Ranga Reddy District. Late Krishna Reddy filed the above-said petition before the Mandal Revenue Officer, Malkajgiri Mandal, under Section 40 of the Act for granting succession certificate of protected tenancy and also under Section 32 of the Act for delivery of possession of the land after evicting the respondents therein (petitioners-hereim).2. The facts, as disclosed from the petition filed by Krishna Reddypefore the Mandal Revenue Officer, are as follows: One L. Ella R...
V.C. Rajan and anr. Vs. the Presiding Officer of General Court Martial ...
Court: Andhra Pradesh
Decided on: Aug-30-1995
Reported in: 1996(1)ALT745
ORDERB. Sudershan Reddy, J. 1. The petitioners pray for an appropriate writ, order or direction to call for the records leading to and inclusive of the order passed by the General Court Martial, the 1st respondent herein dated 20-10-1986 as confirmed by the 3rd respondent herein on 16-3-1987. The petitoners in a nutshell pray for a writ of certiorari to quash the impugned Court martial proceedings. 2. The 1st petitioner joined the Indian Army on 11th February, 1971 and the 2nd petitioner joined the Indian Army on 17th August, 1971. The 1st petitioner, at the relevant time when the alleged incident of theft had taken place, was designated as Mechanical Transport Junior Commissioned Officer(MT JCO) and the 2nd petitioner was designated as Hawaldar. It is alleged that both the petitioners herein have committed theft of gas of 70 Mt., 400 litres of Rs. 2,904-00 value on 26-6-1985 and 2400 litres of DHPP 'N' valued at Rs. 8352-00 on 11-7-1985. Two charges were framed against the petitioners...
Commissioner of Income-tax Vs. United Housing Corporation
Court: Andhra Pradesh
Decided on: Aug-28-1995
Reported in: [1996]221ITR105(AP)
S. Parvatha Rao, J. 1. The Commissioner of Income-tax Act, Andhra Pradesh-I, Hyderabad, has approached this court by way of the present income-tax case under sub-section (2) of section 256 of the Income-tax Act, 1961 ('the Act', for short), having been unsuccessful in persuading the Income-tax Appellate Tribunal to refer the following two questions in R. A. No. 292/(Hyd) of 1988 before the Tribunal : '1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is correct in law in holding that no income, assessable under the head 'Income from business/profession' would arise in cases where the assessee-builders engaged in the business of construction of ownership flats in pursuance of an existing agreement and in lieu of full consideration received, handed over the possession of flats to the purchasers for occupation and unrestricted enjoyment of the same unless the flats are conveyed to them by registered sale deeds? 2. Whether, on the facts and in the circum...
D. Subhash Chandra Bose Babu Vs. Andhra Pradesh State Electricity Boar ...
Court: Andhra Pradesh
Decided on: Aug-28-1995
Reported in: 1995(3)ALT37; (1996)ILLJ726AP
ORDERMotilal B. Naik, J.1. Petitioner has approached this Court seeking a direction in the nature of certiorari, quashing the impugned Memo No. CEW/E1/P1/F.No. 6265/86-17, dated 18-7-1990 issued by the second respondent as illegal, arbitrary and unconstitutional. 2. Petitioner was an employee working as Sub-Overseer in the office of the second respondent at Warangal and had put in considerable service. While so, the respondent-authorities issued memorandum of Charge sheet against the petitioner alleging certain irregularities. Pursuant to the said charge-sheet, an enquiry officer was also appointed. The enquiry officer completed the enquiry and the report was also submitted to the disciplinary authority i.e., Superintendent Engineer, Operation Circle, Warangal. The Superintendent Engineer, Operation Circle, Warangal by his proceedings dated 25-6-1987 basing on the enquiry report, imposed the punishment of stop-page of four annual grade increments with cumulative effect in the time scal...
