Andhra Pradesh Court December 1996 Judgments
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Gopi Bar Vs. Commercial Tax Officer, Palakol
Court: Andhra Pradesh
Decided on: Dec-12-1996
Reported in: [1997]106STC188(AP)
Syed Shah Mohammed Quadri, J.1. The short question that arises for consideration in this writ petition, is whether an order directing refund of tax in implementation of the orders of the appellate authority can be passed after order under section 33-C of the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the Act') has been passed by the concerned authorities. 2. The question arises in the following circumstances. The petitioner approached the appellate Deputy Commissioner against the order of assessment for the years 1983-84, 1984-1985 and 1985-1986. The appellate authority allowed the appeal of the petitioner by order dated September 25, 1995. Complaining that the said order of the appellate authority has not been implemented, the petitioner filed this writ petition for a writ of mandamus directing the respondent to implement the order of the Appellate Deputy Commissioner (C.T.), Vijayawada dated September 25, 1995 in Appeals Nos. 36 of 1993-94; 40 of 1993-94 and 35 of 1993-94...
Manager, Oriental Insurance Company Limited Vs. Kothapalle Pauldas and ...
Court: Andhra Pradesh
Decided on: Dec-12-1996
Reported in: 1997(2)ALT15
B.K. Somasekhara, J.1. The Appellant is the Insurer/3rd respondent in the O.P. No. 293/87 on the file of the Motor Accidents Claims Tribunal, Tirupati. The award of the Tribunal dated 11-6-1990 is challenged. The respondents 1 and 2 herein who are the parents of the deceased Mohan Raj, who died in a motor vehicle accident which occurred on 19-9-1985, filed the claim petition under Section 110-A of the M.V. Act (for short, the Act), seeking compensation. The 3rd respondent herein is the owner of the RTC bus AAZ 8281 which was alleged to have been involved in the accident. The 4th respondent herein is the owner of the moped ADC 6225 which was alleged to have been involved in the accident and insured with the appellant herein. The Tribunal, during the enquiry, found that the accident was due to the negligence of the 4th respondent, the owner of the moped ADC 6225, and not due to the negligence of the driver of the RTC bus and having found that the moped was insured with the appellant/insu...
idl Chemicals Limited Rep. by Its General Manager (Hw), Sri B. Gopalak ...
Court: Andhra Pradesh
Decided on: Dec-12-1996
Reported in: 1997(2)ALT193
ORDERY. Bhaskar Rao, J.1. That batch of Writ Petitions is filed assailing the constitutional validity of Rule 3 read with Rule 5 of A.P. Factories Rules and the amendment of the Schedule under Rule 5 vide G.O. Ms. No. 154 dated 26-7-1994 increasing the licence fee payable under Rule 7(3) for obtaining licence and renewal of licence for the factories.2. The petitioners herein are the licencees of the factories in this State. They obtained licence under the Factories Act (the Act), 1948 by paying requisite fee upto 1987. The maximum licence fee levied was Rs. 10,000/- basing on the installation of Horse Power (H.P.) and man power, In the year 1994 the Schedule to Rule 5 was amended and there was a change in the slab system. The new slab system starts with 7,500 H.P. installation with 10,000 workers. The maximum installation of H.P. is 3 lakhs and above and the maximum man power is over and above 20,000. The maximum fee fixed is Rs. 18 lakhs. In the new schedule there is an increase of li...
Gajulavarthi Sugunamma and ors. Vs. Vallabhaneni Koteswararao and anr.
