Andhra Pradesh Court July 1996 Judgments

The Public Prosecutor, High Court of Andhra Pradesh, Hyderabad Vs. Cha ...

Court: Andhra Pradesh

Reported in: 1996(2)ALT(Cri)690; 1996CriLJ4412

1. The sole accused in Sessions Case No. 9 of 1993 was tried by the learned Metropolitan Sessions Judge, Visakhapatnam for an offence punishable under S. 436, I.P.C. On evidence the learned Sessions Judge acquitted the accused holding that the prosecution has not been able to connect the accused with the crime. 2. Aggrieved by the order of acquittal recorded by the learned Sessions Judge against the accused-respondent herein, the State of Andhra Pradesh has preferred the present appeal. 3. The prosecution story can briefly be narrated as follows : That the father of the accused, P.Ws.6 and P.W. 7 were doing business jointly. They were doing the business of finance under the name of style of Sri Satya Sai Finance Company, Visakhapatnam. But there were some misunderstandings between the father of the accused on the one hand and P.W.6 and P.W.7 on the other. Therefore, the father of the accused separated from the business and P.Ws. 6 and 7 jointly continued the same business. Thus, the re...

Commissioner of Income-tax Vs. Adoni Agricultural Market Committee

Court: Andhra Pradesh

Reported in: [1998]232ITR806(AP)

Syed Shah Mohammed Quadri, J.1. This is an application filed under section 256(2) of the Income-tax Act, 1961, for a direction to the Income-tax Appellate Tribunal to state the case and refer the following question of law to this court for opinion, viz; ether, on the facts and in the circumstances of the case, the Appellate Tribunal is correct in law in holding that the assessee is a 'local authority' and that the income derived by it is exempt from tax ?' 2. In view of the judgment of this court in CIT v. Agricultural Market Committee : [1983]143ITR1020(AP) , taking the view that the Agricultural Marketing Committee is a 'local authority' within the meaning of section 10(20) of the Income-tax Act, 1961, and is, therefore, entitled to exemption, we are of the view that the Tribunal is right in coming to the conclusion that no referable question of law arises. The I.T.C. is, there fore, dismissed. ...

J. Uppendra Reddy and ors. Vs. A.P.S.E.B. and ors.

Court: Andhra Pradesh

Reported in: 1996(4)ALD22; 1996(4)ALT579; (1997)ILLJ585AP

1. These writ petitions relate to the fixation of i the seniority of the petitioners. 2. The petitioners in W.P. Nos. 15953/1992 and 4133/1992 were originally appointed in the s 'Lower Sileru Hydro Electric Scheme'. The petitioners of the other cases were originally appointed in the 'Kothagudem Thermal Power Station'. Subsequently, it was found they were surplus in the original circles and the Board decided that such surplus staff must be diverted starting from the junior most person to various other Circles. However, the seniority and the lien were continued to be maintained in the parent Circles only. Accordingly, transfer orders is were issued which specifically stated that certain parts were diverted from the parent Circle to the other Circles and the persons are posted to those Circles against such posts. It was further specifically stated that their transfer is according to Regulation 10(iii) of A.P.S.E. Board and the Superintending Engineer, Civil Circle, Donkarayi can transfer ...

Pyla Mallikharjuna Rao Vs. Asstt. Engineer, Operation A.P.S.E. Board a ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. Aggrieved by the order of dismissal of his complaint C.D. 519/94 by the District Forum, Kakinada, the complainant preferred this appeal. 2. The complainant is having electric power service connection HSC 1306 since 1960. It is the case of the complainant that he has been consuming not more than 40 units per month. But the opposite parties issued a Bill No. 23493 dated 5.9.1993 demanding consumption charges for Rs. 3,212/- for three months from June, 1993 to August, 1993 and the units being consumed 2215 i.e. at the rate of 788 units per month. The bill was handed over to the complainant on 21.9.1993, although the due date of payment was mentioned as 18.9.1993. But the complainant sent a letter through registered post on 29.9.1993 to the opposite parties which was returned on 7.10.1993 with an endorsement that the addressee was absent. The power supply was disconnected on 9.11.1993 and the complainant could pay the amount of Rs. 3,205/- only on 29.3.1...

C.S. Sarma Vs. P. Venkatalakshmi

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1.The opposite party in CD 415/93 District Forum, East Godavari filed this appeal questioning the order of the District Forum, whereby it directed the opposite party i.e. appellant herein to refund an amount of Rs. 15,000/- with interest @ 18% p.a. from 5.5.94, Rs. 500/- towards compensation for mental agony and Rs. 200/- towards costs. 2. The respondent in this appeal filed the above complaint stating that she paid a sum of Rs. 4.500/- on one occasion and Rs. 3,200/- on another occasion and Rs. 500/- on 1.10.1990 and the balance of amount for making a total of Rs. 15,000/- to the opposite party i.e. Advocate for the purpose of filing a suit in respect of a building on her behalf in Rajahmundry. It is the case of the complainant that the opposite party did not file suit and when she pressed for repayment of the amount, he issued a cheque for Rs. 4,500/- against the Andhra Bank Employees Co-operative Bank Ltd., Rajahmundry which was dishonoured as there ...

Hiranand and ors. Vs. T.M. Kambati and ors.

