Andhra Pradesh Court October 1996 Judgments
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Rudraraju Venkateswara Raju Vs. Court of the Subordinate Judge and ors ...
Court: Andhra Pradesh
Decided on: Oct-10-1996
Reported in: 1997(4)ALT653
ORDERSyed Saadatulla Hussaini, J.1. This Civil Revision Petition under Article 227 of the Constitution of India is filed questioning the order dated 20-9-1996 passed by the learned Subordinate Judge, Narsapur in I.A. No. 992/96 in O.S. No. 62/96.2. Mr. Ramachandra Rao, Senior Counsel for the petitioner submits that the order passed by the Ist respondent-Subordinate Judge, Narsapur is in gross violation of the provisions of law and as such unsustainable. He submits that the 2nd respondent-vendor has entered into an agreement of sale on 22-4-1995 in respect of lands measuring Ac. 16.77 cents in R.S. No. 202/1, 202/2B, 203/1A 202/2A and 202/3B of Serepalem village, Mogalthuru S.R.O., West Godavari District. He further submits that at the time of execution of the agreement, he paid Rs. 7,22,350/- as advance out of the total consideration of Rs. 9,22,350/- and that the 2nd respondent has handed over the possession of the lands at the time of execution of the agreement of sale. The petitione...
State of Andhra Pradesh Vs. Stencils and Stencils Ltd.
Court: Andhra Pradesh
Decided on: Oct-09-1996
Reported in: [1997]107STC253(AP)
ORDERSyed Shah Mohammed Quadri, J. 1. The State of Andhra Pradesh is the petitioner in this tax revision case, filed under section 22(1) of the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the Act). The petitioner challenges the validity of the order passed by the Sales Tax Appellate Tribunal in T.A. No. 669 of 1987, dated November 29, 1985. 2. The short question that arises for consideration, in this tax revision case, is whether stencil paper is taxable under entry 12 or entry 143 of the First Schedule to the Act. In the said order the Tribunal has taken the view, following its earlier order, that the turnover relating to the sale of stencil paper is taxable under entry 143 of the First Schedule. It is the correctness of this view that is assailed before us. 3. The learned Special Government Pleader for Taxes has cited number of decisions before us to press the point that stencil paper is not a paper within the meaning of entry 143 and that it should be brought under entry ...
D.N. Chandrasekhar Reddy Vs. Registrar (Management), High Court of A.P ...
Court: Andhra Pradesh
Decided on: Oct-09-1996
Reported in: 1997(1)ALT413
ORDERS. Parvatha Rao, J.1. This is case of a Head Clerk working in the II Additional Judicial Magistrate of First Class Court at Madanapalle, the petitioner herein. After exercising his right of relinquishing promotion while working at Munsif Magistrate's Court, Pakala and after it was accepted, he is trying to wriggle out from the predicament in which he is placed by the relinquishment. The letter of relinquishing dated 21-5-1993 addressed by him to the learned District Judge, Chittoor, the second respondent herein, is as follows:'I, Sri D.N. Chandrasekhar Reddy, Head Clerk of Munsif Magistrate Court, Pakala, beg to submit the following for your Honour's kind consideration.I humbly submit that due to my personal inconvenience I am unable to proceed on promotion.I therefore, humbly submit and request that I may kindly be permitted to forego my promotion, on personal grounds.'This was promptly accepted by the second respondent by his Proceedings L.Dis.No. 256/A/93 dated 27-5-1993 statin...
Ankinapalli Yanadamma and ors. Vs. G. Sreenivasulu Reddy and anr.
Court: Andhra Pradesh
Decided on: Oct-09-1996
Reported in: 1997(1)ALT259
B.K. Somasekhara, J.1. These six appeals sprout from the award and the decision of the Motor Accidents Claims Tribunal, Nellore in O.P. No. 327 of 1985 and the series, out of which the subject matters of the appeals are the O.P. Nos. 327, 328, 329, 425, 426 and 443 of 1985 respectively. The appellants are the claimants in the respective petitions filed Under Section 110-A of the Motor Vehicles Act, 1939 (for short 'the Act'). The respondents in the appeals were the two respondents before the Tribunal. All the petitions arising out of the same motor vehicle accident were tried together by recording common evidence and disposed of by means of common judgment by the Tribunal. Similarly, these appeals involving common questions of law and facts have been heard together and are being disposed of by means of this common judgment.2. The particulars of the respective claims are tabulated as herein:-Sl. O.P. No. Appeal No. Appellants Claim Award RemarksNo. (CMA) Rs. Rs.1. 327/1985 1137/1990 Cla...
K. Ramanjulu Kumar and ors. Vs. District Co-operative Central Bank Lim ...
Court: Andhra Pradesh
Decided on: Oct-09-1996
Reported in: 1996(4)ALT670
ORDERG. Bikshapathy, J.1. In this Writ Petition, the orders of the reversion passed on 6-5-1995 by the 1st Respondent are challenged.2. The facts leading to the case are that the petitioners were appointed as Peons and Attenders under the 1st Respondent Bank. They had put in long experience of 12 years to 28 years in the said posts. However, some of them acquired typewriting qualifications and also underwent Co-operative Training Diploma. According to the petitioners, 14 vacancies in the long term cadre and 28 vacancies in the short term cadre arose and number of Peons working in the establishments are qualified for promotion to the said post as on 31-10-1991. In fact some of the petitioners were asked to function as Typists, Clerks for more than 5 years. As per the relevant Rules, promotion to the post of Clerk/Typist, the employee in the category of Peon has to put in a minimum of five years service and should have passed S.S.C. Similarly, a Peon with Intermediate qualification and T...
