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Andhra Pradesh Court December 2014 Judgments

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Dec 11 2014

Smt. Arati Jad Vs. Government of andrha Pradesh Rep., by It

Court: Andhra Pradesh

Decided on: Dec-11-2014

THE HON'BLE Sr.JUSTICE R.KANTHA RAO WRIT PETITION No.11203 of 2014 11-12-2014 Smt. Arati Jadhav .Petitioner Government of Andrha Pradesh rep., by its Principal Secretary, High Education Department,Secretariat Building, Hyderabad and others...Respondents Counsel for the Petitioner: Sr.T.Vinod Kumar Counsel for Respondents: Government Pleader for Higher Education, Sr.Deepak Bhattarcharjee : ?. Cases referred: HONBLE Sr.JUSTICE R.KANTHA RAO W.P.No.11203 of 2014 ORDER This writ petition is filed seeking to declare the action of the respondents in cancelling one post reserved for BC-B (W) category out of total eight posts to be appointed as Assistant Professors in Commerce in the second respondent-University, as arbitrary and illegal and consequently to direct the respondents to adhere to the recommendations of the Selection Committee in respect of Direct Recruitment of Teachers UGC RSP2006 pursuant to Advertisement No.1/2009, dated 20.02.2009, Re-notification dated 17.06.2010, Advertisemen...


Dec 11 2014

J.Devender Vs. Kakatiya University,rep. by Its Registra

Court: Andhra Pradesh

Decided on: Dec-11-2014

The Honble Sr.Justice C.V.Nagarjuna Reddy Writ Petition No.36008 of 2014 11-12-2014 J.Devender ReddyPetitioner Kakatiya University,rep. by its Registrar,Kakatiya University Campus,Vidyaranyapuri, Hanmakonda,Warangal and anotherRespondents Counsel for the petitioner: Mr.V.Narasimha Goud Counsel for the respondents: Mr.Dishit Bhattacharjee for Mr.Deepak Bhattacharjee, SC for University ?. Cases cited: Nil The Honble Sr.Justice C.V.Nagarjuna Reddy Writ Petition No.36008 of 2014 Dated 11.12.2014 The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the inaction of the respondents in arranging payment to the petitioner towards the works executed by him under agreements, dated 25-04-2005 and 09-01-2009, as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to pay the amount due to him for the contract works along with interest @ 12% p.a., from the due date. I have heard Mr.V.Narasimha Goud, learned Counsel for th...


Dec 10 2014

Late Sri G.Nageswara Rao Rep.By Sri G.Mo Vs. The Commissioner of Incom ...

Court: Andhra Pradesh

Decided on: Dec-10-2014

THE HONBLE Sr.JUSTICE L.NARASIMHA REDDY and THE HONBLE Sr.JUSTICE CHALLA KODANDA RAM I.T.T.A.No.97 of 2004 10-12-2014 Late Sr.G.Nageswara Rao Rep.by Sr.G.Mohan Rao...APPELLANT The Commissioner of Income Tax....RESPONDENT COUNSEL FOR THE APPELLANT:- Smt.K.Neeraja COUNSEL FOR RESPONDENT:- Sr.J.V.Prasad ?. Cases Referred: THE HONBLE Sr.JUSTICE L.NARASIMHA REDDY AND THE HONBLE Sr.JUSTICE CHALLA KODANDA RAM I.T.T.A.No.97 of 2004 JUDGMENT: (per the Honble Sr.Justice L.Narasimha Reddy) This appeal is referable to an assessee by name, late Sr.G.Nageswara Rao. During the pendency of the proceedings, he died and his son is brought on record. The appeal arises out of an order, dated 19.02.2004, passed by the Visakhapatnam Bench of the Income Tax Appellate Tribunal in IT (SS) A.No.7/V/99. The brief facts pertaining to the case are as under: The appellant was having income from house property, agriculture as well as transport business. Whenever his income exceeded the taxable limits, he filed retur...


Dec 10 2014

M/S. Rani-Satya Sai (Jv) Flat No.203, Na Vs. State of andhra Pradesh,r ...

Court: Andhra Pradesh

Decided on: Dec-10-2014

HON'BLE Sr.JUSTICE C.V.NAGARJUNA REDDY W.P.No.25766 of 2014 10-12-2014 M/S.Rani-Satya Sai (JV) Flat No.203, Navketan complex,62, Sarojini Road, Secunderabad Represented by its Power of Attorney holder and Authorised SignatoryMr.Galla Sree Hari.Petitioner State of Andhra Pradesh,Represented by its Principal Secretary (Irrigation).Secretariat, Hyderabad. Counsel for petitioner: Mr.S.Rajan Counsel for respondents: Government Pleader for Irrigatin & CAD ?. CASES REFERRED: HON'BLE Sr.JUSTICE C.V.NAGARJUNA REDDY W.P.No.25766 of 2014 Date : 10-12-2014 The Court made the following : ORDER: This Writ Petition is filed for a mandamus to declare the action of the respondents in coercing the petitioner to furnish a no claim undertaking for closing the contract besides not returning the performance bank guarantee as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents not to coerce it to furnish the no claim undertaking and to direct the respondents to relea...


