Andhra Pradesh Court January 1996 Judgments
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Polam Veerabhadra Rao Vs. the Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Jan-22-1996
Reported in: AIR1996AP308; 1996(2)ALT327
ORDER1. This writ petition is directed against the show cause notice dated 15-11-1995 in Ref. (B2) 1047/92 issued by the third respondent calling upon the petitioner to appear before the third respondent on 4-12-1995 in connection with the social status claim of the petitioner and also to file necessary explanation in that behalf.2. This Court while directing notice before admission, stayed all further proceedings pursuant to the impugned show cause notice, by an order dated 4-12-1995. However, when the matter came up today for extension of further time granted by this Court on 4-12-1995, this Court felt that the matter could be disposed of as the writ petition is directed only against a show cause notice.3. Sri Nalin Kumar, learned counsel appearing on behalf of the petitioner primarily contended that the petitioner was subjected to enquiries on earlier occasion also by the Criminal Investigation Department (C.I.D.)and a detailed report was also prepared by the said department. It is ...
Sivakoti Dasaradharam and Others Vs. Sivakoti Yoganandam and Others
Court: Andhra Pradesh
Decided on: Jan-22-1996
Reported in: AIR1996AP273; 1996(1)ALT306
1. The two Appeals Suits arise out of the common judgment and decrees dated 29-10-1983 made in O.S Nos. 207 and 264 of 1978 on the file of the Court of the II Additional Subordinate Judge, Vijayawada dismissing both the suits. The facts pleaded by the parties in the aforementioned two suits are many. Equally large number of documents were produced and marked by the parties in the trial court. But, I do not find any necessity to refer to the pleadings in detail. Similarly I do not find any necessity to refer to all the documents produced and marked by the parties in support of their respective cases. For the purpose of disposal of these two appeals only relevent and material facts be stated briefly as under: Sivakoti Lakshmi Narashimham and Hymavathi were the childless couple. Sivakoti Dasaradharam who is the plaintiff in O.S. No. 207 of 1978 is the adopted son of the couple and he was adopted somewhere in the year 1933. Prior to the marriage of Sivakoti Dasaradharam, Lakshminarasimhan ...
Majji Dharma Rao Vs. Goutu Syamasundar Sivaji and Others
Court: Andhra Pradesh
Decided on: Jan-22-1996
Reported in: AIR1996AP354
ORDER1. The petitioner is challenging the election of the first respondent as a member of the Andhra Pradesh Legislative Assembly from Sompeta 12 Assembly Constituency held on December 5, 1994. The petitioner is an elector from Makharajwala village of Sompeta Assembly Constituency. The Election Commission has issued a notification wherein the last date for filing nominations was fixed to November 8, 1994, scrutiny of nominations on November 9 and the date of election was December 5, 1994. Results were published on December 12,1994 declaring the first respondent as the returned candidate.2. The first respondent filed his nomination on November 8,1994 as a Telugu Desam Party candidate; while the second respondent filed his nomination on November 5, and respondents Nos. 3 to 8 have also filed their nominations on November 8, 1994. At the time of scrutiny of nominations on November 9, 1994, an objection was raised for accepting the nomination of the first respondent on the ground that he h...
S. Dashmantha Reddy and ors. Vs. State of Andhra Pradesh Through Publi ...
Court: Andhra Pradesh
Decided on: Jan-22-1996
Reported in: 1996(2)ALD21; 1996(1)ALD(Cri)484; 1996(1)ALT(Cri)424; 1996(2)APLJ133; 1996CriLJ1804
ORDER1. The accused, eight in number, in Calendar Case No. 114 of 1994 on the file of the Judicial Magistrate of First Class, Gazwel, Medak District, have filed these two petitions under section 482 of the Code of Criminal Procedure (for short 'the Code') to quash the case taken cognizance of against them by Sri P. Prabhakar, the then Judicial Magistrate of First Class, Siddibet, Medak District, for offences under sections 172, 173, 176, 177, 181, 182, 193 read with Sections 107 and 120B, I.P.C., on the complaint given by himself on 8-4-1994 under section 190(1)(c) of the Code. A-2, A-6, A-7 and A-8 are the petitioners in Criminal Petition No. 2498 of 1994. They are the practising advocates at Siddipet. A-1, A-3, A-4 and A-5 are the petitioners in Criminal Petition No. 2529 of 1994. A-2 is the advocate for A-1, A-5 is the sister of A-1. The interse relationship of other accused is not clearly stated in the complaint. 2. The facts, as culled out from the complaint, that are relevant for...
Commissioner of Income Tax Vs. Sri Venkateswara Timber Depot
Court: Andhra Pradesh
Decided on: Jan-22-1996
Reported in: [1998]230ITR675(AP)
Syed Shah Mohammed Quadri, J. 1. This income-tax case arises out of the penalty proceedings. The CIT, Visakhapatnam, filed this income-tax case under s. 256(2) of the IT Act, 1961 (for short 'the Act'), praying this Court to direct the Tribunal to state the case and refer the following as questions of law : '1. Whether, on the facts and in the circumstances of the case and in law the Tribunal was correct in holding that the provisions of Expln. 1 to s. 271(1)(c) do not apply disregarding its earlier finding that the credits have not been satisfactorily explained 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that telescoping of cash credits into the gross profit addition would not lead to the conclusion that there was concealment of income 3. Whether, on the facts and in the circumstances of the case and in law, the Tribunal was justified in limiting the levy of penalty under s. 271(1)(c) with reference only to two cash cred...
