Andhra Pradesh Court November 2007 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
The Commissioner of Income-tax Vs. V.K. Ferro Alloys Industries (P) Lt ...
Court: Andhra Pradesh
Decided on: Nov-23-2007
Reported in: (2008)214CTR(AP)28; [2008]299ITR191(AP)
ORDERRamesh Ranganathan, J.1. The Income Tax Appellate Tribunal, Hyderabad Bench, by its order dated 23.01.1995, referred the following question, which according to it covered the controversy raised in the four questions proposed by the Revenue, for the opinion of this Court under Section 256(1) of the Income Tax Act:Whether on the facts and circumstances of the case, the Tribunal, is right in holding that the extended limit as provided under Section 153(1)(b) of the Income Tax Act, 1961 is not available in this case.2. The assessee is a company carrying on business in trading of steel bars and hiring of cylinders etc. On 24.02.1987, a search was conducted under Section 132 of the Income Tax Act, both in its business premises and the residential premises of its directors. According to the department, valuable incriminating material was found including introduction of certain bogus credits by the assessee. The jurisdiction over the assessee's case was originally with the Income Tax Offi...
Subbaiah Chetty Vs. the Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Nov-23-2007
Reported in: (2009)20VST522(AP)
ORDERBilal Nazki, J.1. The petitioner was assessed for sales tax on Palmolive oil from 01.04.1994 to 15.08.1994. Tax was levied at the rate of 8% by treating that Palmolive oil fell under First Schedule of the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the Act') on a premise that the oil was purchased from outside the State and sold within the State of Andhra Pradesh. The tax was levied at the rate of 2% from 16.04.1995 to 31.03.1996. Questioning the assessment order and levy of tax at the rate of 8% from 01.04.1995 to 15.08.1995, an appeal was filed before the appellate authority. The appellate authority, on the basis of a judgment of Supreme Court in Anand Commercial Agencies v. Commercial Tax Officer 25 APSTJ 254, allowed the appeal, directing the assessing authority to levy tax at the rate of 2%. The revisional authority, Hyderabad revised the orders of both the assessing authority and the appellate authority on the assumption that both the orders were prejudicial to th...
Jumbarthi Kasim @ Kashiram S/O. Ashalu Vs. Bommidi Jagannatham S/O. Na ...
Court: Andhra Pradesh
Decided on: Nov-23-2007
Reported in: 2008(2)ALD287; 2008(2)ALT22
ORDERL. Narasimha Reddy, J.1. The 1st respondent filed Election O.P. No. 1 of 2006 before the Court of Junior Civil Judge, at Metpalli, challenging the election of the petitioner, as Sarpanch of Gram Panchayat, Ramalachakkapet Village. Notices were ordered and on receipt of notice, the petitioner filed I.A. No. 5 of 2007, under Order VI, Rule 15 read with Order VII Rule 11 of C.P.C. In the affidavit, filed in support of the I.A., the petitioner stated that the 1stst respondent was under obligation to file an affidavit, as required under proviso to Section 26, read with Rule 15(4) of Order VI C.P.C. and since the requirement was not complied with, the O.P. is liable to be rejected. The 1st respondent opposed the I.A., by filing a counter-affidavit. Through its order dated 16-03-2007, the trial Court dismissed the I.A. Hence, this C.R.P.2. Sri P.V. Narayana Rao, learned Counsel for the petitioner, submits that the Parliament had caused extensive amendments to C.P.C. through Acts 46 of 19...
