Andhra Pradesh Court March 1996 Judgments

The Assistant Divl. Engineer, Electricial Operation and Others Vs. G. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. These appeals are preferred by the opposite parties i.e. Officers of the Electricity Board against the common orders of the District Forum, Khammam in C.D. Nos. mentioned in the cause title in three batches, whereby it quashed the demand notices issued for various sums mentioned in the said notices. 2. The complainants in all the CDs. are having electric service connections to their respective rice and floor mills and other mills under Category III and have been paying the bills regularly from the date of connection of power supply according to the meter readings. Periodically the officers of the opposite parties inspected the meters and noted the units of the power consumption and accordingly issued the bills which the complainants paid. While so, notices were issued to the complainants stating that the meters were not working in one or two phases or the meter is sluggish or stopping intermittently and depending on whether the meter was working in o...

Nara Goud Vs. Industrial Tribunal-cum-labour Court, Warangal and anr.

Court: Andhra Pradesh

Reported in: 1996(3)ALT648; (1997)ILLJ643AP

D. Reddeppa Reddi, J.1. The appellant joined service of the Andhra Pradesh State Road Transport Corporation as conductor on January 7, 1976. During the year 1981, he was working in the Bus Depot at Koratia. Karimnagar District. On October 17, 1981, when he was conducting the bus on the route Hyderabad to Metpalli a check took place at Stage No. 1 i.e., Metpalli around 6.00 p.m. During the said check certain cash and ticket irregularities were detected by the inspecting staff. On their report the following charges were framed against him. '1. For having violated the rule issue and start. 2. For having failed to issue tickets to 28 individual passengers who boarded the bus at Koratia Stage No. 2 and were found alighting at Metpalli stage No. 1 in spite of having collected the requisite fare from at their boarding point itself which constitutes misconduct as per Clause VI (a) of Reg.29 of APSRTC Employees Conduct Regulations, 1963. 3. For having closed the tray numbers of all denomination...

Dr. K. Satyanarayana Vs. Income-tax Appellate Tribunal and anr.

Court: Andhra Pradesh

Reported in: [1997]226ITR911(AP)

Syed Shah Mohammed Quadri, J.1. The petitioner challenges the validity of the order of the Income-tax Appellate Tribunal, the first respondent herein dated January 17, 1996, in I. T. As. Nos. 835 and 836/Hyd of 1994.2. The petitioner is an income-tax assessee. His income is assessable under the head 'Salary'. He is also subscribing to chit funds of various companies and receiving dividends from them. On the question of computation of taxable income for the assessment years 1991-92 and 1992-93, the dividends received were added as income and without allowing the deductions claimed by the petitioner, the second respondent passed the assessment order. The petitioner filed an appeal before the Commissioner of Income-tax (Appeals), Hyderabad. But the same was dismissed by the Commissioner. The petitioner then carried the matter in second appeal before the first respondent. The first respondent by order dated January 17, 1996, dismissed the appeal. It is the correctness of that order that is...

A. Hampayya Vs. the Secretary, Agricultural Market Committee (Gooti) a ...

Court: Andhra Pradesh

Reported in: 1996(2)ALT19

ORDERV. Rajagopala Reddy, J.1. The petitioner, a licensed dealer in notified commoditions like Coriander seeds, Groundnut etc., under the A.P. Agricultural {Produce & Livestock) Markets Act, 1966 (for short, 'the Act'), challenges, in this Writ Petition, the levy of market fee and the best judgment assessment proceedings dated 31-12-1990 for the years 1981-82 to 1987-88.2. The case of the petitioner, in short, is that, in fact, no Market Yard was established at Guntakal, in spite of Government issuing a G.O. Under Sections 3 and 4 ofthe Act establishing a Market Yard, hence the petitioner was transacting the sales in his village. In the absence of Market Yard it cannot be said that any services have been rendered by the Market Committee and in fact no facilities have been provided by the Market Committee to the traders. Section 12 of the Act empowers a Market Committee to levy market fee only in case the Government established a Market Yard providing adequate facilities for sales or pu...

Dr. K. Satyanarayana Vs. Income Tax Appellate Tribunal and anr.

Court: Andhra Pradesh

Reported in: (1997)137CTR(AP)108

SYED SHAH MOHAMMED QUADRI, J. :The petitioner challenges the validity of the order of the Tribunal, the 1st respondent herein dt. 17th Jan., 1996 in ITA Nos. 835 and 836/Hyd/94.2. The petitioner is an income-tax assessee. His income is assessable under the head salary He is also subscribing to chit funds of various companies and receiving dividends from them. On the question of computation of taxable income for the asst. yrs. 1991-92 and 1992-93 the dividends received were added as income and without allowing the deduction claimed by the petitioner, the 2nd respondent passed the assessment order. The petitioner filed an appeal before the CIT(A), Hyderabad. But the same was dismissed by the CIT(A). The petitioner then carried the matter in second appeal before the 1st respondent. The 1st respondent by order dt. 17th Jan., 1996 dismissed the appeal. It is the correctness of that order that is assailed in this writ petition.3. Mr. C. Kondandaram, the learned counsel for the petitioner, su...

State of Andhra Pradesh and ors. Vs. Suramalla Ramulu and ors.

