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Andhra Pradesh Court September 1995 Judgments

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Sep 21 1995

Malleddi Prakasarao Vs. Margani Prem Gowri Devi

Court: Andhra Pradesh

Decided on: Sep-21-1995

Reported in: 1995(3)ALT771

ORDERMaithili Sharan, J.1. This is tenant's revision petition against the judgment and decree dated 27-1-1993 passed by the Appellate Authority under A.P. Buildings (Lease, Rent and Eviction) Control Act viz., Subordinate Judge, Rajahmundry in R.C.A. No. 20 of 1992.2. The brief facts lying in a narrow compass may be stated thus: The respondent, land-lady, filed R.C.C. No. 39 of 1980 in the Court of the Rent Controller (Principal District Munsif), Rajahmundry against the petitioner on 18-4-1980 under Section 10(2)(i) of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as 'the Act') for eviction of the petitioner on the ground that he had committed wilful default of the payment of rent amounting to Rs. 635 /- upto 31-3-1980. The tenant pleaded that the land lady had agreed to sell the suit premises to him for Rs. 18,000/- and he had paid Rs. 5,000/- as earnest money; the agreement is dated 1-9-79. On this basis, he pleaded that since there had alre...


Sep 18 1995

Commissioner of Income-tax Vs. Padma S. Acharya and ors.

Court: Andhra Pradesh

Decided on: Sep-18-1995

Reported in: [1996]218ITR215(AP)

S. Parvatha Rao, J.1. This income-tax case is preferred by the Revenue under section 256(2) of the Income-tax Act, 1961, for referring the following two question for the opinion of this court : '1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the onus to prove that the transfer was not effected as a device or ruse to convert the personal asset into money and evade tax on capital gains lies on the Revenue 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in not remitting the matter back to the file of the Income-tax Officer to examine whether the transfer was a device or ruse to convert personal asset into money and evade tax on capital gains ?' 2. Admittedly, the decision of the Supreme Court in Sunil Siddharthbhai v. CIT : [1985]156ITR509(SC) was rendered on September 27, 1985, after the order dated March 28, 1985, was made by the Income-tax Officer and after the asse...


Sep 18 1995

Tanuku Taluka Rice Millers and Dealers Association, Rep. by Its Presid ...

Court: Andhra Pradesh

Decided on: Sep-18-1995

Reported in: 1996(1)ALT7

P.S. Mishra, C.J. 1. Heard the learned Counsel for the appellant. The question 'Is a consumer of electricity entitled to choose payment of amount of consumption deposit or additional consumption deposit in Government security or National Savings Certificate, Bank guarantee etc., in lieu of the cash deposit as contemplated under 28.1 and 28.2 of the A.P.S.E.B. conditions of supply?' is the question raised in the writ petition. The Court has dismissed the said petition holding that the Electricity Board is entitled to demand cash deposit only. 2. In exercise of the powers conferred by Section 49 of the Electricity (Supply) Act, 1948 and of all contractual, statutory and other powers, the A.P. State Electricity Board has notified terms and conditions of supply of electrical energy and incorporated therein as Clause 28 as follows: '28. Consumption deposits:- 28.1 Initial Consumption deposit- 28.1.1 The consumer shall deposit with the Board a sum in cash equivalent to estimated three month...


Sep 18 1995

Hindusthan Petroleum Corporation Ltd. Through Its Regional Manager and ...

