Andhra Pradesh Court September 1996 Judgments
Rajalingam Vs. Vangala Venkata Rama Chary and anr.
Court: Andhra Pradesh
Decided on: Sep-30-1996
Reported in: 1996(2)ALD(Cri)868; 1996(2)ALT(Cri)834; 1997CriLJ575
ORDER1. These two criminal revision cases are filed aggrieved by the judgment passed by the Additional Sessions Judge, Nizamabad in Criminal Appeal Nos. 14 and 18 of 1991 dismissing the accused appeal No. 14 of 1991 and allowing the de facto complainant's appeal No. 18 of 1991 and directing that M.Os. 1 to 3 i.e. cash of Rs. 40,000/- (M.O. 1), gold chain (M.O. 2) and gold gundlu with eenalu (M.O. 3) to be returned to the complainant. 2. The facts of the case in brief are as follows : The revision petitioner in Cr.R.C. 229/93 who is the accused-appellant in Crl. Appeal 14/91 has been charge sheeted by the Inspector of Police, Nizamabad town for the offences punishable under Sections 457 and 380 of Indian Penal Code stating that on the night of 23-3-1988 at about 8-45 p.m. he gained entrance into the house of the de facto complainant and committed theft of M.Os. 1 to 3. The trial Court disposed the case on merits by its judgment dt. 21-1-1991 acquitting the accused for the offences alleg...
Tag this Judgment!P. Sujathamma and ors. Vs. G.M. Siva Prasad and anr.
Court: Andhra Pradesh
Decided on: Sep-30-1996
Reported in: I(1997)ACC507; 1996(4)ALT796
ORDERB.K. Somasekhara, J.1. The matter was heard in part on the previous occasion, for the petitioner. Heard Mr. S.V. Sundara Rajan, the learned advocate for the first respondent. There is no representation for the second respondent.2. The appeal is against the order of the Motor Accident Claims Tribunal- cum-Additional District Judge, Madanapalle in O.P. No. 27 of 1988 dated 15-9-1989 dismissing the claim petition which was filed under Section 110-A of the Motor Vehicles Act, 1939 (in short 'the Act').3. The appellants laid a claim for recovery of Rs. 15,000/- by way of compensation under 'no fault liability' due to the death of one Krishna Reddy, the husband of Claimant No. 1 and the father of other claimants. It was alleged that the accident was due to the rash and negligent driving of the motor cycle No. M.E.V. 2779 said to be belonging to the first respondent. The first respondent resisted the petition on the ground that he was no longer the owner of the vehicle on the date of the...
Tag this Judgment!Canara Bank and ors. Vs. Dist. Registrar and Collector, Registration a ...
Court: Andhra Pradesh
Decided on: Sep-27-1996
Reported in: 1997(4)ALT118
ORDERY. Bhaskar Rao, J.1. This batch of writ petitions is filed questioning the constitutional validity of amendment to Section 73 of the Indian Stamp Act, 1899 vide Andhra Pradesh Act 17 of 1986, which empowers the person authorised by the Collector not only to enter upon any premises and inspect registers, books, papers, documents, etc., in relation to any duty, but also to seize and impound them under proper acknowledgment, and challenging the orders passed by virtue of such power.2. We will take up the facts stated in Writ Petition No. 10300 of 1989 for the present purpose. The petitioner-Bank states that the respondents inspected its branches at Abid Road and Chataparru in pursuance of powers vested in them Under Section 73 of the (Indian Stamp Act as amended by) A.P. Act 17 of 1986. After inspecting certain documents, they found an amount of Rs. 3,84,250/- and Rs. 86,300/- as deficit stamp duty to be paid on those documents and instructed the said branches to collect the same. Th...
Tag this Judgment!United India Insurance Co. Ltd., Rep. by Its Branch Manager Vs. Poka D ...
