Andhra Pradesh Court June 1999 Judgments
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Mathew Joseph Vs. Andhra Bank, Head Office, Saifabad, Hyd. and Others
Court: Andhra Pradesh
Decided on: Jun-23-1999
Reported in: 1999(4)ALD97; 1999(3)ALT730
ORDER1. The petitioner has challenged clause 2(a) of the promotion policy of the respondent Bank issued vide Circular No.56, dated 25-4-1991. Notice was issued and the respondents Counsel has argued the matter on instructions. No counter has been filed.2. The facts are not disputed. Vide order dated 19-5-1999 the petitioner was imposed with a punishment of reduction of pay by one stage with cumulative effect. This punishment is a major punishment in accordance with the Rules. The petitioner has preferred an appeal to the appellate authority. In the meantime the petitioner's case for promotion came to be considered. The respondents have considered the case of the petitioner as per clause 2(a) ofthe promotion policy and a letter was communicated to the petitioner. The Committee of Executives reviewed the case and framed the following opinion :'The executive was issued a charge-sheet on 8-11-96 for the irregularities committed by him while working as Chief Manager of Bhubaneshwar Main bra...
Guntha Radhakrishna Murthy Vs. N. Venkoba Setty and Others
Court: Andhra Pradesh
Decided on: Jun-23-1999
Reported in: 1999(5)ALD176; 1999(5)ALT356
ORDER1. The short question which arises for decision in this Civil Revision Petition is whether the Appellate Authority under the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter called the Act) is competent to set aside an ex parte rendered by it on merits without hearing the parties and restore the appeal for re-hearing.2. The facts necessary for proper appreciation of the question involved may be stated briefly:The 1st respondent landlord filed an eviction petition against the petitioner hereinand two others under the Act before the Rent Controller, Kurnool. After enquiry the said eviction petition was dismissed by the Rent Controller. Questioning the same the 1st respondent preferred an appeal being CMA No.7 of 1991 on the file of the Court of Principal Subordinate Judge, Kumool who was the Appellate Authority under the Act. The appeal under-went repeated adjournments as both parties were not ready, Ultimatcly it was posted to 10-2-1995 for hearing. On that ...
Commissioner of Income-tax Vs. Republic Forge Co.
Court: Andhra Pradesh
Decided on: Jun-23-1999
Reported in: [1999]240ITR57(AP)
R.M. Bapat, J.1. This court by order dated June 2, 1986, passed an order in I.T.C. No. 20 of 1985, directing the Tribunal to refer the following question for its opinion :'Whether, on the facts and in the circumstances of the case, the interest payable amounting to Rs. 3,97,477 and Rs. 1,04,474 for the assessment years 1976-77 and 1977-78, respectively, by the company is allowable as revenue expenditure ?'2. Now the question is referred to this court. The facts leading to this can be briefly stated as follows : The assessee is a public limited company. The assessments involved are for 1976-77 and 1977-78 for which the previous years ended on March 31, 1976 and March 31, 1977, respectively. In order to establish the forging plant at Hyderabad, the company entered into an agreement with Societe D' Etudes et de Realisations Industrielies Renault Engineering, France (hereinafter referred to as 'company' for the sake of brevity), to supply the entire machinery and the technical know-how rel...
State of A.P. Vs. Marvel Building Products
Court: Andhra Pradesh
Decided on: Jun-23-1999
Reported in: [2000]118STC102(AP)
S. Ananda Reddy, J. 1. In this tax revision case the point to be considered is, whether the impugned turnover relating to the sale of panel doors is liable to tax as general goods or under entry 114 of the First Schedule to the Andhra Pradesh General Sales Tax Act, 1957.2. The Commercial Tax Officer, levied tax at 6 per cent treating the panel doors as general goods. But the revising authority held that the said assessment is erroneous and hence revised to levy the tax at 9 per cent which is applicable to entry 114 of the First Schedule to the Andhra Pradesh General Sales Tax Act, 1957, The assessee carried the matter in appeal to the Appellate Tribunal. The Appellate Tribunal after considering the contentions held that the panel doors would not fall under entry 114 and thus allowed the appeal. Now in the present revision, the contention of the Revenue is that the Appellate Tribunal erred in holding that the panel doors would not fall under entry 114. A perusal of the entry shows that ...
State of A.P. Vs. Richwood Products P. Ltd.
Court: Andhra Pradesh
Decided on: Jun-23-1999
Reported in: [2000]118STC189(AP)
S. Ananda Reddy, J.1. The department has filed this tax revision case aggrieved by the order passed by the Sales Tax Appellate Tribunal, Andhra Pradesh, Hyderabad, on June 23, 1995 in T.A. No. 317 of 1993.2. This assessment pertains to the year 1987-88. The question before the Tribunal was whether Novopan plywood used in the manufacture of doors and windows comes under the category of 'flush doors' or it comes under the general category of unclassified goods. It was the contention of the department that since the material used in the manufacture of windows and doors is Novopan plywood, it should come under entry No. 114 of the First Schedule to the Andhra Pradesh General Sales Tax Act, 1957. But, the Tribunal gave a finding on the ground that the words 'in any other form including flush doors' was added to the entry 114 with effect from February 15, 1989 by the Andhra Pradesh General Sales Tax (Amendment) Act, 1989 (4 of 1989) and when this entry is subsequently introduced, it cannot b...
National Insurance Co. Ltd. Vs. Manjampalli Mallamma and ors.
