Andhra Pradesh Court August 2000 Judgments
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P. Ramakrishna Reddy Vs. N. Hemalatha Devi and Others
Court: Andhra Pradesh
Decided on: Aug-07-2000
Reported in: 2000(6)ALD66; 2000(5)ALT573
ORDER1.The civil revision petition is filed against the order of the V Additional Chief Judge, City Civil Court, Hyderabad passed in IA No.115 of 1999 in OS No.216 of 1999 dated 16-8-1999 under which the petitioner-defendant's application for leave to defend the suit purported to have been filed under Order 37, Rule 5 CPC has been dismissed.2. The plaintiffs filed the suit for recovery of Rs.28,00,000/- and odd with interest. After summons for judgment in the suit were served on the defendant under sub-rule (4) of Rule 3 of Order 37 CPC, the defendant applied for leave to defend the suit disclosing various defences on which the defendant would rely. The learned Judged held that in respect of claim of interest the defence indicated by the defendant constitute a triable issue and in respect of certain amounts covered by items 5, 6, 7 and 8 under which certain amounts are said to have been advanced to the defendant, as there are no cheque numbers, that constitutes another triable issues. ...
Sri Venkata Rama Alluminium Company Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-07-2000
Reported in: [2001]122STC531(AP)
ORDERV. Eswaraih, J.1. In this tax revision case the petitioner submits that he is entitled for set-off of tax in terms of G.O. Ms. No. 173, Revenue (S) Department, dated February 13, 1986. The case of the petitioner is that he has purchased the aluminium scrap from certain dealers who in turn purchased the same from A.P. State Road Transport Corporation (for short, 'the R.T.C') and the R.T.C. collected the tax from the said dealers and remitted the same to the sales tax department. Therefore, the set-off shall be given in respect of the tax leviable on the finished product, i.e., the aluminium vehicles. This contention was rejected by the Tribunal on the ground that the material produced by the appellant does not contain any bills issued by the persons, who are said to have sold the aluminium scrap to him. The Tribunal also further observed that the aluminium scrap said to have been purchased by the appellant from his sellers cannot be linked with the scrap vehicles said to have been ...
R.B. Mittal Vs. Commissioner of Income Tax, Visakhapatnam
Court: Andhra Pradesh
Decided on: Aug-04-2000
Reported in: 2000(4)ALD640; 2000(4)ALT579; [2000]246ITR283(AP)
ORDERS.R. Nayak, J. 1. This petition is filed under Section 256(2) of the Income Tax Act (for short 'the Act') against the decision of the Income Tax Appellate Tribunal, Hyderabad A-Bench in RA No.36Hyd./1993, dated 30-4-1993. The petitioner/ assessee filed art application before the Income Tax Appellate Tribunal under Section 256(1) of the Act seeking the following questions, said to be questions of law arising out of the order of the Income Tax Appellate Tribunal dated 15-12-1992 to this Court for its opinion.'(1) Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was justified in law in confirming the addition of Rs.3,55,000/- under Section 68 of the Income-tax Act being loans obtained by the assessee from different parties and confirming the disallowance of interest of Rs.12,964/- thereon. (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the assessee has not discharged the on...
B. Rajesh Kumar Vs. State of A.P. and Another
Court: Andhra Pradesh
Decided on: Aug-04-2000
Reported in: 2000(5)ALD339; 2000(5)ALT504
ORDERT.Ch. Surya Rao, J1. Both these writ petitions have been filed seeking a declaration that Section 23(1)(C)(i) the A.P. Municipalities Act, incorporated by means of Act 17 of 1994 is unconstitutional and null and void.2. While in Writ Petition No.2436 of 2000, a further direction is sought, directing the first respondent State to provide 15% reservation to the offices of Chairpersons of the Municipalities to Scheduled Castes, in the other writ petition, a similar direction is sought for providing reservation of 6% to the Schedule Tribes.3. Since the respondents are the same and in as much as common questions of law are involved in both the writ petitions, they can be disposed of together, albeit the writ petitioners are different.4. The factual matrix, germane for effective adjudication of the contentious issue between the parties inter se may be stated thus:Pursuant to the 73rd and 74th amendments to the Constitution of India, the A.P. Panchayat Raj Act 13 of 1994 was enacted and ...
Relangi Nageswara Rao and Another Vs. Tatha Chiranjeeva Rao (Died) by ...
Court: Andhra Pradesh
Decided on: Aug-04-2000
Reported in: 2000(5)ALD577; 2000(5)ALT561
1. The CRP is filed against the orders of the learned Rent Control Appellate Authority (Subordinate Judge) Eluru in CMA No.3 of 1994, dated 16-1-1995 confirming the order of the learned Rent Controller (Principal District Munsif, Eluru) in RCC No.8 of 1984, dated 16-8-1994.2. The petitioners herein are the respondents before the Rent Controller in RCC No.8 of 1984 and the appellants in CMA No.3 of 1995. For the sake of convenience, the parties as arrayed before the Rent Controller are referred to herein.3. The petitioner laid a claim before the learned Rent Controller in RCC No.8 of 1984 seeking eviction of the respondents from the 'B' schedule property and for delivery of vacant possession. The grounds in support of the claim were that the respondents-tenants committed default in payment of rent, that the denial of the titleof the petitioner to the property was not bona fide, that they sublet the premises and they made material alterations to the suit schedule property. It was the cas...
Sri Vinayaka Varapu Santha, Viyaparasthula Sangham, Madanapally, Chitt ...
Court: Andhra Pradesh
Decided on: Aug-04-2000
Reported in: 2000(6)ALD666; 2000(6)ALT641
ORDER1. The petitioner is the Secretary of Sri Vinayaka Varapu Santha Vyaparasthula Sangam, Mandapalli. According to the petitioner, the sangham consists of 60 members who are all petty businessmen doing business by running vegetable shops, kirana shops, coconut shops etc., in the weekly santha (market) at Madanapalli, in an extent of 5-50 cents of land belonging to the Mandapalli Municipality, for the past several years. Every year, the Municipality conducts public auction of the right to conduct santha and the 2nd respondent was declared as the highest bidder for the present year. The members of the petitioner-Sangham have been paying the fees regularly to the 2nd respondent-contractor. Petitioner claims that the weekly market covers about 600 villages and roughly ten thousand people will attend the santha. The complaint of the petitioner is that without issuing any notice and without observing principles of natural justice, in the first week of September, 1999, the personnel belongi...
R.B. Mittal Vs. Commissioner of Income Tax
Court: Andhra Pradesh
Decided on: Aug-04-2000
Reported in: (2001)165CTR(AP)366; [2001]112TAXMAN480(AP)
Nayak, J.This petition is filed under section 256(2) of the Income Tax Act, 1961 Income Tax Act against the decision of the Tribunal, Hyderabad A-Bench in R.A. No. 36 (Hyd.) of 1993, dated 30-4-1993. The petitioner, assessee filed an application before the Tribunal under section 256(1) seeking the following questions, said to be questions of law arising out of the order of the Tribunal dated 15-12-1992 to this court for its opinion.'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in confirming the addition of Rs. 3,55,000 under section 68 of the Income Tax Act, 1961, being loans obtained by the assessee from different parties and confirming the disallowance of interest of Rs. 12,964 thereon.2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the assessee has not discharged the onus of proving the genuineness of the loans on the ground that the creditworthiness of the ...
Krishna Ceramics and Refractories Vs. Dr. V.S. Krishna Ceramics and Po ...
Court: Andhra Pradesh
Decided on: Aug-03-2000
Reported in: 2000(5)ALD1; 2000(4)ALT631
ORDERS.R. Nayak, J 1. The defendants are the appellants in this Letters Patent Appeal filed under Clause (15) of Letters Patent. The appeal is directed against the judgment and decree dated 26-4-2000 passed in ASNo.167 of 1998 by a learned single Judge of this Court affirming the judgment and decree dated 30-12-1997 passed in OS No.123 of 1988 on the file of the Court of the Principal Subordinate Judge, Rajahmundry.2. The sole respondent herein is the plaintiff. The plaintiff filed the suit for possession of plaint schedule property after ejecting the defendants therefrom and for recovery of Rs.4,37,500/- towards damages for use and occupation from 15-7-1985 to15-6-1988 and also for recovery of damages of Rs.26,000/- for use and occupation from16-6-1988 to 11-7-1988 and for future damages from the date of suit till recovery of possession at the rate of Rs. 1,000/- per day.3. The case of the plaintiff insofar as it is relevant in this appeal and in brief isthat he is the sole proprietor...
Janatha Travel Agency, Bangalore Vs. Govt. of A.P. and Another
Court: Andhra Pradesh
Decided on: Aug-03-2000
Reported in: 2000(5)ALD250; 2000(5)ALT215
ORDERP. Venkatarama Reddi, J 1. The petitioners who are operators oftourist buses originating from Karnataka State which is their 'home-State' and plying in adjacent States including the State of Andhra Pradcsh, have filed writ petitions assailing the legality and Constitutional validity of Notification issued by the State Government in G.O. Ms. No.83 (Transport-II) Dept, dated 5-2-2000. By the said notification issued under clause (b) of Section 9(1) of A.P. Motor Vehicles Taxation Act (hereinafter referred to as the Taxation Act), the earlier order issued providing for concessional rales of tax was cancelled.2. The vehicles of the petitioners are covered by the Tourist vehicle Permits issued by the State Transport Authority, Karnataka under Rule 64(1) of KMV Rules and the authorisation certificates issued by same authority under the Motor Vehicles (All India Permit for Tourist and Transport Operators) Rules, 1993 and also the recognition certificate issued by the Director of Tourism,...
Y. Chandrakala Vs. Registrar, S.V. University, Tirupati
Court: Andhra Pradesh
Decided on: Aug-03-2000
Reported in: 2000(5)ALD454; 2000(5)ALT274
ORDER1. The issue raised in these four writ petitions being common wherein the decision of the Government to refuse to create two posts of Project-cum-Extension Assistant (Non-technical) and Project-cum-Extension Assistant (Technical) in the Centre for Rural Development and Appropriate Technologies (for short 'the CERDAT') in Sri Venkateswara University (for short 'the University'), Tiruptai has been assailed and they can be disposed of by a common order.2. From the marathon arguments that have taken place in this case, the facts thatare culled out from the records, are hereunder:Futurology Center for Appropriate Technology and Rural Development (for short 'the FACTRD') attached to the Department of Civil Engineering, S.V. University College of Engineering, Tirupati was functioning prior to 1990. For this Department, the University Grants Commission (for short 'the UGC'), in its file No.F.66-1/90 (A-1), dated 5-10-1990, agreed to provide certain grants to the University for the develop...
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