Court: Andhra Pradesh
Decided on: Sep-27-1996
Reported in: 1997(6)ALT527
ORDERB.K. Somasekhara, J.1. There two appeals are filed by the appellant/insurance company against the common award of the Motor Accident Claims Tribunal, Vijayawada in OP Nos. 32/87 and 21/87, dated 23-1-1990 awarding a total compensation 45 of Rs. 1,00,000/- and fixing the total liability as against the appellant/insurer.2. The Appellant is the insurer of the vehicle involved in the accident. It raised the contention that the liability by virtue of the terms of the policy, Ex.B-1, on the part of the insurer was Rs. 15,000/- per passenger and the claimants being one of the passengers in the vehicle, the limit of liability could not have been more than Rs. 15,000/- each. The Tribunal has rejected such a contention and placed the entire liability on the appellant/insurer. Aggrieved by that these two appeals are filed.3. The learned Counsel for the appellant/insurer has contended that in view of the law decided in New India Insurance Co. Ltd. v. Shanti Bai 1995 ACJ 470 (SC). Kunhimohamtn...
Tag this Judgment!The Government of A.P. Rep. by Its Prl. Secretary, Revenue (Proh. and ...
Court: Andhra Pradesh
Decided on: Sep-27-1996
Reported in: 1996(4)ALT218
P.S. Mishra, C.J.1. These appeals under Clause 15 of the Letters Patent of the Court are preferred by the 1st, 3rd, 4th and 5th (together), the second, and the 6th and 7th respondents (together) respectively in Writ Petition No. 14501 of 1996. The writ petitioner - respondent in all these appeals is a Toddy Tappers Co-operative Society, which has, it is not in dispute, been granted licence to sell toddy in retail in Kukatpally. Kukatpally was a village in Balanagar Mandal, District Ranga Reddy, which has since been embraced by the urban agglomeration consisting of Kukatpally Housing Board, Shamsiguda, Bagh Ameer, Janata Nagar, Seetararn Basti and other areas and is converted thus from a village as a quarter of the municipal town of Kukatpally adjoining the twin cities of Hyderabad - Secunderabad. According to the writ petitioner- Society, it alone is entitled to carry on its business at Kukatpally and its area of operation would extend to the above quarters of the town of Kukatpally fr...
Tag this Judgment!G. Satyanarayana Vs. Smt. Sabir Begum and anr.
Court: Andhra Pradesh
Decided on: Sep-27-1996
Reported in: 1996(4)ALT232
R. Bayapu Reddy, J.1. The revision petitioner is the tenant and the revision is filed against the Orders dated 18-3-1993 in R.A. No. 234 of 1989 on the file of the Chief Judge, City Small Causes Court, Hyderabad, by which the appeal was allowed thereby setting aside the orders of the HI Addl. Rent Controller, Hyderabad dated 8-3-1989 in R.C. No. 839 of 1987 and allowing the petition for eviction.2. The second respondent herein is the son of the first respondent. They filed R.C. 839 of 1987 seeking eviction of the revision petitioner herein from the petition schedule premises on the ground of bona fide requirement for personal use. The petition schedule premises is a non-residential building which was let out to the revision petitioner in the year l976 and he is running his Scooter work- shop in the said premises ever since then paying the rent to the first respondent who is the owner of the premises. The petition was filed for eviction of the revision petitioner contending that the fir...
Tag this Judgment!M. Krishna Dikshitulu Vs. the Medical Appeal Tribunal and ors.
