Andhra Pradesh Court July 1996 Judgments

The Managing Director, Non-conventional Energy Development Corporation ...

Court: Andhra Pradesh

Reported in: 1996(3)ALT910

P.S. Mishra, C.J.1. This appeal Under-clause 15 of the Letters Patent has arisen from a proceeding under Article 226 of the Constitution of India. The writ petitioner-respondent is working as Assistant Technician in the establishment of the appellant and it is said, while he was posted to work under the Integrated Tribal Development Agency, he was subjected to a notice calling upon him to show cause why he be not subjected to an enquiry into the alleged unauthorised absence from duty. Petitioner submitted a reply and disputed the said allegation. He was then put to a regular memo of charges and although once again he disputed the allegations in his written statement, the appellant issued proceedings terminating his services. Learned single Judge has found, however, that the termination of the service of the writ petitioner-respondent is fit to be set aside being in gross violation of principles of natural justice. He has accordingly allowed the writ petition and set aside the order of ...

State of Andhra Pradesh Vs. Indian Dairy Corporation

Court: Andhra Pradesh

Reported in: [2001]124STC395(AP)

1. The question raised in this tax revision case filed by the State, is whether skimmed milk powder is exigible to tax as general goods under Section 5(1) or as 'milk powder' under entry 44 of the First Schedule to the Andhra Pradesh General Sales Tax Act, 1957. The Tribunal held that it falls under entry 44 of the First Schedule to the Act.2. In State of a division Bench of this Court, to which one of us (Syed Shah Mohammed Quadri, J.) is a member, it was held that 'skimmed milk powder' is nothing but dehydrated form of pasteurised milk ; that question was considered in the context of granting exemption under G.O. Ms. No. 20 dated January 2, 1980 issued under Section 9(1) of the Andhra Pradesh General Sales Tax Act, 1957. The ratio in that case would squarely apply to this case. Consequently, it has to be held that 'skimmed milk powder' is nothing but milk powder and is not liable to be taxed. In this view of the matter, the order of the Tribunal is upheld and the tax revision case is...

M. Subrahmanyam Vs. Government of A.P., Revenue (Endts.iii) Dept., Rep ...

Court: Andhra Pradesh

Reported in: 1996(3)ALT1037

S.V. Maruthi, J.1. This writ petition is filed to declare G.O.Rt. No. 1616 Revenue (Endts. II) Department, dated 9-12-1987 and the proceedings dated 25-4-1987 of the Executive Officer, Tirupathi imposing the punishment of stoppage of two increments with cumulative effect exclusive of the period spent on leave duly treating the period of absence as leave to which he is eligible, as illegal and arbitrary.2. The petitioner was appointed as Shroff in the year 1966. On a charge levelled against him that he misappropriated an amount of Rs. 104/-, disciplinary proceedings were initiated against him. On a consideration of the explanation submitted to the said charge, the petitioner was removed from service by an order dated 15-2-1980. Aggrieved by the said order of removal, the petitioner filed an appeal before the Managing Committee, which was ultimately rejected. Thereafter, the petitioner approached this Court by way of a writ petition i.e., W.P. No. 16092/1984 on various grounds. The same ...

Kovvuru Regular Parcel Service Vs. T. Munikumar and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The case of the complainant in C.D.C. 206/95, District Forum, Chittoor, i.e. first respondent in this appeal is that he booked 150 kgs. Shikakai at Palamaner to be delivered at Tirupathi to the transport service of the opposite parties. Alleging that the goods were not delivered at Tirupathi, complainant wrote a registered letter to the first opposite party calling upon him to enquiry into the matter and to see that goods are delivered to the complainant otherwise the opposite party has to pay the cost of the goods and also demanded Rs. 516/- towards expenses and mental agony. 2. Inspite of service of notice the opposite party did not contest the matter. Relying on Exs. A1, A 2 and A 3 which is legal notice, the District Forum Held that the opposite party is liable to pay to the complainant jointly and severally Rs. 516/- towards expenses and mental agony and Rs. 250/- towards costs of the complaint. 3. Aggrieved by the same this appeal is preferred....

Regional Director, Esi Corporation Vs. K.F. Pestonji

Court: Andhra Pradesh

Reported in: 1998(5)ALD204; 1998(5)ALT110

1. The respondent in this appeal is the proprietor of the firm Cherma's Extension. The said firm is covered under the Employees State Insurance Scheme and is therefore falling under Employees State Insurance Act, 1948 (hereinafter referred to as 'the Act'). The appellant-Corporation issued notice on 14-2-1994 calling upon the respondent to pay a sum of Rs.31,786/-. The said demand was made as the alleged dues towards the contribution required under the Act, on the incentives paid to the employees of the respondent between the period April, 1990 to March, 1991. The respondent immediately responded by stating that the payments made under the head 'incentive' to the workmen were not covered by the Act and therefore, the contribution claimed was unjustified and unsustainable. The appellant continued to issue notices demanding contribution. The said notices were issued on more man three occasions and even then the respondent stood by his stand that there was no liability to contribute in re...

