Andhra Pradesh Court September 1998 Judgments
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Commissioner of Income-tax, A.P.-i Vs. Agarwal Enterprises
Court: Andhra Pradesh
Decided on: Sep-14-1998
Reported in: 1998(6)ALD488; [1999]236ITR412(AP)
ORDERS.V. MARUTHI, J 1. The Tribunalreferred the following question at the distance of the Revenue for opinion of this Court:Whether on the facts and in the circumstances of the case and the valuation of the stock-in-trade i.e., land at Rs.6-1/2 lakhs on the opening date of accounting year, the Tribunal was justified in holding that the valuation has no relevance and the land could be valued at Rs.27 lakhs and further holding that there was no escapement of income?The facts in brief are as follows:The assessee is a firm consisting of three partners i.e., two individuals and one Limited Company by name Agarwal Vanaspati Private Limited. The firm was constituted on 24-11-1980. The business has dealings in real estate, buildings, properties, etc. The two partners Smt. Shantabai and Smt. Kantabai,brought in as their contribution towards capital their interest in an immovable property situated at Edenbagh, the property was valued at Rs.6.5 lakhs and hah0share was credited to the account of ...
P. Kanthi Kumari Vs. State of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Sep-11-1998
Reported in: 1998(6)ALD98; 1998(6)ALT469
1. The petitioner was appointed by 4th respondent college on 15-7-1986 in a leave arrangement against an aided post which was occupied by one Sister Annette John. The petitioner was appointed from 15-7-1986 to 20-3-1987 and she was paid salary in accordance with the Government rules. She states that, the 4th respondent thereafter sent proposal to respondents 2 and 3 for ratifying the appointment of the petitioner. The respondents 2 and 3 initially ratified the appointment for a period of one year. Then, again proposals were sent but they were not being ratified and at the same time Sister Annette John in whose leave arrangement the petitioner had been appointed had resigned. She submits that she gave several reminders but no orders were issued by the Government. She states that, she held the post and the fourth respondent addressed a letter dated 15-7-1992 to the second respondent for issuance of ordersof regularisation of services of the petitioner so that audit objections are overcom...
Kaheeda MoIn and ors. Vs. Md. Iqbal Ali and ors.
Court: Andhra Pradesh
Decided on: Sep-11-1998
Reported in: 1998(5)ALD633; 1998(5)ALT704
ORDER1. This revision is filed by the plaintiffs in O.S.No.716 of 1995 on the file of the II Additional Subordinate Judge, Rangareddi District, Hyderabad questioning the impugned orders dated 4-9-1997 by which the disputed document dated 17-2-1983 was not permitted to be marked as evidence as inadmissible on the ground of non-registration. 2. The revision petitioners, who are the plaintiffs filed the said suit seeking the relief Of declaration of their title and for recovery of possession of the suit property and also for the relief of permanent injunction against the respondents herein contending that the suit property along with some other properties were jointly purchased by them under a registered sale deed dated 10-9-1979 and all of them continued to be in joint possession and enjoyment of the said properties that subsequently there was a partition of those properties effected on 17-2-1983 in the presence of elders and in that partition the present suit properties fell to the shar...
P.V. Krishna Vs. Commissioner for Tenders, Hyd. and ors.
Court: Andhra Pradesh
Decided on: Sep-11-1998
Reported in: 1998(5)ALD745
ORDER1. This batch of three writ petitions and two contempt cases can be disposed of by a common order as the subject matter and the question for decision is one and the same.2. The relevant facts may bementioned briefly: For the sake of convenience the parties will be referred to as arrayed in WP No.20349 of 1998. The Superintending Engineer and Project Administrator, Construction Circle, Dowleswaram, East Godavari District, third respondent, issued a tender notice on 18-3-1998 calling for tenders with regard to the execution of four works at Dowleswaram barrage as specified in the said tender notice. The tenders were opened on 16-4-1998. The tender of the 4th respondent was found to be the lowest for all the four works put together. Insofar as the fourth work is concerned, since the value of the said work exceeded rupees one crore, it had to be referred to the Commissioner of Tenders for Finalising the tender. The Commissionerate of Tenders, by its proceedings dated 30-6-1998, whilea...
i.V.R. Constructions Ltd. Vs. Sukdevraj Sharma and Bros and Others
Court: Andhra Pradesh
Decided on: Sep-11-1998
Reported in: 1998(6)ALD467; 1998(6)ALT245
ORDERN.Y. Hanumanthappa, J.1. All these three appeals have been filed against the order of this Court dated 1-5-1998 passed in WPNo.3912ofl998.2. Since the question involved in these appeals is one and the same, they are heard together and disposed by a commonjudgment.3. WP No.3912 of 1998 was filed by M/s Sukhdevraj Sharma and Brothers against four respondents, namely (1) Union of India, Department of Telecommunications, (2) Executive Engineer, Telecom, Civil Division-I, (3) Chief Engineer, Telecom, Civil Zone and (4) M/s. IVR Constructions Ltd., seeking a direction to the 2nd respondent to accept the petitioner's tender which is the lowest.4. After hearing both sides, the learned single Judge passed the impugned order directing the respondents-authorities to retender the work and allot it to the successful bidder. Aggrieved by this, the Respondent Nos. 1 to 3 filed WA No.982 of 1998, the 4th respondent filed WANo.973 of 1998. Also the petitioner WA No.980 of 1998 aggrieved by this or...
