Andhra Pradesh Court September 2001 Judgments
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Commissioner of Income-tax Vs. Navabharat Enterprises
Court: Andhra Pradesh
Decided on: Sep-24-2001
Reported in: (2002)174CTR(AP)105; [2002]253ITR316(AP)
S.R. Nayak, J. 1. The following questions have been referred to this court for opinion by the Income-tax Appellate Tribunal, Hyderabad Bench 'B' (for short 'the Tribunal') :'1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the assessee was entitled to deduction under Section 80HHC(1)(b) of the Income-tax Act, 1961 ? 2. Whether, on the facts and in the circumstances of the case, the Income- tax Appellate Tribunal was justified in cancelling the orders of the Commissioner of Income-tax (Appeals)-I, Hyderabad, passed under Section 263 of the Income-tax Act, 1961 ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee need not export the same goods to get deduction on the incremental turnover under Section 80HHC(1)(b) of the Income-tax Act, 1961 ?' 2. The assessee-company filed a return for the assessment year 1983-84 declaring nil income. The asses...
Kommuru Hazarathaiah Vs. Thadikamalla Anantha Lakshmi
Court: Andhra Pradesh
Decided on: Sep-24-2001
Reported in: 2002(1)ALT16
ORDERP.S. Narayana, J. 1. Heard both the counsel and perused the material on record. 2. The short question that falls for consideration in the present C.R.P. is whether the plaint in O.S. No. 178 of 1997 on the file of the Principal Junior Civil Judge, Nellore is liable to be rejected or the further proceedings in the suit are to be proceeded with. 3. The facts in brief are that the defendant in O.S. No. 178 of 1997 on the file of the Principal Junior Civil Judge, Nellore filed an application I.A. No. 161 of 1999 under Order 7 Rule 11 read with Sections 9, 21 and 151 of the Code of Civil Procedure requesting the Court to dismiss the suit or reject the plaint and pass such further relief as it may deem it fit and proper in the facts and circumstances of the case. The Court below had dismissed the said application by order dated 8.11.1999 and aggrieved by the same the revision petitioner had filed the present C.R.P. 4. Sri Sridhar representing Mrs. Bhaskara Lakshmi had drawn my attention...
Cit Vs. Navabharat Enterprises
Court: Andhra Pradesh
Decided on: Sep-24-2001
Reported in: [2001]253ITR316(AP)
S. R. Nayak, J., The following questions have been referred to this court for opinion by the Income Tax Appellate Tribunal, Hyderabad Bench 'B' (hereinafter referred to as 'the Tribunal')'1. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was justified in holding that the assessee was entitled to deduction under section 80HHC(1)(b) of the Income Tax Act, 1961 ?2. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was justified in cancelling the orders of the Commissioner (Appeals)-I, Hyderabad, passed under section 263 of the Income Tax Act, 1961 ?3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee need not export the same goods to get deduction on' the incremental turnover under section 80HHC(1)(b) of the Income Tax Act, 1961 ?'The assessee-company filed a return for the assessment year 1983-84 declaring nil income. The assessment ...
A. Bala Kameswara Rao Vs. Bar Council of the State of Andhra Pradesh, ...
Court: Andhra Pradesh
Decided on: Sep-21-2001
Reported in: 2001(6)ALD224; 2002(2)ALT230
S.R. Nayak, J.1. The petitioner is an Ex-Judicial Officer who has been compulsorily retired, as a disciplinary measure on the basis of proved mis-conduct. The petitioner has filed this writ petition challenging the constitutional validity of Rule-7-A in Chapter-3, Part-VI of the Rulesframed by the Bar Council of India as amended by its Resolution No.20 of 1999 and published in the Official Gazette on 26.2.2000 and the proceedings of the Bar Council of the State of Andhra Pradesh dated 10.1.2001 rejecting the application of the petitioner dated 13.6.2001 for resumption of practice in law.2. The background facts leading to the filing of the writ petition are noted briefly as under:3. The petitioner while serving as Court Master in the High Court was appointed as District Munsif. On the proved misconduct, the petitioner was retired compulsorily as a disciplinary measure by an order dated 8.4.1996 of the High Court. There afterwards the petitioner enrolled himself as an advocate on the Rol...
Lakshmi Singa Reddy and anr. Vs. Secretary, A.P. Public Service Commis ...
Court: Andhra Pradesh
Decided on: Sep-21-2001
Reported in: 2001(6)ALD1
S.B. Sinha, C.J. 1. The two petitioners herein being aggrieved by and dissatisfied with the judgment and order dated 7-5-1999 passed by the Andhra Pradesh Administrative Tribunal in OA No. 1862 of 1999 have filed this writ application. The petitioners pursuant to a notification issued on 27-6-1997 by the A.P. Public Service Commission filed their applications for appointment as School Assistants in Social Studies subject through Telugu medium. The relevant portion of the notification reads thus: Advertisement No.4/1997Applications are invited for appointment by Direct Recruitmentto the post of School Assistants Name of the postMinimum/maximum Age as on1-7-1997Scale of paySchool Assistants in A.P.18-36Rs. 2525 - 5390Education SubordinateService Details of vacanciesZoneDistrictMathematicsScienceSocial StudiesVII23 Hyd.444663 Total163143174 Note :--The medium of instructions (Urdu/Tamil/Oriya) is indicated above. All other vacancies are meant for Telugu medium only. N.B. 1. The number of...
