Andhra Pradesh Court November 1997 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Bhoja Reddy Vs. Commissioner of Income Tax and anr.
Court: Andhra Pradesh
Decided on: Nov-18-1997
Reported in: 1997(6)ALT683
P. Venkatarama Reddi, J. 1. Heard both counsel at the stage of admission. 2. This writ petition is filed seeking for a direction to the second respondent not to take coercive steps for recovery of interest of Rs. 5,62,188 levied under s. 220(2) of the IT Act for the asst. yrs. 1988-89 and 1989-90 pending the disposal of R.C. No. 8 of 1994 on the file of this Court. 3. R.C. No. 8 of 1994 relates to the asst. yr. 1988-89. It is stated that a similar reference application is pending for the year 1989-90. As the reference Court has no inherent or incidental power to grant stay of recovery of tax or other dues, learned counsel for the petitioner submits that the petitioner is constrained to file this petition under Art. 226 of the Constitution. The Supreme Court in CIT vs . Bansi Dhar and Sons , held that the jurisdiction under s. 256 of the IT Act is advisory in nature and notwithstanding the reference, the appeal before the Tribunal must be deemed to be still pending and the Tribunal reta...
Food Corporation of India and ors. Vs. A. Prahalada Rao
Court: Andhra Pradesh
Decided on: Nov-18-1997
Reported in: 1998(2)ALT411
Syed Mohammed Quadri, A.C.J. 1. Disciplinary enquiry was initiated against the respondent/petitioner while he was in the service of the appellants/respondents. The enquiry resulted in imposing penalty of recovery of a sum of Rs. 7,356.30 from the pay of the respondent/petitioner in twenty one (21) monthly instalments by order dated 12.9.1989 of the first appellant/first respondent. That order was questioned in W.P. No. 14152 of 1989. The learned single Judge allowed the writ petition directing the appellants/respondents to conduct an enquiry, if they so choose, and pass orders without prejudice to the contentions of the respondent/petitioner that the initiation of proceedings after ten years is fatal to the disciplinary proceedings. It is the correctness of the order of the learned Single Judge that is assailed in this writ appeal. 2. Mr. P. V. S. S. S. Rama Rao, the learned Counsel appearing for the appellants/respondents contends that in case of minor penalty, it is not incumbent to ...
Bhoja Reddy Vs. Commissioner of Income-tax and Another.
Court: Andhra Pradesh
Decided on: Nov-18-1997
Reported in: [1998]231ITR47(AP); [1998]100TAXMAN44(AP)
P. VENKATARAMA REDDI J. - Heard both counsel at the stage of admission.This writ petition is filed seeking for a direction to the second respondent not to take coercive steps for recovery of interest of Rs. 5,62,188 levied under section 220(2) of the Income-tax Act for the assessment years 1988-89 and 1989-90 pending the disposal of R.C. No. 8 of 1994 on the file of this court.R.C. No. 8 of 1994 relates to the assessment year 1988-89. It is stated that a similar reference application is pending for the year 1989-90. As the reference court has no inherent or incidental power to grant stay of recovery of tax or other dues, learned counsel for the petitioner submits that the petitioner is constrained to file this petition under article 226 of the Constitution. The Supreme Court in CIT v. Bansi Dhar and Sons , held that the jurisdiction under section 256 of the Income-tax Act is advisory in nature and notwithstanding the reference, the appeal before the Tribunal must be deemed to be still ...
Bhoja Reddy Vs. Commissioner of Income Tax
Court: Andhra Pradesh
Decided on: Nov-18-1997
Reported in: (1998)149CTR(AP)61
P. Venkatarama Reddy, J.Heard both the counsels at the stage of admission.2. This writ petition is filed seeking for a direction to the 2nd respondent not to take coercive steps for recovery of interest of Rupees 5,62,188 levied under section 220(2) of the Income Tax Act for the assessment years 1988-89 and 1989-90 pending the disposal of R.C. 8/1994 on the file of this court.3. R.C. 8/1994 relates to the assessment year 1988-89. It is stated that a similar reference application is pending for the year 1989-90. As the Reference Court has no inherent or incidental power to grant stay of recovery of tax or other dues, the learned counsel for the petitioner submits that the petitioner is constrained to file this petition under article 226 of the Constitution. The Supreme Court in CIT v. Bansi Dhar & Sons , held that the jurisdiction under section 256 of the Income Tax Act is advisory in nature and notwithstanding the reference, the appeal before the Tribunal must be deemed to be still pen...
P. Renuka (Smt.) and ors. Vs. Senior Divisional Manager, Lic Divisiona ...
Court: Andhra Pradesh
Decided on: Nov-17-1997
Reported in: 1998(1)ALD793
ORDERSyed Shah Mohammed Quadri, Acting C.J.1. An earnest appeal is made by Sri- Y. Rama Rao, the learned Counsel for the appellants, to interfere in the order of the learned single Judge in W.P.No.14253 of 1994 dated 25-3-1997 which is now assailed in the Writ Appeal.2. The appellants are unsuccessful petitioners. One late P. Mallaiah was an employee of the Life Insurance Corporation of India which is represented by the respondents herein. He died while in the service on July 17, 1990 leaving behind him the first petitioner - his widow, Petitioners 2 and 3 - his sons. The Life Insurance Corporation, like other statutory Corporations, introduced the scheme of considering appointment of widow/son/daughter of the deceased employee who dies in service. Claiming the benefit of that scheme, the widow filed a representation on September 19, 1990, but her request was not acceded to as one of the sons was employed. It seems, she again reiterated her request on January 15, 1990 (sic 1991), but o...
