Andhra Pradesh Court April 1998 Judgments

V. Raja Rao Vs. Director of Marketing and ors.

Court: Andhra Pradesh

Reported in: 1998(3)ALD574; 1998(3)ALT21

ORDERS.R. Nayak, J 1. The petitioner whileworking as Assistant Market Supervisor in the office of the Agricultural Market Committee, Repalle, Guntur District, filed this writ petition on 10-2-1991. He has sought for a writ in the nature of writ of mandamus declaring that the Respondents 1 and 2 viz., Director of Marketing, Government of Andhra Pradesh and Dy. Director of Marketing, Old Mirchi Yard, Guntur, respectively, have no authority to direct prosecution of the petitioner, and equally the third respondent viz., the Station House Officer, Repalle, has no power to register Crime No.13 of 1992 against the petitioner under Section 409 IPC. 2. The facts leading to the filing of this writ petition be stated briefly as under : According to the 1st respondent, the petitioner while working as Assistant Market Supervisor, Agricultural Market Committee, Repalle, defalcated the Market Committee funds to the tune of Rs. 11.00 lakhs; the petitioner collected the above amount from the traders to...

Patta Dhanalakshmi Vs. Patta Ramachandra Rao

Court: Andhra Pradesh

Reported in: AIR1998AP341; 1998(3)ALT705; II(1998)DMC718

Motilal B. Naik, J. 1. This appeal is directed against the judgment in O.P. No. 41 of 1989 dated 1 MI-1994 on the file of the Court of the Principal Subordinate Judge, Visakhapatnam.2. The appellant is the wife while the respondent is the husband. The respondent-husband instituted O.P. No. 41 of 1989 under Section 13(1)(i) of the Hindu Marriage Act praying the Court to grant decree of divorce against the appellant-wife on the ground of adultery.3. In the petition filed by the respondent-husband it was alleged by him that he married the appellant-wife on 26-5-1983 at Jami village as per the Hindu rites and custom and he set up his house at Visakhapatnam where both of them lived together. His is a lame person, permanently handicapped. The marriage was consummated, and he came lo know that the appellant-wife had undergone abortion prior to the marriage. He questioned the lapse on the part of the appellant -wife. The appellant-wife admitted the lapse but pieaded that she would rectify the ...

Commissioner of Income-tax Vs. Transport Corporation of India

Court: Andhra Pradesh

Reported in: [1998]234ITR369(AP)

ORDER--Cancellation of penalty under s. 273(2)(a)/273(2)(aa) where interest was waived under s. 115Ratio & Held :Tribunal was justified in law in cancelling penalty levied under section 273 (2)(a)/273(2)(aa) as interest under section 215 of the IT Act was cancelled.Application:Not to current assessment year.A.Y.:1979-80Dt. Ord.:30-4-1998Decision:In favour of assesseeIncome Tax Act 1961 s.256(2) ...

Pilli Bal Raj and ors. Vs. State of Andhra Pradesh, Hyderabad and ors.

Court: Andhra Pradesh

Reported in: 1998(3)ALT34

ORDERS.R. Nayak, J.1. In this writ petition, the validity of the action of the 2nd respondent in amending bye-law 4(a) of the Fishermen Co-operative Society of Kolanur, Odela Mandal of Karimnagar District is called in question.2. Few facts germane to the decision be noted as under. The petitioners are the members of the Fishermen Co-operative Society, Kolanur. The Government of Andhra Pradesh - the first respondent herein - after a serious dialogue and interaction with the office bearers of the Andhra Pradesh Fishermen Co-operative Societies Rights Protection Committee, Hyderabad, found that several full-time employees became members of the Fishermen Co-operative Societies and they are exploiting the real fishermen and thereby depriving the source of livelihood of those real fishermen. Therefore, the Government of Andhra Pradesh directed the 2nd respondent to take corrective measures in that regard. At this stage itself, we may point out that there is a controversy between the parties....

Kanukolanu Vimala Vs. S. Lakshmana Rao and ors.

Court: Andhra Pradesh

Reported in: 1998(4)ALD91; 1998(3)ALT824

ORDERP. Ramakrishnam Raju, J. 1. The plaintiff is the appellant herein, who filed the suit for specific performance of an agreement for sale dated 15-6-1996. According to her the 1st respondent offered to sell an extent of Ac.4.95 cents in R.S.Nos.306/3 and 307 of Nandigama village for a consideration of Rs.3,95,400/- and the appellant agreed to purchase the same on 15-6-1996 and paid the entire consideration. The said agreement was attested by the wife of the 1st respondent and possession was also delivered to her on that date. Ever since she was in possession and enjoyment of the same. As the 1st respondent is trying to evade the execution of sale deed and he is making attempts to trespass into the plaint schedule land she filed the suit. Pending the suit she filed I.A.No.729 of 1997 on the file of the learned subordinate Judge, Machilipatnam for a temporary injunction. As the said application was dismissed, this appeal is filed.2. In the agreement Respondents 2 and 3, who are minor ...

Commissioner of Income Tax, A.P. Vs. Mahindra Nissan Allywin, Ltd.

Court: Andhra Pradesh

Reported in: 1998(4)ALD11; [1998]233ITR493(AP)

ORDERS.V. Maruthi, J.1. This is an application filed under Section 256(2) of the Income Tax Act.2. The facts in brief are as fellow's:For the assessment year 1989-90 the Assessing Officer processed the return under Section 143(1)(a) and sent an intimation after making an adjustment of Rs.1,44,386/-towards disallowance of guest house expenses and depreciation. Thereafter, the Assessing Officer noticed that the Respondent-Assessee had claimed a sum of Rs.5,74,51,894/- as interest on borrowings from financial institutions. He found that the total interest outstanding on 31-03-1989 towards interest accrued and due was Rs.5,94,81,774/-. Out of this an amount of Rs.4,01,40,910/- due upto 30th June, 1988 was funded and the balance was not funded and was outstanding as the amount due to be paid to the financial institutions. He therefore, issued notice under Section 154 and disallowed the interest due and outstanding as on 31-03-1989 pertaining to the assessment year 1989-90 in respect of loan...

Chepuri Krishnamurthy Vs. State

Court: Andhra Pradesh

Reported in: 1998(4)ALD362; 1998(2)ALD(Cri)1; 1998(2)ALT(Cri)371

ORDERVaman Rao, J1. This appeal is directed against the judgment of the AdditionalSessions Judge, Medak at Sangareddy in S.C.No.344/93 convicting the appellant herein for the offence under Section 302 IPC and sentencing him to suffer imprisonment for life and to pay a fine of Rs.1,000/- in default to suffer imprisonment for a period of six months.2. The facts in brief representing prosecution version of the case can be stated as follows:Accused No. 1 after the death of his first wife, married the deceased Vinoda. Thereafter he married another woman and started ill-treating the deceased Vinoda. The deceased is said to have complained about the ill-treatment to the village elders. On this grudge accused No. 1 is said to have decided to eliminate the deceased. Accordingly on the intervening night of 10/11-6-1992 midnight accused No.1 (appellant) with the help of A2 throttled the deceased. It is stated that while A1 caught the feet of the deceased Vinoda, A2 throttled her when she was fast...

M. Syamala Rao Vs. Commissioner of Income-tax

Court: Andhra Pradesh

Reported in: (1999)153CTR(AP)392; [1998]234ITR140(AP)

S.V. Maruthi, J.1. At the instance of the assessee, the following question is referred for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the capital gains liable to be taxed in this case should be of short-term capital gains ?'2. The brief facts of the case are as follows :The assessee entered into an agreement of sale dated May 1, 1962, with Sri B. Vardha Reddy and paid him a sum of Rs. 3,800 for the purchase of land admeasuring 3 acres 37 gts. in Sy. Nos. 37 and 38 situated at Malkajgiri village, Ranga Reddy district. The sale deed was executed on June 8, 1979. The assessee contended that the land was purchased by him in 1962 itself and he was in possession of the land and on payment of sale consideration he is the legal owner of the land. After he became full-fledged owner by registering the document on June 8, 1979, he sold the land by making it into plots. The Income-tax Officer held that t...

Chairman, Railway Board and Another Vs. P.S.R.K. Thimmaji Rao and Othe ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. The opposite parties in O.P. No. 335/1996 i.e. (1) The Chairman, Railway Board, New Delhi, and (2) The General Manager, South Central Railways, Secunderabad preferred this appeal questioning the order of the District Forum, East Godavari dated 27.3.1998 allowing the O.P. and directing the Railway Authorities to remove the defects or deficiencies in service in question by providing number plates to the sleeper coaches of all express trains within 30 days from the date of the order. The respondents before us were the complainants in the original petition. The respondents 2and 3 claim to be senior citizens while the first respondent, it is stated, is aged about 64 years. The fourth respondent is Kakinada Consumers Association represented by its Secretary. They complain that on 7.9.1996, when respondents 1 to 3 had to travel from Palasa to Secunderabad by express train, after the train arrived, they found no coach bearing S-9 in which they were allocated bert...

Sri Sarathi Institute of Engineering and Technology, Hyd. and anr. Vs. ...

Court: Andhra Pradesh

Reported in: 1998(3)ALD290; 1998(3)ALT564

ORDER1. The petitioners have assailed the validity of the statutory action of the All India Council for Technical Education (for short 'AICTE') vide its proceedings in F.No.732-50-024 (NDEG)/ET/95 dated 21-10-1997 refusing to grant approval to thepetitioners for establishing an Engineering College during the academic year 1997-98.2. The facts leading to the filing of this writ petition be summarised briefly as under:3. The 2nd petitioner is the Chairman of M/s Seva Trust, Habsiguda, R.R. district. The Seva Trust desiring to establish an Engineering College in the name and style of 'M/s Sarathi Institute of Engineering and Technology', which is arrayed as petitioner No.1, made an application dated 29-12-1995 to the AICTE for grant of approval to establish an un-aided Engineering College from the academic year 1996-97 with the strength of 300 students, comprising five disciplines viz. Mechanical Engineering, Electronics and Communications Engineering, Electrical and Electronics Engineeri...