Andhra Pradesh Court January 2000 Judgments

Commissioner of Income Tax Vs. Nathmal Bankatlal Parekh and Co.

Court: Andhra Pradesh

Reported in: (2000)159CTR(AP)350

P. Venkatarama Reddi, J.The Tribunal, Hyderabad A Bench, has referred the following questions for the opinion of this court :'1. Whether, on the facts and in the circumstances of the case, and in the absence of a specific agreement in the instrument of partnership stating that the death of a partner would not dissolve the partnership the Tribunal was correct in law in inferring that an implied contract existed amongst the partners that the demise of any one of them would not dissolve the partnership ?2. Whether, on the facts and in the circumstances of the case, the finding of the Tribunal that there was no dissolution of the partnership on 21-10-1980 was based on any evidence or material and was free from perversity'2. The appeal before the Tribunal arises out of a reopened assessment under section 147(b) for the year 1981-82 (period ending on 21-10-1980). The assessing authority made an addition of Rs. 62,508 by increasing the value of the closing stock of beedies on the footing that...

Managing Director, a and S Textiles Ltd. Vs. Ch. Janardhan Reddy

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. These appeals are covered in favour of the appellant by our order in P.J. Credit Capital Limited v. Gudla Govind Rao, 1998 ALD (CONSUMER) 119. 2. The appeals have been preferred by the opposite party i.e. The Managing Director, A and S Textiles Limited in O.P. Nos. 470 of 1996 and 61 of 1997. The complainants in those two OPs, are sole respondents in these two appeals. The two OPs, were disposed of by a common order by the Nellore District Forum dated 8.3.1999. It is the case of the complainants that they applied for shares of the appellant on private placement basis and that they were allotted those shares but that they were not being paid any dividends and that the Company had not gone for public issue. The appellant objected that the Nellore District Forum had no territorial jurisdiction to entertain the complaints inasmuch as its registered office was in Tamil Nadu at Coimbatore and that no part of the cause of action took place within the territorial...

Bh. Narasimha Rao Vs. General Manager, Uco Bank, Calcutta and Others

Court: Andhra Pradesh

Reported in: 2000(2)ALD174

ORDER1. The petitioner, who was working as an Assistant Manager ill the service of United Commercial Bank, filed this writ petition claiming payment of full back wages, consequential benefit of increments, release of title deeds of the house properly and payment of interest on LIC policy maturity value from the respondents.2. The petitioner joined the service of the United Commercial Bank (hereinafter referred to as 'the Bank' for short) as a clerk in the year 1967. In the year 1980 he was promoted as an Officer. During the year 1984 when he was working as an Assistant Manager at SD Branch, Sccunderabad, the Central Bureau of Investigation, after investigation, launched prosecution against him and seven other employees of the Bank in CC No.15 of 1987 on the file of the Special Judge for SPE and ACB cases. The petitioner herein was figured as A3 in that case. After trial, the Special Judge acquitted A1, A6, A7 and A8 but convicted the petitioner herein, A2, A4 and A5, and sentenced them...

Andhra Cements Ltd. Vs. Government of A.P. and Others

Court: Andhra Pradesh

Reported in: 2000(1)ALD388; 2000(1)ALT266

ORDER1. The proceedings on the file of the first respondent contained in Memo Nos.699, 700, 702 and 705/M.II-2/99-2, dated 14-7-1999 rejecting the application of the petitioner for grant of prospecting licence for limestone over the areas in Kesvapalli, Alugumallipadu villages in Dachepalli Mandal, Sankarapuram village in Karampudi Mandal and Gogullapadu village in Gurajala Mandal of Guntur District, is impugned in this writ petition.2. The petitioner prays for issuance of a writ of mandamus declaring the said proceedings void and also for consequential direction, directing respondent Nos.1 to 3to grant prospecting licence of mining lease in respect of the said areas to the petitioner.3. The petitioner is a public limited company engaged in the manufacture and sale of cement and other allied products. It claims to the tune of 3300 tonnes per day i.e., 1.1. Million Tonnes per annum. It became sick some time in the year 1990. The Board for Industrial and Financial Reconstruction (for sho...

