Andhra Pradesh Court April 1998 Judgments
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Mohd. Jamal and ors. Vs. Mohd. SharfuddIn (Died) by Lrs. and ors.
Court: Andhra Pradesh
Decided on: Apr-03-1998
Reported in: 1998(3)ALD427; 1998(3)ALT397
ORDER1. The petitioners are the appellants in AS 2301 of 1997 pending in this Court. OS No.11 of 1991 was filed on the file of the Additional District Munsif, Sangareddy, by the petitioners for partition of suit A, B and C schedule properties. The 1st defendant, the father of the respondents herein, contested the suit claiming that he was exclusive and absolute owner of plaint B-schedule property and as such B-schedule properties were not available for partition. The trial Court upheld the claim of the defendants-respondents and dismissed the suit with regard to B-schedule properties and decreed the suit with regard to plaint A and C schedule properties. Questioning the dismissal of the suit with regard to B-schedule property, the petitioners-appellants filed the appeal AS 2301/ 97 and the appeal is pending before this Court. Pending the appeal the petitioners-appellants filed CMP 13575/87 seeking temporary injunction restraining the 1st respondent from alienating B-schedule property. ...
Andhra Cements Co., Ltd., Vijayawada Vs. Commissioner of Income Tax, V ...
Court: Andhra Pradesh
Decided on: Apr-03-1998
Reported in: 1998(3)ALD831; (1999)152CTR(AP)270; [1998]232ITR364(AP)
ORDERS.V. Maruthi, J.1. At the instance of the Revenue the following question is referred :'Whether on the facts and in the circumstances of the case and in law, the Appellate Tribunal was correct in holding that the provisions of Income-tax (Fourth Amendment) Rules, 1983 coming into effect from 2-4-1983 were applicable for the assessment year 1983-84?'At the instance of the assessee, the following question is referred :'Whether on facts and in the circumstances of the case, depreciation as per Income Tax (Fourth Amendment) Rules, 1983, is to be allowed in all assessments which were pending on 2-4-1983, irrespective of the assessment year involved?'2. The facts in brief are as follows:-The assessee is a public limited Company which manufactures and sells cement. The assessment years are 1982-83 and 1983-84 for which the previous years ended by 31-3-1982 and 31-3-1983 respectively. For the assessment year 1982-83 the assessee-Company filed its income-tax return on 9-9-1982 in which, it ...
N. Venkata Rao Vs. District Telecom Manager, Karimnagar and Others
Court: Andhra Pradesh
Decided on: Apr-03-1998
Reported in: 1998(4)ALD191; 1998(3)ALT799
ORDER1. In these writ petitions common question of fact and law arises forconsideration. Hence, by passing a common judgment I am disposing of all of them.2. There are implead petitions in three writ petitions viz., WP MP No.9312 of 1997 in WP No. 10945 of 1996, WB MP No.1375 of 1998 in WP No.11194 and WP MP No.4955 of 1997 in WP No.10943 of 1996. The petitioners in these petitions are the selected candidates in pursuance of the impugned proceedings and they are necessary parties. Accordingly, these implead petitions are allowed.3. In Writ Petition Nos. 10943, 10944, 10945, 126S3, 12532 and 11194 of 1996 the petitioners are challenging the selection and allotment of Telephone Booths in pursuance of the notification issued by the respondent No.1, dated 17-3-1996 on the ground that the entire selection is illegal and arbitrary and that the guidelines issued by the Department of Telecommunications have not been followed. It is further stated that even though the petitioners arc qualified ...
Syed Rahamtullah Khadri Vs. Government of A.P. and anr.
Court: Andhra Pradesh
Decided on: Apr-03-1998
Reported in: 1998(4)ALD514; 1998(4)ALT612
ORDERT.N.C. Rangarajan, J. 1. This writ petition relates to the claim of the petitioner for appointment to the post of the District and Sessions Judge (Grade-II)2. The petitioner is an advocate. He states that he obtained the degree in Bachelor of Law in 1989 and enrolled as an advocate with the Bar Council of Andhra Pradesh on 22-6-1989. He claims to have set up practice at Chirala by joining the office of Sri B.V. Raghavaiah, advocate, practicing at Chirala. He also states that he obtained ML. degree after obtaining permission from Bar Council. The petitioner applied for the post of District and Sessions Judge (Grade-II) on 21-8-1996, wrote the test on 24-11-1996 and appeared for the interview on 18-11-1997. He was asked by the Government by a memo dated 5-6-1997 to furnish certain particulars in the attestation form which he complied with. However, he came across G.O.Ms.No.291 (IA&J-SCF;) Department dated 4-12-1997 appointing four advocates as District Judges but his name was not in...
A.P. Small Scale Industries Development Corporation Vs. Commissioner o ...
Court: Andhra Pradesh
Decided on: Apr-03-1998
Reported in: [1998]233ITR453(AP)
S.V. Maruthi, J.1. This is a reference at the instance of the asses-see.2. The assessee is a public sector undertaking wholly owned by the Government of Andhra Pradesh. The Andhra Pradesh Industrial Development Corporation constructed a building known as 'Parisrama Bhavan'. The assessee purchased two floors in the said building. Full consideration was paid to the Government. However, the conveyance deed transferring title to the property was not registered. Though the premises were taken possession of in the month of July, 1978, by the assessee, the document was registered on March 51, 1984. The Income-tax Officer held that the assessee was not the owner of the property and, therefore, not entitled for depreciation. On appeal, the Commissioner (Appeals) held in favour of the assessee. On a further appeal to the Tribunal, the Tribunal held, following the judgment of this court in Nawab Mir Barkath Ali Kkan's case : [1988]171ITR541(AP) , that since the assessee was not a legal owner, he ...
