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Andhra Pradesh Court September 2001 Judgments

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Sep 07 2001

A. Ratnam and ors. Vs. Government of Andhra Pradesh, Education Departm ...

Court: Andhra Pradesh

Decided on: Sep-07-2001

Reported in: 2001(6)ALT661

ORDERV.V.S. Rao, J.INTRODUCTION:1. All these writ petitions are filed questioning the judgment passed by the A.P. Administrative Tribunal in various cases including O.A.Nos. 4496 of 2001 and batch dated 24-7-2001. This judgment shall dispose of all the writ petitions.2. As the facts are almost similar in all the cases, we may take the case as projected in W.P.No. 15469 of 2001 which is filed against O.A.No. 4546 of 2001, The said O.A. was filed under Section 19 of the Administrative Tribunals Act, 1985 by the petitioners herein praying for a declaration that the action of the respondents in not conducting the entrance test for crash course in the year 1989 as per notification dated 18-10-1989, and after conducting the same in the year 1995, not permitting the applicants/petitioners to complete the crash course till April 2000 is illegal, unjust, arbitrary, being violative of Articles 14, 16 and 21 of the Constitution of India and also praying for a consequential direction to the respon...


Sep 06 2001

G.Y.V. Prasad and ors. Vs. Collector/Chairman, District Scheduled Cast ...

Court: Andhra Pradesh

Decided on: Sep-06-2001

Reported in: 2001(6)ALD270

S.B. Sinha, C.J.1. The petitioners are three in number. They filed this writ petition praying, inter alia, for the following reliefs:'to issue an appropriate writ, order or directions especially one in the nature of a writ of mandamus declaring the action of respondents in not considering the claim of petitioners for promotion as Senior Assistants on the illegal ground of non-finalization of recruitment rules as arbitrary, discriminatory and unconstitutional and consequently direct the respondents to promote the petitioners as Senior Assistants in the Office of the third respondent with all consequential benefits.'2. The following facts are not disputed: The 1st petitioner was appointed as Junior Accountant on 20th April, 1992 and his services were regularized as Typist on 6-2-1993. The 2nd petitioner was appointed as a Junior Assistant on 10th June, 1988 and his services were regularized in the said post on 3rd November, 1991. He was thereafter appointed as Special Grade Junior Assist...


Sep 06 2001

Hyderabad Industries Ltd. Vs. Commissioner of Income-tax

Court: Andhra Pradesh

Decided on: Sep-06-2001

Reported in: [2001]252ITR401(AP)

S. Ananda Reddy, J. 1. At the instance of the assessee, the Income-tax Appellate Tribunal, Hyderabad Bench-A, Hyderabad, referred the following question, said to arise out of its order in ITA No. 78 of 1985, dated September, 19, 1988, for the assessment year 1980-81, under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in law in holding that the asses-see is not eligible for investment allowance on data processing machine ?'2. The brief facts leading to the above reference are that the assessee is a public limited company carrying on the business in manufacture and sale of asbestos cement products. During the previous year, relevant to the assessment year, the assessee installed new machinery costing Rs. 1,31,58,308 and claimed investment allowance at 25 per cent. of the said cost. The said machinery includes data processing machine, the cost of...


Sep 06 2001

Challa Kondaiah and ors. Vs. Commissioner of Income-tax and anr.

Court: Andhra Pradesh

Decided on: Sep-06-2001

Reported in: 2002(1)ALT37; [2001]252ITR854(AP)

S.R. Nayak, J. 1. This writ petition was initially filed by the late Justice Challa Kondaiah, a former retired Chief Justice of the High Court of Andhra Pradesh. While the writ petition was pending, he died and his legal representatives were brought on record as petitioners Nos. 2 to 5 by order of the court dated August 21, 2001 passed in WPMP No. 21006 of 2001. 2. A short question that arises for decision in this writ petition is whether the deceased-petitioner was entitled to claim exemption in respect of house rent allowance (HRA) of Rs. 30,000 received by him during the accounting year corresponding to the assessment year 1989-90 as a Member, Commission of Enquiry. 3. The assessee, after retirement as Chief Justice of the Andhra Pradesh High Court, was appointed as Member, Commission of Enquiry, by the Government of Andhra Pradesh to enquire into cases under the Urban Land Ceiling Act, 1976. The income-tax assessment of the assessee for the assessment year 1989-90 was completed und...


Sep 06 2001

Justice Challa Kondaiah Vs. Cit

Court: Andhra Pradesh

Decided on: Sep-06-2001

Reported in: [2001]119TAXMAN511(AP)

ORDERNayak, J. This writ petition was initially filed by Late Justice Challa Kondaiah, a former retired Chief Justice of High Court of Andhra Pradesh. While writ petition was pending, he died and his LRs were brought on record as petitioners 2 to 5 by order of the court dated 21-82001 passed in WPMP No. 21006 of 2001.2. A short question that arises for decision in this writ petition is: whether the deceased-petitioner was entitled to claim exemption in respect of House Rent Allowance (hereinafter referred to as the HRA) of Rs. 30,000 received by him during the accounting year corresponding to the assessment year 1989-90 as a Member, Commission of Enquiry?3. The assessee after retirement as Chief Justice of the Andhra Pradesh High Court was appointed as Member, Commission of Enquiry, by the Government of Andhra Pradesh to enquire into cases under the Urban Land Ceiling Act, 1976. The income-tax assessment of the assessee for the assessment year 1989-90 was completed under section 143(3)...


