Andhra Pradesh Court February 1997 Judgments
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Punjab National Bank Vs. Yariapadda Venkata Krishnaiah
Court: Andhra Pradesh
Decided on: Feb-13-1997
Reported in: 1997(3)ALT779; [1998]94CompCas229(AP)
R.M. Bapat, J. 1. The appellant herein is the Punjab National Bank, represented by the Manager. Aggrieved by the partial decree passed in C.S. No. 75/82 by the Subordinate Judge, Nizamabad, on 27-4-1984, the appellant has approached this Court in appeal on the grounds mentioned in the memorandum of appeal. 2. The brief facts leading to filing of this appeal can be briefly narrated as follows : 'The appellant herein was the plaintiff and defendants Nos. 1 and 2 are the principal borrowers. The said defendants Nos. 1 and 2 had approached the plaintiff bank for cash credit facility to the extent of Rs. 50,000/-. By negotiation, the plaintiff agreed to give them cash credit facility to the extent of Rs. 50,000/- provided somebody, stands as surety. Accordingly, defendant No. 3 stood as a surety (guarantor) for the cash credit facility given to the defendants Nos. 1 and 2.' 3. It further appears from the pleadings in record that the original defendants 1 and 2 wanted to enhance the cash cre...
Venugopala Constructions and ors. Vs. Income-tax Officer and anr.
Court: Andhra Pradesh
Decided on: Feb-13-1997
Reported in: [1997]227ITR164(AP)
Lingaraja Rath, J.1. Mr. Y. Ratnakar, learned counsel for the petitioners strenuously urges in these petitions the inapplicability of Circular No. 737 dt. 23rd February, 1996 : [1996]218ITR97(All) , with retrospective effect issued by respondent No. 2 purporting to clarify/withdraw the earlier Circular No. 684 dt. 10th June, 1994 208 ITR 8], which explained the scope of S. 44AD of the IT Act, 1961. It is submitted that S. 40(b) deals with amounts not deductible from the profits and gains of business of firms and sub-cls. (iv) and (v) provide for payment of interest or remuneration to any partner as not deductible from the profits of the business in computing the income. According to sub-clause (iv) of clause (b), the payment of interest to a partner which is authorised by, and is in accordance with, the terms of the partnership deed and relating to any period falling after the date of the partnership deed insofar as such amount exceeds the amount calculated at the rate of 18 per cent s...
Tandra Satyanarayana Rao Vs. Tandra Paparao and ors.
Court: Andhra Pradesh
Decided on: Feb-13-1997
Reported in: 1997(2)ALT474
ORDERR. Bayapu Reddy, J.1. This revision petition is filed questioning the orders of the I Addl. District Munsif, Rajahmundry dated 5-11-1992 dismissing I.A.No. 1182/91 in O.S. No. 1204/1973 which was filed for amendment of the Judgment and preliminary decree passed in the suit.2. The plaintiff in the suit O.S. 1204/73 who is the brother of the present petitioner, had filed the said suit seeking partition and separate possession of his l/5th share in the plaint schedule properties against the present petitioner who was the second defendant in the suit and some other defendants. The petitioner contested the suit contending that he is also entitled for l/5th share in the suit properties. The said suit was disposed of on 24-10-1981 passing a preliminary decree. It was directed in the said decree that the plaintiff is entitled to l/5th share in items 1 to 4 and some other items in A-Schedule and 1 / 6th share in some other items of A & B Schedules. Under issue No. 6 framed in the suit, it ...
Venugopala Constructions and ors. Vs. Income-tax Officer and anr.
Court: Andhra Pradesh
Decided on: Feb-13-1997
Reported in: (1997)143CTR(AP)375
LINGARAJA RATH, J. :Mr. Y. Ratnakar, learned counsel for the petitioners strenuously urges in these petitions the inapplicability of Circular No. 737 dt. 23rd February, 1996 : [1996]218ITR97(All) , with retrospective effect issued by respondent No. 2 purporting to clarify/withdraw the earlier Circular No. 684 dt. 10th June, 1994 208 ITR 8, which explained the scope of S. 44AD of the IT Act, 1961. It is submitted that S. 40(b) deals with amounts not deductible from the profits and gains of business of firms and sub-cls. (iv) and (v) provide for payment of interest or remuneration to any partner as not deductible from the profits of the business in computing the income. According to sub-cl. (iv) of cl. (b), the payment of interest to a partner which is authorised by, and is in accordance with, the terms of the partnership deed and relating to any period falling after the date of the partnership deed insofar as such amount exceeds the amount calculated at the rate of 18 per cent simple in...
B. Lakshmi Vs. Trishul Coal Services and Transporters and ors.
Court: Andhra Pradesh
Decided on: Feb-12-1997
Reported in: 1997(1)ALD(Cri)937; [1998]93CompCas292(AP)
ORDER1. The revision is filed against the orders Dtd. 12-7-1996 in Crl.M.P. No. 2591/1996 in C.C. No. 11/1996 on the file of the XVII Metropolitan Magistrate, Hyderabad. 2. The facts in giving rise to the filing of this revision are, briefly, as follows :-The third respondent, B. Krishna Rao, filed complaint against M/s. Trishul Coal Services and Transporters, Himayathnagar, Hyderabad; B. Narsing Rao, Managing Partner and also against the petitioner herein Smt. B. Lakshmi w/o B. Narsing Rao, as partners of the said firm under Sections 138 and 142 of the Negotiable Instruments Act alleging that the accused No. 2, Managing Partner of M/s. Trishul Coal Services & Transporters, has issued a cheque for Rs. 50,000/- (Rupees Fifty Thousands only) on 15-4-1995 drawn on State Bank of India, to discharge the hand loan taken from the complainant and the said cheque was dishonoured with an endorsement 'Account Closed' and the accused failed to pay the amount in spite of notice. 3. The learned Magi...
