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Andhra Pradesh Court October 2014 Judgments

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Oct 16 2014

Sri P.Trivikrama Prasad, S/O.Late P.Venk Vs. Enforcement Directorate, ...

Court: Andhra Pradesh

Decided on: Oct-16-2014

THE HONBLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21124 of 2014 16-10-2014 Sri P.Trivikrama Prasad, s/o.late P.Venkateswara Rao, Aged 62 years, r/o.Plot No.27, Navodaya Colony, Banjara Hills, Hyderabad and two others Petitioners Enforcement Directorate, rep.by its Joint director, Office of the Joint Director, Hyderabad Zonal Office, 3rd Floor, Shakar Bhavan, Basheerbagh, Hyderabad and two others.. Respondents Counsel for the petitioners : Sri D.V.Sitarama Murthy, Senior Counsel for Sri P.Vikram Counsel for the Respondents:1. Sri P.S.P.Suresh Kumar, Standing Counsel for Enforcement Directorate for Respondents 1 and 2. 2) Sri B.Narayana Reddy, Assistant Solicitor General for Respondent No.3 : : ?. Cases referred:1. (1973) 3 SCC2652. (1972) 3 SCC2343. (1996) 3 SCC6904. (2010) 3 SCC7325. (2001) 8 SCC2896. (1978) 1 SCC2487. (1978) 1 SCC4058. AIR2005SC39369. AIR1961SC37210. (1980) 2 SCC59311. MANU/SC/1061/2011 12. MANU/SC/1011/2011 13. (2003) 8 SCC36114. (2008) 14 SCC18615. (2010) 4 SCC77...


Oct 15 2014

Commissioner of Income Tax, Rajahm Vs. the India Fruits Limited, Kadiy

Court: Andhra Pradesh

Decided on: Oct-15-2014

HONBLE SRI JUSTICE L. NARASIMHA REDDY AND HONBLE SRI JUSTICE CHALLA KODANDA RAM I.T.T.A No.238 OF200315-10-2014 Commissioner of Income Tax, RajahmundryAppellant The India Fruits Limited, Kadiyam ..Respondent Counsel for the Appellant: Sri S.R. Ashok, Senior Counsel Counsel for the Respondent: Ms. K. Neeraja HEAD NOTE: ?. Cases referred 1.100 ITR5982.273 ITR50HONBLE SRI JUSTICE L. NARASIMHA REDDY AND HONBLE SRI JUSTICE CHALLA KODANDA RAM I.T.T.A No.238 OF200315-10-2014 I.T.T.A No.238 OF2003JUDGMENT: (per the Hon'ble Sri Justice Challa Kodanda Ram) This appeal is filed by the Revenue, under Section 260A of the Income Tax Act, 1961 (for short, the Act) raising the following two substantial questions of law, said to be arising from the orders of the Income Tax Appellate Tribunal, Visakhapatnam (for short, the Tribunal) dated 09-10-2002 in ITA No.414/H/1994:1. Whether on the facts and in the circumstances of the case, the Appellate Tribunal is justified in holding that the amount advanced t...


Oct 15 2014

Syed Zainulla a Vs. Smt.K.Jay

Court: Andhra Pradesh

Decided on: Oct-15-2014

The Honble Sr.Justice C.V.Nagarjuna Reddy Civil Revision Petition No.299 of 2014 15-10-2014 Syed Zainulla AbedinPetitioner/plaintiff Smt.K.Jayamma Respondent/defendant Counsel for the petitioner: Mr.G.Sudheer for Mr.M.P.Chandramouli Counsel for the respondent: -- : : ?.Cases cited: The Honble Sr.Justice C.V.Nagarjuna Reddy Civil Revision Petition No.299 of 2014 Dated 15.10.2014 Order: The vexed plaintiff in OS.No.574 of 2007 has filed this Civil Revision Petition, under Article 227 of the Constitution of India, for a direction to the I Additional District and Sessions Judge, Ranga Reddy District, to dispose of the suit. This Court, considering the plea of the petitioner that written statement in the suit was filed on 27-11-2007, expressed its surprise nay anguish that issues were framed more than five years after filing of the suit. It has, accordingly, called for the proceeding sheet in the suit. After going through the proceeding sheet, I could concede that more than half of the entr...


