Andhra Pradesh Court September 2001 Judgments
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B. Shivacharan Singh Vs. Shriram Chits Ltd., Warangal and ors.
Court: Andhra Pradesh
Decided on: Sep-11-2001
Reported in: 2001(6)ALD73; 2001(6)ALT159
ORDER1. This CRP is filed against the order dated 1-8-2001 made in IA No.793 of 2001 in OS No.249 of 2000 by the 2nd defendant in the suit and the 2nd respondent in IA No.793 of 2001 on the file of the Principal Senior Civil Judge, Warangal.2. The 1st respondent herein is the plaintiff in the said suit. The plaintiff filed the suit against the 1st defendant, who isthe subscriber of a chit and successful bidder and defendants 2 to 4 are guarantors for payment of the chit amount lifted by the 1st defendant. Subsequent to the filing of the suit, the plaintiff filed IA No.793 of 2001 under Order 38, Rule 5 CPC to pass prohibitory order directing respondents 5 and 6, who are the employers of the 2nd defendant, to withhold the amount of Rs.2,50,000/- from out of the service benefits payable to the 2nd defendant and deposit the same to the credit of the above suit. The said application filed by the petitioner-plaintiff is allowed by the order dated 1-8-2001, against which, the 2nd respondent-...
K. Venkateswarlu and Others Vs. Pedda Venkaiah (Died) Per Lrs.
Court: Andhra Pradesh
Decided on: Sep-11-2001
Reported in: 2001(5)ALD845; 2001(5)ALT473
S.B. Sinha, CJ 1. Whether theprohibition contained in Section 4 of the A.P. Vacant Lands in Urban Areas (Prohibition of Alienation) Act, 1972 (hereinafter referred to as the 'said Act' for the sake of brevity) would apply to an agreement for sale is the question involved in this reference.FACTS:2. The defendant is the appellant. The plaintiff-respondent filed a suit for specific performance of contract in respect of an agreement for sale dated 9-7-1973. A defence was taken by the appellant herein to the effect that the said agreement is void as the same being hit by Section 4 of the said Act.3. Admittedly the land in question is a vacant land. It measures about 30 cents (equivalent to 1497 sq. mt).4. The said Act was enacted pending enactment of Urban Land (Ceiling and Regulation) Act, 1976, which came into force on 5-6-1972. By reason of G.O. Ms. No. 369, Revenue (G), dated 26th March, 1976, the said Act was, however, repealed by Act No. 13 of 1976. Admittedly, the Urban Land (Ceiling...
Commissioner of Income-tax Vs. Nizam Sugar Factory Ltd.
Court: Andhra Pradesh
Decided on: Sep-11-2001
Reported in: [2002]253ITR68(AP); [2002]120TAXMAN378(AP)
S. Ananda Reddy, J.1. R. C. No. 256 of 1991 : At the instance of the Revenue, the Income-tax Appellate Tribunal, Hyderabad Bench-A, Hyderabad, referred the following questions under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred as 'the Act'), arising out of its order dated February 27, 1982, in I. T. A. Nos. 243 and 433 of 1981 and 1333 and 1334 of 1981 for the assessment years 1977-78, 1973-74 and 1976-77 :'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in allowing the deduction of Rs. 5,38,962 for the assessment year 1977-78, Rs. 26,238 for the assessment year 1973-74 and Rs. 1,05,241 for the assessment year 1976-77 representing the amount utilised for the creation of the molasses storage fund ?2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in allowing the deduction of a sum of Rs. 13,670 and Rs. 4,401 towards interest credited to the molasses fund account for the as...
Cit Vs. Nizam Sugar Factory Ltd
Court: Andhra Pradesh
Decided on: Sep-11-2001
Reported in: (2002)173CTR(AP)136; [2001]253ITR68(AP)
S. Ananda Reddy, J. R. C. No. 256 of 1991 :At the instance of the revenue, the Income Tax Appellate Tribunal, Hyderabad Bench-A, Hyderabad, referred the following questions under section 256(2) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') arising out of its order dated 27-2-1982, in I.T.A. Nos. 243 and 433 of 1981 and 1333 and 1334 of 1981 for the assessment years 1977-78. 1973-74 and 1976-77 :'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in allowing the deduction of Rs. 5,38,962 for the assessment year 1977-78, Rs. 26,238 for the assessment year 1973-74 and Rs. 1,05,241 for the assessment year 1976-77 representing the amount utilised for the creation of the molasses storage fund ?2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in allowing the deduction of a sum of Rs. 13,670 and Rs. 4,401 towards interest credited to the molasses fund account for the assessment ye...
K. Manmadha Rao Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Sep-10-2001
Reported in: 2001(6)ALD294
V.V.S. Rao, J.1. The third respondent herein challenged the order dt.30.4.1994 issued by the second respondent herein promoting the petitioner herein as Deputy Executive Engineer (DEE) in A.P. Public Health Engineering Service. The third respondent also challenged the final seniority list dt.2.2.1994 of the Assistant Engineers (Public Health) in Zone-IV. The Administrative Tribunal by the impugned judgment dt.17.5.2000 allowed the originalapplication. Hence, the petitioner is before this Court seeking judicial review of the impugned judgment in O.A.No.2341 of 1994 dt. 17.5.2000.2. The petitioner appeared for limited recruitment selection examination for Scheduled Castes (SC) conducted by A.P. Public Service Commission in the year 1978 for the post of Assistant Engineer in Public Health Department. He was selected. The Service Commission by letter dt.2.9.1978 informed the second respondent on 20.9.1978 that the petitioner was allotted to Public Health Department. However, the petitioner...
Bokkam Ramam Vs. District Collector, Visakhapatnam District, Visakhapa ...