Court: Andhra Pradesh

Decided on: Sep-18-1995

Reported in: 1996(1)ALT190

N.Y. Hanumanthappa, J. 1. This is defendant's appeal, filed aggrieved by the judgment and decree dated 23-10-1987 passed by the Additional Chief Judge, City Civil Court, Hyderabad in O.S. No. 875, of 1985, decreeing the plaintiff's suit for eviction, arrears of rent and damages as prayed for in the plaint. 2. Facts not in dispute are that the schedule property belongs to the plaintiff, who leased out the same to the defendant under lease deed dated 19-7-1969 for a period of 12 years and 9 months, on a monthly rent at Rs. 760/ - per month, with a clause that if either of the parties wants to renew the lease, the same shall be as per the fresh terms and conditions, mutually agreed upon. During the currency of the lease period, the business of the defendant appellant was taken over and came to be vested in the Central Government by virtue of the promulgation of Esso (Acquisition of Undertakings in India) Act i.e., Act 4 of 1974 (for short 'the Act') The entire business including the right...


Sep 18 1995

Depot Manager, A.P.S.R.T.C. Vs. Industrial Tribunal-cum-labour Court, ...

Court: Andhra Pradesh

Decided on: Sep-18-1995

Reported in: 1996(1)ALT743

K.M. Agarwal, J. 1. With the consent of the learned Counsel for the parties, the writ appeal itself is finally heard. 2. This appeal is filed by the Depot Manager, Andhra Pradesh State Road Transport Corporation, Jangaon, Warangal District, against the order dated 25-10-94, of a learned Single Judge of this Court, vacating the interim stay granted by him on 21-3-94. 3. One T. Yadagiri was in the employment of the writ appellant as a Driver. His services were terminated with effect from 23-5-88 and therefore, he raised a dispute before the Industrial Tribunal (I.D. No. 57/91). During the pendency of the dispute., Yadagiri died on 21-2-92 and therefore, his legal representatives were brought on record. Ultimately, by award, dt. 20-8-93, the Tribunal was pleased to quash the termination order and to direct the Corporation to pay backwages for the period between 23-5-88 to 21-2-92 (date of death of the employee) to the legal representatives of the employee. At the same time, a further dire...


Sep 18 1995

Thangamma Mathew Musariparambil and ors. Vs. Mummidivarapu Venkata Nar ...

Court: Andhra Pradesh

Decided on: Sep-18-1995

Reported in: 1995(3)ALT292

S.R. Nayak, J.1. In an unfortunate accident which took place on 13-12-1984 involving the motor car owned by the appellant in C.M.A. 695/90 (O.P. No. 181/85) bearing Regn. No.KEF 1441 and the oil tanker (lorry) bearing Regn. No.ADJ 3049 owned by the respondent No. 1 and insured by the second respondent-Insurance Company in C.M.A. No. 1479/89 (O.P. No. 84/86) resulting in injury to the claimant-appellant in C.M.A. 1555/89 (O.P. No. 174/85) and death of one Musariparambil Skaria Mathew whose legal representatives are the appellants in C.M.A. No. 1479/89.2. The claimants-appellants in C.M.A. 1479/89 claimed total compensation of Rs. 4,00,000-00 for the death of bread earner in the family under several heads. The claimant-appellant in C.M.A. 1555/89 claimed total compensation of Rs. 3,00,000-00 under several heads towards the personal injury suffered by him, whereas the owner of the motor car owned by the claimant-appellant in C.M.A. 695/90 claimed compensation of Rs. 67,529-00 towards the ...


Sep 18 1995

Thangamma Mathew Musarip Arambil and ors. Vs. Mummidiv Arapu Venkata N ...

Court: Andhra Pradesh

Decided on: Sep-18-1995

Reported in: 1(1998)ACC324

S.R. Nayak, J.1. In an unfortunate accident which took place on 13.12.1984 involving the motor car owned by the appellant in C.M.A. 695/90 (O.P. No. 181/ 85) bearing Regn. No. KEF 1441 and the oil-tanker (lorry) bearing Regn. No. ADJ 3049 owned by the respondent No. 1 and insured by the second respondent-Insurance Company in C.M.A. No. 1479/89 (O.P. No. 84/86) resulting in injury to the claimant-appellant in C.M.A. 1555/89 (O.P. No. 174/85), and death of one Musariparambil Skaria Mathew whose legal representatives are the appellants in C.M.A. No. 1479/89.2. The claimants-appellants in C.M.A. 1479/89 claimed total compensation of Rs. 4,00,000.00 for the death of bread earner in the family under several heads. The claimant-appellant in C.M.A. 1555/89 claimed total compensation of Rs. 3,00,000.00 under several heads towards the personal injury suffered by him, whereas the owner of the motor car owned by the claimant-appellant in C.M.A. 695/90 claimed compensation of Rs. 67,529.00 towards ...


