Andhra Pradesh Court March 1997 Judgments
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A. Bhoosanrao Vs. Purushothamdas Pantani and anr.
Court: Andhra Pradesh
Decided on: Mar-17-1997
Reported in: 1997(1)ALD(Cri)794; 1997(1)ALT(Cri)956; 1998CriLJ906
1. Aggrieved by the order of acquittal in CC No. 24 of 1992, the complainant preferred this appeal. The learned Magistrate by his order dated 11-7-1995 in CC. No. 24 of 1992 acquitted the accused for an offence punishable under Section 138 of Negotiable Instruments Act (for short 'the Act'). The appellant before this Court strenuously contended that in the light of the decree obtained by him in O.S.No. 1204 of 1991 on the file of the V Additional Judge, City Civil Court, Hyderabad and in the light of admission of the accused in the affidavit filed in support of the petition in the lower Court seeking permission to defend the case wherein he categorically admitted that he discharged the amount in three instalments under the receipts issued by the appellant herein dated 17-4-1992, 15-5-1992 and 20-6-1992, but at the same time the accused failed to produce these receipts in the Criminal Court. Hence the view taken by the Magistrate in acquitting the accused is erroneous one and the same n...
Fibrefab Consultants and Engineers Ltd. Vs. Regional Provident Fund Co ...
Court: Andhra Pradesh
Decided on: Mar-17-1997
Reported in: 1997(3)ALD762; 1997(4)ALT80
ORDER1. The proceedings issued by the respondent in Reference No. AP/6358/Enf.I/Z-XIV/90/313, dated May 7, 1990 are assailed in this writ petition. In fact the entire matter rests on the interpretation of Section 16(1)(b) of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952. 2. To trace out certain essential facts : The petitioner is a Company incorporated under Companies Act in November 1974. It is engaged in fabrication of fibre glass products among other products. The employees were engaged for carrying on the production activity. The unit had been running under heavy losses and therefore the establishment was irrevocably closed down with effect from December 22, 1987, after complying with the formalities under the Industrial Disputes Act. All the workmen employees were paid compensation under Law and all the dues including the Provident Fund account was also settled. While so, one Mr. Ved Prakash came forward to associate with the Company for day to day running o...
P. Vijayakumar and ors. Vs. Kakatiya Institute of Technology and Scien ...
Court: Andhra Pradesh
Decided on: Mar-17-1997
Reported in: AIR1998AP77
ORDER1. These two writ petitioners raise identical questions and are taken up together and disposed of by a common order.2. The petitioners are the students of respondent No. 1, Kakatiya Institute of Technology and Sciences, Warangal, which is affiliated to respondent No. 2 University. The challenge in these writ petitions is Regulation-10 issued by the 1st respondent-Institution stipulating conditions for promotion to the next higher semester in B.Tech. Course. Regulation-10 reads as follows :'10.0 : Condition for promotion : A candidate will have to satisfy the attendance requirements for the years/semester for promotion to the next higher semester in addition. 10.1 : For promotion to the 1st Semester of III year, a candidate must have passed all but four courses prescribed for the I year.10.2 : For promotion to the 1st Semester of IV year a candidate must have passed all but four (4) courses prescribed for the 1 year and 1st and 2nd semesters of II year taken together.' 3. The griev...
Kasaram Jayamma and anr. Vs. Jajala Lakshmamma and ors.
Court: Andhra Pradesh
Decided on: Mar-17-1997
Reported in: 1997(4)ALT570
V. Bhaskara Rao, J.1. The judgment and preliminary decree in O.S. No. 108/1985 on the file of Subordinate Judge, Srikalahasti, dated 26-3-1993 are challenged in this first appeal by defendants Nos. 4 and 5.2. The facts leading to this appeal are:That the respondents-plaintiffs 1 to 5 filed the suit for partition of plaint A, B, C Schedule properties on the ground that they are joint family properties. It is their case that Jajala Muni Subbiah alias Muddaiah and his four sons namely, J. Muni Ratnam, J. Venkata Rayulu, J. Muni Subbiah and J. Muni Krishniah, constituted a Hindu joint family. The eldest son Muni Ratnam had separated himself about 15 years prior to the suit and he was allotted some items of joint family properties. Then the remaining sons and their father continued to remain jointly. Plaintiff No. 1 is widow of Jajala Venkata Rayulu, another son, and plaintiffs 2 to 5 are their children. (The geneological table of the family is shown in the appendix). He demanded partition ...
Kondamma and ors. Vs. V. Rajamma
Court: Andhra Pradesh
Decided on: Mar-17-1997
Reported in: 1997(3)ALT823
V. Bhaskara Rao, J.1. The judgment and decree in A.S. No. 18/1994 on the file of Principal Subordinate Judge, Anantapur, dated 14-6-1995, reversing the judgment and decree in O.S. No. 74/1984 on the file of Principal District Munsif, Anantapur, dated 23-11-1987 and consequently decreeing the suit of the plaintiff for declaration of the right of way of the respondent-plaintiff to the western road and for consequential perpetual injunction as well as mandatory injunction directing the appellants to remove Cuddapah stone slabs fixed across the suit way, are challenged by the defendants in this second appeal. The parties will be referred to as arraigned in the trial Court.2. The facts of the case in brief are:That the plaintiff's father purchased the plot on 20-1-1947 and constructed the house in the year 1954. On his death the house was mutated in the name of the plaintiff in the municipal records on the representation of her brothers and sister The Government sub-divided the survey numbe...
