Andhra Pradesh Court July 1996 Judgments

Nallamilli Satyanarayana Reddy Vs. Tadi Venkata Reddy

Court: Andhra Pradesh

Reported in: 1997(2)ALT534

ORDERY.V. Narayana, J.1. The respondent in A.T.C.No. 35 of 1982 on the file of the learned Special Officer-cum-District Munsif, Ramachandrapuram, preferred this Civil Revision Petition against the Judgment dated 18-1-1991 passed in A.T.A. No. 78 of 1988 on the file of the learned District Judge, Rajahmundry dismissing the appeal and confirming the order of eviction passed in A.T.C.No. 35 of 1982 on 12-8-1988.2. The brief facts of the case are: The respondent-landlord filed the eviction petition against the petitioner-tenant on the ground of default in payment of rents due for the years 1980-1981 and 1981-82. That petition was allowed. Against that order the petitioner preferred appeal A.T.A. No. 78 of 1988 which was dismissed, confirming the order of eviction passed by the Primary Tribunal. Against that order of the appellate Tribunal, the petitioner herein preferred this revision petition under Section 115 C.P.C.3. Whether a Revision Petition under Section 115 CPC lies against the ord...

Smt. Kolli Yerukulamma Vs. the Chairman, Visakhapatnam Port Trust

Court: Andhra Pradesh

Reported in: 1996(4)ALT554

ORDERG. Bikshapathy, J.1. Negligence and utter callouseness on the part of employees of the Visakhapatnam Port Trust caused great havoc to certain unfortunate parents and innocent children. 13 school going children became the victims of premature call by Him and 36 children are groaning under severe disabilities.2. The Port Trust is running educational institutions for the benefit of children and dependents of its employees. One high school is situated at Saligrampuram. Preparations were being made by the school children for celebrating the independence day 15th August, 1990. As fate would have it, some of the children left for heavenly abode without even saluting the national flag and some were content with witnessing through their hearts while lying on the hospital beds. The joyous and untiring children unmindful of rain assembled at the school premises on 14th August, 1990 for decorating the building to unfurl the national flag on tine next day. As there was heavy rain at 9 a.m. and...

K. Srinivasa Rao Vs. Convener, Eamcet-95, J.N.T.U., Hyderabad and Othe ...

Court: Andhra Pradesh

Reported in: AIR1996AP389; 1996(3)ALT264

ORDER1. The petitioner seeks to issue a Writ of Mandamus directing the 1st respondent, the Convener EAMCET-95, J.N.T.U., Hyderabad, to allot him a-free seat in Mechanical Engineering in Kakatiya Institute of Technology & Science, Warangal, (for short, 'KITS, Warangal') or in any other discipline, striking down the order of allotment of free seat in Mechanical Engineering to the 3rd respondent.2. The petitioner appeared EAMCET-95 for admission into Engineering course in the State and he secured the rank of 2415. He belongs to Osmania University area. He appeared for interview on 10-7-1995 in the 1st phase of admissions. He requested for allotment of free seat in Mechanical or Electrical Engineering. Rejecting his request, he was allotted a free seat in Civil Engineering in KITS, Warangal. He had accepted the seat, since he had no other option and joined in KITS, Warangal.3. The 1st respondent likewise interviewed students for payment seats from August, 1995 and completed selection. Ther...

Mohd. AhsanuddIn HussaIn Vs. Commissioner of Income Tax

Court: Andhra Pradesh

Reported in: (1998)147CTR(AP)153; [1998]230ITR439(AP); [1997]92TAXMAN238(AP)

Syed Shah Mohammed Quadri, J. 1. In this reference under s. 256(1) of the IT Act, 1961, at the instance of the assessee, the following question is referred to this Court for opinion, viz. : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the entire sum of Rs. 2,49,883, being the interest receivable for the period 23rd June, 1958 to 31st March, 1970, on account of enhanced compensation is assessable for the asst. yr. 1970-71 ?' 2. The assessee and his sisters jointly owned 103 acres 11 guntas of land situate in Habshiguda and Nacharam villages in which the assessees had 2/5ths share. The said lands were acquired by the Government, possession of which was taken on 3rd June, 1958. Dissatisfied with the compensation awarded, the assessee sought a reference to the civil Court. The Chief Judge, city civil Court, Hyderabad, on reference, enhanced the compensation on 6th September, 1969; he also awarded interest at the rate of 6 per cent ...

Rapeti Veerraju and anr. Vs. Peela Baburao and ors.

Court: Andhra Pradesh

Reported in: 1996(3)ALT173

ORDERMotilal B. Naik, J.1. These two C.R.Ps. arise out of two orders passed in LA. No. 25 of 1995 in CS. No. 129 of 1994 on the file of the District Munsif, Prathipadu. C.R.P. No. 1270 of 1995 is filed against the order dated 15-2-1995 in I.A. No. 25 of 1995 and C.R.P.No. 1271 of 1995 is filed against the order dated 8-3-1995 in LA. No. 25 of 1995. As these two CRPs are preferred against LA. No. 25 of 1995, they are being disposed of by a common order.2. Petitioners are the plaintiff. They instituted the suit O.S. No. 129 of 1994 for permanent injunction. Along with the suit, petitioners also obtained an ad-interim injunction restraining the defendants from interfering with their so-called possession. The defendants who are the respondents in these CRPs, appeared before the lower Court and sought vacating the interim order. At that stage, probably, the petitioners/plaintiffs realised that the suit for permanent injunction filed by them has to be necessarily converted into one for speci...