Sep 15 1995

Parvathi Vs. the Commissioner of Police and ors.

Court: Andhra Pradesh

Decided on: Sep-15-1995

Reported in: 1995(3)ALD654; 1995(3)ALT521; 1996CriLJ281

M.H.S. Ansari, J. 1. The above writ petition is filed by one Mrs. Parvathi w/o alleged detenue No. 1 and a relation of Mr. Raju, alleged detenue No. 2 and is the sister of Mr. Dharam Singh, alleged detenue No. 3 and Aunty of Mr. Sanjay, alleged detenue No. 4 and related to Mr. Vinodya, alleged detenu No. 5. It is alleged in the affidavit filed in support of the petition that Police Personnel belonging to the Crime team criminally trespassed into the huts of the petitioner on 18-4-1995 at 2.30 a.m. and assaulted the petitioner and her husband and her daughters and caused injuries to family members and took away Rs. 30,000/- which was kept in the house for the purpose of the marriage of the petitioner's daughters. Inspite of hues and cries made by the petitioner and the locality people, the Police arrested her husband along with other detenues 2 to 5 named above and took them away without bothering to tell the petitioner as to why her husband and other detenues were arrested. They were l...


Sep 15 1995

Totasri Rajani Vs. Superintendent of Police, Nalgonda and ors.

Court: Andhra Pradesh

Decided on: Sep-15-1995

Reported in: 1996(1)ALD(Cri)636; 1995(3)ALT479; 1996CriLJ436

ORDER1. This Writ Petition is filed on 25-11-1994 questioning the inaction on the part of the 1st respondent i.e., the Superintendent of Police, Nalgonda in not taking up the investigation in Crimme No. 90/93 under Section 354 of the Penal Code on the file of Nakrekal Police Station. 2. The specific allegation of the petitioner was that the 1st respondent has not taken necessary steps to get the crime investigated only with a view to save B. Ramulu Naik, the then S.I. of Police, Nakrekal Police Station. This Writ Petition was admitted on 29-11-1994 and notice was ordered on the application wherein the petitioner sought for a direction to the respondents 1 and 2 to complete the investigation in the above crime. 3. The respondents having come to know of the filing of the Writ Petition, served a final notice on 17-12-1994 on the petitioner under Section 156 of Criminal Procedure Code stating that the case is a false one. Thereafter, the petitioner seemed to have filed a private complaint,...


Sep 15 1995

Chief Engineer, Central Zone, Andhra Pradesh State Electricity Board, ...

Court: Andhra Pradesh

Decided on: Sep-15-1995

Reported in: 1996(1)ALT40; [1996(73)FLR1655]; (1996)ILLJ1121AP

Mishra, C.J.1. Heard learned counsel for the appellant. 2. Husband of the writ petitioner-respondent has been missing for more than a decade. She has been running from pillar to post seeking from the employer - Electricity Board - Compassionate appointment for herself or family pension. The Board, however, maintained that her husband was unauthorisedly absent for more than five years and for that reason his services stood automatically terminated. The Board gave no consideration to her for either compassionate appointment or family pension. The writ petitioner moved this Court. The Court has given a direction to treat her husband as legally dead and grant to her family pension and allowed the writ petitioner to make application for compassionate appointment and observed in case such application is filed by her, the Board shall give a sympathetic consideration. The Board has come in appeal before us. 3. The fallacy, however, in the stand of the Board starts from its case that the servic...


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