Andhra Pradesh Court October 2010 Judgments
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Commissioner of Income Tax. Vs. M/S. Sarvaraya Textiles Ltd.
Court: Andhra Pradesh
Decided on: Oct-29-2010
ORDER: Both the Revenue and the assesses have sought a reference to this Court under Section 256(1) of the Income Tax Act, 1991. The question referred for our opinion, at the instance of the revenue, is:"Whether on the facts and circumstances of the case, i.e., assesses not having claimed investment allowance in the return, nor having created any investment allowance reserve, the I.T. Appellate Tribunal was justified in directing that the assessee should be allowed an opportunity to create such a reserve within the meaning of Explanation to Section 32A(4)?" The question referred to us for our opinion at the instance of the assessee is: "Whether on the facts and circumstances of the case, the Tribunal was right in holding that the expenditure of Rs.36,36,386/- was a capital expenditure and not in the nature of current repair, as claimed by the assessee?"QUESTION REFERRED AT THE INSTANCE OF THE ASSESSEE:- It would be convenient to first deal with the question referred for our opinion at ...
Yenugonda Bal Reddy Vs. Manemma and Three Others.
Court: Andhra Pradesh
Decided on: Oct-29-2010
ORDER: The plaintiff in O.S.No.81 of 2007 on the file of the I Additional Senior Civil Judge, (Fast Track Court), Mahabubnagar, whose application being I.A.No.1542 of 2008 filed under Order 26 Rule 9 C.P.C. for appointment of an Advocate-Commissioner to take measurements of the lands in question with reference to the revenue records and for fixing of boundary stones to the land of the plaintiff with the assistance of Mandal Surveyor for identification of property under dispute was dismissed, by the order, dated 23.11.2009, approached this Court and filed this Revision under Article 227 of the Constitution of India. Admittedly, the petitioner herein instituted the said suit alleging that there is a dispute with regard to the boundaries and the same was numbered as O.S.No.81 of 2007 and in the said suit, the petitioner also filed I.A.No.1542 of 2008 seeking appointment of an Advocate-Commissioner. It is mainly contended by learned counsel for the petitioner-plaintiff that there was a par...
K.Rama Krishna Vs. State of Andhra Pradesh, Rep.by Its Public Prosecut ...
Court: Andhra Pradesh
Decided on: Oct-28-2010
ORDER: 1) The petitioner/A-22 questions in this petition filed under Section 482 Cr.P.C proclamation dated 02.01.2010 issued by the Judicial Magistrate of the First Class, Jaggaiahpet in Form No.4 under Section 82 Cr.P.C requiring the petitioner to appear in person before the Magistrate on 07.01.2010, on the sole ground that the said notice is not in conformity with legal requirements of Section 82 Cr.P.C. For the purpose of this petition, it may not be necessary to go into complicity of A-22/the petitioner in Crime No.213 of 2009 of Penuganchiprolu Police Station of Krishna District. It is sufficient to note that it was a case which was registered for offences punishable under Section 120-B, 147, 148, 302/149 I.P.C relating to an alleged murder of one Ginjupally Veerayya who was a Congress leader and former surpanch of the village. The alleged murder is stated to have been committed at the instance of persons belonging to Telugu Desam Party and in pursuance of a conspiracy due to part...
V. Shravan Kumar Vs. Lt. Col. S.B. Sharma and 3 Others.
Court: Andhra Pradesh
Decided on: Oct-27-2010
ORDER: This writ petition is filed seeking a Certiorari to call for the records relating to the order dated 26.11.2007 in CTA.No.161 of 2004 on the file of the A.P. Co-operative Tribunal, Hyderabad and to quash the same being arbitrary and illegal. The facts, in brief, are as under: The 1st respondent herein is a member of the Army Co-operative Housing Society Limited (hereinafter referred to as 'the 2nd respondent society'). The 1st respondent, who was allotted Flat No.73 in Sector-A, AWHO Colony, Secunderabad, by the 2nd respondent society, entered into an Agreement dated 12.10.1997 to sell the said flat to the petitioner. The petitioner claims that substantial amounts were paid to the 1st respondent towards sale consideration. However as the 1st respondent did not come forward to complete the sale transaction, the petitioner raised a dispute before the 4th respondent - The Arbitrator/Divisional Co-operative Officer. By Award dated 19.5.2004 the 4th respondent directed the petitione...
S.L.Narasaiah Vs. Addl.indtrl.Tribnl.-cum-addl.Labour Court
Court: Andhra Pradesh
Decided on: Oct-26-2010
ORDER: The petitioner is employed as Conductor in the Rajendranagar depot of Andhra Pradesh State Road Transport Corporation. While he was conducting an urban service on 23.11.2005 on route No.95P, check was effected. Alleging that the petitioner collected fare of Rs.16/- from a batch of four passengers and did not issue tickets till they alighted the bus, a charge sheet was issued and other related charges were also mentioned. The petitioner submitted his explanation. Not satisfied with that, the 2nd respondent appointed an inquiry officer. A report dated 24.05.2006 was filed by the inquiry officer, holding that the charges framed against the petitioner were proved. A second show cause notice dated 26.07.2006 was issued to the petitioner and after receiving the explanation dated 14.08.2006 submitted by the petitioner, the 2nd respondent passed an order dated 29.08.2006 directing removal of the petitioner from service. The petitioner availed the departmental remedies of appeal and revi...
