Andhra Pradesh Court December 1999 Judgments
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A.H. Faruqui Vs. Chairman and Managing Director, Singareni Colleries L ...
Court: Andhra Pradesh
Decided on: Dec-28-1999
Reported in: 2000(2)ALD336; 2000(2)ALD336; 2000(1)ALT727; 2000(1)ALT727; [2000(85)FLR351]
ORDERR. Ramanujam, J.1. This writ appeal is directed against the order dated 29-7-1999 passed by a learned single Judge of this Court in Writ Petition No.15540 of 1999 dismissing the writ petition at the admission stage.2. The material facts of the case are as under:The Singareni Collieries Company Limited, the 1st respondent herein, herein after referred to as 'the Company', is running several high schools. The petitioner herein was appointed, initially, as a T.G. Assistant in one such school with effect from 19-7-1996. Subsequently, by an order dated 3-1-1998, the company appointed him as Head Master. The said appointment order clearly recites, inter alia, that he will be eligible for other pecuniary benefits as allowed by the Andhra Pradesh State Government for teachers employed in recognised high schools and he will be eligible for usual leave and other privileges in accordance with the company rules in force from time to time.3. By a letter dated 22-3-1999 issued by the Chief (Tra...
Kantipudi Jayaseela Vs. State and Others
Court: Andhra Pradesh
Decided on: Dec-28-1999
Reported in: 2000(2)ALD414; 2000(1)ALD(Cri)384; 2000(1)ALT(Cri)451; 2000CriLJ2048
1. The petitioner is CW1. She filed the petition underSection 319(1)(4)(a) Cr.PC praying to issue proceedings to commence trial afresh on the ground that the 6th respondent was impleaded as 5th accused. The petitioner is the wife of Sudhakar. On report given by PW15, the case was registered under Section 302 read with Section 34 IPC in Cr.No.154 of 1990 against A1 to A4. The Ill-Metropolitan Sessions Judge, Vijayawada tried the offence punishable under Section 302 read with Section 34 IPC. The trial commenced on 24-2-1992 and 11 prosecution witnesses were examined by 28-2-1992, On 28-2-1992 the petitioner filed a petition under Section 311 Cr.PC to examine LWs.6 and 7, who are no other than the petitioner and her mother-in-law as Court witnesses. They were also examined as CWs.1 and 2. Subsequently, PWs.12 to 19 were examined. The prosecution evidence was closed on 20-11-1992. Section 313 Cr.PC examination was also over. The case was posted for arguments on 7-1-1993.2. At this juncture...
M.N. Bhangay Vs. Jawaharlal Nehru Technological University, Hyd. and O ...
Court: Andhra Pradesh
Decided on: Dec-28-1999
Reported in: 2000(3)ALD588; 2000(2)ALT461
ORDERR. Ramanujam, J.1. This writ appeal is against the order of a learned single Judge of this Court disposing WPNo.14169 of 1992 with certain directions.2. Not satisfied with the directions given by the learned single Judge, the writ petitioner filed the present appeal.3. The appellant, who is working as a Grade I Art Teacher in the Jawaharlal Nehru Technological University, 1st respondent herein, filed the writ petition claiming the following three reliefs:(1) direction to the respondents to promote him as a Lecturer in Commercial Art Department;(2) direction to the respondents to extend the benefit of G.O. Ms. No.117, Finance and Planning (F.W.PRC.1) Department, dated 25-5-1981 to theteaching staff of the 1st respondent-University, including him; and(3) direction to the respondents to implement the scales of Music Colleges to them as per letter dated 17-4-1980 of the Registrar of the 1st respondent-University.4. The learned single Judge, on a consideration of the facts and circumst...
Ch. Patel Agencies Vs. Assistant Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Dec-28-1999
Reported in: [2000]243ITR768(AP)
P. Venkatarama Reddi, J.1. In this application under Section 256(2) of the Income-tax Act, 1961, the assessee seeks reference of the following questions :'1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in its conclusion that the assessee cannot support the grounds taken before the Commissioner of Income-tax (Appeals) by taking up a new plea in respect of the same subject-matter of appeal ?2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in law in holding' that the sum of Rs. 1,11,892 is liable to tax and cannot be allowed as deduction from out of the income of the assessee-firm for the assessment year 1986-87 ?3. Whether, on the facts and in the circumstances of the case, the conclusion of the Income-tax Appellate Tribunal that the sum of Rs. 1,11,892 is liable to tax, is perverse or supported by any material on record or based on no material or unreasonable ?4. Wheth...
Ch. Patel Agencies Vs. Assistant Commissioner of Income Tax
Court: Andhra Pradesh
Decided on: Dec-28-1999
Reported in: [2000]109TAXMAN391(AP)
Reddi, J. In this application under section 256(2) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), the assessee seeks reference of the following questions :' 1. Whether, on the facts and in the circumstances of the case, the Tribunal is correct in its conclusion that the assessee cannot support the grounds taken before the Commissioner (Appeals) by taking up a new plea in respect of the same subject-matter of appeal ?2 Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the sum of Rs. 1, 11,892 is liable to tax and cannot be allowed as deduction from out of the income of the assessee-firm for the assessment year 1986-87 ?3. Whether, on the facts and in the circumstances of the case, the conclusion of the Tribunal that the sum of Rs. 1,11,892 is liable to tax, is perverse or supported by any material on record or based on no material or unreasonable ?4. Whether, on the facts and in the circumstances of the case, ...