Youth Welfare Federation Rep. by Its Chairman, K.J. Prasad Vs. Union o ...
Court: Andhra Pradesh
Decided on: Oct-09-1996
Reported in: 1996(4)ALT1138
Lingaraja Rath, J.1. Questions of deep significance, some of which in many respects are perplexing in nature have teen referred to this Bench in the context of consideration of the vires of Sections 10 and 22 of the Indian Divorce Act, 1869 (hereinafter referred to as 'the Act.').2. W.P. No. 9717 of 1983 was filed as public interest litigation raising the question of vires of the Sections. During the hearing of the case the learned single Judge felt the matter should be appropriately heard by a Division Bench as 'this case raises very important questions touching the personal law of the Christians as contained in 1 he Indian Divorce Act.' The learned Judge also felt that it is appropriate for the Court to hear representations of organisations of the Christian community including of women which should be vitally interested in the matter. Notices were issued to seven organisations whose names were ascertained from the Bar and permission was also allowed to any other person, organisation ...
Tavvala Veerabhadra Rao Vs. Bonam Venugopala Rao and ors.
Court: Andhra Pradesh
Decided on: Oct-09-1996
Reported in: 1997(4)ALT713
ORDERB.S. Raikote, J. 1. This Letters Patent Appeal is preferred by the original plaintiff in O.S.No. 43 of 1976 on the file of the Subordinate Judge Court, Rajahmundry. It was a suit for recovery of a sum of Rs. 16,000/- with interest and costs from the defendents on the allegation that the 1st defendent sold suit schedule -A property in favour of the plaintiff vide registered sale deed dated 18-4-1964 vide annexure A-1 for a consideration of Rs. 6,000/-; the B-schedule property were offered as security in the sale deed vide annexure A-1 towards the loss that may be caused to the plaintiff on account of any obstruction by any one at any time in future in respect of A-schedule property covered by the said deed. It is further alleged by the plaintiff that there is not only an obstruction to the title of the plaintiff but it is discovered that the defendents had no title to the property in as much as the plaintiff's vendor D.W.1 claimed to have got the plaint A and B schedule property un...
Commissioner of Income-tax Vs. Sri Krishna Motor and Engineering Works ...
Court: Andhra Pradesh
Decided on: Oct-08-1996
Reported in: [1997]228ITR347(AP); [1997]94TAXMAN117(AP)
M.N. Rao, J.1. In all these matters a common question concerning the interpretation of section 40(b) read with section 171(9) of the Income-tax Act, 1961, arises for our consideration. It is enough to state illustratively one question referred for the opinion of this court by the Income-tax Tribunal in R.C. No. 40 of 1988 which is as follows : 'Whether, on the facts and in the circumstances of the case and in law, the Appellate Tribunal was correct in holding that the interest of Rs. 21,170 paid by the assessee-firm in respect of amounts of share capital received by the son and daughter of Sri S. Krishna Rao as a result of partial partition on March 31, 1979, cannot be added under section 40(b) read with section 171(9) ?'2. The assessee in R.C. No. 40 of 1988 is a registered firm consisting of four partners. Two partners, Krishna Rao and Narayana Rao, had each 35 per cent. share in the profits and the remaining two partners, Pankajam and Sai Leela, each had 15 per cent. share in the pr...
Large-sized Co-operative Credit Society and anr. Vs. Labour Court and ...
Court: Andhra Pradesh
Decided on: Oct-08-1996
Reported in: 1996(4)ALT658; (1997)IILLJ442AP
1. These three writ petitions are inter-connected and hence are disposed of by common judgment. The parties are referred to in the judgment as they are arrayed in W.P. No. 10543/92, which is the main writ petition. The Large Sized Co-operative Credit Society, Gattududdenapally, Karimnagar District (for short the 'Society') obtained an award on April 20, 1982 from the Deputy Registrar of Co-operative Societies against the second respondent who was working as employee in the society in charge of the poultry section of the godown. The award was passed for Rs. 35,388-98 together with interest at 15% per annum from March 29, 1980, on the ground that the 2nd respondent was responsible for the deficit stocks found on March 23, 1980. The same was confirmed by Co-operative Tribunal in C.T.A. 2/82 on July 28, 1992. Earlier, he was removed from service on August 18, 1980 on this charge. Against this, he filed I.D. 513/87 in the Industrial Tribunal, Warangal, which was transferred to the Labour Co...
P. Naguru and anr. Vs. S. Krishnama Raju and anr.
Court: Andhra Pradesh
Decided on: Oct-08-1996
Reported in: 1996(4)ALT630
B.K. Somasekhara, J.1. The claimants who are the parents of the deceased Pallamal Dorairajan who died in a motor vehicle accident on 23-7-1984 due to the rash and negligent driving of the lorry bearing No. AAC 7594 by its driver while going from Malta in village to Srikalahasti, laid a claim for recovery of Rs. 80,000/- under Section 110-A of the Motor Vehicles Act, 1939 (the Act) in M.V.O.F.No. 217 of 1987 as against the first respondent, the owner of the lorry and second respondent, the insurer. The Tribunal having held an inquiry into the controversies raised by the contesting respondents held that the accident was due to rash and negligent driving of the vehicle by the driver of the lorry, that the claimants were entitled to recover Rs. 73,000/-by way of compensation but the claim petition cannot be allowed in view of the fact that the claimants failed to prove that the driver of the lorry had been authorised by the respondent No. 1 to carry the passengers including the deceased. A...
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