Court: Andhra Pradesh
Decided on: Dec-12-1996
Reported in: 1997(1)ALT539
B.K. Somasekhara, J.1. These two appeals arise out of the award of the Motor Vehicle Accidents Claims Tribunal, Guntur, in M.V.O.P. No. 319 of 1989 dated 9-8-90. CMA No. 113 of 1991 is filed by the claimants, whereas CMA No. 80 of 1991 is filed by respondent No. 2 Insurer, in the proceedings before the Tribunal. The claimants being wife and children of the deceased Yesurathnam, filed claim petition Under Section 110-A of the Motor Vehicles Act, 1939 (for short 'the Act'), for recovery of compensation of Rs. 87,500/- from respondent No. 1 owner of tractor-cum-trailer and respondent No. 2 Insurer of the vehicle alleging that the accident occurred due to rash and negligent driving of the vehicle by the driver, which resulted in the fatal injuries to the deceased. The accident occurred on 5-5-1988, whereas the deceased died on 10-5-88. The respondent No. 1 owner of the vehicle remained ex-parte, whereas the respondent No. 2 contested the claim. The Tribunal having held an enquiry into the ...
The Manager, Oriental Insurance Company Limited Vs. Kothapalle Pauldas ...
Court: Andhra Pradesh
Decided on: Dec-12-1996
Reported in: 1(1998)ACC99
B.K. Somasekhara, J.1. The appellant is the insurer/3rd respondent in the OP No. 293/87 on the file of the Motor Accident Claims Tribunal, Tirupati. The award of the Tribunal dated 11.6.1990 is challenged. The respondents 1 and 2 herein who are the parents of the deceased Mohan Raj, who died in a motor vehicle accident which occurred on 19.9.1985, filed the claim petition under Section 110-A of the M.V. Act (for short, the Act), seeking compensation. The 3rd respondent herein is the owner of the RTC bus AAZ 8281 which was alleged to have been involved in the accident. The 4th respondent herein is the owner of the moped ADC 6225 which was alleged to have been involved in the accident and insured with the appellant herein. The Tribunal, during the enquiry, found that the accident was due to the negligence of the 4th respondent, the owner of the moped ADC 6225, and not due to the negligence of the driver of the RTC bus and having found that the moped was insured with the appellant/insurer...
Anantha Sahu Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Dec-11-1996
Reported in: 1997(1)ALD356; 1997(1)ALD(Cri)356; 1997(1)ALT333; 1997(1)ALT(Cri)333; 1997(2)APLJ204; 1997CriLJ2357; 1997(1)LS207
1. The Criminal Appeal is filed by the accused in S.C. No. 32 of 1994 on the file of the Additional Sessions Judge-cum-Special Judge, Vizianagaram who by judgment and order convicted the accused under Section 8(c) read with Section 20(b)(i) of N.D.P.S. Act of 1985 and sentenced him to suffer rigorous imprisonment for a period of five years. 2. The accused was charged that on 11-9-1994 at about 5 p.m. near the railway gate situated about two furlongs on the north-west of Kothavalasa railway gate was found carrying one plastic bag containing 4 Kgs. of Ganja without any licence and such possession of Ganja is an offence punishable under section 8(c) read with Section 20(b)(i) of N.D.P.S. Act. 3. The case of the prosecution in brief is that on 11-9-1994 at about 5.00 p.m. while the Excise S.I., examined as P.W. 2, along with the Excise Inspector examined as P.W. 4, P.W. 1 and their staff were patrolling near Kothavalasa Railway Gate, the accused was found carrying a plastic bag. On seeing ...
Assistant Commissioner of Income-tax Vs. Thirumal Agencies and ors.
Court: Andhra Pradesh
Decided on: Dec-11-1996
Reported in: 1997(1)ALD(Cri)375; 1997(1)ALT(Cri)353; 1997CriLJ2610; (1998)145CTR(AP)249; [1997]227ITR671(AP)
1. This appeal is preferred by Revenue being aggrieved by the judgment and order dated 7-10-1973 passed by the Special Judge for Economic Offences. Hyderabad in C.C. No. 75 of 1989. By that order, the Special Judge for Economic Offences acquitted the respondent. It is under these circumstances, the Assistant Commissioner of Income-Tax has filed the present Appeal. The learned Standing Counsel strenuously contends that the impugned orders are illegal and the same are liable to be set aside. On the other hand, the learned counsel for the respondents strenuously supported the impugned orders. In order to appreciate the rival contentions of the parties, it is necessary to note brief facts of the case. Accused No. 1 is a registered firm and accused Nos. 2 and 3 are its Managing Partners and accused Nos. 4 to 8 are its active partners. The firm carried on business in cigarettes of I.T.C Limited at Vishakapatnam and also acted as whole sale Distributors for Voltes products and also carried on...