M. Lavanya Dutt Vs. the Jawaharlal Nehru Technological University and ...

Court: Andhra Pradesh

Reported in: 1996(3)ALT609

P.S. Mishra, C.J.1. Heard.2. The instant appeal under Clause 15 of the Letters Patent is brought before the Court by a student who has appeared in B.F. A. Xth Semester examination and has been declared unsuccessful by the respondent- University as she has been awarded 'Zero' marks in the external paper (work) in 'Composition'. Her petition under Article 226 of the Constitution of India has failed before this Court as learned single Judge has found by comparison with the work of the other students as follows:'Now, the only question to be decided by this Court is whether the 4th respondent herein is justified in awarding 'Zero' marks to the petitioner in 'Composition' subject i.e., painting. The question paper gave several options to the pupils to depict a painting including summer or winter season under Item No. 3. The petitioner was summoned to the Court on 1-9-1995 and she identified the painting drawn by her in the open Court. She stated that she has depicted summer season. A look at...

K. Manjulatha Vs. Senior Divisional Manager Lic of India

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. Aggrieved by the dismissal of the complaint CD 846/94, District Forum, Hyderabad the complainant preferred this appeal. The complainant is the wife of K.V. Ramana Reddy, who took an Endowment Assurance Policy with profits and accident benefit for a sum of Rs. 1,00,000/-. During the subsistence of the policy the assured while working as Assistant Commercial Tax Officer in the office of the Joint Commissioner, Enforcement, Commercial Tax Department died on 21.3.92. The complainant being the wife of the assured and nominee under the policy preferred the claim to the opposite party. The opposite party repudiated their liability by letter dated 11.2.93 on the ground that the assured suffered with jaundice and other ailments prior to the date of proposal i.e., on 20.3.89 and he underwent medical treatment but the suppressed the same, which is a material suppression with regard to state of his health and that, therefore, the opposite party is not liable to ...

Srikanth Trading Company Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: [1998]109STC590(AP)

Syed Shah Mohammed Quadri, J.1. The petitioner is a dealer registered under the Andhra Pradesh General Sales Tax Act, 1957. It challenges the validity of the order of the Sales Tax Appellate Tribunal in T.A. No. 722 of 1984 dated March 22, 1988 as illegal and arbitrary. 2. The short question that arises for consideration is whether an auditor is an agent within the meaning of clause (a) of rule 58 of the Andhra Pradesh General Sales Tax Rules, 1957. 3. The petitioner is a dealer in groundnuts. For the assessment year 1981-82, the Commercial Tax Officer completed the assessment. One of the items of assessment was based on the check of the lorry by the Commercial Tax Officer who found that 739 bags of groundnut seeds were purchased by the petitioner and on that he added an estimated turnover of Rs. 3,15,500 in the assessment. The petitioner, however, denied the purchase of 739 bags of groundnut seeds and its sale. 4. The assessee object to the assessment before the Appellate Deputy Commi...

Palivela Padma Raju (Died) Per L.Rs. Vs. Special Deputy Collector (Lan ...

Court: Andhra Pradesh

Reported in: 1997(3)ALT607

S. Parvatha Rao, J.1. A.S. No. 3156 of 1987 is preferred by the sole claimant Under Section 54 of the Land Acquisition Act, 1894 ('the Act' for short) against the judgment and decree dated 21-8-1987 of the learned Subordinate Judge at Peddapuram in O.P. No. 90 of 1984 claiming additional compensation for the trees in, the land acquired and A.S. No. 959 of 1988 is the appeal preferred by the Referring Officer (Special Deputy Collector, L.A., Y.R.P. Unit No. 3, Peddapuram) against the said judgment and decree questioning the enhancement of the compensation of Rs. 9,000/- per acre awarded by the Land Acquisition Officer to Rs. 25/- per Square Yard by the learned Subordinate Judge. A.S. No. 833 of 1988 is also similar appeal preferred by the same Referring Officer against the judgment and decree of the learned Subordinate Judge at Peddapuram in O.P. No. 89 of 1984. The sole claimant in O.P. No. 89 of 1984 has not preferred any appeal. O.P. Nos. 89 and 90 of 1984 arise out of Award No. 7 of...

K. Narasimha Reddy Vs. A.P. State Road Transport Corporation Rep. by I ...

Court: Andhra Pradesh

Reported in: 1996(3)ALT139

ORDERMotilal B. Naik, J.1. Petitioner was appointed as Chargeman on 19-4-1974 in the respondent-Corporation. He was promoted as Assistant Mechanical Foreman (AMF) and Mechanical Foreman (MF) in the year 1978 and 1983 respectively. He was again promoted as Junior Scale Officer on 3-1-1987 and was given posting as Depot Manager of Tandur Depot on 5-6-1992.2. For certain reasons, the petitioner was kept under suspension on various charges with effect from 2-3-1993. Charge-sheet was also issued on 30-3-1993 framing six charges against the petitioner. Petitioner filed his explanation on 13-4-1994, Not satisfied with the explanation filed by the petitioner, the respondent-Corporation issued notice on 23-12-1993 requiring the petitioner to participate in the enquiry contemplated against the petitioner on 31-12-1993 and 3-1-1994.3. In order to enable the petitioner to participate in the enquiry, the petitioner through letter dated 28-12-1993 requested the respondents to supply certain document...