Pothuganti Venkateshwarulu Vs. Yangala Mallaiah

Court: Andhra Pradesh

Reported in: 2001(2)ALD61; 2001(1)ALT354

ORDER1. The civil revision petition is filed against the order dated 17-11-2000 in EP No.115 of 2000 in OS No.24 of 2000 passed by the Senior Civil Judge, Miryalaguda ordering proclamation of sale of the schedule properties of the petitioners/ judgment debtors which were attached before judgment vide order dated 8-6-2000 in IA No.256 of 2000 in OS No.24 of 2000 for realisation of the decretal amount of Rs.2,37,962/-.2. It is contended by the learned Counsel for the petitioners that since the petitioners could not discharge their debts, IP No.11 of 2000 on the file of the Principal Senior Civil Judge, Rangareddi was filed and in the said insolvency petition the petitioners were also shown as parties and inspite of the said fact of filing the insolvency petition the respondent/decree holder filed the present EP No.115 of 2000 and obtained an attachment order in respect of some of the properties mentioned in B schedule. It is further submitted that the insolvecy petition was filed even be...

D. Mohan Vs. Regional Manager, Apsrtc, Khammam District and Others

Court: Andhra Pradesh

Reported in: 2000(2)ALD148; 2000(1)ALT315

ORDER1. This Batch of three writ petitions may be disposed of by a common order. The question that arises for consideration in all these writ petitions is as to whether the writ petitions filed under Article 226 of the Constitution of India, in the facts and circumstances of the case, are maintainable against the Andhra Pradesh State Road Transport Corporation. Whether a writ would lie to resolve dispute arising out of a concluded contract between the petitioners and the respondent-corporation.2. It would be enough if the facts in brief are noticed in Writ Petition No.22472 of 1999 to appreciate the background under which the said question arises foronsideration.3. The Andhra Pradesh State Road Transport Corporation issued a notification dated 4-12-1998 inviting sealed tenders from the interested persons to do their business in the specified stalls/areas/canteens in the bus station in Khammam District. The allotment of stalls/space/canteen as the case may be is by way of licence for th...

Saratchandra, Padhyannadange Vs. Gudiya Eswara Rao

Court: Andhra Pradesh

Reported in: 2000(2)ALD442; 2000(3)ALT411

ORDER1. This revision petition is directed against the order of the learned Junior Civil Judge, Sompeta dated 12-8-1999 passed in EP No.4 of 1992 in OS No.35 of 1985 under which on the petition of the decree holder, arrest of the judgment debtor has been ordered for executing a money decree.2. The contention on behalf of the decree holder is that inspite of having means to satisfy the decree, the decree holder has been avoiding payment of the decretal amount and hence his request for executing the decree by way of arrest and detention of the judgment-debtor in civil prison.3. In response to notice issued under Order 21, Rule 37 of CPC, the judgment debtor appeared and filed his counter denying the material allegations.4. As seen from the order under revision, the judgment-debtor is alleged to have sufficient means by way of properties to enable him to pay the decretal amount but he has avoided to pay it. The defence on behalf of the judgment-debtor is that of denial of these allegation...

B. Nagendra Kumar Vs. Apsrtc and Others

Court: Andhra Pradesh

Reported in: 2000(2)ALD626; 2000(4)ALT485; [2000(87)FLR261]

ORDER1. The petitioner's father was working as a Depot clerk in the 1st respondent Corporation. He died on 13-5-1995. The petitioner, who is his son, gave an application for compassionate appointment in the 1st respondent-Corporation on 17-3-1997. As no action was taken on his application, it appears that the petitioner filed Writ Petition No.15252 of 1997 which was disposed of with a direction to the 1st respondent-Corporation to consider the petitioner's case for appointment for any suitable post.2. It is stated that in pursuance of the directions, the petitioner was called for an interview for the post of conductor on24-2-1998. It appears that his application was rejected on 9-3-1998 on the ground that he was short in height by 4.5 cms., compared to the prescribed height for the post of conductors.3. The learned Counsel for the petitioner Sri S. V. Ramana contends that there are circulars issued by the 1st respondent-Corporation authorising the Managing Director to relax the eligibi...