Andhra Pradesh Court February 1996 Judgments
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Chitrani Cinema Vs. Deputy Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Feb-19-1996
Reported in: 1996(3)ALT1129; [1997]106STC498(AP)
Syed Shah Mohammad Quadri, J.1. The petitioner - cinema theatre - a partnership firm, challenges the validity of the proceedings of the respondent in Procs. No. A2/2/87, dated April 25, 1987 by praying for an appropriate write to call for the records relating to it and to quash the same. 2. To appreciate the controversy involved in this writ petition, it would be necessary to notice the following facts : The petitioner has opted to pay entertainment tax under section 5 of the A.P. Entertainments Tax Act, 1939 (for short, 'the Act'). Having regard to the provision of rule 26(a) of the A.P. Entertainments Tax Rules, 1939 (for short, 'the Rules'), the tax is payable each week by remitting the same on the Mondays immediately following the week to which the tax relates and if Monday happens to be a holiday, on the next working day. In the event of default in payment of tax as provided under sections 5(8) and 10(1) of the Act, the tax has to be paid along with interest at such rate as may be...
Smt. Ahalya Bai Vs. Gangapur Shankaraiah and ors.
Court: Andhra Pradesh
Decided on: Feb-19-1996
Reported in: 1996(4)ALT922
ORDERB.K. Somasekhara, J.1. The appellant-defendant No. 1 in O.S.No. 13 of 1982 on the file of the learned District Munsif at Asifabad and appellant No. 1 in A.S. No. 14 of 1985 on the file of the learned Subordinate Judge, Asifabad, who lost her defence against the respondent-plaintiff in the said suit, has come up with this appeal. Respondents 2 to 4 are the defendants 2 to 4 in the suit.2. The first respondent filed the suit for declaration that he is the owner of the suit land bearing S. No. 195 measuring Acs.7-11 cents and S.No. 198 measuring Acs.3-16 cents situated in Navagaon village described in the plaint schedule and the suit sketch map and for permanent injunction to restrain the defendants from interfering with his alleged possession and enjoyment of the suit land. He claimed to have perfected his title to the suit land by adverse possession for having been in possession for more than 12 years, alleged that D1 has been out of possession during such a period and 'her name no...
Smt. S. Sreedevi Vs. the A.P. Agricultural University, Rep. by Its Reg ...
Court: Andhra Pradesh
Decided on: Feb-19-1996
Reported in: 1996(2)ALT402
ORDERB.S. Raikote, J.1. The writ petition is filed for a writ of mandamus directing the respondent-University to permit the petitioner to take the examination of the back-log subjects of the four Semesters of the I and II year B.Sc. (Agr.) likely to be held in April/May, 1995 or about for the academic year 1994-95.2. The undisputed facts, in this case, are that the petitioner who was a student of the respondent-University studying in the Agricultural College, Rajendernagar, Hyderabad, appeared for the first semester, but declared failed. However, according to the Regulations, she was allowed to continue the second semester. After completion of the second semester, she appeared for the examination of second semester in which also, she was declared failed. This happened in the years 1989-90 and 1990-91. Thereafter, the petitioner submitted a re-examination Form on 28-3-1992, but she did not write the examination. Again on 16-6-1994, the petitioner applied for permission for writing the e...
State of Andhra Pradesh Vs. K. Seetharamaiah
Court: Andhra Pradesh
Decided on: Feb-16-1996
Reported in: 1996(2)ALD(Cri)779; 1996(2)ALT992; 1996CriLJ3632
ORDER1. A suo motu proceeding for contempt was initiated against the respondent on the basis of the report made by the District Judge, Guntur of the happening in his Court on 22-9-1995. In initiating the proceedings, the contents of the copy of the letter addressed by the respondent to the Chairman of the Bar Council of Andhra Pradesh was also taken note of. It appears from the report of the District Judge that on 20-9-1995 at about 12.30 p.m. when the Sessions Judge had completed examination of witnesses in a Sessions case and was calling for other works, a junior advocate S. Anjaneyulu asked for adjournment in a complaint case under the Essential Commodities Act. The move was refused by the Sessions Judge since written arguments in the case had already been filed and one adjournment had also been earlier granted. In refusing the adjournment, the learned Sessions Judge observed that such adjournments would give rise to unnecessary, criticism and sending of petition against him. At the...
N. Buchamma and ors. Vs. Authorised Officer (Land Reforms)
Court: Andhra Pradesh
Decided on: Feb-16-1996
Reported in: 1996(1)ALT420
ORDERS.R. Nayak, J. 1. On two grounds this C.R.P. is liable to be dismissed. Few facts which are necessary to be noticed for the purpose of disposal of the Civil Revision Petition are the following: N. Munirama Naidu was a land holder and he held certain extent of land. The Andhra Pradesh State Legislature enacted the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 for short 'the Act' and the said Act came into force with effect from 1-1-1975. After the Act came into force, Munirama Naidu filed declaration as required under Section 8 of the Act. The Land Reforms Tribunal passed the order on 10-9-1976 determining the excess land held by Munirama Naidu at 0.5296 SH. Munirama Naidu preferred the appeal to the Land Reforms Appellate Tribunal. The Land Reforms Appellate Tribunal, in the second round of litigation, after reappraisal of the materials placed before it, determined the excess land held by Munirama Naidu at 0.3166 Sh. by its order dated 29-6-1979. The dec...
Charugulla Seshaiah (Died) and ors. Vs. the Commissioner of Survey, Se ...