Oct 15 2014

Sanikommu Venkateswara Vs. the Singareni Collieries Co.Ltd.,kothagu

Court: Andhra Pradesh

Decided on: Oct-15-2014

HONBLE Sr.JUSTICE R.KANTHA RAO W.P.No.8992 of 2014 15-10-2014 Sanikommu Venkateswara ReddyPetitioner The Singareni Collieries Co.Ltd.,Kothagudem, Khammam Rep.by its Managing Director and 4 others Respondents Counsel for petitioner: Sr.M.V.Raja Ram Counsel for respondents: Sr.Nandigam Krishna Rao HEAD NOTE: ?. Cases referred: (2008) 8 SCC6962 (2014) SCC4343 (2009) SCC804 1994 Supp (1) SCC1555 2007(3) JCR681Jhr 6 1992 (2) ALT198THE HON'BLE Sr.JUSTICE R.KANTHA RAO WRIT PETITION No.8992 of 2014 The Court made the following: ORDER: Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. The petitioner is a General Mazdoor in the respondent company. He submits that on being sponsored by the Employment Exchange, he was appointed as Badli Worker on 19.11.1982. In the records of the respondent company, his qualification was entered as 9th class. The Transfer Certificate issued by the Zilla Parishad Secondary School, Bayyaram, Vurgumpad Taluq...


Oct 15 2014

Commissioner of Income Tax-iii, Andhra P Vs. Singh Poultry Limited, Hy ...

Court: Andhra Pradesh

Decided on: Oct-15-2014

THE HONBLE Sr.JUSTICE L.NARASIMHA REDDY AND THE HONBLE Sr.JUSTICE CHALLA KODANDA RAM I.T.T.A.Nos.211 of 2003 and batch 15-10-2014 Commissioner of Income Tax-III, Andhra Pradesh, Hyderabad .Appellant Singh Poultry Limited, Hyderabad.Respondent Counsel for the appellant : Sr.S.R.Ashok Counsel for respondent : Sr.Y.Ratnakar HEAD NOTE: ?. Cases referred: 1. 262 ITR2782. (1948) 16 ITR325(PC) THE HONBLE Sr.JUSTICE L.NARASIMHA REDDY AND THE HONBLE Sr.JUSTICE CHALLA KODANDA RAM I.T.T.A.Nos.211 & 242 of 2003 COMMON JUDGMENT: (Per LNR,J.These two appeals are preferred by the Revenue, feeling aggrieved by the orders passed by the Hyderbad Bench of the Income Tax Appellate Tribunal in I.T.A.Nos.1951&1952/Hyd/96, referable to assessment years 1993-94 and 1994-95. The respondent is a company undertaking the business in poultry. The principal activity is said to be hatcheries. The chicks of one day old, are supplied to the owners of poultry farMs.In the returns submitted for the two assessmen...


Oct 15 2014

M.Seetha Rama R Vs. S.Venkata Ramudu and 4 O

Court: Andhra Pradesh

Decided on: Oct-15-2014

The Honble Sr.Justice C.V.Nagarjuna Reddy Civil Revision Petition No.2454 of 2014 15-10-2014 M.Seetha Rama Rao....Petitioner S.Venkata Ramudu and 4 othersRespondents Counsel for the petitioner: Mr.K.Sita Ram Counsel for the respondents:Mr.N.Aswartha Narayana HEAD NOTE: ?. Cases cited: The Honble Sr.Justice C.V.Nagarjuna Reddy Civil Revision Petition No.2454 of 2014 Dated 15.10.2014 The Court made the following: Order: This Civil Revision Petition arises out of Judgment, dated 10-03-2014, in OS.No.791 of 2001, on the file of the Court of the learned Principal Senior Civil Judges Court, Ranga Reddy District. The petitioner filed the above-mentioned suit for recovery of a sum of Rs.3,43,000/- from respondent Nos.1 to 4 on the foot of a promissory note marked as Ex.A.1. In the plaint, the petitioner specifically averred that respondent Nos.1 to 4 borrowed a sum of Rs.2 lakhs from respondent No.5 for the real estate business on 16-09-1998 and executed a promissory note in his favour by agre...


