Andhra Pradesh Court April 1999 Judgments

Ramlal Agarwal Vs. Shanta Devi and Others

Court: Andhra Pradesh

Reported in: 1999(3)ALD19; 1999(3)ALT197; I(2000)DMC640

ORDERVaman Rao, J. 1. This appeal is directed against the judgment of a learned single Judge rendered in CCCA No.91 of 1997 against the judgment of the V Additional Judge, City Civil Court, Hyderabad, in OS No. 1332 of 1994. The suit was decreed by the learned V Additional Judge. Aggrieved by the said judgment, the defendants filed appeal which was inturn allowed by the learned single Judge.2. The facts relevant to this appeal may be stated briefly as follows :The parties in this LPA will be referred to in this judgment with reference to their status in the original suit. The first defendant is the wife of the plaintiff. Defendants 2 and 3 are the parents of the 1st defendant. Defendants 4 and 5 are the daughters of the plaintiff. It is averred that the plaintiff's relation with his wife-1st defendant were strained which resulted in filing OP No.67 of 1990 for dissolution of marriage by decree of divorce. The same was pending on the file of the I Additional Judge, City Civil Court, Hyd...

K. Chennaiah and Others Vs. Govt. of Andhra Pradesh, Higher Education ...

Court: Andhra Pradesh

Reported in: 1999(3)ALD261; 1999(3)ALT124

ORDERB. Subhashan Reddy, J.1. Thiswrit petition has beCn filed assailing the order dated 17-7-1998 passed by the Andhra Pradesh Administrative Tribunal in OA No.2198 of 1998 and Batch.2. Petitioners are the non-teaching staff working in the Directors of Collegiate Education, Intermediate Education and their subordinate offices.3. Recruitment to the posts ofJunior Lecturers is governed by the Andhra Pradesh Intermediate Education Service Rules framed in G.O. Ms. No.302, Education (IE.1) Department, dated 30-12-1993 in exercise of the powers under second proviso to Article 309 of the Indian Constitution. There are 3 sources of recruitment, i.e., (i) Direct recruitment, (ii) Recruitment by transfer from School Assistants in Category 1(b) of Class-C, Language Pandits including Hindi Pandits and Munshis Grade I in Category I of Class D of Andhra Pradcsh School Education Subordinate Service Rules (G.O. Ms. No.302), and (iii) Recruitment by transfer from any other service. Quota provided for ...

Mohd. Tahseen Vs. Govt. of A.P. and Others

Court: Andhra Pradesh

Reported in: 1999(3)ALD248; 1999(3)ALT115

ORDERVaman Rao, J. 1. This writ petitionis directed against the orders dated4-5-1998 passed by the Andhra PradeshAdministrative Tribunal in OA No.5144of 1997.2. The petitioner filed the said OA before the Tribunal complaining against the release of only 75% of pension to him on his retirement on superannuation. By subsequent amendment in the OA, a prayer was included to set aside the orders of the Government in Memo No.1000/SC-Al/ 96-1, dated 2-8-1997 as being illegal and without jurisdiction, whereunder a departmental enquiry was initiated against the petitioner on certain alleged misconduct.3. The case of the petitioner is that he worked as an Additional Superintendent of Police, Hyderabad in the Office of the Commissioner of Police, Hyderabad, and retired on 31-10-1996 on attaining the age of superannuation. As per the procedure prevailing, the petitioner's pension papers were forwarded to the Accountant General. The third respondent-the Commissioner of Police, Hyderabad permitted t...

Machiraju (Pedaprolu) Aparna Vs. Staff Selection Commission, Bangalore ...

Court: Andhra Pradesh

Reported in: 1999(3)ALD499; 1999(3)ALT175

ORDERVaman Rao, J 1. This writ petition is directed against he order of the dismissal passed in OA No.1659 of 1997 dated 4-8-1998 on the file of the Central Administrative Tribunal, Hyderabad.2. The facts leading to filing of this writ petition as stated in the affidavit filed in support of the petitioner may be stated briefly as follows : The petitioner herein (applicant in OA before the Tribunal) was selected for the post of Lower Division Clerk by Staff Selection Commission and was allotted to the All Indian Radio on 29-5-1985. She possessed M.Com., degree from Andhra University, a Diploma in Library Science and certificates of Typewriting English, Lower and Higher grades. She also underwent Computer course in introduction to PCs and Xenix related to software conducted by National Informatics Centre. She had also passed 'Pragya' Course in Hindi.3. The Staff Selection Commission issued advertisement No.1/97 inviting applications for the post of Section Officers (Commercial). The Uppe...