Commissioner of Income-tax Vs. A. Raajendra Prasad
Court: Andhra Pradesh
Decided on: Nov-23-2007
Reported in: (2008)215CTR(AP)511; [2008]299ITR227(AP)
Bilal Nazki, Actg. C.J.1. This batch of appeals raise the same questions of law and fact and are being disposed of by this common judgment.2. These appeals relate to the interpretation and enforceability of the instructions issued by the Central Board of Direct Taxes (for short 'the Board') and the instructions which are the subject-matter of these appeals were first issued on March 27, 2000, being Instruction No. 1979 and, thereafter, they were updated and the instructions were issued on June 29, 2000, being Instruction No. 1985 and the latest for the purposes of the present cases are Instruction No. 2 of 2005 issued on October 24, 2005.3. The contention of Mr. N.R. Siva Swamy, learned Counsel for the respondents, is that these instructions are enforceable by courts of law and if courts of law do not enforce them, then the instructions would become redundant and the Department can use the instructions with arbitrariness, holding in some cases that appeals should be filed and holding i...
Veesam Mohan Reddy Vs. Rebba Pedda Agaiah
Court: Andhra Pradesh
Decided on: Nov-23-2007
Reported in: 2008(2)ALD304; 2008(2)ALT329
ORDERG. Rohini, J.1. This civil revision petition is directed against the order dated 20.4.2007 in E.A. No. 653 of 2006 in E.P. No. 326 of 2005 in O.S. No. 494 of 2002, on the file of the Court of II Additional Junior Civil Judge, Warangal.2. The revision petitioner is the judgment-debtor No. 1, who suffered a decree for perpetual injunction in O.S. No. 494 of 2002 in respect of suit schedule property. The 1st respondent/decree-holder filed E.P. No. 326 of 2005 under Order 21 Rule 32 of Code of Civil Procedure, to commit the judgment-debtor to civil prison for a period of one month, alleging that the judgment-debtor prevented him from cultivating the land in violation of the decree granted in O.S. No. 494 of 2002.The revision petitioner/judgment-debtor filed a counter denying the alleged interference with the possession of the decree-holder and stating that, as a matter of fact, there was no land in existence as described in the suit schedule. It was also alleged that under the guise o...
United India Insurance Co. Ltd. Vs. Koduru Bhagyamma and ors.
Court: Andhra Pradesh
Decided on: Nov-23-2007
Reported in: 2009ACJ514
Bilal Nazki, Actg. C.J.1. This case has come before this Court on a reference made by a learned single Judge of this Court as it was contended before the learned single Judge by the appellant that as the trailer in which the deceased was travelling was not insured, although it was attached to the tractor which was insured, therefore, no liability could be fastened upon the insurer.2. The appeal arises out of the award granting compensation of Rs. 4,00,000 to the legal representatives of the deceased who died in a motor accident.3. Appellant placed reliance on judgments of this Court in Oriental Insurance Co. Ltd. v. Janarasupalli Kotiratnamma and Oriental Insurance Co. Ltd. v. Laxmanna : 2004(4)ALD732 . The respondents-claimants placed reliance on a judgment of this Court in New India Assurance Co. Ltd. v. Mamidi Mallamma : 2001(4)ALD8 , which according to the respondents, lays down that if one among the tractor and trailer is insured, the liability can be fastened upon the insurer. Al...
Mohan Enterprises Rep. by Its Managing Partner Mr. Peetani Sambaiah Vs ...
Court: Andhra Pradesh
Decided on: Nov-22-2007
Reported in: I(2008)BC476
ORDERP.S. Narayana, J.1. This Court issued Rule nisi on 19.06.2007.2. Respondent filed the counter affidavit.3. Heard Sri S.R.Sanku, the learned Counsel representing the writ petitioner and Sri Ch.Siva Reddy, the learned Counsel representing the respondent.4. M/s.Mohan Enterprises represented by its Managing Partner filed the present writ petition as against the respondent-Andhra Bank, Narsapur Branch, Narsapur represented by its Branch Manager for a Writ of Mandamus declaring the action of the respondent bank in not returning its title deeds/documents furnished by the petitioner as security in respect of the open cash credit account, despite it's settlement and the satisfaction of the bank, as illegal and arbitrary, and consequently to direct the respondent-bank to forthwith return to the petitioner all its title deeds/documents furnished by the petitioner as security in respect of the said open cash credit account.5. Sri S.R.Sanku, the learned Counsel representing the petitioner had ...
