Andhra Pradesh Court August 1999 Judgments

K. Babu Rao and ors. Vs. State of A.P. and ors.

Court: Andhra Pradesh

Reported in: 1999(4)ALT656

ORDERS. Ananda Reddy, J.1. This writ petition is filed seeking a direction to the respondents to hold elections for the Presidentship and Members of the Committee of Repalle Weavers Co-operative Production and Sale Society Limited, Repalle, on the basis of the Voters List already published for the purpose of election of the Society scheduled to be held on 07-06-1997 and pass such other orders.2. The brief facts of the case are that the Repalle Weavers Co-operative Production and Sale Society Limited, Repalle, was registered under the provisions of A.P. Co-operative Societies Act, 1964 (hereinafter referred to as the Act). Originally the area of operation of the above society covered the entire area of Repalle Municipality. It is claimed that the petitioners are the members of the said society. Later under the scheme of identification of viable societies, potentially viable and non-viable societies in terms of Section 15-A of the Act a Notification was published by the 3rd respondent de...

Ch. Mangayamma Vs. Union of India and Others

Court: Andhra Pradesh

Reported in: 1999(5)ALD220; 1999(5)ALT484; [1999]239ITR687(AP)

ORDERB. Prakash Rao, J.1.This writ petition is filed challenging the validity of Section 40A(3) of the Income Tax Act, 1961 (for short 'the Act') which disallows 20% of cash payments in excess of Rs.20,000/-in the computation of business expenditure as being arbitrary and violative of Articles 14 and 19(1)(g) of the Constitution of India and for a direction to delete the addition of Rs.6,83,258/- in the income tax assessment of the petitioner.2. Skeletal facts which prompted the filing of the writ petition are: The petitioner is an assesee under the Act. Originally her husband was carrying on the business of purchase and sale of cool drinks and he died in the year 1991. Later on, the petitioner continued the same business. Claiming herself as an illiterate woman, she alleged that she simply purchases cool drinks from bottlers and sells the same to customers. During the year ending 31-3-1996, she was appointed as dealer by Sarvaraya Sugars Pvt. Ltd., which was a bottlers on behalf of Co...

Sathavahana Steels and Alloys (P) Ltd. Vs. Government of India, Minist ...

Court: Andhra Pradesh

Reported in: 1999(5)ALD225; 1999(5)ALT27; 1999(114)ELT787(AP)

ORDERP. Venkatarama Reddi, J.1.The petitioners are the manufacturers of mild steel ingots having induction furnaces of the capacity ranging between 2 Mts. and 3 Mts. They have filed these writ petitions questioning the Rule 96 ZO(3) introduced by the Central Excise 6th Amendment Rules by virtue of notification No.27/1997 dated25-7-1997 and they seek a direction to respondents I and 2 to levy excise duty by giving allowance to the power cut imposed by APSEB. Sub-rule (3) of Rule 96 ZO reads as follows:'Notwithstanding anything contained elsewhere in these Rules, if a manufacturer having a total furnace capacity of 3 metric tonnes installed in his factory so desires, he may, in the beginning of each month from 1st day of August, 1997 to the 31st day of March, 1998 or any other financial year, as the case may be, and latest by the tenth of each month, pay a sum of rupees five lakhs and the amount so paid shall be deemed to be full and final discharge of his duty liability for the period f...

Ravi Srihari Rao Vs. Commissioner of Police, Vijayawada, Krishna Dist. ...

Court: Andhra Pradesh

Reported in: 1999(5)ALD143; 1999(5)ALT258

ORDER1. The petitioner filed this Writ Petition seeking a Writ of Mandamus declaring the action of unofficial respondent Nos.4 and 5 in trying to disposses him from an extent of Ac.2.25 cents in RSNo.374/5 and 374/3 of Vamikuru Village, Penamaluru Mandal, Krishna District with the active connivance of the Police, particularly respondent Nos.2 and 3, as illegal and arbitrary and to pass such other orders.2. The undisputed facts of this case are that the petitioner is in possession of the land in question as a lessee according to the petitioner, as a licensee according to the respondents and the period is going to expire by 30-4-1999. Even before the expiry of this period some disputes seemed to have arisen between the parties and with the result, the petitioner filed A.T.C. No.15/98 on the file of Special Officer-cum-II Additional Junior Civil Judge, Vijayawada on 2-9-1998 and he also filed IA No.921/98 seekingtemporary injunction restraining respondent Nos.4 and 5 from interfering with...

New India Assurance Company Limited Vs. Gude Alias Avula Narasimhulu a ...

Court: Andhra Pradesh

Reported in: 2001ACJ1706; 1999(5)ALD528; 1999(5)ALT670

1. These two CMAs. have been preferred by the Insurance Company against the common order passed OP Nos.268 of 1993 and 271 of 1993 respectively on the file of the Motor Accidents Claims Tribunal, Cuddapah, dated 28-10-1997. The above OPs. were filed claiming compensation under 'no fault liability' under the provisions of the Motor Vehicles Act.2. A brief account of the accident which gave rise to the filing of the aforementioned OPs is as follows :On 26-1-1993 at about 2.00 p.m., on Cuddapah-Rayachoty road near Bandaplli, the tractor bearing Registration No.AP 04-T-1993 belonging to the 3rd respondent herein (R1 in the OPs.) was driven in a rash and negligent manner by its driver in high speed and when he tried to give way to an RTC bus which was coming behind, due to the high speed of the tractor, the driver of the tractor could not control the tractor. As a result, the tractor turned turtle and some of the passengers who were travelling in the tractor received injuries and three pers...

