Andhra Pradesh Court July 1998 Judgments
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Commissioner of Income Tax, Visakhapatnam Vs. Saraswathi Talkies, Jagg ...
Court: Andhra Pradesh
Decided on: Jul-24-1998
Reported in: 1998(5)ALD52; [1998]234ITR756(AP)
ORDERY.V. Narayana, J.1. This is areference under Section 256(2) of the Income-Tax Act by the Appellate Tribunal, for the opinion of this Court, on the following questions of law:'1. Whether on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in their assumption that the assessee-firm stood dissolved by virtue of Court's compromise decree, having regard to the observations of the Supreme Court in the case of KM. Muthappa Chettiar : [1961]41ITR1(SC) ?' '2. Whether on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in holding that the auction of the assessee-firm'sproperty held among the partners was not a sale, especially in view of the decision of the Bombay High Court in the case of CIT v. Walji Damji : [1955]28ITR914(Bom) and that of the Madras High Court in the case of Gowri Tile Works v. CIT, : [1957]31ITR250(Mad) ?' '3. Whether on the facts and in the circumstances of the case, the Appellate Tri...
Pushpa Trading Company Vs. Boorgu Jagadeshwaraiah and Sons
Court: Andhra Pradesh
Decided on: Jul-24-1998
Reported in: 1998(5)ALD294; 1998(5)ALT348
ORDER1. This revision petition filed by the tenant was earlier heard and allowed by order dated 26-6-1995. Aggrieved by that order the land-lord approached the Supreme Court and in Civil Appeal No.8466 of 1995 the Supreme Court remanded the matter to this Court for considering the objection of the tenant as to the claim of the land-lord. Therefore on remand from Supreme Court this revision petition is taken up for consideration,2. The facts in brief are as follows:The landlord-respondent is the owner of the premises bearing No.7-3-697 to 701 situated at Rashtrapathi Road, Secundcrabad. He filed R.C.No.275 of 1978 on the file of the Principal Rent Controller, City Civil Court, Secunderabad for eviction of the tenant-petitioner from the said premises leased out to him on a monthly rent of Rs.460/-, exclusive of water and electricity consumption charges, on the ground of bona fide personal requirements and also on the ground that the tenant committed acts of waste. The said premises is no...
V. Ramana Reddy Vs. Union of India (Uoi) Rep. by G.M., Sc Rly. and anr ...
Court: Andhra Pradesh
Decided on: Jul-24-1998
Reported in: 1998(6)ALT211
ORDERUmesh Chandra Banerjee, C.J.1. In this application under Section 11(5) of the Arbitration and Conciliation Act, 1996, the petitioner prayed for appointment of an Arbitrator under Clauses 63 and 64 of the General Conditions of Contract.2. The contextual facts depict that in terms of an invitation to tender, the petitioner submitted his tender and his tender was accepted by the respondents and in pursuance whereof the Agreement No. 247/A/CAO/C/SC/95 dated 11-10-1995 was entered into by and between the applicant and the respondents herein. As appears, on the factual score, the awarded work was completed and certain part payments were also made, but on completion of the work, by reason of specific conduct of the respondents herein, the applicant raised various disputes as regards reimbursement of payment made to financier and compensation for loss of profit together with loss sustained by reason of the conduct of the respondents. The applicant herein did, in fact, submit a claim in Ja...
Khaza MoinuddIn Vs. Gayatri Iron Company, Vijayawada
Court: Andhra Pradesh
Decided on: Jul-23-1998
Reported in: 1999(2)ALD539; 1999(2)ALT464
ORDER1. This CRP is directed against the order dated 6-11-1997 in EP No.2/96 in RCC No.235/84 on the file of the Rent Controller, Vijayawada, directing the revision petitioner to file a memo fixing a date for handing-over the schedule premises within ten days from the date of the order and in the event of failure, to issue delivery warrant returnable by 28-11-1997. The revision petitioner is the landlord of the premises and the will be referred as 'land-lord' while the respondent will be referred to as 'tenant'.2. The facts giving rise to this CRP in brief arc that the landlord sought for the demised premises bearing Door No.11-1-22 situate at Vijayawada from the tenant for the purpose of reconstruction under Section 12 of the Andhra Pradesh (Buildings, Lease and Eviction) Control Act (for short 'the Act') in RCC No.235/84. During the pendency of the above RCC the parties settled the matter and accordingly the schedule premises was handed-over to the landlord for the purpose of reconst...
B. Siva Sanker Rao Vs. High Court of A.P.
Court: Andhra Pradesh
Decided on: Jul-23-1998
Reported in: 1999(2)ALD569; 1999(2)ALT38
A.S. Bhate, J.1. The petitioner is aggrieved by the respondent's order dated 13-11-1997, by proceedings No.4518/97-B Section, rejecting his representation. The representation of the petitioner was for purpose of making an entry in the Service Register regarding his true date of birth. Admittedly, the petitioner while entering his service had to supply the Secondary School Certificate. It is his own case that while taking admission in the School wrong date of birth was given in order to avail the benefit of entry in school. This was probably with a view that he could appear at the S.S.C. Examination at the age specified for the examination. We are not concerned with that aspect at this stage. Afterselection in service he made the aforesaid representation.2. When the representation came up for consideration before the Administrative Committee of the respondent, it appears that apart from the petitioner's representation several representations of other officers also came up for considerat...