Court: Andhra Pradesh
Decided on: Jun-23-1999
Reported in: 2000(1)ALT9
A. Gopal Reddy, J.1. All these appeals arise out of a motor vehicle accident which occurred on 19-3-90 at Gadderegadi village at 2 p.m. Several persons were injured and several persons died due to the accident. Therefore the injured persons and the legal representatives of the deceased filed claim petitions before the Motor Accidents Claims Tribunal-cum District Judge, Adilabad under Section 166 of the Motor Vehicles Act, against the driver of the lorry, owner of the lorry and the Insurance Company with which lorry was insured. After enquiry, the Tribunal passed common award dt. 2-6-93 in OP Nos. 285/91, 287/91, 459/91, 289/91, 286/91 and some other OPs and Award dt. 9-7-93 in OP No. 190/92. Aggrieved by the awards, the Insurance Company (R-3) filed CMA No. 54/94 against OP No. 285/91 which was filed by the wife, sons and daughter of Guruvaiah. CMA No. 58/94 is filed against OP No. 190/92 which was filed by the petitioner for the injuries suffered by him. CMA No. 65/94 is filed against...
Commissioner of Income Tax Vs. Republic Forage Co.
Court: Andhra Pradesh
Decided on: Jun-23-1999
Reported in: [2000]106TAXMAN355(AP)
ORDERBapat, J.This court by order dated 2-6-1986 passed an order in IT Case No. 20 of 1985, directing the Tribunal to refer the following question for its opinion.'Whether, on the facts and in the circumstances of the case, the interest payable amounting to Rs. 3,97,477 and Rs. 1,04,474 for the assessment years 1976-77 and 1977-78, respectively, by the company is allowable as revenue expenditure ?'Now the question is referred to this court.2. The facts leading to this can be briefly stated as follows:The assessee is a public limited company. The assessments involved are for 1976-77 and 1977-78 for which the previous years ended on 31-3 -1976 and 31-3-1977, respectively. In order to establish the forging plant at Hyderabad, the company entered into an agreement with Societe D' Etudes ET DE Realisations Industrielies Renault Engineering, France (hereinafter referred to as the company) to supply the entire machinery and the technical know-how relating thereto. The total price of engineeri...
Hindustan Petroleum Corporation Ltd., Visakhapatnam Vs. Vankineni Ratn ...
Court: Andhra Pradesh
Decided on: Jun-22-1999
Reported in: 1999(4)ALD112; 1999(4)ALT139
ORDER1. This application is filed seeking transfer of AS No.48 of 1999 on the file of II Additional District Judge, West Godavari, to some other Court as the Presiding Officer bluntly refused to stay the operation of the lower Court order pending disposal of the statutory appeal and further it is the case of the petitioner that the Presiding Officer openly proclaimed that in tenancy matters she is not inclined to grant any interim stay. It is better for the advocates to approach the District Judge and see that the tenancy matters are not posted before her.2. As the allegations levelled against the Presiding Officer are of serious nature, I called for report by my order dated 23-3-1999. The Officer concerned submitted her report dated 7-4-1999. I have gone through the report. The explanation offered by the officer concerned is very much astonishing. There is no coherence in the report sent by her. The officer has forgotten the fact that the judgment of the trial Court is not sacrosanct ...
K.S. Rama Rao Vs. Commissioner of Workmen Compensation and Dy. Commiss ...
Court: Andhra Pradesh
Decided on: Jun-22-1999
Reported in: 1999(4)ALD314; 1999(4)ALT342
ORDER1. The writ petition is filed questioning the order passed by the 1st respondent. The order was passed by the 1st respondent on 7-12-1998. The challenge is based on several grounds. However, this Court is not inclined to go into the various grounds raised in the writ petition. Brief facts of the case which are necessary are as follows :The petitioner claims to be the crane operator/owner. The same is given on hire to the cine producers for their outdoor and indoor shootings. One Mr. Mohan Rao was engaged as a casual labourer, as a helper to operate the crane. When Mr. B. Mohan Rao was travelling in the A.P.S.R.T.C. bus from Rajahmundry to Vijayawada when the crane was hired by the cine producers for the film 'Little Soldiers' the bus in which Mr. B. Mohan Rao was travelling met with an accident 45 Km. from Vijayawada resulting in the death of Mr. B. Mohan Rao.2. An application in WC 404/95 (old) WC 302/96 (new) was moved before the 1st respondent by the father of the deceased and ...
P. Ramachander Rao Vs. K. Dayanand
Court: Andhra Pradesh
Decided on: Jun-22-1999
Reported in: 1999(4)ALD258
ORDER1. Heard the learned Counsel on both sides.2. This is a revision petition filed under Ssction 22 of the Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act, 1960 by the land-lord questioning the concurrent orders of the two Courts below dismissing the eviction petition filed by him.3. The eviction petition was filed on several grounds, namely (1) wilful default in payment of rent, (2) the tenant has committed acts of waste, (3) the tenant has committed nuisance by installing and running a lathe machine in the building, (4) that the premises is required bona fide for the purpose of his son's business of running a tailoring shop.4. This case has had a long and chequered career. The Rent Controller negatived all the grounds pleaded by the land-lord and dismissed the eviction petition. On appeal, the appellate Court, however, ordered eviction on the ground that the landlord, who was carrying his own business in a rented premises, was obliged to vacate the same consequent on ...
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