Andhra Pradesh Court November 1996 Judgments
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S. Venkat Reddy and ors. Vs. the Transport Commissioner of A.P. and or ...
Court: Andhra Pradesh
Decided on: Nov-14-1996
Reported in: 1996(4)ALT1032
M.N. Rao, J.1. This batch of cases is concerned the validity of the circular issued by the Joint Transport Commissioner and Secretary, Regional Transport Authority, Hyderabad in No. 36/54384/D1/95 dated 22-11-1995 by which, inter alia, the Assistant Secretaries who are permit issuing authorities in respect of the transport vehicles, were requested not to issue temporary permits for transport of factory employees collecting pro-rata tax inasmuch as the need is a regular one, and that they should collect quarterly tax in advance at the time of issue of permits and keep regular DCB and keep a watch on their movement during the periods when they are not covered by permit and book cases. The petitioners are the owners of motor vehicles popularly known as 'Idle Contract Carriages'. They are not covered with permits to ply either as stage carriages or contract carriages for any fixed period. As and when a temporary need arises, the owner would obtain a permit under Section 87 or 88(8) of the ...
Commissioner of Income-tax Vs. Vander C.C. Malen and ors.
Court: Andhra Pradesh
Decided on: Nov-13-1996
Reported in: (1997)142CTR(AP)26; [1997]225ITR41(AP); [1998]98TAXMAN89(AP)
M.N. Rao, J.1. In respect of the asst. yr. 1976-77, at the instance of this Court, the following question was referred by the Tribunal for the opinion of this Court : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the boarding and lodging expenses met by the employer were granted to meet the expenses wholly, necessarily and exclusively incurred in the performance of the duties and the same was not taxable under the provisions of s. 10(14) of the IT Act, 1961 ?' 2. The above question comprehends three assessees, Dutch nationals, deputed to work in India at the relevant time on the ship named 'Jagsevak'. During their stay in India, their employer had met their boarding and lodging expenses directly as indicated below : '1. Mr. Vander C. C. Malen Rs. 200 per day x 96 Rs. 19,2002. Mr. L. E. Martens Rs. 200 per day x 53 Rs. 10,6003. Mr. Stock Leender Rs. 200 per day x 67 Rs. 13,400'.The ITO, with reference to the asst. yr. 1976-77, tr...
The Motor General Finance Ltd., Rep. by Its Branch Manager Vs. Manager ...
Court: Andhra Pradesh
Decided on: Nov-13-1996
Reported in: 1996(4)ALT1197
B. Sudershan Reddy, J.1. The petitioner in the instant writ petition prays for an appropriate writ particularly one in the nature of Mandamus declaring the action of the 2nd respondent in proceeding No. 3639/90/S-4, dated 23-12-1995 and also Telegraphic Message dated 21-1-1996 in insisting the payment of Rs. 96,491/- from the 1st respondent towards the encashment of Bank guarantee, as wholly arbitrary, highly illegal, unjust and unconstitutional, and contrary to the orders passed by this Court in W.P. No. 26317 of 1995 dated 22-11-1995 and 19-12-1995 and also the provisions of the A.P. Forest Act.2. The lorry bearing No. AP-16T6368 which was financed by the petitioner's company to one M.V. Satish Babu was seized by the Forest Range Officer on 18-8-1990 on the allegation that the said vehicle was involved in a forest offence. The said Satish Babu and the petitioner herein participated in the proceedings before the Authorised Officer and submitted the explanation stating that the cleaner...
State of Andhra Pradesh and anr. Vs. G. Ananthaiah and ors.
Court: Andhra Pradesh
Decided on: Nov-12-1996
Reported in: 1996(4)ALT1067
R. Bayapu Reddy, J. 1. This revision petition is filed by the petitioners who are the respondents 1 and 2 O.P. No. 426 of 1989 on the file of the IV Additional Judge, City Civil Court, Hyderabad questioning the orders dated 26.12.1991 by which a sole arbitrator was appointed in the place of the panel of arbitrators who are respondents 3 to 5. 2. The first respondent herein is the contractor who had entered into an agreement bearing C.R. No. 98/90-81 dated 21-4-1981 with the second petitioner herein who is the Superintending Engineer, Irrigation Department, T.B.P., H.L.C. Circle, Ananthapur, for executing the work of excavation of Penna Ahobilam Balancing Reservoir Right Canal from K.M. 30.500 to 31.500. The value of the work to be done as per the terms of the agreement was Rs. 1,78,021/-. As per the terms of the agreement, the respondents 3 to 5 who are (i) The Chief Engineer, Roads and Buildings Department, Erramanzil, Hyderabad, (ii) The Deputy Secretary to Government, Finance and Pl...
Panchaiti Akhara Bara UdasIn Nirman, Rep. by Manager, Hanumandas Vs. S ...
Court: Andhra Pradesh
Decided on: Nov-12-1996
Reported in: 1997(1)ALT90
ORDERB. Subhashan Reddy, J.1. This writ petition has been filed seeking restraint on further proceedings in the matter arising Under Section 77(1)(d) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 (Act No. 17 of 1966) (hereinafter referred to as the 'Act').2. One Manthri Gangaiah has moved the Deputy Commissioner of Endowments, Guntur, second respondent herein by filing O.A.No. 46/1986 Under Section 77(1)(d) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 stating that Udasi Matam (Udasi Matam Swamy Temple) is a religious institution situated in old Guntur and that public worship is performed and alms are given to Bairagees and that the said Matam is being managed by Mahant and the property mentioned in the schedule was endowed by Mohd. Badsha in 1150 Fasli for the maintenance and support of the said Matam and that the said grant made by Mohammad Badsha was confirmed by the then Government in the year 1860 and ...