Dittakavi Ramachandra Rao Vs. Padamata Bullaiah and anr.
Court: Andhra Pradesh
Decided on: Mar-17-1997
Reported in: 1997(3)ALT797
ORDERV. Bhaskara Rao, J.1. The judgment and decretal order in CMA. No. 190/1990 on the file of I Additional Subordinate Judge, Vijayawada, dated 15-6-1992 setting aside the order dated 20-11-1990 in E.A. No. 1478/1990 on the file of I Additional District Munsif, Vijayawada, who dismissed the petition for setting aside the sale under Order XXI Rule 90 read with Section 151 of the Code of Civil Procedure, is challenged in this revision petition.2. The facts giving rise to this revision petition in brief are:That the decree holder/respondent No. 2 herein obtained a decree against judgment debtor/respondent No. 1 herein and the property was sold in execution of the said decree. The revision petitioner herein is the auction purchaser. Respondent No. 1 filed E.A. No. 1478/1990 seeking setting aside of the said sale held on 29-8-1990 under Order XXI Rule 90 read with Section 151 of the Code of Civil Procedure. That petition was dismissed for default by the learned Munsif on 20-11-1990. Thereu...
Public Prosecutor, High Court of Andhra Pradesh Vs. B. Ramakrishna and ...
Court: Andhra Pradesh
Decided on: Mar-14-1997
Reported in: 1997(1)ALT(Cri)943
1. Aggrieved by the orders of the Judicial First Class Magistrate, Kalwakurthy, in C.C. No. 284 of 1988, acquitting the accused for the charges u/Ss. 379, 420 and 423, IPC, the State preferred this appeal. 2. Mr. Sharma, appearing for the Public Prosecutor, strenuously contended that the Magistrate is not right in dismissing the complaint on the ground that there was 40 days delay in reporting the case of theft without considering the explanation offered by the prosecution. Likewise, it is contended by him, that on merits also though the prosecution proved its case beyond doubt by examining as many as 8 witnesses, on a misreading of the evidence the Magistrate dismissed the case of the prosecution. 3. It is the case of the prosecution that on 6-12-1987 one Md. Ismail of Hyderabad lodged a complaint with Amangal Police Station stating that 40 days back i.e., on 16-10-1987 while he was taking his dinner in the hotel by stopping his lorry bearing No. ADA 88 on the roadside, the accused he...
N. Subhas Babu and ors. Vs. Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Mar-14-1997
Reported in: 1998(4)ALD447
ORDERP. Venkatarama Reddi, J.1. The petitioners are the teaching and non-teaching staff of Kakatiya Medical College, Warangal. In the initial stages, the college was being run by the Regional Medical Education Society, Warangal. The petitioners were appointed when the College was being managed by the said society. The Management of the institution together with its assets was takenover by the Government pursuant to an agreement entered into on 5-1-1977 between the Society and the Governor of A.P. Clause 6 of the said agreement provides :'The staff employed in the college, immediately before the said day, shall be employed and continued by the Government upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as the said staff would have had under the Society, until the said remuneration, terms and conditions are duly altered by the Government or until the employment of any member of such staff is duly terminated after giving ...
A. B. K. Prasad Vs. State of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Mar-13-1997
Reported in: AIR1997AP357; 1997(2)ALD(Cri)174
ORDERP. S. Mishra, C. J. 1. Editor of a language newspaper has moved the instant petition under Article 226 of the Constitution of India questioning the action of the Superintendent of Police, Kurnool District and the Station House Officer, Urban Police Station, Allagadda, Kurnool District in arresting Sri. V. Krishna Mohan, who was in-charge of the area for reporting about the by-elections in the Allagadda Legislative Assembly Constituency held on 6-2-1997, in Crime No. 19 of 1997 for the alleged offences under Sections 379, 505 and 411 of the Indian Penal Code and Sections 135 and 136 of the Representation of the People Act. 1951.2. Facts not in dispute arc as follows : The Election Commission of India notified the elections to three Assembly Constituencies in the State of Andhra Pradesh, including Allagadda Constituency and polling took place in the said Constituency accordingly on 6-2-1997. Several political parties fielded their candidates, besides independents for the election. K...
Commissioner of Income-tax Vs. Margadarsi Chit Fund (P.) Ltd.
Court: Andhra Pradesh
Decided on: Mar-13-1997
Reported in: [1997]227ITR646(AP)
Lingaraja Rath, J. 1. The question submitted by the Revenue seeking to call for a reference from the Tribunal is whether the Tribunal has been right to hold the deduction allowable under section 32 of the Income-tax Act to the assessee on the purchase of the bottles which it leased out as a business. The submission of Mr. S.R. Ashok, learned counsel for the petitioner, is that even if for the purpose of the business of the respondent the bottles are treated as 'plant' within the meaning of section 32(1), yet the deduction is allowable only when the purchase is en bloc and cannot be allowed in respect of single bottles which would obviously be priced less than Rs. 5,000. The Tribunal placed reliance on the decision of this court in CIT v. Sri Krishna Bottlers Pvt. Ltd. : [1989]175ITR154(AP) , to hold bottles as 'plant' and 100 per cent. depreciation could be available. 2. The impugned assessment is of the year 1985-86. Section 32(1) is in the following terms : '32. Depreciation. - (1) I...
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