C.N. Shetty Vs. Hillock Hotels Pvt. Ltd. and ors.
Court: Andhra Pradesh
Decided on: Jan-22-1996
Reported in: [1996]87CompCas1(AP)
S. Dasaradha Rama Reddy, J.1. This is a petition filed by one of the shareholders of the first respondent-company, Hillock Hotels Private Limited, Visakhapatnam, under sections 397 and 398 of the Companies Act, 1956, alleging oppression, exclusion and mismanagement by the managing director, the second respondent, and other director, respondent No. 3. Respondent No. 2 is the managing director of the company, while the third respondent, his wife, is a director and respondent No. 4, their daughter and respondents Nos. 5 and 6, their sons are shareholders. 2. The averments in the petition are as follows : The authorised share capital of the company formed on May 13, 1980, was Rs. 10,00,000, divided into 1,000 equity shares of Rs. 1,000 each. The issued, subscribed and paid-up share capital as on September 30, 1985, was Rs. 1,10,000 divided into 110 equity shares of Rs. 1,000 each. The main object of the company, as per exhibit A-1 memorandum of association, is to carry on the business of a...
M/S. Poddar Projects Limited Vs. M/S. Krishna Metal Industries Private ...
Court: Andhra Pradesh
Decided on: Jan-18-1996
Reported in: AIR1996AP305
ORDER1. In this petition, filed on 15-12-1989 under Section 433(e) and (f) read with Section 439(1)(b) of the Companies Act for the winding up of the respondent-company, the petitioner alleges that in the course of business the respondent had purchased M. S. Ingots and billets and other materials worth Rs. 28,14,658.50 from it during the period from July, 1984 to December, 1986 and that the respondent is due as on 30-11-1989 in a. sum of Rs. 20,74,531.83 inclusive of interest at 24% per annum. The respondent failed to pay the amount in spite of repeated reminders. The petitioner issued statutory notice under Sec. 434(a) and (c) of the Companies Act on 11-11-1989 and the Company in its reply denied the liability. The respondent filed counter denying its liability to pay any amount and averring that the petitioner has waived its claim, that in any event, the claim is barred by limitation, that in order to overcome the bar of limitation the petitioner has filed this petition and that the ...
Poddar Projects Ltd. Vs. Krishna Metal Industries Pvt. Ltd.
Court: Andhra Pradesh
Decided on: Jan-18-1996
Reported in: [1996]86CompCas360(AP)
S. Dasaradha Rama Reddy, J.1. In this petition, filed on December 15, 1989, under section 433(e) and (f) read with section 439(1)(b) of the Companies Act, 1956, for the winding up of the respondent-company, the petitioner alleges that in the course of business the respondent had purchased M.S. ingots and billets and other materials worth Rs. 28,14,658.50 from it during the period from July, 1984, to December, 1986, and that the respondent is due as on November 30, 1989, in a sum of Rs. 20,74,531.83 inclusive of interest at 24 per cent. per annum. The respondent failed to pay the amount in spite of repeated reminders. The petitioner issued statutory notice under section 434(1)(a) and (c) of the Companies Act on November 11, 1989, and the company in its reply denied the liability. The respondent filed a counter denying its liability to pay any amount and averring that the petitioner has waived its claim, that in any event, the claim is barred by limitation, that in order to overcome the ...
Duggireddy Venkata Reddy Vs. District Judge, Ongole and anr.
Court: Andhra Pradesh
Decided on: Jan-18-1996
Reported in: 1996(4)ALD639; 1996(1)ALT841; 1996CriLJ2335
P.S. Mishra, C.J. 1. Heard learned counsel for the appellant and learned counsel for the respondent. Learned single Judge has noted the facts of the case in his judgment as follows :- 'The writ affidavit filed by the petitioner shows that he is the owner of a bus bearing R.T.O. Registration No. TNA 579 plying between Papinenipalli to Markapur. It is further alleged by the petitioner in the affidavit that on 17-3-1986 at about 9 p.m. when the bus was plying on its regular route, it was stopped by the Forest Official and found 0.25 cubic meters to Teak and 0.047 Cubic Metres of Battagenupu pieces in the bus. It is further stated by the petitioner that while the said bus was stopped at some bus stop, a passenger travelling in it calmly and quietly put forest produce in the bus even without the knowledge of the bus conductor and the bus driver and the said forest produce was recovered by the Forest Officials. It was further stated by the petitioner that he was not present in the bus at the...
Karri Satyanarayana and ors. Vs. Pichika Veerraju and ors.
Court: Andhra Pradesh
Decided on: Jan-18-1996
Reported in: 1996(1)ALT177
ORDERS.R. Nayak, J. 1. The petitioners, 8 in all, are the same in each of these seven Civil Revision Petitions. All the petitioners, in these Civil Revision Petitions, claimed to have entered into oral agreements of sale in respect of certain landed property with the respondents and their predecessors-in-title. The petitioners, to begin with, filed O.S. No. 145 of 1984 in the trial Court for specific performance of the alleged oral agreement of sale dated 30-11-1964. In that suit the petitioners claimed that they were put in possession of the land in question in pursuance of the said alleged oral agreement of sale dated 30-11-1964. The defendants denied the alleged oral agreement of sale as well as the alleged delivery of possession of the land in question in pursuance of the alleged oral agreement of sale. The trial Court, after due trial, dismissed the said suit. The plaintiffs agrrieved by the judgment and decree of the trial Court made in O.S. No.145 of 1984 have preferred A.S. No....
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