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Andhra Pradesh Court June 2001 Judgments

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Jun 12 2001

M.V. Venkateswara Rao Vs. Secretary, Central Board of Direct Taxes and ...

Court: Andhra Pradesh

Decided on: Jun-12-2001

Reported in: [2001]252ITR457(AP)

S.R. Nayak, J. 1. The petitioner claiming that the information supplied by him directly led to the recovery of Rs. 10,00,000 and more towards theincome-tax from Sri Rama Corporation and alleging that only a sum of Rs. 56,787 is paid towards the reward whereas under the relevant guidelines issued by the Central Board of Direct Taxes vide its letter F. No. 12/ 22/68-I.T. Inv., dated June 23, 1973, he should have been paid 10 per cent. of the tax recovered, has filed this writ petition for the following relief : 'For the reasons stated in the accompanying affidavit, the petitioner herein prays that this court may be pleased to issue a writ or order or orders or a direction more particularly one in the nature of writ of mandamus declaring that the petitioner is entitled the taxes including interest and penalties received as reward amount and consequently direct the respondents to effect the payment of the reward amount accordingly and pass such other orders as the court may deem fit and pr...


Jun 12 2001

The Andhra Pradesh Hotels Association, Rep. by Secretary, G.V. Krishna ...

Court: Andhra Pradesh

Decided on: Jun-12-2001

Reported in: 2001(4)ALT292; (2001)IILLJ1378AP

ORDERE. Dharma Rao, J. 1. The petitioner, which is the Andhra Pradesh Hotels Association, represented by its Secretary filed the present writ petition seeking writ of Mandamus declaring the G.O.Ms.No.53 Labour, Employment, Training and Factories ( Lab. II) dated 17-10-2000 as illegal, arbitrary and unconstitutional and to issue consequential directions to the respondent and pass such other order or orders as this Honorable court deems fit and proper in the circumstances of the case.2. The brief facts of the case are as follows: The petitioner is the secretary of the Andhra Pradesh Hotels Association, which is registered association representing the hotels functioning in the State of Andhra Pradesh. The respondent issued draft notification in G.O.Rt.No.599 dated 23-3-1999 published in the Gazette proposing revision of minimum wages in the hotel industry under Sec. 5(2) of the Minimum Wages Act. The previous revision of minimum wages has taken place under G.O.Ms.No.89 dt.15-5-1991. The p...


Jun 12 2001

Apsrtc, Rep. by Its Vice Chairman and Managing Director Vs. G. Jana Ba ...

Court: Andhra Pradesh

Decided on: Jun-12-2001

Reported in: II(2001)ACC716; I(2002)ACC502; 2002ACJ502; 2001(4)ALT538

ORDERMotilal B. Naik, J.1. Appellant herein is the 1st respondent in O.P.No. 965 of 1990 on the file of the Court of the I Additional Special Judge for SPE and ACB Cases -cum- Additional Chief Judge, City Civil Court, Hyderabad. The respondents who are the legal representatives of late G. Umamaheshwar Rao, who died in a motor accident on 20-7-1989, laid a claim in O.P.No. 965 of 1990 under Section 166 of the M.V. Act before the Tribunal below seeking a total compensation of a sum of Rs.10 lakhs.2. The 1st respondent herein is the wife and respondents 2 and 3 are the minor children of the deceased G.Umamaheshwar Rao, who was serving as Sub Manager in Andhra Bank, Bhimadole Branch in West Godavari District. He was aged 37 years at the time of his death. On 20-7-1989 at 8.30 AM, the deceased and his brother G. Suryanarayana Murthy, Manager, Andhra Bank, Mallavaram Branch, West Godavari District were traveling in an auto rickshaw bearing No. AHT 8271 to go to Secunderabad Railway Station a...


Jun 12 2001

Boddu Jalaiah Vs. Boddu Panduranga Rao and anr.

Court: Andhra Pradesh

Decided on: Jun-12-2001

Reported in: 2001(4)ALT271

ORDERG. Bikshapathy, J.1. Both the revision petitions can be disposed of by a common order as the matters arise out of the orders passed in the same suit.2. C.R.P.No. 1557 of 2001 is filed against the order dated 20-03-2001 made in CFR No. 1996 of 2001 in O.S.No. 196 of 1994 on the file of learned Principal Junior Civil Judge, Kandukur, refusing to summon the records from the office of the Mandal Revenue Officer, Singarayakonda. The petitioner is the plaintiff. The suit was filed for permanent injunction. In the suit, the evidence was adduced on both the sides. When the matter is coming up for arguments, this petition was filed.3. Learned Judge, after considering the matter, held that the application is filed only to delay the matter. Accordingly, the application was dismissed by the impugned order. The said order is assailed in this revision.4. Learned Counsel for the petitioner submits that the file, which ought to have been kept with the Mandal Revenue Officer. Singarayakonda was se...


Jun 12 2001

M.V. Venkateswara Rao Vs. Secretary, Cbdt

Court: Andhra Pradesh

Decided on: Jun-12-2001

Reported in: [2001]117TAXMAN633(AP)

ORDERNayak, J. The petitioner claiming that the information supplied by him directly led to the recovery of Rs. 10 lakhs and more towards in income-tax from Sri Rama Corpn. and alleging that only a sum of Rs. 56,787 is paid towards the reward whereas under the relevant guidelines issued by the Central Board of Direct Taxes vide its letter F. No. 12/22/68 - I.T. Inv., dated 23-6-1973 he should have been paid 10 per cent of the tax recovered, has filed this writ petition for the following relief :'For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon'ble court maybe pleased to issue a writ or order or orders or a direction more particularly one in the nature of writ of mandamus declaring that the petitioner is entitled the taxes including interest and penalties received as reward amount, and, consequently, direct the respondents to effect the payment of the reward amount, accordingly, and pass such other orders as the Hon'ble court may deem fit a...


Jun 11 2001

Referring Officer the I Addl. Dist. and Sessions Judge Vs. Arja Narasi ...

Court: Andhra Pradesh

Decided on: Jun-11-2001

Reported in: 2001(2)ALD(Cri)175

Ramesh Madhav Bapat, J. 1. Criminal Appeal No. 610/2001 is filed by the accused in Sessions Case No. 438/2000 against the order of conviction and sentence recorded by the I Additional Sessions Judge, Machilipatnam, of the offence punishable under Section 302 of the Indian Penal Code. The learned sessions judge sentenced the appellant-accused to death. The reference in referred trial No. 3/2001 is made by the learned Sessions Judge for confirmation of the death sentence recorded by him against the accused. 2. The substance of the charge against the accused was that on 12.8.2000 at about 8.30 a. m., he caused the death of his wife named Arja Leela by hacking her with a knife on her head and other parts of her body. 3. The prosecution story can be briefly narrated as follows. Marriage between the accused and the deceased took place about 20 years prior to the incident. They lived at pedayadara Village. Out of their wedlock, three daughters and two sons were born to them. 4. P.W.1 happened...


Jun 11 2001

New India Assurance Company Limited Vs. A. Senapathi Reddy and anr.

Court: Andhra Pradesh

Decided on: Jun-11-2001

Reported in: 2002ACJ2095; 2002(3)ALT24; (2002)IIILLJ418AP

B. Subhashan Reddy, J.1. All these LPAs arise under Workmen's Compensation Act, 1923 (for short 'the Act'). The appellants are the insurance companies and they suffered an order of payment of compensation passed by the Commissioner under Section 20 of the Act and the said order is subjected to appeal under Section 30(1) of the Act. But, third proviso to Section 30(1) which was added by Amending Act 15 of 1933 places an embargo on the exercise of right of appeal only on condition of deposit of the amount determined by the Commissioner. In the instant case, a contention was taken that the word 'employer' employed in the said third proviso to Section 30(1) of the Act does not include the 'insurer'. Repelling the said contention, a Division Bench of this Court in GANGIREDDY VENKATESWRA RAO v. DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED 1 held that the 'insurer' steps into the shoes of 'employer' when he prefers an appeal against the order of the Commissioner directing him to pa...


Jun 11 2001

Vemula Ravi and anr. Vs. Assistant Commercial Tax Officer (int.)

Court: Andhra Pradesh

Decided on: Jun-11-2001

Reported in: [2001]124STC112(AP)

ORDERS. Ananda reddy, J.1. This writ petition is filed praying for the issue of a writ of mandamus or any other appropriate writ declaring the collection of tax of Rs. 12,529 and penalty of Rs. 62,645 by the respondent from the first petitioner as illegal, arbitrary, without jurisdiction and violative of Article 265 of the Constitution of India and consequently direct the respondent to refund the said amounts and to pass any other appropriate orders,2. This writ petition is filed by two individuals. The first petitioner is an individual and the second petitioner is a proprietary concern of one K. Chandrasekhar Rao carrying on business in jewellery at Jaggayyapet, Krishna District. It is stated that the first petitioner is the nephew of Sri K. Chandrasekhar Rao, the proprietor of the second petitioner herein. The second petitioner is the registered dealer on the rolls of the Deputy Commercial Tax Officer, Jaggayyapet and he is engaged in the business of sales of jewellery. The second pe...


Jun 11 2001

Gem Petro Chemicals Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Jun-11-2001

Reported in: [2001]124STC366(AP)

S. Ananda Reddy, J. 1. These five revisions are directed against the common order of the Sales Tax Appellate Tribunal in T.A. Nos. 765 to 770 of 1997 dated June 8, 2000 for the assessment years 1989-90 to 1993-94. As common issue is involved in all these revisions, they are disposed of by this common judgment, at the admission stage itself.2. The assessee is a registered dealer on the file of the Commercial Tax Officer, Auto Nagar, Vijayawada. Originally final assessments were framed for the assessment years 1989-90 to 1992-93 accepting the claim of the assessee for exemption of the turnover from sales tax. However, basing on the subsequent information received by the assessing authority, provisional assessment was framed for the assessment year 1993-94 as well as the revised assessments for the assessment years 1989-90 to 1992-93, disallowing the claim of exemption in respect of the engine oil, as there was information to the assessing officer that three dealers from whom the assesses...


Jun 08 2001

EkhtedaruddIn Khan and Others Vs. Revenue Divisional Officer, Chevella ...

Court: Andhra Pradesh

Decided on: Jun-08-2001

Reported in: 2001(4)ALD197

ORDER1. This writ petition is filed by four petitioners praying for the issue of a writ or direction declaring the orders passed by the Revenue Divisional Officer, Chevella Division, Ranga Reddy District in Case Nos.L/3842/1982 and 173843/1982 as illegal,null and void and without jurisdiction and to pass such other order or orders.2. The writ petitioners are some of the applicants before the Inams Tribunal, who filed applications for the issue of a certificate recognising their right as successors of the Inamdar. It is stated by the petitioners that one Shehzadi Jahandarunisa Begum, also known as Lady Vicar, owned several properties including the inam lands of Begumpet, Ranga Reddy District, within the limits of Municipal Corporation of Hyderabad. After due enquiry the Atiyat Authority, Government of Hyderabad, issued a Muntakab in favour of the said Inamdar in Muntakab No.9 of 1950, dated 13-10-1950. The said Inamdar died leaving behind her one son by name Sultan-Ul-Mulk and daughter ...


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