Singarasu Venkayamma Vs. State, Excise Inspector, Chirala Excise Range

Court: Andhra Pradesh

Reported in: 1999(1)ALD(Cri)935; 1999(4)ALT7; 1999(2)ALT(Cri)144; 2000(70)ECC631

Bilal Nazki, J.1. This is an appeal against conviction and sentence of the appellant under Section 17 of the N.D.P.S. Act, 1985. The accused has been sentenced to rigorous imprisonment of 10 years and fine of Rs. 1,00,000/-, in default she has to suffer simple imprisonment for 2 1/2 years. The case of the prosecution before the trial Court was that, at about 12.30 noon on 26-9-91 a house bearing Door No. 19-11-7 situated at Golivari street, Ganjipalem of Chirala town was searched by the Assistant Excise Superintendent accompanied by other witnesses. The accused was found in the house. Search warrant was served on the accused. P.Ws. 2 and 5 searched the house in presence of P.W.1 and L.W.2 and found a wooden box on the northern corner of the room near the door way. Box was opened, a blue coloured polythene packet was found. The said packet contained small paper packets in which opium was found. In all there were 10 paper packets weighing about 120 grams of opium. One paper packet of opi...

Bpl Limited, Hyderabad Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 1999(3)ALD24; 1999(3)ALT254

ORDERB. Subhashan Reddy, J. 1. This batch of Tax Revision Cases arise under The Andhra Pradesh General Sales Tax Act (hereinafter referred to as 'the APGSTAct'). In these cases, there is an important question regarding the levy of sales-tax on the sale of washing machines sold by M/s. BPL Limited.2. In 2 cases, orders were passed by the Assistant Commissioner (CT), Intelligence, Abids Division, Hyderabad, while in other 5 matters final assessment orders were passed by the Commercial Tax Officers of Chikkadpally and Ashoknagar Circles of Hyderabad. The said authorities had passed orders levying the sales-tax at the rate of 10% as against the exigibility at the rate of 4% claimed by the assessees. 7 appeals were preferred to the Appellate Deputy Commissioner (CT), Hyderabad Division, but the said levy was upheld. Further appeals were filed before the Sales Tax Appellate Tribunal, which also by its common order dated 16-4-1996 upheld the assessment of tax by the authorities below. Hence, ...

M. Ram Mohan Rao Vs. Chairman, Apsrtc, Musheerabad, Hyderabad and Othe ...

Court: Andhra Pradesh

Reported in: 1999(3)ALD348; 1999(3)ALT216

ORDER1. This writ petition is filed for a declaration declaring the action of the respondents in not promoting the petitioner to the post of Executive Director in terms of Judgment in WA No.94/1987 and WP No.5211/1993 as illegal, arbitrary and unjust.2. The petitioner was appointed as Assistant Mechanical Engineer in the respondent-Corporation in the year 1965.On 12-4-1982 he was kept under suspension. On 18-11-1983 his services were terminated. On 7-6-1984 the order' terminating his service was confirmed by the Board. Aggrieved by the orders of the Board, the petitioner filed WP No.15471/ 1984. The said writ petition was dismissed on 11-5-986 against which he filed WA No.94/1987 and the same was allowed on 31-3-1992. Against the judgment in WA No.94/1987, SLP No.6780/1992 was filed which was dismissed on 13-11-1992. Since the respondents have no succeeded before the Supreme Court, they have implemented the judgment in WA No.94/1987 and the petitioner was reinstated into service on 25-...

Commissioner of Gift-tax, Bangalore Vs. K. Saradhi

Court: Andhra Pradesh

Reported in: 1999(5)ALD87; 1999(3)ALT262; [2000]241ITR213(AP)

ORDERB. Subhashan Reddy, J1. This Gift Tax Case is preferred by the Revenue against the order of the Income Tax Appellate Tribunal, Hyderabad-B Bench, dated 24-4-1991 rejecting the plea of the Revenue to refer the points of law for decision by this Court.2. The dispute is with regard to computation of the value of the unquoted equity shares of M/s. Sri Ramdas Motor Transport Ltd. The assessees are the shareholders of S.R.M.T. Ltd., Kakinada. Certain shares of the assessees, the relative face value of which is Rs.50/- each, were sold by the assessees. The Assessing Officer viewed that the difference in the value ofthe shares under Rule 1-D of the Wealth Tax Rules and the selling price thereof amounted to deemed gift and consequently, while charging it to Gift-tax, the Assessing Officer refused to adopt the assessees method of valuation of shares under the Yield method. On appeal, the appellate Officer viewed that the correct method of arriving at the value of the shares being unquoted w...

Varala Sangam Vs. Dubala Rajaiah

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. This is an appeal preferred by the opposite party in O.P. No. 341 /1997 questioning the order of the Karimnagar District Forum in that O.P. dated 26.8.1998. The complainant in that O.P. is the respondent in this appeal. We have the record of the District Forum before us and heard the Counsels on both sides. Going through the order of the District Forum we find that the District Forum misapplied itself and did not correctly appreciate the facts of the case. The complaint filed by the complainant itself is very vague and does not give the facts in an understandable way. It consists of only two paragraphs and a prayer. It is as follows : 1. That the complainant has joined in the Chit conducted by the respondent. The complainant has paid the subscription amount i.e., Chit amount alongwith fine since he could not pay the Chit amount in time. The complainant has paid the Chit amount and interest in total an amount of Rs. 2,064/- for the entire period of Chit, ...