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Andhra Pradesh Court December 1996 Judgments

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Dec 04 1996

Tadi Adinarayana Reddy Vs. Union of India and ors.

Court: Andhra Pradesh

Decided on: Dec-04-1996

Reported in: [1997]90CompCas376(AP)

P.S. Mishra, C.J.1. The learned single judge [See page 376 supra.] has dismissed the writ petition mainly on the ground of maintainability and on being persuaded that the issues which are sought to be raised in the writ petition are raised before the Company Law Board. Having gone through the contents of the affidavit filed in support of the writ petition, we are, prima facie, of the view that one pertinent ground raised, for which an objection has been filed to add the Company Law Board as a party respondent in the petition, will be whether the Company Law Board has in any manner derelicted in the discharge of its duties in not disposing of the petition raising many serious issues as to the falsification of the accounts of the public limited company. Learned counsel for the respondent-company, however, has contended that a writ seeking a direction to the Central Government to appoint one or more competent persons as inspectors to investigate the affairs of a company and to report ther...


Dec 04 1996

N. Susheela Naidu Vs. Income-tax Officer

Court: Andhra Pradesh

Decided on: Dec-04-1996

Reported in: 1997(2)ALT92; (1997)142CTR(AP)563; [1997]225ITR506(AP); [1997]93TAXMAN570(AP)

M.N. Rao, J.1. The petitioner - Smt. N. Susheela Naidu, Correspondent, Vidyodaya School, Nimmanpalle Road, Madanapalle, Chittoor District - asks this court for a writ of prohibition and to quash the order passed by the Income-tax Officer, Ward No. 2, Chittoor, in S-1157/95-96, dated March 15, 1996, requiring her to show cause as to why penalty should not be imposed against her for the default committed by her under section 272A(1)(c) of the Income-tax Act, 1961, and that as her case was posted for March 19, 1996, for hearing, any failure on her part to appear on that day would result in imposition of penalty. In the impugned notice, it is mentioned that when the premises of the school were surveyed on March 13, 1996, under section 133A, the petitioner agreed to pay tentatively a sum of Rs. 1,00,000 (rupees one lakh only) towards income-tax for the earlier years and that summons was served upon her under section 131 for her personal presence and production of certain documents which wer...


Dec 04 1996

Depot Manager, Apsrtc Vs. K. Gangadhar, Ex-conductor and anr.

Court: Andhra Pradesh

Decided on: Dec-04-1996

Reported in: 1997(2)ALT189; (1998)IIILLJ885AP

ORDERP. Venkatarama Reddi, J.1. The Depot Manager, A.P.S.R.T.C., Nirmal Depot, has filed this Writ Petition questioning the award of the Industrial Tribunal-cum-Labour Court, Warangal in I.D. No. 139/1987 dated July 27, 1987.2. The 1st respondent is a Conductor employed in A.P.S.R.T.C. on a check of the bus which he was conducting on December 14, 1978, serious irregularities were noticed by the Checking Staff. The charges framed against the 1st respondent are as follows:(i) For violating the rule 'issue and start';(ii) Failed to collect the fare and issue tickets to six passengers who were found travelling without tickets from Bainsa to Mudhole Ex-Stages 13 to 17;(iii) Issued tickets to eight passengers of Rs. 1.80 denomination which were issued earlier and altered the Statistical Return.3. The Disciplinary Authority agreed with the domestic enquiry report and on an elaborate consideration held the charges proved on the basis of the evidence and material on record. The Disciplinary Aut...


Dec 04 1996

State of A.P. Rep. by the Prl. Secretary to the Government, Revenue De ...

Court: Andhra Pradesh

Decided on: Dec-04-1996

Reported in: 1997(1)ALT761

N.Y. Hanumanthappa, J.1. This appeal is directed against the order passed by the learned single Judge of this Court in Writ Petition No. 18385 of 1993 dated 27-7-1994.2. The ranks of the parties are referred to in this appeal as they were in the main writ petition before the learned single Judge.3. The petitioners filed the writ petition seeking writ, order or direction in the nature of prohibition or certiorari or Mandamus (i) restraining the respondents from taking any further proceedings in respect of Ac. 525-75 cents in S. No. 83 of Raidurg (Pan Maqta) village, Serilingampalle Mandal, Rangareddi district under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976; (ii) to declare that the land in S. No. 83 of Raidurg (Pan Maqta) village, Serilingampalle Mandal, Rangareddy district is neither urban land nor vacant land within the meaning of the Urban Land (Ceiling and Regulation) Act, 1976 and is not liable for determination or being dealt with under the provisions of ...