Bajaj Electricals Limited, Bombay and anr. Vs. State of Andhra Pradesh ...
Court: Andhra Pradesh
Decided on: Sep-21-2001
Reported in: 2001(6)ALD285; 2001(5)ALT526
ORDER1. The petitioners in the instant writ petition prays for issuance of a writ of Mandamus declaring the process of tendering adopted by the Municipal Corporation of Hyderabad vide Tender notice No. 12/EE (Elec)/MCH/DB/2001-2002 dated 21.6.2001 as illegal and unconstitutional. The process, according to the petitioners, is violative of petitioners' fundamental right guaranteed under Articles 14 and 19(1)(g) of the Constitution of India. The petitioners consequently challenge the action of the Corporation in not issuing tender schedules to the 1st petitioner-Company as arbitrary and illegal.2. Before adverting to the questions that fall for consideration, it may be necessary to briefly notice the sequence of events leading to filing of this writ petition. The 1st petitioner-company is a public limited company and is part of Balaji Group of Companies. It is claimed to be one of the leading companies in the country in the field of illumination engineering with an annual turnover of Rs.4...
Osmania University Teachers Association and ors. Vs. State of Andhra P ...
Court: Andhra Pradesh
Decided on: Sep-21-2001
Reported in: 2001(6)ALD451; 2001(6)ALT757
S.B. Sinha, C.J.1. The writ appeal is directed against a judgment and order dated 12.2.1996 passed by a learned single Judge of this Court whereby and whereunder the writ petition filed by the appellants herein praying for the following relief:. to issue an appropriate writ or direction or order more Particularly in the nature of Writ of mandamus directing the respondent to fix the Pay scale of the Reader and Professor who were appointed under merit Promotion scheme on par with Reader/professor appointed under regular advertised substantive post by considering Articles 14, 16 and 39(d) of the Constitution of India as envisaged under principle of doctrine of equal pay for equal work.was dismissed. They have also filed writ petitions for similar reliefs.2. The members of the appellant No. 1 and other writ petitioners are readers and professors working in the 3rd respondent-University. The 3rd petitioner was appointed as a lecturer in the year 1964. He was appointed as a reader in the yea...
A.V.S. Ram Mohan Sastry and ors. Vs. State Bank of Hyderabad, Hyderaba ...
Court: Andhra Pradesh
Decided on: Sep-21-2001
Reported in: 2002(1)ALD572; 2002(4)ALT808
ORDER1. In all these writ petitions the point at issue is what are the methods and manner that have to be followed in implementing 'State Bank of Hyderabad (Employees) Voluntary Retirement Scheme 2001' (for short 'the Scheme'). 2. All the writ petitioners are questioning the proceedings of the respondent-State Bank of Hyderabad (for short 'the respondent-Bank') declining toaccept the offer of Voluntary Retirement under the Scheme on the ground that the petitioners' age is below the cut-off age as decided by the respondent-Bank. 3. Before examining the point at issue, it would be necessary and convenient to examine the scope and objects of the Scheme. The Union of India, Ministry of Finance (Banking Division) had an occasion to review the entire human resources and man power planning in Public Sector Banks and suggest remedial measures. For achieving the aforementioned objects, the Union of India constituted a Committee, headed by Mr. M. Narasimham, former Governor of Reserve Bank of In...
Radha Agencies and ors. Vs. Vijaya Bank
Court: Andhra Pradesh
Decided on: Sep-21-2001
Reported in: AIR2002AP91; [2004]121CompCas477(AP)
Bilal Nazki, J.1. The plaintiff filed a suit for a preliminary and final decree for sale of the plaint 'B' schedule mortgaged property of the defendants 2, 6 and 7 and for recovery of Rs. 4,92,387.50 ps. against the defendants. The Court passed a decree that the defendant shall pay a sum of Rs. 5,17,441.10 ps with subsequent interest on Rs. 4,92,387.50 ps @ 12% per annum from 19-1-1989, the date of the suit, till the date of realization. The Court also passed a decree that on such payment the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property and clear off the said mortgaged property from all encumbrances created by the plaintiff or any person claiming under him and deliver to the defendant peaceful possession of the said property. The Court also ordered that, in default of payment by the defendant the plaintiff may apply to the Court for a final decree for sale of the mortgaged property and on such application the property shal...
C.V.L. Narasimha Rao Vs. Principal Secretary, Medical and Health Dept. ...
Court: Andhra Pradesh
Decided on: Sep-21-2001
Reported in: 2001(6)ALT1
S.B. Sinha, C.J.1. Pitiable qonditions of the inmates of a Government Hostel for blind found placed in a Telugu Daily newspaper 'Eenadu', which was published on 25-3-2001. 'Raksha', a non-voluntary organization, sent a letter to the Chairman of the High Court Legal Services Committee, enclosing the paper clipping of the said report, stating that due to lack of safety measures in the said blind hostel a student fell from the building and died and therefore requested for intervention in the matter in the interest of justice. The said letter was taken up as public interest litigation.2. The paper report inter alia states that due to the negligence of the authorities, one student of Government hostel for Blind at Dilsukhnagar has fallen down from the Hostel Building and died. The newspaper report further discloses that the authorities have paid deaf ear to the request of the students to put grills in the open area from where the student had fallen and that despite the incident, the authori...
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