Andhra Pradesh Court July 1999 Judgments
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T. Jayakumar and Others Vs. Government of India, New Delhi and Others
Court: Andhra Pradesh
Decided on: Jul-27-1999
Reported in: 1999(5)ALD567; 1999(5)ALT517
ORDERGoda Raghuram, J. 1. Theappellants filed Writ Petition No. 1473 of 1992 seeking mandamus for a declaration that the Tobacco Board (Recruitment) Regulations, 1989, published on 22-9-1989 in so far as they fail to provide a channel of promotion to the category of Field Officers including a quota and rota as between the direct recruits and promotees is arbitrary and illegal and alternatively for declaration that the petitioners are to be considered for direct recruitment in August, 1984, along with the 24 direct recruitees to the category of Field Officers, with consequential seniority benefits.2. The factual and legal environment:(a) Respondents 24 to 39 (all Science Graduates) were appointed as Field Assistants in the service of the Tobacco Board, in January, 1978. (b) All the Field Assistants including the above respondents were promoted as Junior Field officers during November, 1982. As per the draft recruitment regulations (not approved by the Government of India as required by ...
K.N.V. Sri Rama Rao Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Jul-27-1999
Reported in: 1999(5)ALD521; 1999(5)ALT691
1. This appeal was filed against the order dated 18-7-1991 in IA No.581 of 1988 in AS No.21 of 1987 on the file of the Subordinate Judge, Razole, which was filed to set aside the ex parte order dated 26-4-1988 and allow the respondent to defend the matter.2. The appellant has mentioned in the affidavit filed in support of the above IA, that the First Appeal No.21 of 87 was filed against the order of the learned Principal District Munsif, Razole in OS No.222 of 1973, which was filed for declaration of title over the property and the suit was decreed in favour of the appellant herein and the Government, which is the defendant in the suit filed appeal. When the appeal was posted for the appearance of the respondent therein on 26-1-1988 the appellant failed to attend and he was set ex parte and posted for hearing on 11-7-1988 and on 13-7-1988 the appeal was heard and disposed of on merits. Thereafter IA 581 of 1988 was filed under Order 41 Rule 21 of CPC to set aside the ex parte order dat...
Ch. Chinnaiah Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Jul-27-1999
Reported in: 1999(5)ALD496
ORDERGoda Raghuram, J.1. This appeal is directed against the judgment dated 23-3-1999 in WP No.29892 of 1998, dismissing the writ petition. The appellant appeared for B.Ed. Common Entrance Test - 1998, and obtained Rank No.1253. In the writ petition he challenged Rule 10(3) of the Andhra Pradesh Colleges of Education (Regulation of Admission into B.Ed, course through Common Entrance Test) Rules, 1989. The said Rule reads as under:'10 seats in each Government comprehensive college of Education (it is now being called as Governmentinstitution of Advanced Study inEducation)/Government College ofEducation (This is now being called asCollege of Teacher Education) shall bereserved for Section Officers and othernon-gazetted officials including-RecordAssistants and attenders working in theEducation Department of Andhra PradeshSecretariat, as permitted by theGovernment and ministerial staffincluding the Record Assistants andattenders working in the offices underthe control of the Director of Sc...
Syndicate Bank Vs. Nalluri Krishna Mohan Rao and Others
Court: Andhra Pradesh
Decided on: Jul-27-1999
Reported in: 1999(5)ALD617; 2000(2)ALT108
ORDER1. This revision petition is filed against the order and decree dated 17-12-1991 passed by the learned Principal Subordinate Judge, Ongole, in EP No.40 of (1992) in OS No. 202 of 1979.2. The petitioner is the Gamishee Bank. The first respondent is the decree-holder. The third respondent is the wife of the judgment-debtor. The first respondent filed a suit for recovery of certain sums in OS No.202 of 1979 and the same was decreed. In pursuance of the decree, the first respondent filed EP No.40 of 1982 under Order XXI, Rule 46 of the Code of Civil Procedure seeking Gamishee Order for attachment of golden ornaments in the hands of the petitioner-garnishee viz., Syndicate Bank for realisation of the decretal amount. The bank resisted the application and contended that it has power to retain the property as there is banker's lien over the properties mortgaged before it and, therefore, the civil Court cannot exercise any power to order garnishee until the amount is realised out of the p...
M. Nityananda Rao and anr. Vs. Managing Director, Apsrtc
Court: Andhra Pradesh
Decided on: Jul-27-1999
Reported in: II(2000)ACC234; 2000(1)ALT762
Elepi Dharma Rao, J.1. The facts leading to the filing of this Civil Miscellaneous Appeal against the judgment and decree dated 9-8-1991 in O.P. No. 1196/1990 on the file of the Chairman, Accidents Claims Tribunal-cum-Addl. Chief Judge, City Civil Court, Hyderabad are briefly as follows:- The Tribunal has awarded a sum of Rs. 38,022/- with interest at 12% p.a. from the date of petition till the date of realisation towards compensation for the death of the deceased, who was son of the petitioners herein, in a motor vehicle accident which occurred on 20-7-1990 at about 10-30 p.m. The deceased M. Vinaya Chandra Vadhan was proceeding by walk from CB CID Office bus stop side to Ashoka Hotel side at Lakdikapul and when he reached the road divider to cross the road, and was standing on the divider, an APSRTC bus bearing No. AAZ-4323 on route No. 225 belonging to Falaknuma Depot, dashed the deceased from front right side of the bus as a result of which the deceased fell down on the road and su...