Dec 04 1996

K.K. Jose Vs. the District Registrar and anr.

Court: Andhra Pradesh

Decided on: Dec-04-1996

Reported in: 1996(4)ALT1137

ORDERS.V. Maruthi, J.1. This Writ Petition is filed for a direction to the respondents to fix the land value in Survey No. 455/B/A of Guntakal Village consisting of Ac. 4.91 cents as Agricultural land and to register the General Power of Attorney accordingly. The land covered by Survey No. 455/B/A was purchased by Sri. Atla Venkata Subba Reddy and Smt. C. Vijaya Meri by virtue of Registered Sale Deeds dated 13-11-1981 and 16-11-1981 for a consideration of Rs. 40,000/- and Rs. 30,000/- respectively. The lands are agricultural lands. The owners proposed to execute the General Power of Attorney in favour of the petitioner for the purpose of managing the same. Therefore they have filed an application before the Sub Registrar, Guntakal, requesting him to furnish the valuation certificate relating to tine said Survey No. The Sub-Registrar stated that as per the market value, guide-lines regarding the rate of Rs. 117/- shall be adopted per square yard in respect of Survey No. 455/B/A of Gunta...


Dec 04 1996

Karri Surya Sankaram Vs. Jarajapu Eswaramma and ors.

Court: Andhra Pradesh

Decided on: Dec-04-1996

Reported in: 1997(3)ALT191

ORDERA. Hanumanthu, J.1. The short point for consideration in this appeal is whether the appellant Surya Sankaram who sold the vehicle involved in the accident is liable to pay the compensation awarded to the injured in the motor accident which took place on .13-4-1984.2. The facts giving rise for this appeal are as follows:The 1st respondent herein is the daughter of the 2nd respondent. The 1st respondent is a minor and she is under the care and custody of the 2nd respondent. On 13-4-1984 at about 11-00 a.m. while the 1st respondent was proceeding on the road, a Scooter bearing No. ADN 1072 being driven by the 3rd respondent Parupudi Srinivasa Rao, came from behind and hit the 1st respondent and on account of it, she sustained injuries and she had taken treatment in the hospital. The police also registered a case against the 3rd respondent herein and it ended in his conviction. In the hospital, she was also treated by the Doctor P.W-1. The appellant herein is the original owner of the...


Dec 04 1996

G.K. Anjaneya Gupta Vs. Puttappa

Court: Andhra Pradesh

Decided on: Dec-04-1996

Reported in: 1997(3)ALT112

ORDERA. Hanumanth, J.1. This revision is preferred by Decree-Holder against the order dated 17-9-1991 passed by the learned District Munsiff, Hindupur in Anantapur District dismissing the E.P. No. 111/86 in O.S. No. 146/84 on the ground that Judgment-Debtor is entitled to the benefits of A.P. Act 45/87.2. The revision-petitioner G.K. Anjaneya Gupta obtained a money decree in O.S. No. 146/84 on the file of the District Munsiff, Hindupur against the respondent herein. In execution of that decree, he filed E.P. No. 111/86 for attachment and sale of the immovable properties of the judgment-debtor. The judgment-debtor filed a counter contending, inter alia, that he is a 'small farmer.' under the provisions of Act 45/87, that he is entitled for the. benefits under the said Act and the decree-debt should be deemed to have been discharged. He also pleaded that he owns and cultivates an extent of 0.83 cents of wet land and 0.71 cents of dry land and that he has got 5 sons and one daughter. Duri...


Dec 03 1996

Matta Surya Satya Prakasam Vs. the Collector and District Election Aut ...

Court: Andhra Pradesh

Decided on: Dec-03-1996

Reported in: 1996(4)ALT1122

C.V.N. Sastri, J.1. When this writ petition initially came up for admission on 23-9-1996, after hearing the learned counsel for the petitioner, we directed the learned Government Header for Panchayat Raj to file counter-affidavit within two weeks and to produce the records relating to the cessation of the membership of the petitioner and posted the matter to 8-10-1996 indicating that the writ petition will be disposed of finally. On 8-10-1996 at the request of the learned Government Pleader, we granted two weeks further time for filing counter- affidavit. The matter was again posted to 4-11-1996 from 29-10-1996. As no counter-affidavit was filed and as the records were also not produced, we heard the learned counsel for the petitioner and reserved judgment on 4-11-1996. While preparing the judgment, we noticed that there was no service of notice on the second respondent. We, therefore, directed the learned counsel for the petitioner to take out notice personally on the second responden...


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