Andhra Pradesh Court December 1999 Judgments

P. Kranti Vs. Government of Andhra Pradesh and Others

Court: Andhra Pradesh

Reported in: 2000(2)ALD622; 1999(6)ALT734

ORDER1. The writ petition is filed for a declaration that the action of the Commissioner of Tribal Welfare and the Convenor, EAMCET-99 in not grantingadmission to the petitioner in the I year B.Tech., course in accordance with the rank obtained by her in EAMCET-99 duly considering the Community, Nativity and Dateof Birth Certificate dated 18-9-1999 (hereafter called the Integrated Community Certificate) issued by the 5th respondent, as illegal and for a further direction to the respondents 2 and 3 to grant admission to the petitioner duly setting aside the memo dated 18-11-1999 issued by the 2nd respondent.2. The learned Government Pleader for Social Welfare appeared at the time of admission and the matter as heard at length as the question involved is regarding the admission of the petitioner to B.E course for which classes are likely to commence shortly. The learned Government Pleader has made submissions based on instructions and submitted that as per the admission Rules for B.E. an...

Commissioner of Wealth Tax, A.P.-iii, Hyderabad Vs. B. Chandrasekhara ...

Court: Andhra Pradesh

Reported in: 2000(3)ALD279; 2000(1)ALT250; [2000]242ITR6(AP)

ORDERP. Venkatarama Reddi, J 1. Doubting the correctness of the view expressed in Commissioner of Wealth Tax v. Chandrasekhar Rao : [1989]175ITR66(AP) , a Division Bench of this Court has referred this RC for consideration of the Full Bench. The RC arises out of the reference application filed by the Commissioner of Wealth Tax under Section 256(1) of the Income Tax Act. The questions of law referred are these:'(1) Whether on the facts and circumstances of the case, the appellate Tribunal was right in holding that the provisions of Section 4(1)(b) of the Wealth Tax Act, Rule 2 of the Wealth Tax Rules and the principle decided by the A.P. High Court in : [1981]129ITR203(AP) are not applicable in the case of the assessee who is a 'minor'? (2) Whether on the facts and circumstances of the case, the appellate Tribunal was right in directing the Wealth Tax Officer to grant exemption under Section 5(1)(iv) separately for a minor.' 2. Before we proceed to state the facts, we would like to extr...

A. Subbarao Vs. Revenue Divisional Officer, Kovvur and Another

Court: Andhra Pradesh

Reported in: 2000(3)ALD643

ORDER1. This writ petition was filed by the petitioner seeking a writ, order or direction, more particularly one in the nature of writ of mandamus directing the respondents to grant license/authorisation for distribution of the essential commodities in favour of the petitioner which stands in the name of his father, i.e., Shop No.13, Brahmannagudem, Chagallu Mandal, West Godavari District and pass such further orders.2. The case of the petitioner is that his father was granted authorisation for distribution of kerosene for Shop No.13, Brahmannagudem, Chagallu Mandal, West Godavari District vide licence No.55/80-81 dated 4-11-1980. Thereafter, the authorisation for distribution of essential commodities was also granted in the year 1981 and since then he had been distributing the same to the card holders without any remark or complaint, and the licence was renewed from time to time upto 16-1-1998 for kerosene and the authorisation for distribution of essential commodities is valid upto 3...

Ganesh Patwari Vs. Talla Venkata Ramana Reddy and Another

Court: Andhra Pradesh

Reported in: 2000(4)ALD333; 2000(2)ALT225

ORDER1. This revision is directed against the order dated 28-3-1994 passed by the Subordinate Judge, Mandanapalle in IANo.734 of 1993 in OS No.120 of 1979.2. The defendant No. 1 is the Revision Petitioner. The first respondent-plaintiff filed the suit OS No.120 of 1979 for recovery of a sum of Rs.48,000/- from the first defendant stating that he purchased car from the second defendant for Rs.35,000/- and brought it from Madras to Madanapelle and effected repairs after repairs he sold the said car to the first defendant who agreed to purchase the same for Rs.45,000/- and paid Rs.1,000/- in cash and Rs.14,000 was adjusted for the value of Singer five thread over lock machine given by first defendant to plaintiffs factory and he issued a cheque for balance of Rs.30,000/- on 27-11-1976 and took delivery of the vehicle. As the defendant failed to pay the amount he instituted the present suit.3. The defendant filed written statement denying the transaction but he stated that he issued cheque...

Boppanna Arjuna Rao Vs. Executive Officer, Tirumala Tirupathi Devastha ...

Court: Andhra Pradesh

Reported in: [2001]124STC449(AP)

P. Venkatarama Reddi, J. 1. The petitioner questions the action of the respondents Nos. 1 and 2 in effecting recovery towards sales tax at 4 per cent from the bills payable to the petitioner in connection with the works contract entrusted to him through agreement No. 15/SE. III/1997-98. The petitioner submits that such deduction under Section 5-H of the Andhra Pradesh General Sales Tax Act, 1957 is contrary to G.O. Ms. No. 314, Revenue (CT.II.) Department, dated April 28, 1988 and the circular issued by the Chief Engineer, Tirumala Tirupathi Devasthanam (T.T.D.), in Roc No. 125/D1/CE/95 dated October 28, 1995. The petitioner also seeks a. direction to refund the tax already recovered from the bills.2. It is unfortunate that none appears for respondents Nos. 1 and 2 though the case was adjourned on a number of occasions earlier.3. The circular issued by the Chief Engineer, T.T.D., is based on G.O. Ms. No. 314, Revenue (CT.II.) Department, dated April 28, 1988. The notification issued un...