M. Bikshapathi Vs. Government of Andhra Pradesh and Others

Court: Andhra Pradesh

Reported in: 1999(6)ALD270; 2002(2)ALT530

ORDERM.S. Liberiian, C.J.1. The learned Counsel for the appellant had impugned the order of the learned single Judge dismissing the writ petition, inter alia, holding that the dispute relates to a wakf property and the petitioner-appellant is at liberty to approach the Wakf Tribunal as envisaged under Section 83 of the Wakf Act, 1995. The learned Counsel for the appellant vehemently argued that the land in dispute was traced by the appellant as a wakf property. He filed an application for leasing of the said property in his favour which was not considered by the Wakf Board but the same was leased out to the respondent No.3 herein. The appellant preferred an appeal to the Minister, who granted an ex parte stay order and later vacated the same without granting the appellant an opportunity of hearing. The said order was challenged in the writ petition.2. To bring the dispute to an end and not to keep alive is the avowed object of justice in order to determine the dispute between the parti...

V. Srinivas Rao Vs. Principal, Apsrtc Staff Training College, Warangal ...

Court: Andhra Pradesh

Reported in: 1999(6)ALD459; 1999(5)ALT681

ORDER1. Heard the learned Counsel for the petitioner and Ms. Jyothi Kiran, learned standing Counsel appearing on behalf of the respondent Corporation.2. The Petitioner herein prays for issuance of an appropriate writ particularly one in the nature of mandamus directing the respondents herein to implement G.O. Ms. No.351, dated 28-10-1985 read with Memo No.28021/1/84 Estt (O), dated 14-11-1984 and consequently to accept the resignation of the petitioner without enforcing the terms of the agreement executed by the petitioner.3. The petitioner applied for the post of Traffic Inspector, Grade-II pursuant to the notification issued by the Corporation. Upon considering the relative merit of the candidates who appeared for the test and interview, the petitioner was appointed as Traffic Inspector, Grade-11 with Staff No.307103. One of the requirement of the employment is that the candidates have to undergo training for a period of 12 months after the selection and posting orders will be given ...

Smt. Ch. Mangayamma Vs. Union of India

Court: Andhra Pradesh

Reported in: (2000)158CTR(AP)35; [1999]106TAXMAN339(AP)

Prakash Rao, J.This writ petition is filed challenging the validity of section 40A(3) of the Income Tax Act, 1961 (' hereinafter referred to as `the Act') which disallows 20 per cent of cash payments in excess of Rs. 20,000 in the computation of business expenditure as being arbitrary and violative of articles 14 and 19(1)(g) of the Constitution and for a direction to delete the addition of Rs. 6,83,258 in the income-tax assessment of the petitioner.2. Skeletal facts which prompted the filing of the writ petition are: The petitioner is an assessec under the Act. Originally her husband was carrying on the business of purchase and sale of cold drinks and he died in the year 1991. Later on, the petitioner continued the same business. Claiming herself as an illiterate woman, she alleged that she simply purchases cold drinks from bottlers and sells the same to customers. During the year ending 31-3-1996, she was appointed as a dealer by Saryarava Sugars (P) Ltd. which was a bottler on behal...

Dr. K.V. Ramakanth Rao Vs. Akula Srihari Rao and anr.

Court: Andhra Pradesh

Reported in: 1999(5)ALT183

Elepi Dharma Rao, J.1. This Civil Miscellaneous Appeal was filed against the judgment and decree dated 30-5-1991 in O.P. No. 673 of 1989 on the file of the Chairman (Addl. Dist. Judge), Motor Accidents Claims Tribunal, Rangareddy at Saroornagar, under which the Tribunal has awarded a sum of Rs. 34,700/- towards the pecuniary and non-pecuniary damages, for the injuries sustained by the petitioner in a motor vehicle accident.2. The brief facts of the case are that on 18-6-1989 at about 8-30 p.m. when the petitioner was coming on his scooter bearing No. AHO-4455 and when he reached near Chaitanyapuri Bridge, a lorry bearing No. ATS-7375 came in the same direction in a rash and negligent manner and dashed against the petitioner from behind; due to the impact, the petitioner fell down on the road and sustained fracture of both pubic bones, hairline fracture, left calcencus, fracture of lateral malleolus (left), crush injuries on left thigh, right elbow, left heel, testicular atrophy and lac...

Pcs Industries Ltd. and Another Vs. Y. Meera Reddy

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. Counsel for the appellants and Counsel for the respondent are not present today also. As they were not present earlier on 22.7.1998 we directed the appeal to be posted for dismissal on 11.9.1998 and again on 8.12.1998 and then to 2.8.1999 because they were not present on those days. 2. The opposite parties in O.P. No. 365 of 1996 on the file of the Nellore District Forum have preferred this appeal questioning the order of the District Forum in that OP dated 28.11.1996 on the ground that the District Forum had no jurisdiction to entertain the matter as they are residents of the State of Maharashtra and they do not have any Branch Office in Nellore District of the State of Andhra Pradesh. The complainant is respondent in the appeal. 3. The case of the complainant before the District Forum was that he purchased 100 shares of the 2nd appellant Company and sent them along with duly executed transfer deeds and original shares certificates to the 1st appellant C...