Boppana Satya Rao Vs. Managing Director, Apsrtc Mushirabad, Hyderabad ...
Court: Andhra Pradesh
Decided on: Jul-23-1998
Reported in: 1998(4)ALD702; 1998(4)ALT610
ORDER1. The petitioner was appointed in the establishment of the Andhra Pradesh State Road Transport Corporation as Driver on 6-2-1987. A charge memo was issued to the petitioner on 7-9-1989 alleging that the petitioner had produced a non-genuine school certificate at the time of recruitment and that conduct of the petitioner tantamounts to misconduct as per the Conduct Regulations. The departmental enquiry was held and the petitioner was removed from service by the order of the disciplinary authority dated 13-5-1992. The petitioner instituted I.D. No. 187/92 before the Labour Court, Visakhapatnam and he did not press that I.D. and the same was disposed of as not pressed by the order of the Labour Court dated 7-2-1994. Later on, the petitioner made a representation to the first respondent on 14-4-1995 requesting the latter to consider his case for reinstatement as was done in respect of several other persons and the first respondent did not pass any orders on that representation. Under...
Rasa Constructions, Engineers and Contractors, Karimnagar Vs. Executio ...
Court: Andhra Pradesh
Decided on: Jul-23-1998
Reported in: 1998(5)ALD106
1. The question that calls for consideration in this Writ Petition is whether the State can demand the damages purported to be arising out of a contractual obligation in the absence of such a power inthe contract by adjusting ihe Earnest Money Deposit and Bank Guarantee and whether the aggrieved party can maintain a writ petition under Article 226 of the Constitution of India.2. The writ petition was initially filed seeking writ of mandamus declaring the action of the respondents in not discharging the bank guarantee for Rs. 11,74,000/- of Indian Bank, Karimnagar and not refunding the deposit of Rs.9,64,000/- and also for not adjusting the refundable amount towards the Earnest Money Deposit of Rs.10.50 lakhs for submitting the tenders pursuant to the notification dated 12-12-1996 and for consequential direction. However, during the pendency of the writ petition, the Respondents issued proceedings dated 16-11-1997 directing the petitioner to remit differential amount after adjusting the...
Kakara Sree Lakshmi Vs. Manager, Registered Educational Society of Sis ...
Court: Andhra Pradesh
Decided on: Jul-23-1998
Reported in: 1998(5)ALD91
ORDER1. The petitioner filed writ petition, questioning the orders of the Management of the first respondent in Lr. No.71 of 1996, dated 2-11-1996, whereunder the appointment of the petitioner as Grade-IITelugu Pandit was kept in abeyance, until the excess post in Sacred Heart High School which is under the same management is transferred to R.C.M.Cathedral Aided Upper Primary School in the light of rejection orders passed by the District Educational Officer in that regard.2. The facts leading to the filing of this case are that initially the petitioner was appointed as Grade-II Telugu Pandit in St.Ann's Girls High School, Kakinada under the Management of the first respondent-Society in 1993. Since then she was continuously working in that capacity. In the mean time, in September, 1996 the Management of the first respondent-Society notified two vacancies in the post of Telugu Pandit Grade-II for -recruitment. Pursuant to the notification the petitioner not only applied but appeared for ...
Mazher Shaheed and Others Vs. Khaja MoinuddIn and Others
Court: Andhra Pradesh
Decided on: Jul-23-1998
Reported in: 1998(5)ALD240
ORDER1. Heard the learned Counsel for the petitioners and the learned Counsel forthe respondents.2. Both the Counsel agreed to dispose of the main writ petition itself.3. The learned Counsel for the petitioners submits that the petitioners are the members of Madina Educational Society, Mahaboobnagar, a Muslim Minority institution with the aims and objectives to impart education to the children and youth of the country with an aim to make them good citizens etc. It is stated that the Society is running the educational institutions. It is statedthat on invitation of the Executive Committee all the petitioners were enrolled as members of the said Society in the Executive Committee Meeting held on 8-3-1998 as per the resolution adopted in the said meeting. It was unanimously resolved to admit the petitioners as the members of the Madina Educational Society, Mahaboobnagar. The said meeting was attended by the members of the Executive Committee. All the members paid the fee as per the requis...
K. Laxman Vs. Deputy Chief Traffic Manager, Apsrtc, Nizamabad and ors.
Court: Andhra Pradesh
Decided on: Jul-23-1998
Reported in: 1998(5)ALD202
ORDER1. Heard. The petitioner has challenged the impugned order of suspension dated 12-4-1996 on the ground that the authority who passed the order i.e. Deputy Chief Traffic Manager, Nizamabad, is not competent to pass this order. Therefore, the order is liable to be set aside.2. It is to be noted at this stage itself that earlier the petitioner was suspended by Depot Manager, Armoor Depot, on the ground that the Depot Manager Nizamabad under whom the petitioner was working as conductor himself was the complainant, that order was challenged in W.P.No.5211/96. This Court, after examining the Regulation 18 found that the order of suspension passed by the Depot Manager, Armoor, was one without jurisdiction since the Depot Manager Annoor was not an authority to which the Depot Manager, Nizamabad, was subordinate in terms of Regulation 18. Accordingly, this Court quashed the said order by allowing writ petition No. 5 211/96 vide judgment and order dated 15-3-1996. Thereafter, the impugned o...
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