Court: Andhra Pradesh
Decided on: Sep-27-1996
Reported in: I(1997)ACC359; 1996(4)ALT1035
ORDERB.K. Somasekhara, J.1. The order of the Employees Insurance Court, Hyderabad in E.I.A. No. 5/88 dated 30-9-1989 is challenged. The appellant is the claimant before the second respondent Medical Board, ESI Hospital, Visakhapatnarn. It was pleaded by the claimant before the second respondent that while on duty he suffered an accident on 10-1-1987 and as a result of which he sustained injuries on the five fingers of left hand and that he had suffered loss of 80% of earning capacity. The matter was considered by the Medical Board which assessed it at 5%. In the appeal before the Medical Appeal Tribunal the loss of earning capacity had been enhanced to 11 %. The learned Presiding Officer of the ESI Court based on the testimony of appellant and the Schedule II in the Employees State Insurance Act came to the conclusion that with the materials on record, the percentage of loss of earning capacity could not be fixed at the percentage more than what was decided by the Medical Appeal Tribun...
Tag this Judgment!Hamara Transport, Proprietors, Sabarwal Steel, Rep. by Its Manager, An ...
Court: Andhra Pradesh
Decided on: Sep-27-1996
Reported in: 1996(4)ALT1038
ORDERN.Y. Hanumanthappa, J.1. Heard Sri T. Veerabhadraiah, Advocate for the petitioner and Smt. Sumalini Reddy, Advocate-Standing Counsel for the respondent.2. The point for consideration in this Civil Revision Petition is whether the lower appellate Court is justified in remanding the matter to the trial Court for fresh disposal on the additional ground raised before the lower appellate Court by the defendant/appellant as to the competency and jurisdiction of the trial Court to proceed with the suit, which was not raised before the trial Court in the first instance when the written statement was filed.3. A few facts are that the petitioner herein was plaintiff in O.S. 1446/1986 on the file of the II Additional District Munsif, Visakhapatnam for mandatory injunction with a direction to the defendant to allot to the plaintiff the suit schedule site measuring about 1600 square yards. The plaintiff valued the relief and paid Court fee as per Section 26(c) of the Andhra Pradesh Court Fees ...
Tag this Judgment!G. Anuradha Vs. G. Narayana Rao
Court: Andhra Pradesh
Decided on: Sep-26-1996
Reported in: 1998(2)ALD158; 1998(2)ALT569
ORDERC.V.N. Sastri, J. 1. This is an appeal filed by the wife questioning the decree of annulment of marriage granted by the lower court under Section 12(1) (c) and (b) of the Hindu Marriage Act on the application filed by the respondent-husband. The respondent filed the application for annulment of marriage on the ground that the appellant was suffering from a disease known as 'Hyper Prolactinemia with Galloctorrhea' in medical parlance with symptoms like continuous lactation of milk from her breasts and irregular menstruation due to which she is incapable of bearing children and that his consent for the marriage was obtained by fraud and wilful suppression of the said facts.2. The respondent is an Engineer employed in the Thermal Power Station at Paloncha in Khammam District. The case of the respondent as set out in the Original Petition filed by him and as it appears from his evidence as PW1 is as follows :The marriage of the respondent with the appellant took place on 8-2-1989 at G...
Tag this Judgment!Commissioner of Income Tax Vs. Panyam Cements and Mineral Industries L ...
Court: Andhra Pradesh
Decided on: Sep-25-1996
Reported in: (1998)145CTR(AP)224; [1997]228ITR212(AP)
M.N. Rao, J.1. At the instance of the Revenue, this Court has called for a statement of case on the following question under s. 256(2) of the IT Act, 1961, from the Tribunal : 'Whether, on the facts and in the circumstances of the case, the Tribunal is correct in treating the expenditure of Rs. 1,37,050 incurred towards stamp duty for renewal of mining lease with the Government is allowable as revenue expenditure ?' 2. An expenditure of Rs. 1,37,050 was incurred by the assessing during the asst. yr. 1978-79 on stamp duty for securing renewal of the mining lease with the Government in an area of about 2,600 acres in Panyam village of Nandyal Taluk. The ITO was of the view that it was in the nature of premium for obtaining the lease and treating it as a capital expenditure subjected the same to tax. The first appellate authority agreeing with that view dismissed the appeal. In the second appeal, the Tribunal held it to be revenue expenditure and, therefore, allowed it as a deduction unde...
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