Oct 14 2014

Pentakota Radhakrish Vs. C.i.T., Visakhapatn

Court: Andhra Pradesh

Decided on: Oct-14-2014

THE HONBLE Sr.JUSTICE L.NARASIMHA REDDY AND THE HONBLE Sr.JUSTICE CHALLA KODANDA RAM R.C.No.11 of 2003 14-10-2014 Pentakota Radhakrishna....Applicant C.I.T., Visakhapatnam.Respondent !Counsel for applicant : Sr.S.R.Ashok Counsel for respondent: Sr.Y.Ratnakar HEAD NOTE: ?. Cases referred: 1. 122 ITR21S.C.) 2. 187 ITR345S.C.) 3. 195 ITR17(Bom.) 4. 195 ITR844(Karnataka THE HONBLE Sr.JUSTICE L.NARASIMHA REDDY AND THE HONBLE Sr.JUSTICE CHALLA KODANDA RAM R.C.No.11 of 2003 JUDGMENT: (Per LNR,J.This reference, at the instance of the assessee-applicant, raises certain questions of considerable importance. The applicant owned Ac.7.31 cents of land at Visakhapatnam. It was acquired by the Government, by invoking the provisions of the Land Acquisition Act (for short the Act).The Land Acquisition Officer passed an award dated 25.09.1970 determining the market value at Rs.2.87 ps. per square yard. A sum of Rs.1,02,068/- was paid on the same day and possession was taken. At the instance of the appli...


Oct 13 2014

L.N.Peta Primary Agricultural Cooperativ Vs. the Government of Andhra ...

Court: Andhra Pradesh

Decided on: Oct-13-2014

THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.26627 of 2014 13-10-2014 L.N.Peta Primary Agricultural Cooperative Society Petitioner The Government of Andhra Pradesh, rep.by its Principal Secretary, Cooperative Societies Department, Secretariat Buildings, Hyderabad and others Respondents ^Counsel for the Petitioner: Sr.V.Mallik for Sr.M.Krishna Rao !Counsel for respondent Nos.1 to 4: AGP for Cooperation Head note: ?.Cases referred: 1. AIR1952SC161) 2. 2002 Suppl.(2) ALD687(DB) THE HONBLE Sr.JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.26627 of 2014 Dated 13th October, 2014 The Court made the following: ORDER: This writ petition is filed for a mandamus to set aside proceedings in Rc.No.1007/2014-C, dated 01.07.2014, of respondent No.2, whereby he has instituted an inquiry under Section 51 of the A.P.Cooperative Societies Act, 1964 (for short the Act).I have heard Sr.V.Mallik, learned counsel, representing Sr.M.Krishna Rao, learned counsel for the petitioner; the learned Ass...


Oct 13 2014

Smt Moka Seetharatnam W/O M.Koteswara Ra Vs. the District Collector, K ...

Court: Andhra Pradesh

Decided on: Oct-13-2014

THE HONBLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.401 of 2008 13-10-2014 Smt Moka Seetharatnam W/o M.Koteswara Rao, Hindu, aged 55 years, House Wife, R/o Pulapalli (v) Palakole Mandal,West Godavari District. Petitioner The District Collector, Krishna District at Machilipatnam and another. Respondents Counsel for the Petitioner: Sri P.PRABHAKAR REDDY Counsel for the Respondent No.1: G.P. FOR LAND ACQUISITION Counsel for the Respondent Nos.2 to 4 : Sri V.HARI HARAN : ?.Cases referred: HONBLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.401 of 2008 ORDER: The impugned action in the present writ petition is a typical example of highhandedness on the part of the respondent authorities. It is the minimum expected and the sacred responsibility of the authorities to safeguard and protect the constitutional and statutory rights of the citizens, otherwise there is absolutely no meaning for our value based democratic system and the dreams of our constitutional draftsmen. The laws are made for t...


Oct 10 2014

Guniganti Ravinder R Vs. the State of A.P. Rep. by Public Prosecu

Court: Andhra Pradesh

Decided on: Oct-10-2014

HONOURABLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL REVISION CASE No.860 of 2014 10-10-2014 Guniganti Ravinder Rao ...Petitioner The State of A.P. rep. by Public Prosecutor, High Court of A.P.Hyderabad, through Station House Officer, Medchal Police Station, Cyberabad Commissionerate and another .Respondents Counsel for the Appellant:Sri T.L.Nayan Kumar Counsel for respondents:The Public Prosecutor GIST : --- HEAD NOTE: --- ?.Cases referred:2005. 8) SCC37THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.860 of 2014 ORDER: - This Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C by the petitioner-accused, having been aggrieved by the order dated 12.12.2013 in Crl.M.P.No.1024 of 2014 in C.C.No.161 of 2012 passed by the learned XV Additional Metropolitan Magistrate, Medchal, Ranga Reddy District.2. The petitioner is the accused in C.C.No.161 of 2012 on the file of the XV Metropolitan Magistrate Court, Medchal, Ranga Reddy District, for the offence punis...


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