Andhra Pradesh Court March 1998 Judgments

Commissioner of Wealth Tax, A.P. Hyderabad Vs. Nawab Fazal Yar Jung, H ...

Court: Andhra Pradesh

Reported in: 1998(3)ALD77; [1998]233ITR654(AP)

ORDERS.V. Maruthi, J.1. The assessee is an individual. The valuation date for the assessment year 1976-77 was 31-3-1976. The assessee filed return on 23-6-1976 declaringthe net wealth as Rs.42,090/-. In the earlier assessment years the assessee paid a Mehr amount of Rs. 1,20,000/- to his wife with which she purchased house properties in Kachiguda and Khairatabad. The value of those properties were estimated as Rs.Four lakhs by the Wealth Tax Officer and it was added to the assessee's wealth under Section 4(1)(a) of the Wealth Tax Act on the ground that Rs. 1,20,000/- had not been transferred to the above mentioned wife of the assessee for adequate consideration or in connection with an agreement to live apart. The Wealth Tax Officer computed the wealth at Rs.4,37,643/-, On appeal the order of assessment was set aside and the appellate authority directed the Wealth Tax Officer to re-do the assessment afresh as there is nothing on record to show that the assessee had not complied with th...

K. Apsara Vs. Apsrtc, Musheerabad, Hyd. and Another

Court: Andhra Pradesh

Reported in: 1998(3)ALD74; 1998(2)ALT404

ORDER1. The petitioner is the widow of one late K. V. Rao who was serving in the APSRTC, as driver. K. V. Rao died in harness in the year 1993. According to the petitioner immediately after the death of her husband, she made several representations including the latest one dated 15-7-96 seeking her appointment to a suitable post in the Corporation on compassionate ground under the Scheme framed by the Corporation. Her request was turned down by the Deputy Chief Traffic Manager (Rural), Vijayawada region of the APSRTC, Vijayawada, Hence, this writ petition assailing the validity of the order of the Deputy Chief Traffic Manager (Rural), Vijayawada and seeking a direction to the respondents to appoint her to a suitable post.2. Heard. The writ petition is finally disposed of with the consent of the learned Counsel for the parties.3. The learned Counsel for the petitioner contends that the reason given by the Deputy Chief Traffic Manager (Rural) for rejecting the application of the petition...

Valisetti Tirumala Purnachandra Rao Vs. Syndicate Bank and anr.

Court: Andhra Pradesh

Reported in: 1998(3)ALD57; 1998(2)ALT481

ORDER1. This revision-petition is filed being aggrieved by the judgment and decree of the Subordinate Judge, Machilipatnam dated 3-6-1997 passed in I.A.No.1419/1996 in O.S.No.63/1984. The petitioner is the auction purchaser in the Court auction. He filed petition for amendment of the decree under Sections 151 and 152 of Code of Civil Procedure. But that application is dismissed by the Court below by passing the impugned order. The learned Counsel for the petitioner strenuously contended that the impugned judgment and decree of the Court below are illegal and without jurisdiction. However, the learned Counsel for the respondents supported the judgment and decree.2. I have to note few admitted facts of this case. The respondent No.1, the Syndicate Bank, Machilipatnam Branch filed a suit in O.S.No.63/1984 for recovery of an amount of Rs.3,01,755.97 ps. The defendants remained ex parte and consequently, an ex parte decree was passed on 23-12-1994. The impugned order has extracted the entir...

Srimanthula Chinna Sathaiah and anr. Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 1998(4)ALD18; 1998(2)ALD(Cri)160; 1998(2)ALT(Cri)65

ORDERMotilal B. Naik, J. 1. A1 and A2in S .C.No.310 of 1995 on the file of the learned Sessions Judge, Karimnagar are the appellants before us, who were found guilty of committing an offence under Section 302, read with 34, IPC and convicted and sentenced to suffer rigorous imprisonment for life.2. Before the trial Court the learned Sessions Judge originally tried three accused for the said offence, but on the date of pronouncement of the judgment the presence of A3 could not be procured, though non-bailable warrants were issued against A3 and therefore the case against A3 was separated and the sentence was pronounced only against A1 and A2.3. The gravamen of the charge is that on 29-8-1994 at about 10.00 a.m. at Mogilipalem village, Thimmapur Mandal the accused caused death of one Srimanthitla Pedda Sattaiah (hereinafter called the 'deceased'). A3 poured acid on the face and other parts of the body of the deceased and A1 and A2 axed the deceased on the neck and A3 beat the deceased wi...

M.A. Haleem Vs. Union of India and Others

Court: Andhra Pradesh

Reported in: 1998(6)ALD220; 1998(4)ALT651

ORDER1. The Petitioner has been working with the respondents as Inspector of Works, Grade-3 at Secunderabad. The CBI filed two criminal cases i.e., CC No.20 of 1994 and CC No.21 of 1994 under Sections 409 IPC and 13(1)(c)(d) read with 13(2) of the Prevention of Corruption Act, 1988. The Special Judge for CBI cases, Hyderabad tried the petitioner, convicted and sentenced him to undergo two years Rigorous imprisonment and imposed a fine of Rs.1,000/-on him in one of the cases and in another case also convicted and sentenced him to undergo two years Rigorous imprisonment and imposed a fine of Rs.1,000/-. After the judgment was pronounced by the Court the third respondent by order dated 30-10-1996 suspended him from service with effect from 21st June, 1996. A show cause notice was also issued as to why he should not be removed from service. The petitioner, in the meantime filed two Criminal appeals Nos.554 of 1996 and 555 of 1996 before the High Court and the High Court by order dated 11-7...