Mica Trading Corporation of India Ltd. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-28-1995
Reported in: [1996]100STC142(AP)
S. Parvatha Rag, J. 1. These eight tax revision cases are preferred by the assessee, i.e., Mica Trading Corporation of India Limited, Gudur, and relate to the assessment years 1976-77 to 1983-84. They all arise under the Andhra Pradesh General Sales Tax Act, 1957 ('the Act', for short). The goods dealt with by the assessee is mica which is item 6 of the Second Schedule to the Act and as such subjected to tax at the last purchase point. It is not in dispute that the assessee purchases mica within the State of Andhra Pradesh and exports the same. During the assessment years in question the assessee claimed exemption under sub-section (3) of section 5 of the Central Sales Tax Act, 1956 ('the Central Act', for short) read with section 38 of the Act in respect of the turnover relating to its purchases of mica which was exported by it. The Commercial Tax Officer concerned exempted the turnover relating to the purchases of mica made by the assessee within the State after the agreements or ord...
The Director of Agriculture Vs. the Commissioner of Civil Supplies (Ap ...
Court: Andhra Pradesh
Decided on: Aug-28-1995
Reported in: 1996(1)ALD(Cri)493; 1996(1)ALT510
ORDERT.N.C. Rangarajan, J. 1. This writ petition is directed against the order of the first respondent holding that the appeal filed before him was not maintainable. 2. The Inspector of Police, VCCS, Nizamabad, filed a complaint against the third respondent alleging contravention of the provisions of the Fertilizer Control Order, 1995. The Collector & District Magistrate, Nizamabad, held an enquiry under Section 6A of the Essential Commodities Act, and passed an order on 13-6-1995 holding that the samples drawn were found to be in accordance with the specification and the variation found in the stocks were marginal considering the permissible limits. Taking into account the fact that all the bags were not weighed, he decided that the confiscation of the stock equivalent to Rs. 30,000/- would be sufficient for the irregularities committed by the respondent. The Director of Agriculture, Andhra Pradesh, filed an appeal against this order on 26-7-1995 through his Counsel Mr. K. Ratna Prabh...
Rahim Khan and ors. Vs. Masjid Managing Committee, Rep. by Its General ...
Court: Andhra Pradesh
Decided on: Aug-25-1995
Reported in: 1996(1)ALT689
P. Venkatarama Reddi, J. 1. This group of CRPs arises out of an identical order passed in each of the I.As. in different suits filed by the respondent-plaintiff against the petitioners herein who are said to be the tenants of the plaintiff. The suits are filed for recovery of rents and for eviction. The petitioners herein filed applications under Section 151 CPC. seeking stay of the proceedings in the suits till the disposal of the writ petition (WP. No. 4376/90) pending in this Court. The petitioners submit that the decision in the said writ petition has a bearing on the issues arising in the suits. I am not concerned in these revisions with the question whether such an application is maintainable and whether there are legal grounds to stay the trial of the suits pending the said writ petition. 2. The I.As were disposed of by an identical order, by the learned XVII Asst. Judge, City Civil Court, in the following terms: 'The suit is of the year 1990. The Hon'ble High Court of A.P. dire...
Hindustan Petroleum Corporation Limited, Rep. by Its General Manager V ...
Court: Andhra Pradesh
Decided on: Aug-25-1995
Reported in: 1996(2)ALT510
P. Venkatarama Reddi, J.1. These two Civil Miscellaneous Appeals under Section 39 of the Arbitration Act arise out of a common order passed by the Principal Subordinate Judge, Visakhapatnam in O.P.Nos. 64 and 94 of 1992. O.P.No. 64/94 was filed by the respondent-contractor under Sections 30 and 33 of the Arbitration Act to set aside the award dated 25-2-1992 made by the sole arbitrator. O.P.No. 94 of 1992 was filed by the respondent herein under the same provisions for the same relief. Thus, both the appellant as well as the respondent objected to the award. The learned Subordinate Judge allowed both the O.Ps, set aside the award and appointed another retired District Judge as arbitrator to adjudicate the dispute between the parties. The operation of that judgment has been stayed by this Court, with the result, fresh proceedings have not commenced.2. The relevant facts are these :Pursuant to the acceptance of the tender on 26-9-1986, the work relating to 'Modification of Atmospheric an...
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