Mohammed Sujath Ali Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-25-2010
: This Criminal Appeal is directed against the judgment dated 26.9.2001 passed in Calender Case No.3 of 1998 on the file of the Principal Special Judge for SPE & ACB Cases, at Hyderabad, whereby and whereunder, the learned Special Judge found A-1-Mohd. Sujat Ali guilty for the offences under Sections 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 and convicted him accordingly and sentenced him to suffer Rigorous Imprisonment for a period of one year and fine of Rs.250/- in default to suffer R.I for three months for the offence under Section 7 of the P.C.Act and Rigorous Imprisonment for a period of one year and fine of Rs.250/- in default to suffer R.I for three months for the offence under Section 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988. Both the substantive sentences have been directed to run concurrently. 2. The prosecution case, in brief, is:- A-1-Mohd. Sujat Ali was Superintendent in the office of Divisional Forest Office, Medak and w...
T. Santosh Reddy Vs. the Osmania University
Court: Andhra Pradesh
Decided on: Oct-25-2010
ORDER: This writ petition has been instituted by a student, who was pursuing his III Year B.E. Course, with the 2nd respondent College of Engineering and Technology, calling in question the order passed on 31-10-2009, by the said 2nd respondent, detaining him among other students due to shortage of attendance during the First Semester of the III Year Course during the academic year 2009-10. There is no dispute that the writ petitioner was prosecuting III Year B.E. Course in the 2nd respondent College, which is affiliated to the 1st respondent University. According to him, during the currency of the First Semester of the III Year, he has participated in the International Knowledge Carnival GRAVITAS "09" held between 11th and 13th September 2009, at Vellore Technical University, Vellore, Tamil Nadu. He has participated in the said International Knowledge Carnival and thereafter, he has also participated at a National Level Technical Symposium held between 22nd and 23rd October 2009, at P...
itc Limited Vs. the Secretary, Grade-i,
Court: Andhra Pradesh
Decided on: Oct-22-2010
: The main question that arises for consideration in this Writ Petition is whether at the relevant time the petitioner was liable to pay market fees on sale of tobacco within the market area of the respondent-Agricultural Market Committee? The incidental issue thereto is whether the Judicial First Class Magistrate, Jangareddigudem, West Godavari, District shall be prohibited from trying S.T.C.No.6/2006. The relevant facts for adjudication of these questions are briefly stated hereunder: The petitioner is a Company incorporated under the provisions of the Companies Act 1956, engaged in the business of manufacture of cigarettes, buying, processing and selling/exporting of tobacco. While its registered office is in Kolkata, the petitioner has its Divisional Headquarters at Guntur in the State of Andhra Pradesh. The main activity of the Division, which is called Indian Leaf Tobacco Development Division (ILTD), is to procure/buy/process/sell and export tobacco in various states in the count...
Mudavathu Nagaraju and Another Vs. the Governmentof Andhra Pradesh and ...
Court: Andhra Pradesh
Decided on: Oct-22-2010
ORDER: This writ petition is filed seeking issuance of writ of mandamus declaring the Statute 13(3) framed under Rajiv Gandhi University of Knowledge Technologies Act, 2008 as illegal, arbitrary and unconstitutional as violative of Article 371(D) of the Constitution of India read with the provisions of A.P. Educational Institutions (Regulations of Admissions) Order 1974 and to strike down the same. The case of the petitioners which is set out in the affidavit filed in support of the writ petition is like this: The Statute 13(3) framed under Rajive Gandhi University of Knowledge Technologies Act, 2008 provided reservation policy for admission into six years course of Engineering provided at Idupulapaya, Kadapa District, Nuzividu, Kishna District and Basara in Adilabad District. Under the statute, the rural unit of mandal is considered as the local unit for reservation in respect of a local candidate. The second petitioner has passed SSC with 503 marks out of 600 in Gampalagudem Zilla Pa...
D. Ahmed Ali Khan, S/O. D. Maddu Khan Vs. D. Iqbal Ahmed Khan and Thre ...
Court: Andhra Pradesh
Decided on: Oct-22-2010
: The plaintiff in O.S.No.31 of 1985 before the Subordinate Judge. Kadapa, is the appellant herein, who has succeeded before the trial Court but is aggrieved by the dismissal of the suit by the lower appellate Court under its judgment and decree in A.S.No.54 of 1997 dated 08.01.1999. 2. For the sake of convenience, the appellant/plaintiff and the respondents 1 and 2, who are the contesting defendants 1 and 2, are referred to herein by their same status as before the trial Court. 3. Briefly the plaint allegations are as follows: (a) The mother of the plaintiff had borrowed a sum of Rs.5,000/- from the sister of defendants 1 and 2 under Ex.A1 - simple mortgage deed dated 13.03.1967. The plaintiff had also borrowed a sum of Rs.4,000/- under Ex.A2 - promissory note dated 21.06.1973 from the mother of the defendants 1 and 2. In order to discharge the aforesaid debts, the plaintiff had executed a sale deed - Ex.B6 dated 31.05.1977 in favour of defendants 1 and 2 relating to the plaintiff's ...
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