Savani Transport Pvt. Ltd. (Now Savani Transport Ltd.) Vs. Datti Venka ...
Court: Andhra Pradesh
Decided on: Feb-12-1997
Reported in: 1997(2)ALT249
ORDERS. Dasaradha Rama Reddi, J.1. The petitioner is the tenant who lost in both the Courts below. The respondent-landlord filed the petition under the A.P. Buildings (Lease, Rent and Eviction) Control Act (for short 'the Act') seeking eviction of the petitioner from the non-residential premises situated at Meraka Street, Rajahmundry town on the ground that he requires it for his business purposes and also that repairs have to be effected to the building which is old. The tenant filed counter stating that as the respondent owns several non-residential and residential houses in Rajahmundry town, the alleged requirement is not bona fide and that the eviction petition is filed with oblique motive of obtaining enhanced rent. The necessity of effecting repairs is denied. The maintainability of the petition is also challenged on the ground that the petitioner which is a limited company has to be sued represented by its Director or any Principal Officer but not the Manager. The learned Rent C...
Dashwath Jagram Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Feb-11-1997
Reported in: 1997CriLJ3112
ORDER1. The petitioner in this petition seeks bail. The allegation is that 18 ganja plants were found in 20 cents of his chilly garden and that the police filed the First Information Report under Section 8(c) and 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'N.D.P.S. Act'). The petitioner was arrested and was sent to judicial custody on 3-1-1997, by the learned Judicial First Class Magistrate at Achampet and he is now in judicial custody. In the remand report it is stated that the petitioner/accused was in possession of the ganja plants. 2. The learned counsel for the petitioner contends that Section 37 of the N.D.P.S. Act does not in any way restrict the power of the High Court and the Sessions Court under Section 439 of the Criminal Procedure Code, 1973. But, this contention has no legs to stand because the question is no longer res integra and is concluded by the decisions of the Supreme Court in Narcotics Control Bureau v. Kishan lal, : 1991CriLJ654 ...
Duncans Industries Ltd. Vs. Union of India
Court: Andhra Pradesh
Decided on: Feb-11-1997
Reported in: 1998(59)ECC286; 1998(97)ELT416(AP)
M.N. Rao, J.1. Whether the show cause notice dated 30-9-1986 issued by the Collector of Central Excise, Guntur, the second respondent herein, was validly served upon the petitioner - M/s. Duncan Industries Limited - is the question at issue in this writ petition. The petitioner is a public limited company registered under the Companies Act, 1956, having its registered office at No. 31, Netaji Subhas Road, Calcutta. National Tobacco Company had a factory at Agarpara in the State of West Bengal and another factory at Biccavolu in Andhra Pradesh and engaged in the manufacture and sale of cigarettes and smoking mixtures. The National Tobacco Company was amalgamated with Birpara Tea Company pursuant to a scheme of amalgamation sanctioned by the Calcutta High Court in January, 1978. With effect from the date of merger i.e., 1-3-1977, the name of Birpara Tea Company was changed to Duncans Agro Industries Limited (DAIL). DAIL carried on the business of manufacture and sale of cigarettes throug...
Ramesh E. Vs. Raja Reddy N. and anr.
Court: Andhra Pradesh
Decided on: Feb-11-1997
Reported in: 1997(4)ALD145; 1997(4)ALT753
1. This appeal is preferred by the claimant aggrieved by the judgment and award dated March 21, 1990 passed by the Motor Accidents Claims Tribunal, Nizamabad, in O.P. No. 211 of 1998, for enhancing the compensation. The respondents though served, remained unrepresented. 2. It is the case of the claimant that on May 4, 1988 when he was travelling in the trailer of the Tractor bearing No. ATJ 4069 belonging to Respondent No. 1, the accident occurred at about 12-00 noon due to the rash and negligent driving by the Driver of the Tractor. In his deposition as P.W. 2 the claimant stated that the driver was driving the vehicle in a zig-zag manner at a high speed and as a result of which he fell down from the Tractor on the road. He deposed that the accident took place in the out skirts of Kota Armoor and that the wheels of the trailer ran over his left leg and as a result he suffered fracture to his leg. Thereafter, he was taken to the Government Hospital at Nizainabad, where he was an inpati...
Mrs. Shanta Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-11-1997
Reported in: 1999ACJ454; AIR1998AP51; 1997(4)ALT357
P.S. Mishra, C.J.1. One Mrs. Shanta, 25 years old woman, has invoked this Court's jurisdiction under Article 226 of the Constitution of India seeking, inter alia, a direction to the first respondent to institute complaint for investigation by the police into the acts and omissions of the second and the third respondents herein i.e., Superintendent, Government Maternity Hospital, Afzalgunj and Dr. Rama Sundari, Assistant Professor of Obsterics & Gynaecology, Government Maternity Hospital, Afzalgunj, Hyderabad, which constitute, according to the petitioner, (1) offences against her body while operating for the delivery of a child; (2) other andfurther actions against the second and the third respondents in accordance with law; and (3) to pay compensation consolidated in a sum of Rs. 8,00,000/- to her for the injuries and sufferings caused to her by the second and the third respondents.2. Facts in brief:-- Petitioner who hails from the State of Karnataka has been residing in Hyderabad and...
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