Commissioner of Income-tax Vs. Venkateswara Traders

Court: Andhra Pradesh

Reported in: [1998]232ITR788(AP)

Syed Shah Mohammed Quadri, J.1. In this application under section 256(2) of the Income-tax Act, 1961, the Revenue seeks a direction to the Income-tax Appellate Tribunal to refer the following questions of law to this court for opinion : '(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in reducing the income to Rs. 40,000 from Rs. 1,85,000 for the assessment year 1984-85 (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in upholding the decision of the Commissioner of Income-tax (Appeals) regarding granting of registration ?' 2. In the assessment year 1984-85, the assessee who was engaged in the business of liquor did not file any return of its income nor did it produce any accounts; having regard to the estimate of profits made by the Income-tax Officer, the income of the assessee was determined at Rs. 1,85,000. On appeal by the assessee, the Commissioner of Income...

Nalanda Tobacco Co. (P). Ltd. Vs. Supdt., Central Excise and Customs, ...

Court: Andhra Pradesh

Reported in: 1996(4)ALT82; 1997(91)ELT275(AP)

ORDERLingaraja Rath, J.1. The question raised in this application is that the seizure of the plant and machinery as has been directed by order dated 13-5-1996 is not authorised in law. As it appears from the order and the counter-affidavit filed by the respondent the facts revealed are that a vehicle of the petitioner was intercepted on 10-8-1995 while it was carrying cigarettes produced by the factory on which the payment of duty had not been effected. The vehicle and the cigarettes were seized which were released to the parties provisionally on their execution of B 11 (SEC) bonds and security deposits. That case is being dealt with in OR No. 406/95 Adjn. by the Assistant Commissioner, Division IX, Hyderabad answerable to the Deputy Commissioner, Central Excise, Hyderabad. While so on getting information that the petitioner-company has indulged in clandestine production and removal of the excisable goods viz., cigarettes, a raid was conducted in which transport documents relating to t...

The Managing Director, A.P. Seeds Development Corporation Ltd. Vs. See ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. These appeals were filed by A.P. State Seeds Development Corporation, Hyderabad i.e., second opposite party in Original Petitions Nos. 173/95, 172/95, 171/95, 170/95, 175/95, 178/95 and 174/95 out of which, the above appeals respectively arise. 2. Although the complainants are different i.e., ryots belonging to the same place and all of them have purchased the paddy seeds which were marketed by the second opposite party i.e., appellant, since common questions arise for consideration and as the District Forum although passed separate orders, as the reasons in each of the orders are same, we are disposing of all these appeals by a common order. 3. The case of the complainants was that they purchased NLR 9672 of paddy seeds from the opposite party No. 1 which was the product of the second opposite party for consideration. After raising the seed bed and transplanting the paddy crop when it reached the maturity stage, the complainants found that there is ...

Centak Chemicals Ltd. and Another Vs. C. Yadava Reddy

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The Opposite parties in CD 115/95, District Forum, Warangal i.e., M/s. Centak Chemicals Ltd., and M/s. Birla Consultancy and Software Services are the appellants in this appeal. The respondent herein filed a complaint stating that he applied for 200 shares and paid a sum of Rs. 9000/- on 6.6.94, which was received by the opposite parties alongwith application for allotment of shares. Since the complainant did not receive any intimation either of allotment of shares or refund of the amount, he issued a legal notice on 17.9.94. To the said notice, the second Opposite party sent a reply on 30.9.94 stating that the refund order was sent. But as the complainant did not receive the refund order, he again issued notice on 11.10.94 and 8.11.94 intimating the opposite party No. 2 about the non- receipt of the refund order and demanded payment of the amount. As the opposite parties did not send the amount, he filed a complaint claiming recovery of Rs. 9000/- w...

Gujula Satyanarayana Reddy Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1996(3)ALD406; 1996(2)ALT262; 1996(2)ALT(Cri)211; 1997(1)APLJ65; 1997CriLJ948

1. This appeal is filed against the judgment and sentence passed by the Special Judge for trial of cases for Atrocities against Schedule Tribe and Schedule Castes, Mahabubnagar-cum-Additional Sessions Judge, at Khammam. The accused was tried for an offence punishable under Section 3(1)(xii) of S.Cs. and S.Ts. (Prevention of Atrocities) Act, 1989. The brief facts are as follows :- The complainant, PW-1, is a resident of Kottamvarigudem. She belongs to Schedule Tribe. The accused is a Reddy by caste and is a resident of Amardha. PW1 used to go for coolie work in the field of Gujjula Vinna Reddy, who is the father of the accused. The accused being in dominant position over will of PW1 lured her to marry him and he inhabited with her. The parents of the accused refused their marital relationship. However, the accused left his house and lived with PW-1 in her house at kottamvarigudem for 5 months. In the month of December 1991 the brother of the accused came and took away the accused. From ...