Court: Andhra Pradesh

Reported in: 1996(2)ALT504; 1996CriLJ2854

M.H.S. Ansari, J.1. Aggrieved against the orders awarding compensation to the dependants of a convict who died in prison, the appellants have preferred this appeal. 2. Writ petitioner-respondent No. 1 is the father, respondent No. 2 is the mother and respondent No. 3 in this appeal is the wife of the deceased Shankar. They claimed compensation on account of the death of the said Shankar who died on 10-8-1992. The said Shankar was imprisoned to undergo Life sentence when his death occurred. The learned single Judge awarded compensation to the mother of the deceased Shankar in a sum of Rs. 500/- per month to be paid by the appellants to her for maintaining herself and a lump sum payment has been directed to be made to the 3rd respondent, wife of the deceased Shankar in a sum of Rs. 25,000/-. No compensation however has been awarded to writ petitioner-respondent No. 1, father of the said Shankar on the basis of the allegations made by the said Shankar against his father. The learned singl...

Bijay Kumar Sharma Vs. the Inspector General of Police, C.R.P.F. and a ...

Court: Andhra Pradesh

Reported in: 1996(3)ALT887

ORDERC.V.N. Sastri, J.1. The Petitioner was a Constable-Carpenter in the Central Reserve Police Force. On a charge that he collected a sum of Rs. 7,200/- as bribe from one Promod Kumar Chourassia for securing a job for him in N.S.G. the petitioner was subjected to a disciplinary enquiry. He was found guilty of the said charge in fee enquiry. The second respondent, who is the disciplinary authority, by order dt. 9-5-1989 imposed fine of one month pay and allowances on the petitioner as punishment for the said charge. The petitioner accepted the said punishment imposed on him and he did not question the said order by filing any appeal or revision and the fine amount was recovered from him and he was continued in service. The first respondent while carrying out the annual inspection of the unit from 15-12-1989 to 16-12-1989 came across me papers relating to the case of the petitioner and called for the said file and reviewed the whole matter under the provisions of Rule 29(d) of the Centr...

Mohd. Abbas Shafi Vs. Sub-registrar

Court: Andhra Pradesh

Reported in: 1996(3)ALT976

Lingaraja Rath, J.1. The appellant who came before this Court in W.P.No. 718 of 1991 seeking relief of direction to release the original registered sale deed bearing receipt No. 275 (P. 1253/90) dated 14-9-1990 executed in his favour having been rejected has preferred this appeal.2. The appellant purchased the property in question through the executed deed for consideration of Rs. 5,00,000/- but at the time of the registration the Sub-Registrar, Khairtabad, Hyderabad, respondent herein (having) entertained the opinion of the property to be of much higher value initiated proceedings Under Section 47A (1) of the Indian Stamp Act, 1899 as amended by A.P.Act 22 of 1971. In his view, the property was to have been valued at Rs. 11,41,500/- and stamp duty was paid thereon. As the stamp duty had been short-paid he referred the matter to the Collector.3. The proceeding initiated by the respondent was assailed before this Court mainly upon the ground that mere were no material before the respond...

Sri Srinivas Kumar Mowle Vs. Chandra Shekhar Mowle and ors.

Court: Andhra Pradesh

Reported in: 1996(3)ALT659

S.V. Maruthi, J. 1. This appeal arises out of a judgment in O.S.No. 287/78. The second defendant in the suit is the appellant. The plaintiff filed the suit for partition of A and B schedule properties and for allotment of 1/8th share.2. The brief averments in the plaint are that Late Prabhakara Rao Moule was the original owner of the properties mentioned in the plaint schedule. He left behind him the first defendant his widow, defendants 2 to 4 his sons and defendants 5 to 7 his daughters. Prabhakar Rao Moule died on 8-2-75. According to Hindu Law, the plaintiff and defendants 1 to 7 are entitled to get 1/8th share each in the schedule properties both movable and immovable properties left by Late Prabhakar Rao Moule. The plaintiff and defendants 1 to 7 are in possession of the entire suit properties both movable and immovable. In spite of repeated requests, defendants 1 to 7 refused 10 effect partition of the entire estate of Late Prabhakar Rao Moule. Therefore, the suit for partition....

S.K. Sarawagi and Co. Pvt. Ltd., Rep. by Its Agent, Ambika Prasad Vs. ...

Court: Andhra Pradesh

Reported in: 1996(2)ALT399

P.S. Mishra, C.J.1. Fourth respondent in the writ petition has preferred this appeal. Petitioner - respondent No. 1 has moved this Court under Article 226 of the Constitution seeking renewal of the lease-deed granted to it in G.O. Ms.No. 255, Industries and Commerce (M.III) Department, dated 29-7-1995 for mining manganese ore over an a extent of acres 34.27 cents in S.No. 124 (old S.No. 25/2) of Avagudem village, Garividi Mandal, Vizinagaram District. It appears, however, that the appellant was originally granted a mining lease for acres 40-30 cents in the year 1970 in the same survey number. Both the leases were for a period of 20 years. The appellant complained, however, that the writ petitioner - respondent No. 1 encroached upon 12-00 acres out of the area granted to it. It filed writ petition No. 3482 of 1971 for a direction to demarcate the area of acres 40-30 cents granted on lease to it and to place it in secure possession thereof after removing the encroachments. The said writ ...