Court: Andhra Pradesh
Decided on: Feb-16-1996
Reported in: 1996(2)ALT230
Lingaraja Rath, J.1. The centre of controversy in this appeal is the extent of the land purchased by the 1st appellant from the pattedar M. Ranganayakulu by registered sale deed No. 328/57 dated 9-10-1957. The estate of which the land formed part/vested in the State Government under the provisions of the A.P. Estate (Abolition and Conversion into Ryotwari) Act, 1948. But since the land was in agency area, proceedings were initiated under Section 9 of Regulation 2 of 1970 (A.P. Scheduled Areas Ryotwari Settlement) Regulations, 1970 by the Settlement Officer, respondent No. 3 and notice was published in the village as required under Rule 3 (3) of the Rules framed under the Regulations. The 1st appellant appeared before the respondent No. 3 and laid claim for the issue of ryotwari patta in respect of the land purchased by him. The respondent No. 3 held that the 1st appellant had purchased Ac.8-00 of land out of which he had sold Ac.1-12 cents of land to third-parties and hence was entitle...
A. Venkata Ramana Vs. the Chairman, Industrial Tribunal-cum-labour Cou ...
Court: Andhra Pradesh
Decided on: Feb-16-1996
Reported in: 1996(2)ALT796
ORDERG. Bikshapathy, J.1. The Award of the Labour Court in I.D.No. 100/87, dated 8-2-1990 is assailed in this Writ Petition.2. The Petitioner was working as a Driver in the 2nd Respondent Tirumala Tirupati Devasthanams. While so, a charge sheet was issued to him with the following charges:'That on 3-12-1972 at about 11-30 (you) attempted to assault Sri S. Venkata Reddy, Traffic Superintendent, I-Bus Stand Tirupati with big stone by forcibly entering into the Office room while the Superintendent was on duty in the presence of1. Sri P. Subba Reddy, TTD Contractor,2. Sri B.S. Ramamurthy, L.D. Clerk, and3. Sri P. Dorairaj, Conductor'.Thereafter, an enquiry appears to have been conducted and the statement of the witnesses were recorded. Finally, a show cause notice was issued to him on 7-8-1984 and after considering the explanation submitted by the petitioner, he was removed from service by orders dated 18-10-1984. The petitioner was unsuccessful in the Appeal and Review Applications and fi...
Smt. S. Jayanthi Bhandary and ors. Vs. Syndicate Bank, Rep. by Its Cha ...
Court: Andhra Pradesh
Decided on: Feb-16-1996
Reported in: 1996(2)ALT537
ORDERY. Bhaskar Rao, J.1. This batch of writ petitions is filed by the employees of the Syndicate Bank, most of them are women employees, for a Mandamus declaring the order and decision of the 1st respondent contained in the letter of the 4th respondent dated 8-11-1995 purporting to reject the representations of the petitioners issued by the 3rd respondent, as arbitrary and illegal and for a consequential direction to set aside the orders of transfer directed against the petitioners based on the circular of the zonal office, Andhra Pradesh, contained in Circular No. 35/95, dated 23-5-1995 and also for a declaration that the transfer policy contained in the said circular is ultra vires the powers of the Zonal Office being contrary to the transfer policy of the Head Office contained in Circular No. 88/91 dated 25-3-1991 and consequently for a further direction to the respondents to continue the petitioners in the respective branches in which they were working prior to the impugned orders...
Smt. M. Navaneetha Vs. Mandal Revenue Officer and ors.
Court: Andhra Pradesh
Decided on: Feb-15-1996
Reported in: 1996(1)ALT653
ORDERC.V.N. Sastri, J. 1. The petitioner is a Fair Price Shop Dealer. On 6-2-1995 a show-cause-notice was issued to her by the Revenue Divisional Officer, Narayanapet, mentioning the following irregularities: (1) Dealer is not present in the shop at the time of supply. (2) Distributing 15 Kgs. by noting 20 Kgs. in the cards. (3) Blackmarketing balance rice. (4) Not maintaining register properly. 2. On 14-2-1995, the petitioner submitted a detailed explanation denying the said allegations. With regard to the second charge she stated that out of the total number of 357 cards allotted to her shop, 20 cards were eliminated as bogus cards and the supply of essential commodities was limited to the remaining 337 cards only. After some time, on representation made by those 20 card-holders, their cards were restored, but the supply of essential commodities was not proportionately increased and thereby she was obliged to distribute only 15 Kgs. instead of 20 Kgs. to the cardholders. 3. After ...
Sew Constructions Limited Vs. Commercial Tax Officer and ors.
Court: Andhra Pradesh
Decided on: Feb-14-1996
Reported in: [2003]133STC87(AP)
Syed Shah Mohammed Quadri, J.1. The petitioner challenges the validity of the provisional assessment order in G.I. No, 7531/95-96, dated February 5, 1996 as being violative of principles of natural justice as well as Rule 12 of the Andhra Pradesh General Sales Tax Rules, 1957.2. The petitioner is a public limited company engaged in the business of execution of works contracts. For the period from April 1, 1995 to December 31, 1995, the petitioner filed form A-2 returns. The first respondent not being satisfied with the correctness of the returns called upon the petitioner to submit certain statements of works and on the basis of the material thus provided, proceeded to make the impugned provisional assessment order and on that basis issued form B2 demand notice calling upon the petitioner to pay a tax of Rs. 77,08,174. It is the correctness of this order that is assailed in this writ petition.3. Mr. S. Krishna Murthy, the learned counsel for the petitioner, contends that under Rule 12 ...
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