D. Narasimha Reddy Vs. Union of India (Uoi), Rep. by Chief Administrat ...
Court: Andhra Pradesh
Decided on: Nov-22-2007
Reported in: 2008(2)ALD769; 2008(1)ALT505
Ghulam Mohammed, J.1. This appeal is directed against the order dated 8-11-2001 in O.P. No.30 of 1996 before III Senior Civil Judge, City Civil Court, Secunderabad, filed under Sections 30, 33, 15, 17 and 29 of the Arbitration Act, 1940.2. Heard learned Counsel for the parties and perused the record.It is brought to our notice that common order was passed by the court below in O.P. Nos. 30 and 17 of 1996. As against the dismissal of O.P. No.17 of 1996 as infructuous, CMA No. 3148 of 2004 was preferred by the appellant herein and that appeal was also dismissed on 16-8-2004.3. A perusal of the record shows that the appellant herein is the contractor and the first respondent-Railways awarded the contract of conversion of metre gauge to broad gauge to the contractor. It appears that certain disputes had arisen between the parties and as per the terms of contract, the parties have agreed to adjudicate and resolve the disputes by the Arbitrators. Subsequently, both the parties have submitted...
K. Amarnath S/O. Gandaiah Vs. State of A.P. Rep. by Public Prosecutor, ...
Court: Andhra Pradesh
Decided on: Nov-22-2007
Reported in: 2008(1)ALD(Cri)429; 2008(1)ALT(Cri)244
Gopala Krishna Tamada, J.1. The appellant-accused was tried in S.C. No. 143 of 2004 on the file of the Court of the Special Judge for trial of offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act-cum-VI Additional Metropolitan Sessions Judge-cum-XX Additional Chief Judge, Hyderabad, at Secunderabad, for the offences punishable under Sections 498A, 304B and 306 of the Indian Penal Code, 1860 (IPC), and ultimately, the trial Court while acquitting him of the offence punishable under Section 304B IPC, convicted him for the offences punishable under Sections 498A and 306 IPC. Questioning the said conviction, the appellant-accused filed this appeal.2. The case of the prosecution, in brief, is that the appellant married the deceased on 17.11.2000 and at the time of marriage an amount of Rs. 40,000/- was paid by way of cash, ten tulas of gold jewellary, one hero Honda motorcycle and other household articles were given to the appellant towards dowry. After marria...
T. Laxmi Narasamma W/O. Sathaiah Vs. Govt. of A.P. Rep. by Its Deputy ...
Court: Andhra Pradesh
Decided on: Nov-21-2007
Reported in: 2008(3)ALD410; 2008(4)ALT163
ORDERC.Y. Somayajulu, J.1. Questioning the proceedings No. TWA4/340/98 dated 28.4.1999 issued by the 2nd respondent, directing the petitioner to repay a sum of Rs. 1,60,000/-, petitioner filed this writ petition.2. The case in brief of the petitioner is that she is the owner of the lands bearing Sy. Nos. 1/1, 3, 18/1, 8, 12/19 admeasuring Ac.7.35 cents, Ac. 6.68 cents, Ac. 2.68 cents, Ac. 6.30 cents and Ac. 18.00 respectively, and that she gave her consent, when the respondents sought for her willingness to acquire Ac. 18.00 belonging to her for public purpose, if Rs. 10,000/- per acre and the value of the irrigation well, standing mango and other fruit bearing tree's is given to her, but the respondents agreed to pay @ Rs. 5,000/- per acre, for which she accepted. In respect of the fruit bearing trees and the irrigation well in that land, respondents stated that they would pay the value after obtaining a technical appraisal report. As per the appraisal report from the Horticulture dep...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- 8
- 9
- 10
- Next ›
- Last »