Nagendra Mohan Patnaik and ors. Vs. the Government of A.P. Rep. by Its ...
Court: Andhra Pradesh
Decided on: Nov-12-1996
Reported in: 1997(1)ALT504
ORDERP.S. Mishra, C.J.1. Writ Appeals 1272 and 1273 of 1996 were posted for admission and with the agreement of the parties they have been taken up for final hearing along with the batch of Writ Petitions, which have been filed questioning the vires of some of the provisions of the Andhra Pradesh Transplantation of Human Organs Act, 1995 (Act No. 24 of 1995). The Act was preceded by Ordinance called Andhra Pradesh Transplantation of Human Organs Ordinance, 1995. Since the Act has come into force, any reference to the constitutional vires of the provisions of the Ordinance is no longer necessary.2. Invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the petitioners have alleged that the Act has such provisions which violate Articles 21 and 14 of the Constitution of India and they, for the said reason, are ultra vires to the Constitution of India.3. Before we take up a brief prospecting into the provisions of the Act for appreciation of the objects of ...
Nalluri Veerraju Vs. Sri Kanchi Kamakshammavari Temple, Rep. by the Ch ...
Court: Andhra Pradesh
Decided on: Nov-12-1996
Reported in: 1997(1)ALT591
ORDERS. Dasaradharama Reddy, J.1. The respondent-temple obtained decree for recovery of possession on 8-11-1978 in O.S. No. 219/70 against the petitioner (second defendant) and the first defendant, of whom the petitioner was the tenant. The petitioner did not prefer any appeal; while the appeal filed by the first defendant in A.S. No. 179/79 was dismissed by the learned District Judge, West Godavari at Eluru on 7-5-1983. In December, 1994 (exact date is not available from the record) the respondent-temple filed E.P. No. 115/94 against the petitioner, as well as the first defendant. The petitioner filed counter taking the plea that the execution petition is barred by limitation Under Article 136 of the Limitation Act, as twelve years have elapsed from 8-11-1978. Without considering the objections taken by the petitioner, the Court below passed a docket order on 19-4-1996 setting the Judgment-Debtors ex parte and ordering delivery of possession. Against this docket order, the petitioner ...
Medavati Rama Krishna Reddy and Karri Venkata Reddy Vs. Peddada Sitala ...
Court: Andhra Pradesh
Decided on: Nov-12-1996
Reported in: 1996(4)ALT774
ORDERR. Bayapu Reddy, J.1. These two civil revision petitions are filed by the respective petitioners questioning the orders of the Principal District Munsif, Tadepalligudem who dismissed their petitions filed for attachment before judgment.2. The petitioner in C.R.P. No. 3994/94 is the plaintiff in O.S. No. 309/94 and he filed the said suit against the respondents herein who are the wife and children of one P. Amrutha Rao who had borrowed some amount from the petitioner under a pronote and subsequently died without discharging the debt and leaving behind the respondents as his legal heirs. The suit was, therefore, filed against the respondents for recovery of the pronote amount. He also filed I.A. 1668/1994 under Order 38 Rule 5 C.P.C. seeking attachment before judgment of the amounts due by way of gratuity, family benefit fund and group insurance amount to the deceased P. Amrutha Rao from the Principal of the Government College in which the deceased was working during his life time. ...
Nagender Trivedi Vs. T. Balaji Rao and anr.
Court: Andhra Pradesh
Decided on: Nov-12-1996
Reported in: 1996(4)ALT675
ORDERK.B. Siddappa, J.1. This revision is filed against the order passed in E.A.No. 384/1991 in E.A.No. 188/1990 in E.P.No. 23/1987 on the file of the Principal District Munsif, Kothagudem.2. The petition was filed under Sections 33 and 61 of the Indian Stamp Act r/w Section 151 of C.P.C. with a prayer to receive the agreement of sale dated 22-5-1986 which was duly executed on a (sic) worth Rs. 5/- in the evidence. The lower Court after considering the (sic) of the document came to the conclusion that it is an out and out sale and, therefore, it has to be stamped properly and penalty also has to be paid.3. Aggrieved by the said order the present revision is filed.4. The learned counsel appearing for the revision petitioner submitted that the document itself is described as agreement of sale. The document not only describes as agreement of sale but also that there is a balance of Rs. 600/- to be paid. There is a categorical recital that the balance should be paid and only afterwards get...
A. Hanumanth Reddy and anr. Vs. B. Jaswanth Singh Bhatia and ors.
Court: Andhra Pradesh
Decided on: Nov-12-1996
Reported in: I(1997)ACC549; 1996(4)ALT1079
ORDERB.K. Somasekhara, J.1. The award of the Motor Accidents Claims Tribunal, Secunderabad in O.P. 475/80 dated 5-7-80 is challenged by the claimants on the ground that the amount of Rs. 10,000/- awarded by way of compensation in a claim petition filed under Section 110-A of the Motor Vehicles Act, 1939 (for short the Act) for the death of the deceased Shankar Reddy is inadequate.2. The claimants are the parents of the deceased Shankar Reddy who died in the Motor accident that occurred on 13-5-1978 which is found to be due to the rash and negligent driving of lorry No. MHB 7881 by its driver respondent No. 2. Respondent No. 1 is the owner of the vehicle and respondent No. 4 is the Insurer. Finding the age of the deceased at 26 years and the age of the claimants at 59 years and 49 years respectively and holding that the family of the deceased and the claimants have some agricultural land and the family never lost anything by the death of the deceased and actually benefitted due to his d...
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