Court: Andhra Pradesh
Decided on: Sep-10-2001
Reported in: 2001(6)ALD691
S.B. Sinha, C.J.1. This writ appeal is directed against the order dated 16-7-2001 passed in WP No. 4824 of 1995 by the learned single Judge in dismissing the writ petition filed seeking to quash the impugned order RC No. 9934/1992/TW, dated 25-2-1995, whereunder the social status certificate issued in favour of the appellant herein as Scheduled Tribe has been cancelled by the 1st respondent.2. Learned Counsel for the appellant would contend that though the social status certificate was issued prior to the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short, 'the Act') coming into force, as per Section 21 of the Act, any certificate issued prior to the Act coming into force is deemed to have been issued under the provisions of the Act, as such the procedure contemplated under the Act has to be followed for cancellation of the certificate. It appears the Act came into force with effect from 16-5-1997 ...
Shakthi Seeds Pvt. Ltd. Vs. Deputy Commissioner (Ct), Abids Division a ...
Court: Andhra Pradesh
Decided on: Sep-10-2001
Reported in: [2002]125STC387(AP)
ORDERS.R. Nayak, J.1. This T.R.C. is directed against the order of the Sales Tax Appellate Tribunal, A.P. Hyderabad made in T.A. No. 91/96, dated 13.3.2000.2. M/s. Shakthi Seeds (P) Ltd., the petitioner herein is a private limited company and they are dealers in agricultural seeds, chillies, paddy, sun-flower and other crops. The petitioner has been an assessee and a registered dealer under the Andhra Pradesh General Sales Tax Act, 1956, for short `the APGST Act'. The Commercial Tax Officer, Hyderguda Circle, Hyderabad, framed final assessment orders in respect of the turnovers for the assessment year 1992-93 granting benefit of G.O.Ms.No.604, Rev (S), dated 9.4.1981 and G.O.Ms.No.129 Rev (CT II), dated 14.2.1989. However, the Deputy Commissioner (CT), Abids Division, Hyderabad, the 1st respondent herein, on scrutiny of the assessment finalized by the Commercial Tax Officer vide his proceedings dated 16.12.1993 noticed that the petitioner-dealers after purchasing chillies, paddy and su...
Nalleti Eswara Rao Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Sep-10-2001
Reported in: 2002(1)ALT(Cri)107; 2002CriLJ1649
V. Eswaraiah, J.1. This criminal appeal is filed against the Judgment dated 9-4-1996 made in SC No. 721 of 1993 on the file of the IIIrd Additional Sessions Judge, Guntur in convicting A-2 (appellant herein) under Sections 304, Part II and 324, I.P.C. and sentencing him to suffer R.I. for 5 years and R.I. for 3 months for the offences punishable under Sections 304, Part II and 324, I.P.C. respectively. Both the sentences were directed to run concurrently.2. Originally, two accused were charge-sheeted. The 1st accused, the father-in-law of the 2nd accused, was acquitted.3. A-1 has lands abutting the lands of the deceased and P.Ws. 1 and 2. P.W. 1 is the brother of the deceased. P.W. 2 is the mother of the deceased. The deceased is the resident of Mandadam village.4. The facts in brief are that on 12-5-1993 morning, A-1 ploughed some extent of land belonging to the deceased and P.W. 1, which is abutting the land of A-1, by engaging a tractor belonging to P.W. 3, for which, the deceased t...
L. Raghuraman Vs. State Transport Appellate Tribunal, A.P., Hyd. and O ...
Court: Andhra Pradesh
Decided on: Sep-07-2001
Reported in: II(2002)ACC130; 2001(5)ALD711; 2001(5)ALT487
S.B. Sinha, C.J. 1. Noticing a conflict in the decisions of the Supreme Court in KSRT Corporation, Bangalore v. B.A. Jayaram, : [1984]2SCR768 , and Pandiyan Roadways Corporation Limited v. Thiru M.A. Egappan, : [1987]2SCR391 , MN. Rao, J., (as the learned Chief Justice then was) has referred the matter to a Division Bench or a Full Bench.Facts :2. The petitioner is permit holder of an inter-State route from Aragonda to Vellore via Chittoor. Some inter-State routes were nationalised in the year 1976 in relation whereto the approved scheme was published in the gazette on 7-12-1976. Admittedly, there has been a partial overlap in the said route on the sector Andalur to Chittoor. The existing inter-State operators have been exempted from the operation of the said scheme.3. In terms of the said inter-State agreement the maximum number of vehiclesthat could be plied are two with 12 singles. The petitioner had one vehicle plying six singles.4. Purported to be in terms of Section 57(8) of the ...
K. Raghuram Babu Vs. Director General of Railway Protection Force, New ... Overruled
Court: Andhra Pradesh
Decided on: Sep-07-2001
Reported in: 2001(6)ALD18; 2001(5)ALT543
S.B. Sinha, C.J. 1. Constitutionality of Rule 153(8) of the Railway Protection Force Rules, 1987 (hereinafter referred to as 'the Rules') is in question in this appeal. 2. The appellant herein who was appointed as Sub-Inspector in the Railway Protection Force and subsequently was promoted as Inspector, was placed under suspension on 18-9-1995 on the allegation that he made excess delivery of scrapworth about Rs.10,000/-. A departmental proceeding has been initiated against him wherein he seeks to engage a friend to defend his case. 3. The Parliament enacted the Railway Protection Force Act, 1957 (hereinafter referred to as 'the Act') to provide for the constitution and regulation of an armed force of the Union for the better protection and security of railway property and for matters connected therewith. Section 21 of the said Act provides for the rule making power inter alia for regulating the punishments and prescribing authorities to whom appeal shall be preferred from orders of pun...
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