M. Veeranjaneyulu Vs. Soma Seetharamaiah and ors.
Court: Andhra Pradesh
Decided on: Dec-11-1996
Reported in: 1998ACJ1159; 1997(2)ALT119
B.K. Somasekhara, J.1. These two appeals are invoked against the award passed by the Commissioner for Workmen's Compensation, Eluru in W.C. No. 24 of 1989 dated 12-4-1990. C.M.A. No. 331/91 is filed by Opposite Party No. 3 whereas C.M.A. No. 353/91 is filed by Opposite Party Nos. 1 and 2. Respondents 1 to 4 in C.M.A. No. 331/91 who are the legal representatives of the deceased are the claimants before the Commissioner. The claimants sought compensation from the Opposite parties under Section 3 of the Workmen's Compensation Act (in short, the Act) alleging that one S. Katamraju was working as a helper under Opposite Party No. 2 on daily wages of Rs. 15/- and subsequently on monthly wages of Rs. 750/-, he was working under Opposite Party No. 3, a contractor in connection with the installation of transformers and laying of connecting lines since about one month prior to 12-1-1989 and while he was working as such, he fell down due to electrocution and succumbed to the injuries. Therefore, ...
Apsrtc, Rep. by Its General Manager, (Now Redesignated as M.D.) and an ...
Court: Andhra Pradesh
Decided on: Dec-11-1996
Reported in: II(1998)ACC266; 1997(2)ALT605
A. Hanumanthu, J.1. The Andhra Pradesh State Road Transport Corporation, represented by its General Manager, Musheerabad, Hyderabad, filed this appeal assailing the award dated 28-4-1989 passed by the Chairman, Motor Accidents Claims Tribunal (Addl. District Judge) at Nalgonda, under which a sum of Rs. 17,500/- has been awarded as compensation in O.P.No. 151 of 1988 to respondent Nos. 1 & 2 who are the parents of the deceased girl, Yadamma aged about 8 years who died in the motor accident which took place on 20 5-5-1988. The appellant, the 3rd respondent herein and the Insurance Company were ordered to pay the said amount jointly and severally to respondent Nos. 1 & 2 herein.2. The first respondent herein is reported to have been dead and no steps have been taken to bring the legal heirs of the first respondent on record, hence, the appeal against the first respondent abates. Though respondent Nos. 2 & 3 herein are served with notices, they have not chosen to appear before this Court a...
Smt. P. Seethamma and ors. Vs. P. Ramakrishna Reddy and ors.
Court: Andhra Pradesh
Decided on: Dec-11-1996
Reported in: 1997(1)ALT322
ORDERP. Ramakrishnam Raju, J.1. This revision is filed by the plaintiffs questioning the order passed under Order 11 Rule 1 CPC refusing leave to the petitioners to serve interrogatories on the respondents.2. The suit is filed for partition and separate possession which is based on the will executed by Utukuru Yellamma on 10-8-1960 in favour of the first plaintiff's husband. The respondents are contesting the suit. Evidence was also recorded by both sides and the suit was posted for arguments. At that stage, the petitioners filed the application on the ground that they came to know that the fourth respondent executed a registered will dt.1-3-1987 which contains a declaration that she inherited the property from her foster mother Utukuru Yellamma. The lower Court dismissed the said application. Hence this revision.3. Sri K.V. Satyanarayana, the learned counsel for the petitioners submits that since the petitioners had no opportunity to know about the execution of the registered will by ...
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