Commissioner of Income Tax Vs. Sri Krishna Oil Complex Ltd.
Court: Andhra Pradesh
Decided on: Jul-27-1999
Reported in: [2000]107TAXMAN100(AP)
Maruthi, J.The following questions are referred by the Tribunal under section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') at the instance of the revenue for the opinion of this Court:'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in holding that section 9(1) is not applicable to the facts of the present case and that the lump sum payment made by the assessee to Trade McNair was not assessable under section 9(1)(i), read with section 163(1) ?2. Whether, on the facts and in the circumstances of' the case, the Appellate Tribunal was correct in their finding that what was approved by the Government of India was tire agreement dated 16-12-1975 and that the agreement dated 20-9-1976 was nothing but a modified form of agreement after incorporating the suggestions and modifications proposed by the Government of India ?3. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correc...
M. Nityananda Rao and anr. Vs. Managing Director, Andhra Pradesh State ...
Court: Andhra Pradesh
Decided on: Jul-27-1999
Reported in: 2000ACJ1243
Elepi Dharma Rao, J. 1. The facts leading to the filing of this civil miscellaneous appeal against the judgment and decree dated 9.8.1991 in O.P. No. 1196 of 1990 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-Addl. Chief Judge, City Civil Court, Hyderabad are briefly as follows:The Tribunal has awarded a sum of Rs. 38,022 with interest at 12 per cent per annum from the date of petition till the date of realisation towards compensation for the death of the deceased, who was son of the petitioners herein, in a motor vehicle accident which occurred on 20.7.1990 at about 10.30 p.m. The deceased M. Vinaya Chandra Vadhan was proceeding by walk from CB CID Office bus-stop side to Ashoka Hotel side at Lakdikapul and when he reached the road divider to cross the road, and was standing on the divider, an APSRTC bus bearing No. AAZ 4323 on route No. 225 belonging to Falaknuma Depot, dashed the deceased from front right side of the bus as a result of which the deceased fell down...
Mohd. Abdul Waheed Vs. A.P.S.E.B., Hyederabad and Another
Court: Andhra Pradesh
Decided on: Jul-26-1999
Reported in: 1999(5)ALD75
ORDER1. The petitioner in all these writ petitions is the same. The three writ petitions are being disposed of by a common order.2. The petitioner joined the A.P. State Electricity Board (hereafter referred to as 'the Board') as a lineman on 3-2-1958. In course of his service, he was transferred and promoted from place to place and ultimately retired on attaining age of 58 years as Additional Assistant Engineer on 30th November, 1994. He retired in due course, on superannuation. However, on 30-4-1979 while he was in service a preliminary enquiry was held against him by issuance of memo by his superior i.e., the Superintending Engineer, alleging that he was responsible for shortage of certain material of which petitioner was expected to take care of. Tentative loss of material was valued to be worth Rs.1,97,384/-. The petitioner was asked to show cause as to why disciplinary enquiry should not be initiated against him for said delinquency. The petitioner had given his reply to the said ...
K. Raghunatha Reddy Vs. Govt. of India and Others
Court: Andhra Pradesh
Decided on: Jul-26-1999
Reported in: 1999(5)ALD168; 1999(4)ALT661
ORDERN.Y. Hanumanthappa, J1. Inorder to understand whether Rule 22(3) of the Mining Concession Rules, 1960 is mandatory or otherwise in view of the law laid down by a Division Bench of this Court in Shreeram Durgaprasad v. Govt. of India, : AIR1978AP422 , the Division Bench referred the matter to a Full Bench. Hence, this reference.2. A few facts which are necessary to answer the reference are as follows :Sri Narapa Reddy, the writ petitioner applied for mining lease in an extent of Ac.19-50 cents in S.No.30, 31 and 55/2B of Perumallapadu village of Nellore District on 19-11-1976. One Sri K. Raghnatha Reddy, the 3rd respondent also made similar request by submitting an application for grant of mining lease to an extent of Ac.35-60 cents in S.Nos.31 and 57 of the same village on 23-8-1976. The Government of Andhra Pradesh considered the applications and requested the Central Government as required under Section 11(4) of the Mines and Minerals (Regulation and Development) Act, 1957 for i...
Commissioner of Income-tax Vs. Sri Krishna Oil Complex Ltd.
Court: Andhra Pradesh
Decided on: Jul-26-1999
Reported in: [2000]242ITR48(AP)
S.V. Maruthi, J.1. The following questions are referred by the Tribunal under Section 256(1) of the Income-tax Act, 1961 (for short 'the Act'), at the instance of the Revenue for the opinion of this court :'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in holding that Section 9(1) is not applicable to the facts of the present case and that the lump sum payment made by the assessee to Trade McNair was not assessable under Section 9(1)(i) read with Section 163(1) ? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in their finding that what was approved by the Government of India is the agreement dated December 16, 1975, and that the agreement dated September 20, 1976, was nothing but a modified form of agreement after incorporating the suggestions and modifications proposed by the Government of India ? 3. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal w...
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