G. Srinivas Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Dec-27-1999
Reported in: 2000(1)ALD619; 2000(1)ALT129
ORDERElipe Dharmarao, J.1. The writ petition Nos.14872 and 15395 of 1999 are filed by the Andhra Pradesh Public Service Commission and the other eight writ petitions are filed by the other eligible candidates who appeared for the interview, for appointment of 176 posts of Assistant Executive Engineers in Panchayath Raj Engineering Services, seeking a writ of certiorari to call for the records relating to the common judgment in OA No.8622 of 1998 and OA No.8609 of 1998 dated 1-4-1999 of the Andhra Pradesh Administrative Tribunal, Hyderabad, and to quash the same, as illegal, arbitrary and unconstitutional.2. The brief facts of the case are that the Andhra Pradesh Public Service Commission (for short Service Commission) issued notification in Advertisement No.8 of 1995 dated 27-11-1995 inviting applications from the eligible candidates for Gazetted and Zonal posts of Assistant Executive Engineers in A.P. Panchayath Raj Engineering Service, A.P. R & B EngineeringService, A.P. Engineering ...
Union of India and Another Vs. J. Bhaskara Rao
Court: Andhra Pradesh
Decided on: Dec-27-1999
Reported in: 2000(2)ALD328; 2000(4)ALT494
ORDER1. This is an application filed by the respondents in AA No.43 of 1997 under Order IX Rule 13 of the Code of Civil Procedure and Rule 8 of the High Court notification dated 24-07-1996 issued under the Arbitration and Conciliation Act, 1996, to set aside the ex parte order dated 06-08-1999.2. One Mr. P.G. Choudhury, Assistant Engineer (construction), South Central Railway sworn to the affidavit stating thatill the arbitration application, the matter was taken up for hearing before the Hon'ble the Chief Justice and later on the matter was made over to another learned Judge, who is dealing with the original side matters. When the matter came up for hearing on 21-1-1999, the learned Judge passed an order directing the applicant for payment of the admitted amount on or before 1-2-1999, and accordingly the said amount was paid by way of cheque to the respondents. Later on, when the matter again came up for hearing the applicant in AA No.43 of 1997 had engaged an advocate from Madras to ...
Bar Association, Razole Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Dec-27-1999
Reported in: 2000(3)ALD23
ORDERP. Venkatarama Reddi, J 1. The Bar Association, Razole, East Godavari District has filed this writ petition questioning the G.O.Ms.No.127, Law Courts-C Department, dated 9-7-1999 sanctioning the establishment of Senior Civil Judge's Court at Kothapeta as arbitrary and vitiated by legal mala fides.2. At present, there is a Junior Civil Judge-cum-First Class Magistrate's Court covering the Revenue Mandals of Kothapeta, Ravulapaiem, P. Gannavaram and Athrayapuram. The Senior Civil Judge's Court at Razole has been functioning at Razole since the year 1974 or so. It covers the areas within the territorial jurisdiction of Junior Civil Judge's Courts at Kothapeta and Razole. In February, 1992, the High Court recommended to the Government for establishing 72 new Courts of various categories. Senior Civil Judge's Court, Kothapeta was one amongst the new Courts recommended by the High Court. Out of these 72, in 1995, the Government issued orders sanctioning the establishment of 26 new Court...
Kothuru Babu Surendra Kumar (Died) and Others Vs. Special Officer and ...
Court: Andhra Pradesh
Decided on: Dec-27-1999
Reported in: 2000(4)ALD596; 2000(4)ALT694
ORDER1. In this Batch of writ petitions, the question of law and facts are identical and therefore, I am disposing of them by a common order.2. In all the writ petitions filed the petitioners prayed to call for the records in CC No.B4.2728/82 on the file of the first respondent and to issue a writ of mandamus declaring the impugned orders dated 12-4-1990 of the second respondent and the consequential orders of the first respondent dated 19-2-1991 issued under Section 10(1) and 10(3) of the Urabn Land (Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976) (for short 'the Act') by the first respondent; and notice dated 28-2-1992 issued under Section 10(5) of the Act, as null and void insofar as the petitioners' lands are concerned.3. The facts, in nutshell in WP No. 14986 of 1992, are that the petitioner is the owner of the land to an extnent of Ac.0-13 cents (625 square yards) out of Ac.01-67 cents in RS. No. 143/2 of Patamata village, which was purchased by his late father under a...
National Mineral Development Corporation Limited Vs. Commercial Tax Of ...
Court: Andhra Pradesh
Decided on: Dec-27-1999
Reported in: [2000]118STC571(AP)
P. Venkatarama Reddi, J.1. The petitioner seeks a writ of certiorari quashing the impugned order dated October 20, 1999 in R.C. No. 1396/99-2000 1396/99-2000 passed by the first respondent herein. By the said order, the petitioner-company was subjected to tax under the Central Sales Tax Act, 1956 (hereinafter referred to as 'the C.S.T. Act') on a turnover of Rs. 11,58,49,711 and tax of Rs. 1,17,65,468 was demanded. Originally by an order dated September 6, 1995, the petitioner was assessed to tax for the year 1992-93 under the Central Sales Tax Act on a net turnover of Rs. 26,20,711 by the assessment order dated September 6, 1995. The impugned order which was passed on October 20, 1999 purports to be a revised assessment order made as a sequel to the order of the Sales Tax Appellate Tribunal in T.A. No. 413 of 1996 arising out of APGST assessment for the year 1992-93. The disputed turnover in T.A. No. 413 of 1996 was Rs. 11,76,29,000 which is made up of two items : (1) 'premium' receiv...
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