Saint Joseph Education Society, Rep. by Its Secretary, C. Ravi Shankar ...

Court: Andhra Pradesh

Reported in: 1998(5)ALT377

Umesh Chandra Banerjee, C.J.1. This appeal is directed against the order of rejection of the writ application by the learned Single Judge. On the factual score, it depicts that the cancellation of a University examination centre has prompted the writ petitioner to move this Court under Article 226 of the Constitution. The learned Single Judge in a very detailed and elaborate judgment came to the conclusion that there cannot be any such legal right to be enforced. In the facts and circumstances of the case, we do find some substance in such observation of the learned Single Judge. The University has a choice or option in the matter of selecting the places for examination. In the event, the University selects one against other place for examination, the question of there being a writ petition challenging the action of the University does not and cannot arise.2. On the factual score, it, however, appears that there were certain allegations of malpractice as regards the particular examinat...

Commissioner of Wealth Tax Vs. Nawab Fazal Yar Jung

Court: Andhra Pradesh

Reported in: (1998)151CTR(AP)625

S.V. Maruthi, J.The assessee is an individual. The valuation date for the assessment year 1976-77 was 31-3-1976. The assessee filed return on 23-6-1976 declaring the net wealth Rs. 42,090. In the earlier assessment years the assessee paid a Mehar amount of Rs. 1,20,000 to his wife with which she purchased house properties in Kachiguda and Khairatabad. The value of those properties were estimated at Rs. four lakh by the Wealth Tax Officer and it was added to the assessee's wealth under section 4(1)(a) of the Wealth Tax Act on the ground that Rs. 1,20,000 had not been transferred to the above mentioned wife of the assessee for adequate consideration or in connection with an agreement to live apart. The Wealth Tax Officer computed the wealth at Rs. 4,37,643. On appeal the order of assessment was set aside and the appellate authority directed the Wealth Tax Officer to redo the assessment afresh as there is nothing on record to show that the assessee had not complied with the notices under ...

Director of Insurance, A.P. Government Vs. G. Vijaya Lakshmi

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. This is an appeal preferred by the Director of Insurance Government of Andhra Pradesh, against the order dated 19.9.1997 of the Hyderabad District Forum in O.P. No. 1338 of 1996 allowing the claim of Smt. G. Vijaya Lakshmi, the widow of Sri A. Harikrishna who died in harness on 28.1.1989. The District Forum by its order directed the appellant, who was the opposite party in that O.P., to pay the insurance amount on the basis of the enhanced rate of Rs. 50 /- that was being deducted every month from the salary of the deceased Sri A. Harikrishna from June, 1991 to April, 1996 regularly as per G.O. Ms. No. 43 Finance and Planning (F.W. Admn. Ill) Department dated 28.1.1989. 2. The only defence set up by the appellant against the claim of the complainant was that the requisite proposal form was not submitted to the A.P.G.L.I. Department (Andhra Pradesh Government Life Insurance Department i.e.to the Director of Insurance, the appellant herein) by the office in...

Nagarjuna University Vs. St. Anthony Educational Society and Others

Court: Andhra Pradesh

Reported in: 1998(3)ALD42; 1998(2)ALT696

ORDERUmesh Chandra Banerjee, C.J. 1. These Writ Appeals by the Nagarjuna University, represented by its Registrar, Guntur are directed against the common order of the learned single Judge in Writ Petition Nos. 19464, 21167, 14687 and 13450 of 1997 respectively. Since all these appeals involve consideration of common questions of fact and law, we propose to dispose of the same by common judgment.2. Grant of affiliation to a College is in the sole discretion of the concerned University and the role of the Judiciary is very restricted on that score, by reason of the fact that the Law Court cannot act as a superintendent of the activities of the University. The University has its due mechanism to appreciate and grant the necessary approval for affiliation and the Law Court neither has the expertise nor has the advantage of any material to appreciate so as to act as a superintendent of the affairs of the University.3. From the contextual facts, it appears that two rival institutions, namely...

Kasarla Narayana Reddy Vs. District. Revenue Officer, Nalgonda

Court: Andhra Pradesh

Reported in: 1998(2)ALD793; 1998(2)ALT641

ORDER1. This civil revision petition is directed against the order passed by the Learned Subordinate Judge, Nalgonda, dismissing C.M.ANo.2 of 1993 on 30-11-1995. The C.M.A. itself is directed against the order passed by the District Revenue Officer, Nalgonda, dated : 7-8-1992.2. The facts requiring for the disposal of the C.R.P. may briefly be noted:The petitioner herein purchased house bearing No.6-4-55/J/D together with land measuring 311 sq. yrds., situated at Ravindranagar Colony, Nalgonda town from the original owner thereof under a Registered sale-deed dated 27-9-1984 for a consideration of Rs. 75,000,00. The market value of the property is mentioned in the said document is the same as that of the consideration paid by the petitioner herein to the owner. The sale-deed was not only registered by the registeringauthority, but the same was released in his favour after duly registering the instrument. It appears that the Joint Sub-Registrar-I sent the record pertaining to the said sa...