Court: Andhra Pradesh

Reported in: 1997(1)ALT355

P. Venkatarama Reddi, J.1. This revision petition is filed against the order passed by the XI Assistant Judge, City Civil Court in LA. No. 1080 of 1995 allowing the application of respondents 1 and 2 herein to implead them as defendants 3 and 4 in the suit-O.S.No. 810 of 1995. That suit was filed by the petitioners herein against Municipal Corporation and the Original Owner (3rd Respondent herein) seeking a declaration that the revised lay out sanctioned in the year 1970 is not valid and binding on them and for injunction restraining the Corporation from interfering with the peaceful possession and enjoyment of the building situate in an area ad-measuring 177 sq. yards on the Northern side Of Plot No. 18 in Penderghast Road, Secunderabad.2. There is no dispute that the respondents 1 and 2 are neighbours of Plot No. 18. It is the case of respondents 1 and 2 that the building was unauthorisedly constructed by the plaintiffs in Plot No. 18 which was meant for parking. It is also the case ...

R.V. Shiva Kumar and ors. Vs. Jntu and ors.

Court: Andhra Pradesh

Reported in: 1996(3)ALT741

C.V.N. Sastri, J.1. These six writ petitions relate to the selections/appointments made to certain posts of Assistant Professor and Professor in the Jawaharlal Nehru Technological University, A.P. Hyderabad pursuant to the advertisement dated 18-6-1990. As common questions are involved, all these writ petitions are heard together and they are being disposed of by this common judgment.2. Four out of these six writ petitions i.e., W.P.Nos. 8454 of 1991,2206 of 1991, 2207 of 1991 and 3063 of 1991 relate to the post of Assistant Professor in Mechanical Engineering and as such these four writ petitions go together. W.P.No. 3057 of 1991 relates to the post of Professor in Mechanical Engineering and W.P.No. 3062 of 1991 relates to the post of Professor in Electrical Engineering.3. I shall first deal with the four writ petitions relating to the post of Assistant Professor in Mechanical Engineering.4. The respondent-University issued an advertisement dated 18-6-1990 calling for applications to ...

Polyprint Private Limited and ors. Vs. Canara Bank, Per Manager and an ...

Court: Andhra Pradesh

Reported in: 1997(3)ALT432

ORDERB. Subhashan Reddy, J.1. Mr. Y. Sivarama Sastry, the learned Senior Counsel appearing for the appellants submits that the appellants, who had filed this appeal against the preliminary decree in a mortgage suit, having satisfied with the decree and a compromise entered into between the parties--appellants and the plaintiff-bank --, seek permission of this Court to withdraw the appeal. In view of the facts stated with regard to the discharge of loan amount pursuant to the compromise entered into between the parties, we dismiss the appeal as withdrawn. However, we make no order as to costs.2. At this stage Mr. Y. Sivarama Sastry, learned Counsel for the appellants, submits that inasmuch as the appeal is being withdrawn pursuant to the compromise, the Court fees payable by the plaintiff in institution of the suit was also remitted and that the suit debt having been discharged to the extent of their liability pursuant to the compromise, equity warrants the refund of the Court Fee paid ...

Rajulagari Ellamma and ors. Vs. Sri Pedda Jeeyangar Mutt

Court: Andhra Pradesh

Reported in: 1996(4)ALT847

R. Bayapu Reddy, J.1. This appeal is filed by the defendants in O.S.No. 210 of 1982 on the file of the Additional Subordinate Judge, Tirupati, questioning the decree and Judgment of the lower Court dated 25-4-1985. The decree was passed for recovery of possession of suit property and for damages.2. The plaintiff in the suit who is the present respondent is Sri Pedda Jeeyangar Mutt, Tirupati and it has filed the suit against the defendants seeking recovery of possession of the suit property and damages for use and occupation for the period from 1979 to 1981 at the rate of Rs. 2,000/- per year. It was contended by the plaintiff that one R. Krishna Reddy was the cultivating tenant of the suit land belonging to the Mutt on an yearly rent of Rs. 1,000/-and he died on i5-6-1975 leaving behind his sons by name Sri Obulu Reddy and defendants 6 and 7 as his legal heirs and that after the death of R. Krishna Reddy his sons did not excercise the option to continue the tenancy as contemplated unde...

Dinshaw N. Chenoy and ors. Vs. Government of Andhra Pradesh, Rep. by S ...

Court: Andhra Pradesh

Reported in: 1996(2)ALD(Cri)409; 1996(3)ALT1023

P. Ramakrishnam Raju, J.1. The petitioners are the owners of 6,224 sq. yards of site forming part of Survey No. 71, Sarojinidevi Road, Secunderabad. Late N.P. Chenoy, father of the first petitioner and Dr. E.P. Chenoy, father of petitioner Nos. 2 to 4, executed a registered lease deed dated 5-34962 in favour of Sri Jainarayana Misra in respect of the said land for a period of 30 years on condition that the lessee should construct a permanent cinema theatre at of the said period, the lessee shall hand over the leased premises including the cinema building with all the appurtenances, furniture, machinery, electrical fixtures, sanitary equipment and all installations to the lessors without claiming any compensation whatsoever. Accordingly, the original lessee constructed Nataraj Cinema Theatre. Later a supplementary lease deed dated 28-11-1966 was also executed where under the lessee was given a right of option to extend the period of lease for a further period of 10 years, after the expi...