M. Rama Rao Vs. Asst. Traffic Manager, Apsrtc, Hyd. and anr.
Court: Andhra Pradesh
Decided on: Apr-02-1998
Reported in: 1998(3)ALD76
ORDER1. The writ petition was heard finally with the consent of the learned Counsel for the parties.2. The petitioner joined the services of the A.P.S.R.T.C. as Conductor on 21-6-1966 and while serving so, the disciplinary proceedings were initiated against him under the provisions of the A.P.S.R.T.C. C.C.A. Regulations. The petitioner was removed from service as a disciplinary measure w.e.f. 22-4-1967. Being aggrieved by the said action of the management, the petitioner sought reference under Section 10 of the Industrial Disputes Act to the proper Labour Court for adjudication of the dispute. Accordingly, the dispute was referred to the Additional Industrial-cum-Additional Labour Court, Hyderabad by the Government vide G.O.Ms.No.706, L.E.N. & TE (Labour-I) Department, dated 5-10-1982. The Labour * Court registered the said reference as I.D.No.88/82 and after adjudication it passed the award on 25-3-1985 and the operative portion of the award reads thus :'In the result, the order of re...
Depot Manager, Apsrtc, Hyd. Vs. Transport Commissioner, A.P., Hyd. and ...
Court: Andhra Pradesh
Decided on: Apr-02-1998
Reported in: 1998(3)ALD424; 1998(3)ALT425
ORDERT.N.C. Rangarajan, J. 1. This writ petition callenges the demand for MotorVehicles Tax treating the vehicles subject to tax as contract carriage vehicles.2, The petitioner is a Government Undertaking running 'transport services. In respect of the motor vehicles with which we are concerned, in the approved Scheme of Road Transport Services, the petitioner was allowed to use the vehicles 'as town service/stage carriage with authorisation to use stage carriages as contract carriages for operating exclusive trips to Schools, Colleges, Industrial Establishments, Offices, etc.' Treating these vehicles as stage carriage vehicles the petitioner had paid the appropriate tax. However, a show cause notice was issued on 2-3-1993 by the Regional Transport Officer, Ranga Reddy District, stating that in respect of the seven vehicles of Kusaiguda depot the permission to use them as contract carriages indicated that they are liable to be taxed as such. It was stated that the audit of Regional Tran...
S. Anwar Basha Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Apr-02-1998
Reported in: 1998(3)ALD407; 1998(1)ALD(Cri)666; 1998(1)ALT(Cri)543; 1998CriLJ3529; I(1999)DMC400
ORDERMotilal B. Naik, J1. The sole accused in Sessions Case No.380 of 1993 on the file of the Sessions Judge, Chittoor District is the appellant herein. He was found guilty of committing an offence under Section 302 of IPC and has been sentenced to suffer imprisonment for life by the said Court by its judgment dated 18-4-1995.2. This Criminal Appeal had fallen for consideration on an earlier occasion before a Division Bench of this Court. The Division Bench by its judgment dated 14-11-1995 set aside the conviction and sentence imposed on the appellant-accused by the Sessions Judge, Chittoor District and allowed the Criminal Appeal by acquitting the appellant-accused. On an appeal by the State before the Supreme Court against the order of acquittal passed by the Division Bench of this Court dated 14-11-1995, the Supreme Court in Criminal Appeal No.693 of 1997 (arising out of SLP (Crl.) No.686of 1997) set aside the order of acquittal passed by the Division Bench of this Court dated 14-11...
Katasani Rami Reddy Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Apr-02-1998
Reported in: 1998(3)ALD488; 1998(3)ALT392; 1998CriLJ3897
1. Rule Nisi.2. The writ petition has been filed seeking a direction against respondents to provide Armed escort on payment of usual charges and on usual terms and conditions to the petitioner on the ground that there is threat to his life. The petitioner has stated in his writ petition that there is some rivalry going on between two political parties for a long time. He submits that on 27th May, 1979 his father as well as his six cousins were killed. He further states that on 29th April, 1986 his brother was murdered. He attributes all these murders to one Sri Bijjam Satyanarayan Reddy. He submits that there is rivalry betweenhim and Sri Satyanarayana Reddy. they belong to different parties. One of the brothers of the petitioner is an MLA representing the congress party. The petitioner had filed earlier a writ petition being WP No.24456/96 for police protection and the Court had directed the concerned officers to consider the representation made by the petitioner. It appears that he w...
G.V.N. Kameswara Rao Vs. Debts Recovery Tribunal, Bangalore and ors.
Court: Andhra Pradesh
Decided on: Apr-02-1998
Reported in: 1998(3)ALD536; 1998(3)ALT765; [1998]93CompCas474(AP)
ORDER1. Aggrieved by the docket order passed by the 1st respondent Tribunal in dismissing the application filed by the petitioner to summon the Assistant Sub-Inspector of Police, Law and Order, Krishna Lanka Police Station, City Planner, Vijayawada Municipal Corporation by contending that the record in the 1st respondent tribunal and the 2nd respondent-Bank was tampered, the present writ petition is filed.2. The undisputed facts of this case are that the petitioner offered his residential house at Ramachandrarao pet, Vijayawada as a collateral security for the term loan sanctioned to the 5th respondent Company, a builder for construction of apartments in an extent of 421 square metres in new town survey No.82 at Venkateswarapuram, Bandar Road. It is on record now that the 2nd respondent Bank sanctioned a total loan of Rs. 10,00,000/- for the above purpose and while the first loan of Rs.5,00,000/- was released on 4-6-1990, the second loan of Rs.5,00,000/- was released on 25-3-1991. It i...
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