Andhra Pradesh Court September 2001 Judgments
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Executive Officer, Tirumala Tirupathi Devasthanams, Tirupathi Vs. Ttd ...
Court: Andhra Pradesh
Decided on: Sep-07-2001
Reported in: 2001(6)ALD75
S.B. Sinha, C.J. 1. These writ appeals are directed against the common judgment and order dated 27-12-1995 passed by a learned single Judge in Writ Petition Nos.12389 of 1992, 5038 of 1992 and 11887 of 1993.2. As the common questions are involved in all these appeals, they were heard together and are being disposed of by this common judgment.3. The fact in Writ Appeal No.1516 of 1997 can be briefly narrated for the purpose of deciding the questions.4. Writ Petition No.5038 of 1992 out of which Writ Appeal No.1516 of 1997 arises was filed by the erstwhile Tirumala Tirupati Devasthanams Stores Employees Association seeking writ of mandamus to direct the respondents to implement G.O. Ms. No. 1025, Revenue (Endt-III), dated 21-12-1990 and the consequential order of absorption dated 10-4-1991 issued by the second respondent therein.5. The second respondent-Tirumala Tirupati Devasthanamas (for short 'T.T.D.') was running stores under the name of 'Devasthanam Provision Stores' for selling pro...
Superintending Engineer, Hcc-i, Cpwd, Hyd. Vs. Tekmalla Raja Sekhar an ...
Court: Andhra Pradesh
Decided on: Sep-07-2001
Reported in: 2001(6)ALD64; 2001(6)ALT39
S.B. Sinha, C.J. 1. These petitions are directed against a judgment dated 9-2-2000 passed by the Central Administrative Tribunal in Original Application Nos.83 and 1168 of 1998 and 109 of 1999. The respondents herein filed the afore-mentioned applications inter alia for the following relief:..... This Hon'ble Tribunal may bepleased to call for the connected records including the Letter No.34/17/93-Exx, dated 18-8-1993 of the 1st respondent and direct the respondents to regularise the service of the applicants in any post of Welder, Peon, Driver, Carpenter or other equivalent Group-D post with all consequential benefits in the interest of justice and pass orders as it may deem fit and just.They having been working in different capacities for a number of years, but, despite the same their services have not been regularised.2. It was contended that as the job is of perennial nature, their services oughtto have been regularised. Before the learned Tribunal a contention was raised on behalf...
P. Meharunnissa Begum and ors. Vs. P. Noorunnissa Begum and ors.
Court: Andhra Pradesh
Decided on: Sep-07-2001
Reported in: 2001(6)ALD229; 2002(3)ALT12
1. The suit was filed by the respondents-plaintiffs for partition. During the trial the plaintiffs marked Ex.A.1. It appears Ex.A. 1 a copy of the Court decree refers to a document dated 24.11.1959 in Tamil language which speaks of settlement between the plaintiffs and their relations. Intending to confront the plaintiffs with document dated.24.11.1959 the petitioners-defendants filed I.A.No.204 of 2001 for direction to the plaintiffs to produce the said document. The application was opposed bythe plaintiffs inter alia denying all the contentions in the application and also contending that the alleged document in Tamil language is not executed by plaintiffs' father and that it is a fabricated document. It was also contended that no such document is in the custody of their father. The learned trial Judge having regard to the language of Order XI, Rule 14 of Code of Civil Procedure, 1908 (CPC) dismissed the application on two grounds. First, in the written statement filed by the ninth de...
D. Pataiah Vs. Superintendent of Police, Cuddapah, Cuddapah District a ...
Court: Andhra Pradesh
Decided on: Sep-07-2001
Reported in: 2001(6)ALD70
S.B. Sinha, C.J. 1. The petitioner herein was appointed as a Police Constable in 1969. He was promoted as Head Constable in January, 1994. He had undergone the refresher course training, but had not passed the requisite test. He was reverted to the post of Police Constable by an order dated 22-5-2000. He filed Original Application No.2778 of 2000 before the State Administrative Tribunal to set aside said order of reversion issued by the first respondent.2. The learned Tribunal in terms of the impugned judgment dated 8-6-2000directed the petitioner to prefer an appeal to the Government. Aggrieved by the said order, this writ petition has been filed.3. Mr. C. Srinivasa Babu, the learned Counsel appearing on behalf of the petitioner, would submit that having regard to the policy decision of the State, a person, who has crossed the age of 45 years, is exempted from appearance at the examination and thus the impugned judgment must be held to be bad in law.4. The learned Government Pleader f...
K. Radha Raju Vs. K. Seetharama Raju
Court: Andhra Pradesh
Decided on: Sep-07-2001
Reported in: 2001(6)ALD460; 2001(6)ALT350
G. Rohini, J. 1. These two appeals filed by the wife arise out of a common order of the Family Court at Hyderabad dated 27-8-1999 made in OP Nos. 775 of 1996 and 567 of 1995. Whereas OP No. 567 of 1995 has been filed by the husband against the wife seeking dissolution of marriage between the parties under Section 13(1)(ia) of the Hindu Marriage Act, 1955, the other OP No. 775 of 1996 has been filed by the wife under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights. Both the OPs were tried together and on the basis of common evidence adduced, the family Court by a common order allowed OP No. 567 of 1995 granting decree of divorce and dismissed OP No. 775 of 1996 filed by wife for restitution of conjugal rights. Aggrieved by the said order the wife filed the present appeals viz., CMA Nos. 108 of 2000 and 3186 of 1999 against the common order in OP No. 775 of 1996 and OP No. 567 of 1995 respectively. Since both these appeals arose out of a common order, the...