K. Venkattashyamappa and anr. Vs. District Collector, Anantapur and or ...
Court: Andhra Pradesh
Decided on: Nov-17-1997
Reported in: 1998(2)ALD21; 1998(2)ALT401
ORDERSyed Shah Mohammed Quadri, ACJ.1. The petitioners having failed to obtain relief at the hands of the learned single Judge in the writ petition No.17023 of 1996 which was dismissed on September 23, 1997, filed this writ appeal assailing the validity of that order.2. An extent of Acs.2.00 in Survey No. 127-16A of Gollapuram village, Hindupur Mandal, Anantapur District was notified for acquisition under Section 4(1) of the Land Acquisition Act (for short 'the Act'). Statutory declaration under Section 6 of the Act was published in the Official Gazette on May 8, 1994 and publication of the same was made on June 9, 1994. The land acquisition proceedings were completed and the award was passed on May 25, 1996.3. The petitioners submitted in the writ petition, that under Section 11A of the Act, the award ought to have been passed within two years from May 8, 1994 - the date of publication in the Gazette - and that not havingbeen done, all the proceedings were vitiated. The learned single...
Laxmi Bai and anr. Vs. K. Komaraiah
Court: Andhra Pradesh
Decided on: Nov-17-1997
Reported in: 1998(2)ALD23; 1998(2)ALT229
ORDER1. The judgement and decree dated 9-3-1995 passed in AS No.30 of 1992 by the Additional Chief Judge (Temp), City Civil Court, Hyderabad confirming the judgment and decree passed on 26-8-1991 in OS No.2060 of 1986 by the III Assistant Judge, City Civil Court, Hyderabad are in challenge in this second appeal.2. The appellants are the defendants and the respondent is the plaintiff in the suit. The suit was filed for grant of mandatory injunction directing the defendants to provide a minimum space of 5 feet within their compound wall and also to close down the ventilators on ground floor portion and windows and stair case on the ground that the construction was made violating the municipal rules and bye-laws and affecting the right of privacy and ease mentary right of passage. Defendants resisted the suit denying such right of the plaintiff and violation of any building bye-laws. The details of the averments and the defence are to be found in the judgment of both the Courts below. The...
Akkarayoyina Apparao Vs. Korad Ammoru and ors.
Court: Andhra Pradesh
Decided on: Nov-17-1997
Reported in: 1998(2)ALD296; 1998(2)ALT303
ORDER1. The judgment and decree of I Additional District Judge, Visakhapalnam inA.S.No.20 of 1990 dated 14-7-1995 confirming the judgment and decree passed on 25-7-1989 by the Principal Subordinate Judge, VisakhapatnaminO.S.No.35 of 1982 are in challenge in this second appeal.2. The appellant claims to be the plaintiff in the suit having been brought on record on the death of the original plaintiff Komda Appamma whereas the respondents are the defendants in the suit. The suit was filed for partition and separate possession of the alleged one-half or 1/12th share of the plaintiff in plaint 'A' and 'B' schedule properties. The suit for partition was resisted by the defendants. The following issues were tried by the trial Court.' 1. Whether the Gangulu died in the year 1955 as pleaded by the plaintiff on or after the year 1957, as pleaded by the defendants ? 2. Whether the plaint A and B schedules properties are correct? 3. Whether the 1st defendant contracted the debts, a list of which i...
P. Renuka and ors. Vs. Senior Divisional Manager, Lic Divisional Offic ...
Court: Andhra Pradesh
Decided on: Nov-17-1997
Reported in: 1998(1)ALT556
Syed Shah Mohammed Quadri, A.C.J. 1. An earnest appeal is made by Sri Y. Rama Rao, the learned Counsel for the appellants, to interfere in the order of the learned single Judge in W.P. No. 14253 of 1994 dated 25-3-1997 which is now assailed in the Writ Appeal. 2. The appellants are unsuccessful petitioners. One late P. Mallaiah was an employee of the Life Insurance Corporation of India which is represented by the respondents herein. He died while in the service on July 17, 1990 leaving behind him the first petitioner - his widow, petitioners 2 and 3 - his sons. The Life Insurance Corporation, like other statutory Corporations, introduced the scheme of considering appointment of widow/son/daughter of the deceased employee who dies in service. Claiming the benefit of that scheme, the widow filed a representation on September 19, 1990, but her request was not acceded to as one of the sons was employed. It seems, she again reiterated her request on January 15, 1990 (sic. 1991), but of no a...
Satyabhama Menon Vs. A. Motibai
Court: Andhra Pradesh
Decided on: Nov-17-1997
Reported in: 1998(3)ALT198
ORDERSyed Saadatulla Hussaini, J.1. Aggrieved by the Judgment and Decree passed by the IV Additional Judge, City Civil Court, Hyderabad in O.S. No. 715 of 1986, dated 26-6-1990 this appeal has been filed.2. The appellant is the defendant in the suit. The admitted facts by both the Counsel are that the premises bearing No. 6-3-853, Ameerpet, Hyderabad, owned by the respondent-plaintiff (hereinafter referred to as 'the suit premises') was leased out on rent to the appellant in the month of April, 1968. It is stated that there is no rental agreement between the parties. The transaction of letting out the premises to the appellant by the respondent took place in the last week of March, 1968 initially for a rent of Rs. 350/- per month and periodically it was raised to Rs. 1,500/- per month at the time of instituting the suit. The plaintiff-respondent issued notice through her Counsel determining the tenancy of the defendant-appellant under Ex.A-1, dated 4-2-1986. It is stated that the notic...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »