Andhra Pradesh Court April 1998 Judgments
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Controller of Estate Duty, A.P. Hyderabad Vs. S. Vijeyendra Reddy, Hyd ...
Court: Andhra Pradesh
Decided on: Apr-09-1998
Reported in: 1998(3)ALD829; [1998]232ITR432(AP)
ORDERS.V. Maruthi, J.1. At the instance of the Revenue the following question is referred by the Tribunal for the opinion of this Court.'Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in holding that an amount of Rs.75,000/- would be required for the marriage expenses of the unmarried daughter and should be deducted while computing the total wealth of the family before making notional partition of the assets of the joint family which is contrary to the ratio laid down by the Andhra Pradesh High Court in the case of Son. A. Suhasini v. C.E.D. : [1984]145ITR220(AP) 2. The facts in brief arc as follows:Sri S. Vijayendra Reddy is the accountable person to late S. Ramachandra Reddy. The family of the deceased consisted of the deceased, his wife Smt. Pramiladevi, his three sons viz., Rajendra Reddy, Vijayendra Reddy and Ajayendra Reddy and the daughter Aparna Rani. The death of the deceased took place on 20-2-1981. The share of the dece...
K. Pannir Selvam Vs. Mmtc Limited and Another
Court: Andhra Pradesh
Decided on: Apr-09-1998
Reported in: 1999(6)ALD27; 1999(2)ALD(Cri)764
ORDER1. This petition under Section 482 of Cr.PC has been filed by the 6th accused in CC No.218 of 1997 on the file of the VI Metropolitan Magistrate, for Railways, Visakhapatnam for quashing the proceedings in the said case.2. Respondent No.1 is a company wholly owned by the Government of India is the complainant in this case. There were some transactions between the complainant and Al company (M/s.Raghunath Cotton and Oil Products) as commission agent. Certain amounts were found due from the accused No. 1 company to the complainant and subject to final settlement the accused agreed to pay Rs.135 lakhs and issued a cheque dated 6-11-1994 for Rs.65,00,000/-drawn on State Bank of India, Ongole Branch on the account of accused No.l company. Another cheque dated 29-11-1994 for Rs.70 lakhs drawn on the same bank on the same account was also issued under the signature of the Managing Director of the Company who is the second accused in that CC. The complainant presented the cheques for coll...
Commissioner of Income-tax Vs. Rassi Cement Ltd.
Court: Andhra Pradesh
Decided on: Apr-09-1998
Reported in: [1998]232ITR554(AP)
T.N.C. Rangarajan, J. 1. At the instance of the Revenue, the following two questions are referred : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in holding that the amount of Rs. 23,385 earned by the assessee constitutes capital receipt in the assessee's hands and cannot be brought to tax under the head 'Other sources' for the assessment year 1980-81 Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in law in holding that the amounts of Rs. 360, Rs. 79,100, Rs. 18,909, Rs. 1,506 and Rs. 17,301 earned by the assessee constitute capital receipts in the assessee's hands and cannot be brought to tax under the head 'Other sources' for the assessment year 1981-82 ?' 2. In respect of the first question as well as in respect of the amounts of Rs. 18,909, Rs. 1,506 and Rs. 17,301, referred to in the second question which represent the interest earned on surplus funds deposited in...
S.E. Nagesh Vs. National thermal Power Corporation Limited and Others
Court: Andhra Pradesh
Decided on: Apr-07-1998
Reported in: 1998(3)ALD1; 1998(2)ALT800
ORDER1. The petitioner while serving as Senior Foreman Grade S-4 was promoted to the cadre of Executive Grade of E-l vide proceedings of the respondent Company with effect from 1-1-1995 and he was posted to Kahalgaon Super Thermal Power Project, Kahalgaon, Bihar State. On 26-6-1995 the petitioner made a representation to the respondents 1 and 3 for his retention at Ramagundam on the ground mat his wife was serving as pharmacist in the hospital run by the Management of Singareni Collieries Co., Ltd., The representation of the petitioner was rejected on 28-7-1995. At that juncture, this writ petition was filed seeking a writ in the nature of mandamus declaring the actionof the respondents in transferring the petitioner to Kahalgaon Super Thermal Power Project, Bihar State as illegal and for a consequential direction to the respondents to place the petitioner in Executive GradcofE-1 with effect from 1-1-1995 on par with others and retain him at Ramagundam project with all consequential be...
Hasan BIn Mubarak Vs. Chief Judge, City Civil Court, Hyd. and ors.
Court: Andhra Pradesh
Decided on: Apr-07-1998
Reported in: 1998(3)ALD355; 1998(3)ALT370
ORDER1. The C.R.P. arises out of theorder passed by the Chief Judge, City CivilCourt, Hyderabad, in O.P. No. 708/97. H.E.H.the Nizams Trust (hereinafter called 'theTrust') represented by its Secretary (2ndrespondent) filed the O.P. against the wife ofthe petitioner (3rd respondent), who is one ofthe daughters of late Sir Osman Ali Khan(sic)hadur, VIIth Nizam of Hyderabad, underSection 34 of the Indian Trust Act (for short'The Act') seeking opinion and advice by theCourt.2. The 3rd respondent was one of the beneficiaries of the net income derived from the corpus of the Trust property. She was entitled to a half yearly payment of Rs.11,53,260/- and a monthly allowance of Rs.11,000/-, for her maintenance. The Management of the Trust has entertained a doubt in view of the serious allegations made by her husband, the petitioner herein, whether she was mentally unsound and whether the above payments could or could not be paid to her in the management of the Trust. Hence, the above O.P. was f...
Nookala Gavaraiah Vs. Special Category Deputy Registrar and Others
Court: Andhra Pradesh
Decided on: Apr-06-1998
Reported in: 1998(3)ALD2; 1998(2)ALT685
ORDER1. The petitioner in each of these writ petitions is the paid officer of the 4th respondent Bank. The petitioners have assailed the validity of the proceedings in Rc.No. 1455/97-C dated 20-5-1997 issued by the Special Category Deputy Registrar/ District Co-operative Officer, Srikakulam, the 1st respondent herein, who is the Registrar for the purpose of the Andhra Pradesh Cooperative Societies Act, 1964 (for short 'the Act'). By the impugned proceedings, the 1st respondent has directed the management of the 4th respondent Bank to place the petitioners under suspension forthwith pending enquiry under Section 51 of the Act. At this stage itself, it is relevant to note that the enquiry to which reference is made in the impugned proceeding was ordered by the Registrar underSection 51 of the Act against one Rana Primary Agricultural Cooperative Society, Rana by the proceedings dated 27-3-1997. There- afterwards, on the basis of the interim report submitted by the enquiry officer dated 1...
K. Satyanarayana Murthy Vs. Syndicate Bank, Manipal, Karnataka State
Court: Andhra Pradesh
Decided on: Apr-06-1998
Reported in: 1998(3)ALD216; 1998(4)ALT634
ORDER1. Petitioner entered service of respondent-Bank as an Officer Trainee on 20-12-1971 and later was posted as Probationary Officer at Vijayawada on 3-8-1972. The petitioner feels that due to some exchange of words on 26-12-1972, with the then Manager under whom he was working, he fellout of favour of the management. The said exchange of words took place on account of some complaint by the customer of the bank. The petitioner claims that he was not at all at fault and he had not misbehaved, as was complained, Inspite of this, his services were terminated by afl order dated 16-3-1973 without any opportunity to the petitioner, the petitioner filed W.P.No. 2581 of 1973 before this Court to challenge the said termination. He succeeded. Writ Appeal preferred against the learned single Judge's judgment was dismissed in W.A.No,72 of 1976. It was however pointed in the said proceedings by the Court that respondent was not precluded from conducting or, holding a departmental enquiry against ...
G. Om Prakash Vs. V.R. Karanna, Chief Personal Manager, M/S. Vazir Sul ...
Court: Andhra Pradesh
Decided on: Apr-06-1998
Reported in: 1998(3)ALD421; 1998(3)ALT439
ORDER1. The alleged contempt, arises out of an order passed by this Court dated 21-2-1997 in WPMP.29034 of 1996 in WP.23516 of 1996. The respondent is the writ petitioner. The award passed by the Labour Court dated 21-6-1996 was under challenge in the writ petition. When the writ petition has come up for admission, the interim order was passed on 21-2-1997, while admitting the writ petition, granting interim stay of operation of award of the Labour Court-I, Hyderabad dated 21-6-1996 passed in ID. No.599 of 1993 subject to the condition that the respondent, herein, pays last drawn wages, in accordance with Section 17B of the Industrial Disputes Act, to the respondent in the writ petition who is the petitioner in this case. Subsequently, on hearing the Counsel on both sides, the order was modified, videorder dated 244-1997, directing the respondent herein to pay the current wages in accordance with Section 17B of the Industrial Disputes Act and the wages was directed to be paid on 10 th ...
Union of India Vs. Bolla Veerabhadram (Died) and anr.
Court: Andhra Pradesh
Decided on: Apr-06-1998
Reported in: 1998(4)ALD4; 1998(3)ALT533; [1998]233ITR269(AP)
ORDERS.V. Maruthi J.1. This LPA arises out of the judgment of the learned Single Judge in Appeal No. 1000/79. The Defendant - Union of India is the appellant. The plaintiff filed asuit for recovery of Rs.25,000/- paid by her towards estate duty assessed in respect of the estate of her deceased father in law late Manne Satyanarayana Murthy. It is not necessary to refer to the pleadings in detail in the plaint as well as in the written statement in the light of the view which we propose to take in the LPA.2. Pursuant to attachment of the property belonging to her minor sons the estate duty authorities approached her (plaintiff) to pay the amount of estate duty. She paid about Rs.25,000/- under protest and filed the suit under question for refund of the same on the ground that she is not liable to pay the estate duty.3. In the written statement various pleas were taken. One amongst the various other pleas is that she is in possession of Ac. 1-79 cents and Ac. 1-80 cents settled by her hus...
Mohd. Iqbal Vs. N. Prabhakar and anr.
Court: Andhra Pradesh
Decided on: Apr-03-1998
Reported in: 1998(3)ALD385; 1998(4)ALT469
ORDERN.Y. Hanumanthappa, J. 1. The petitioner filed this writ petition aggrieved bythe order dated 29-1-1990 passed by the Special Court under A.P. Land Grabbing (Prohibition) act, in L.G.C.No.21/89 rejecting the request of the petitioner to take action under Section 8 of the A.P. Land Grabbing (Prohibition) Act, 1982 hereinafter referred to as 'the Act', to evict the respondent herein from the schedule property and put him in possession of the same and take criminal action against the respondent.2. The averments made by the petitioner in his application filed under Section 8 of the said Act before the Special Court under the A.P. Land Grabbing (Prohibition) Act, hereinafter referred to as 'the Special Court', are that the petitioner's father Md. Razzak, S/o Md. AH had purchased 8500 Sq, yards of land in S.No.218/3 on 6th Amardad 1344 Fasli under a registered sale deed. He was the Deputy Accountant General in the erstwhile Government of Hyderabad. The earlier boundaries of the said plo...
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