Hyderabad District Co-operative Central Bank Vs. Co-operative Tribunal ...
Court: Andhra Pradesh
Decided on: Sep-07-2001
Reported in: 2001(6)ALD359
ORDER1. All these writ petitions arise out of a common surcharge order made by the District Co-operative Officer and Special Category Deputy Registrar of Co-operative Societies, Ranga Reddy District (hereinafter referred to as 'the Surcharging Officer') in Re. No.4507/90-C, dated 28-12-1991. Hence, all of them are disposed of by this common order.2. Writ Petition Nos.1757, 5698, 5699, 5770 of 1999 were filed by the Hyderabad District Co-operative Central Bank (hereinafter referred to as 'the Bank') while Writ Petition Nos. 7714 and 8866 of 1999 were filed by its employees.3. During the month of July, 1988 an amount of Rs. 12,26,400/- was sanctionedby the Bank as loan under Loan A/c No.1010 to the A.P. Housing Board Technical Staff Co-operative Credit Society (hereinafter referred to as 'the Society'). When certain serious omissions and commissions in sanctioning of that loan amount by the officers of the Bank came to the notice of the Commissioner for Co-operative and Registrar of Co-o...
Apsrtc, Managing Director, Mushirabad, Hyd. Vs. S. Dhanamjaya Reddy
Court: Andhra Pradesh
Decided on: Sep-07-2001
Reported in: 2003ACJ941; 2001(6)ALD790
Motilal B. Naik, J. 1. Appellant is the A.P. State Road Transport Corporation represented by its Managing Director, Mushirabad, Hyderabad, who assail the award dated 7.2.1995 made by the Motor Accidents Claims Tribunal-cum-Additional District Judge, Tirupati in M.V.O.P. No. 100 of 1991, on various grounds. 2. The respondent in the appeal instituted the above M.V.O.P. before the Tribunal under Section 166(1)(a) of the M.V. Act claiming a compensation of Rs. 9,64,000/ - for the injuries sustained by him in a motor bus accident that took place on 31.1.1991 around 5.15 P.M. at S.V. Bus Station at Tirupati. According to the respondent-claimant, at the relevant point of time he was aged 37 years and was working as a Watchman in State Bank of Hyderabad, Indiranagar Branch at Madras and was drawing a sum of Rs. 2,500/- per month towards salary. While so, on 31.1.1991 around 5.15 P.M. when the respondent-claimant was standing at the out gate of S.V. Bus Station, Tirupati by the side of the ceme...
Commissioner of Income-tax Vs. G.V. Rattaiah and Co.
Court: Andhra Pradesh
Decided on: Sep-07-2001
Reported in: [2002]256ITR351(AP)
S.R. Nayak, J. 1. The Income-tax Appellate Tribunal, Hyderabad Bench-A, has referred the following two questions which were said to arise out of the order of the Tribunal dated January 31, 1991, in R. A. Nos. 700 to 702/Hyd of 1986, for the opinion of this court under Section 256(2) of the Income-tax Act, 1961.'1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in admitting a whole lot of new evidence under Rule 29 of the Income-tax (Appellate Tribunal) Rules, 1963, filed in paper book (virtually permitting the assessee to make out completely a new case) though this evidence was never presented before or considered by the lower authorities and without giving the Income-tax Officer an opportunity, to estimate the evidence ? 2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in holding that the income in question was business income or income under other sources in the...
Cit Vs. G.V. Rattaiah and Co.
Court: Andhra Pradesh
Decided on: Sep-07-2001
Reported in: [2001]119TAXMAN493(AP)
ORDERNayak, J. The Tribunal, Hyderabad Bench 'A', has referred the following two questions which were said to arise out of the order of the Tribunal dated 31-1-1991 in R.A. Nos. 700 to 702 (Hyd.) of 1986, for the opinion of this court under section 256(2) of the Income Tax Act, 1961 (hereinafter referred to as the Act) :'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in law in admitting a whole lot of new evidence under rule 29 of the Appellate Tribunal Rules, 1963 filed in paper book (virtually permitting the assessee to make out completely a new case) though this evidence was never presented before or considered by the lower authorities and without giving the Income Tax Officer an opportunity to estimate the evidence ?2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the income in question was business income or income under other sources in the absence of carrying on busi...
Hyderabad District Co-operative Central Bank Vs. Co-operative Tribunal ...
Court: Andhra Pradesh
Decided on: Sep-07-2001
Reported in: 2007(6)ALT63
ORDERR. Ramanujam, J.1. All these writ petitions arise out of a common surcharge order made by the District Co-operative Officer and Special Category Deputy Registrar of Co-operative Societies, Ranga Reddy District (hereinafter referred to as 'the Surcharging Officer') in Rc No. 4507/90-C, dated 28-12-1991. Hence, all of them are disposed of by this common order.2. Writ Petition Nos. 1757, 5698, 5699, 5770 of 1999 were filed by the Hyderabad District Co-operative Central Bank (hereinafter referred to as' the Bank') while Writ Petition Nos. 7714 and 8866 of 1999 were filed by its employees.3. During the month of July, 1988 an amount of Rs. 12,26,400/- was sanctioned by the Bank as loan under Loan A/c No. 1010 to the A.P. Housing Board Technical Staff Co-operative Credit Society (hereinafter referred to as 'the Society'). When certain serious omissions and commissions in sanctioning of that loan amount by the officers of the Bank came to the notice of the Commissioner for Co-operative an...
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