The Managing Director, M/S. Sree Pujitha Chit Fund (P) Ltd. and Anothe ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. We heard the learned Counsel on both sides. The opposite parties in CD No. 14/1998 on the file of Visakhapatnam District Forum had preferred this appeal questioning its order dated 15.5.1999 directing them to pay to the complainant Rs. 58,750/- together with interest @ 24% per annum from September, 1997 till the date of payment and also Rs. 3,000/- as compensation together with interest @ 15% per annum if it was not paid within two months and costs of Rs. 1,000/-. The complainant in the CD is the respondent before us. 2. The main facts are not in dispute. The complainant joined chit group SPLP 7/30 of the appellant. The chit amount was Rs. 2,00,000/- to be paid in 40 monthly instalments of Rs. 5,000/- per month and the group was started in April, 1994. The complainant paid 17 instalments. The amount paid by her was Rs. 58,750/-. She committed default thereafter. She claimed repayment of the said sum after the chit period was over i.e. some time in August,...

New India Assurance Co., Ltd., Nizamabad Vs. Palle Sattaiah and Anothe ...

Court: Andhra Pradesh

Reported in: II(2000)ACC604; 2000(1)ALD491; 2000(1)ALD491; 2000(2)ALT251; 2000(2)ALT251; [2000(19)FLR719]

1. CMA No.1086 of 1995is preferred against the order dated 6-6-1995 in WC No.Bl/1057/94 NF and CMA No.1087 of 1997 is preferred against the order dated 6-6-1995 in WC No.Bl/1055/94 NF, passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Nizamabad, by the Insurance Company.2. Since both the CMAs., arise out of the same accident and as the issue involved in'both the appeals is one and the same, the appeals are disposed of by a common judgment.3. The brief facts of the case leading rise to these CMAs. are as follows:On 8-5-1994 at 8.00 a.m. the applicants, who are the respondent No.1 in both theappeals, along with others were travelling as labourers in the tractor Bearing No.AP 25 2723 and trailer At' 25-T 3036 from Bardipur to Nizamabad canal karta by loading 'moram', and that when they reached near Station bridge of Bardipur village, the tractor and trailor turned turtle due to rash and negligent driving of the driver of the tractor and trailer, a...

Rizwan and Others Vs. Alleemunnisa Begum

Court: Andhra Pradesh

Reported in: 2000(1)ALD525

1. This revision is directed against the order passed by the Chief Judge, City Small Causes Court, Hyderabad, passed in RA No.272 of 1990 on 22-12-1994 confirming the order passed by the Principal Rent Controller, Hyderabad, in RC No.299 of 1981, dated 6-7-1990 whereby the petitioners have been ordered to vacate from the suit accommodation.2. The facts which are no longer in dispute before me, in short, are that, the deceased Shaban Ali was the husband of the first petitioner and the father of thepetitioner Nos.2 and 3. He had taken the suit accommodation on lease initially for a period of 10 years for non-residential purpose on 11-12-1963 through registered lease deed, Ex.P2, from the respondent-landlady on a monthly rent of Rs.270/- excluding water and electricity charges. The rent was agreed to be enhanced to Rs.300/- per month from 11-12-1973 (sic). The said Shaban Ali expired some time in the year 1967. The respondent-land lady did not know about his death. She terminated his tena...

Doddi App Rao (Dead) Per Lrs. Vs. General Manager, Telecom, Rajahmundr ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD607; 1999(6)ALT721; I(2000)DMC563

ORDER1. The first petitioner herein has invoked the jurisdiction of this Courtunder Article 226 of the Constitution of India with a prayer as under :'For the reasons stated and in the circumstances stated in the accompanying affidavit, the petitioners herein pray that this Hon'ble Court in the interests of justice be pleased to issue a writ, order or direction more particularly one in the nature of writ of certiorari (a) call for the records relating to and connected with the judgment dated 12-7-1999 in OA No.167 of 1998 on the file of Hon'ble Central Administrative Tribunal, Hyderabad, and quash or set aside the same; (b) further declare that the order passed by the Appellate Authority No.TD/ EG/Appeal/DAR/96/4, dated 10-2-1997 as bad in law and unsustainable; (c) consequently direct the respondents to treat the petitioner as entitled to all benefits without any regard being it had to the proceedings dated 10-2-1997of the appellate authority by granting all attendant benefits duly tr...

A. Prathyusha Vs. Registrar, Ntr University of Health Sciences and Ano ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD639; 2000(1)ALT543

ORDER1. The petitioner's father belongs to forward caste. Her mother is said to belong to scheduled caste family. The petitioner appeared for EAMCET-99 with the hope of getting a medical seat. She obtained a rank of 03445 which was latter revised as 03419. She realised that with this rank she will not get seat in the OC category which she claimed earlier as belonging to OC throughout her academic career upto VII Class, upto X Class and upto Intermediate level. At all these crucial stages of her education thus far, she never claimed that she belongs to scheduled caste. However, after appearing from EAMCET-99 and after realising that she will not be able to get medical seat in the OC category, she thought that by procuring a scheduled caste certificate she will be able to get a seat reserved for SC candidates. Therefore, her father appears to have found a clever way. He made her apply for a community certificate claiming as belonging to 'Mala' caste which is a scheduled caste.2. The Gove...