Sep 06 2001

K. Kesava Reddy Vs. K. Deepalakshmi and ors.

Court: Andhra Pradesh

Decided on: Sep-06-2001

Reported in: 2002(1)ALT413

ORDERR. Ramanujam, J.1. These two Civil Revision Petitions are against the orders of the learned Principal Junior Civil Judge, Anantapur dated 17-8-2001 dismissing I.A.Nos. 1701 and 1700 of 2001 in O.S.No. 409 of 1995.2. The petitioner herein is the plaintiff in O.S.No. 409 of 1995. He filed the said suit against his father (3rd respondent-defendant, who is no more), brothers and sisters, who are the respondents-defendants, for declaration that the gift deed executed by his mother on 25-11-1991 in favour of the 1st respondent-defendant, who is a daughter of one of his brothers, is a forged one. The trial of the suit was commenced on 25-2-1999 and was completed on 19-12-2000 and since then the suit is being posted for arguments. However, the arguments could not be completed due to the non-co-operative attitude adopted by the petitioner-plaintiff and the respondents-defendants 7 to 10, who were supporting the petitioner-plaintiff. During the course of trial, the petitioner-plaintiff file...


Sep 05 2001

Ch. Seetharamaiah Vs. Andhra Pradesh Paper Mills Limited, Secunderabad

Court: Andhra Pradesh

Decided on: Sep-05-2001

Reported in: 2001(5)ALD574; 2001(5)ALT494

ORDER1. The petitioner at the relevant point of time was serving as Vice-President (Finance) in the establishment of M/s. Andhra Pradesh Paper Mills Limited, the 1st respondent in the writ petition. In this writ petition the petitioner has assailed the validity and legality of the Order No. CPD/Estt/97, dated 30-9-1997 accepting the resignation of the petitioner submitted on 30-9-1997 and the order dated 15-10-1997 terminating the services of the petitioner as General Manager (Finance).2. The background facts leading to the filing of this writ petition, as stated by the petitioner in the affidavit, be noted briefly as under: The petitioner is a qualified Chartered Accountant having had extensive and wide exposure as a Senior Finance Executive in Multinational companies and as also in public sector companies both in Central and State sector. The petitioner was selected as Deputy General-Manager (Finance) to serve in the establishment of the 1st respondent in September, 1988 through All ...


Sep 05 2001

N. Satyanarayana Vs. Dist. Co-operative Officer, Kakinada, E.G. Dist. ...

Court: Andhra Pradesh

Decided on: Sep-05-2001

Reported in: 2001(6)ALD243; 2001(6)ALT744

ORDER1. The petitioner, who is working as a Paid Secretary in Z.Medapadu Primary Agricultural Co-operative Society, Dwarapudi, Mandapeta Mandal, East Godavari District. 4th respondent herein, filed this writ petition impugning the validity of the order dated 11-11-1996 issued by the General Manager, District Co-operativeCentral Bank, Kakinada. 3rd -respondent herein, keeping him under suspension with immediate effect, pending enquiry into the allegations made against him regarding the working of the Society. 2. The petitioner was originally appointed on 1-3-1982 as a Paid Secretary and was posted to Chintaluru Primary Agricultural Co-operative Society, Alamuru Mandal, East Godavari District. Consequent to insertion of Section 116-AA in the A.P. Co-operative Societies (Amendment) Act, 1985 (by the Amendment Act 21 of 1985), the post of Paid Secretary was decaderised and the petitioner was allotted to the 4th respondent-Society by the District Collector, Co-operation, East Godavari Distr...


Sep 05 2001

L. Gopal Vs. the Hon'ble District and Sessions Judge and Anr.

Court: Andhra Pradesh

Decided on: Sep-05-2001

Reported in: 2001(5)ALT561

ORDERS.R. Nayak, J.1. To put the grievance of the petitioner, in nut shell, is that though he was selected to the post of Attender/Process Server, as reflected in the communications sent to him by the District Judge, Medak District at Sangareddy, dated 18.6.2000 and 3.7.2000, he was not appointed to the said post and the said inaction of the learned District Judge is irregular and illegal and violative of Articles 14 and 16 of the Constitution. So alleging, the petitioner has sought for mandamus declaring the inaction on the part of the learned District Judge, Medak in giving appointment to the petitioner as Attender/Process Server with effect from 10.7.2000 as illegal, arbitrary, unjust and for a consequential direction to the learned District Judge to appoint the petitioner as Attender/Process Server with effect from 10.7.2000 the date on which he was directed to report for duty in pursuance of the appointment order dated 18.6.200 with original certificates. 2. Opposing the writ peti...


Sep 05 2001

M. Lakshmi Devi Vs. Director General of Police, Govt. of A.P. and anr.

Court: Andhra Pradesh

Decided on: Sep-05-2001

Reported in: 2001(2)ALD(Cri)516; 2001(5)ALT90; 2001(2)ALT(Cri)366; 2002CriLJ1928

ORDERRamesh Madhav Bapat, J. 1. This writ petition is filed by one Smt. Lakshmi Devi, wife of M. Venkatramana. The averments made in the writ petition are as under: The petitioner is the wife of Venkatramana. The petitioner is also related to M. Veeraiah. Both of them are convicts. It is submitted that her husband Venkatramana was firstly remanded on 10-11-1987 in connection with P.R.C.No. 19 of 1988 of Uppal Police Station. He was in jail in connection with this case for three years. Later on he was on bail until 31-3-1993. He was arrested once again and was kept in Nalgonda jail in connection with Sessions Case No. 315 of 1997 which was pending on the file of the Assistant Sessions Judge, Miryalaguda at Nalgonda District. When he was in Nalgonda jail, the concerned Police have shown him in the year 1998 as detenu in connection with P.R.C.No. 19 of 1988 of Uppal Police Station. The Assistant Sessions Judge, Miryalaguda, acquitted the husband of the petitioner in S.C.No. 315 of 1997. T...


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