Andhra Pradesh Oil Millers Association Limited, Kishen Gunj, Hyderabad ...
Court: Andhra Pradesh
Decided on: Sep-10-1998
Reported in: 1998(5)ALD704; 1998(5)ALT433
ORDER1. The question that arises for consideration is whether the dealers in edible oil seeds or edible oils are still required to obtain licence under the A.P. Scheduled Commodities Dealers' (Licensing and Distribution) Order, 1982 in view of amendment deleting the edible oil seeds and edible oils from the purview of Pulses, Edible Oil seeds and Edible Oils (Storage Control) Order, 1977.2. In both the Writ Petitions common questions of law arise for consideration. Therefore, they are disposed of by a common judgment3. The petitioner is an Oil MillersAssociation and the members of the association are the manufacturers and dealers of edible oils. The edible oil seeds as well as edible oil are declared as essential commodities under Section 2(a)(v) of the Essential Commodities Act (for short 'the Act') if the Central Government is of the opinion that it is necessary or expedient so to do for maintaining or increasing supply of any essential commodityor for securing their equitable distri...
K. Subba Reddy Vs. General Manager (Personnel), Andhra Bank, Central O ...
Court: Andhra Pradesh
Decided on: Sep-10-1998
Reported in: 1998(6)ALD6; 1998(6)ALT603
ORDER1. Rule nisi. Sri K. Srinivasa Murthy, took notice for the respondents. The writ petition was heard finally with the consent of the learned Counsel for both the parties.2. The petitioner is a delinquent against whom the management of the respondent bank has initiated disciplinary proceedings. In this writ petition the petitioner has assailed the Constitutional validity of Regulation 6(7) and Regulation 3(j) of Andhra Bank Officer Employees' (Discipline and Appeal) Regulations, 1981, for short 'the Regulations'. Regulation 6(7) provides that a delinquent employee may be represented by an officer employee of his choice in a departmental enquiry initiated against such employee, the term officer employee' is defined in clause (j) of Regulation 3 to mean a person who holds asupervisory, administrative or managerial post in the bank or any other person who has been appointed and is functioning as an officer of the bank, by whatever designations called and includes a person whose service...
V. Gopalakrishnaiah Vs. District Co-operative Central Bank, Kakinada, ...
Court: Andhra Pradesh
Decided on: Sep-10-1998
Reported in: 1998(6)ALD137; 1998(5)ALT668
ORDERN.Y. Hanumanthappa, J 1. All these writ petitions have been filed by the employees working in the District Co-operative Central Bank Ltd., of various districts seeking a direction to the respondents in the nature of a writ of Mandamus declaring the action of the respondents in fixing the age of superannuation of the petitioners at 58 years and contrary to the provisions of the Andhra Pradesh Shops and Establishments Act, 1988 (Act 20 of 1988) (for short 'the Act', 1988); and for a consequential order directing the respondents to continue the petitioners in service upto the age of sixty (60) years in the respondents-Banks.2. The point that raises for consideration in all these writ petitions is one and the same. Hence all these writ petitions are clubbed together and disposed of by this common judgment.3. The facts, in brif, are that the petitioners in these writ petitions are appointed in the respondents/Banks in various districts under various capacities and discharging their dut...
A. Sarvagna Chowdary Vs. State Bank of India, Local Head Office, Bank ...
Court: Andhra Pradesh
Decided on: Sep-10-1998
Reported in: 1998(6)ALD155
1. The petitioner was working with the respondent Bank. He was transferred somewhere in 1986 from one place to another. He filed a writ petition in the Court which was dismissed, thereafter he applied for leave. Leave as granted but still he did not join the duty after expiry of theperiod of leave, consequently he was placed under suspension on 3rd September, 1986. A charge-sheet was also served and an enquiry was initiated. Ultimately he filed Writ Petition No. 16686 of 1989 by which he claimed subsistence allowance at the rate of 100%. An order was passed by this Court on 29-11-1989 directing the second respondent to pay 100% subsistence allowance to the petitioner. The petitioner states that during the year 1990 he suffered serious sickness and was under treatment at NIMS, Hyderabad from February, 1990 onwards as in-patient and some time as out-patient. He further states that in pursuance of the order of the High Court dated 29-11-1989 he was receiving 100% subsistence allowance but...
P.R. Subas Chandran Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Sep-10-1998
Reported in: 1998(6)ALT467
ORDER1. Rule Nisi. The learned Government Pleader for G.A.D. took notice for the respondents. The Writ Petition was heard finally with the consent of learned Counsel for the parties.2. The petitioner has averred that he is a Freelance Journalist and he is working in a local daily newspaper and regularly contributing to other up country magazines. The petitioner has not disclosed the identity of the newspaper where he is presently serving. Be that as it may, he has filed this Writ Petition as a pro bono public character to espouse the public interest. The learned Counsel for thepetitioner submitted that the appointment of the third respondent, after his retirement on attaining the age of superannuation, on contract basis is quite contrary to law and the Government Order, G.O.Ms. No. 241, dated 24-10-1995 which has laid down certain guide-lines for regulating re-employment or re-appointment of the State Officers who retire from service on attaining the age of superannuation. It is well s...
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