Dec 10 2014

Commissioner of Income Tax-6,hyderabad Vs. Dr. Jeehangir M. Jehangir,h ...

Court: Andhra Pradesh

Decided on: Dec-10-2014

THE HONOURABLE Sr.JUSTICE L. NARASIMHA REDDY and THE HONOURABLE Sr.JUSTICE CHALLA KODANDA RAM I.T.T.A.No.96 of 2002 10-12-2014 Commissioner of Income Tax-6,Hyderabad..Petitioner Dr. Jeehangir M. Jehangir,hyderabad..Respondent Counsel for the Appellant: Sr.S.R.Ashok, Senior S.C for Income TAx Counsel for Respondent: Sr.P. Murali Krishna : ?. Cases referred: THE HONBLE Sr.JUSTICE L.NARASIMHA REDDY AND THE HONBLE Sr.JUSTICE CHALLA KODANDA RAM I.T.T.A.No.96 of 2004 JUDGMENT: (per the Honble Sr.Justice L.Narasimha Reddy) The Revenue preferred this appeal feeling aggrieved by the order dated 26.02.2004 passed by the Hyderabad Bench B of the Income Tax Appellate Tribunal (for short the Tribunal) in I.T.A.No.443/Hyd/1999. The respondent is an NRI. He inherited 1/4th share in an item of immovable property. He sold his share in the financial year 1994-95. In the returns filed by him under the Income Tax Act, 1961 (for short the Act) for the Assessment Year 1995-96, he has shown the income in the...


Dec 09 2014

Madapuram Maddileti Naidu and Vs. State of andhra Pradesh Represented ...

Court: Andhra Pradesh

Decided on: Dec-09-2014

HONBLE SRI JUSTICE B. CHANDRA KUMAR CRP.NOs. 4578 of 2014 and batch 09-12-2014 Madapuram Maddileti Naidu & Ors. Petitioners/Accused State of Andhra Pradesh Represented by its Public Prosecutor High Court of Judicature for the State of Telangana & A.P.Hyderabad & Ors. Respondents- Respondents Counsel for the petitioners:Sri N. Naveen Kumar Counsel for the respondents:Public Prosecutor R-1 dismissed for default vide CO. dt.3/1/12 : >Head Note : ?. CITATIONS : HONOURABLE SRI JUSTICE B. CHANDRA KUMAR CRP.NOs. 4578 AND4579OF2014The court made the following : [Common Order follows]. HONOURABLE SRI JUSTICE B. CHANDRA KUMAR CRP.NOs. 4578 AND4579OF2014COMMON ORDER : These CRPs are filed challenging the procedure adopted by II- Additional Sessions Judge, Kurnool at Adoni in continuing to hear and conduct SC.No.63 of 2009 despite the orders passed by Sessions Judge, Kurnool on 28/10/2014, withdrawing SC.No.537 of 2008 from the file of Assistant Sessions Judge, Adoni and directing to try the same ...


Dec 09 2014

M/S. Ana Labs, Hyderaba Vs. The Deputy Commissioner of Income

Court: Andhra Pradesh

Decided on: Dec-09-2014

THE HONBLE Sr.JUSTICE L.NARASIMHA REDDY and THE HONBLE Sr.JUSTICE CHALLA KODANDA RAM I.T.T.A.No.76 of 2004 09-12-2014 M/S.Ana Labs, Hyderabad...APPELLANT The Deputy Commissioner of Income Tax...RESPONDENT COUNSEL FOR THE APPELLANT :- Sr.A.V.Krishna Kaundinya COUNSEL FOR RESPONDENT:- Sr.S.R.Ashok ?.Cases Referred: THE HONBLE Sr.JUSTICE L.NARASIMHA REDDY AND THE HONBLE Sr.JUSTICE CHALLA KODANDA RAM I.T.T.A.No.76 of 2004 JUDGMENT: (per the Honble Sr.Justice L.Narasimha Reddy) This appeal is filed by the Assessee feeling aggrieved by the order, dated 31.10.2003, passed by the Hyderabad Bench A of the Income Tax Appellate Tribunal in IT(SS).No.74/Hyd/2002. The appellant is a partnership firm. It was undertaking the activity of analyzing chemical compounds and pollutants. The firm is part of group of establishments, by name Bhagavati Ana Labs Limited. A search was conducted in the parent organization on 30.07.1998. On the basis of that, a show cause notice was issued to the appellant on 25.1...


Dec 09 2014

The Commissioner of Income Tax, Hyderab Vs. M/S. N.C.L. Industries Lim ...

Court: Andhra Pradesh

Decided on: Dec-09-2014

THE HONBLE Sr.JUSTICE L.NARASIMHA REDDY AND THE HONBLE Sr.JUSTICE CHALLA KODANDA RAM I.T.T.A.No.317 of 2003 09-12-2014 The Commissioner of Income Tax, Hyderabad..Appellant. M/S.N.C.L.Industries Limited, Hyderabad..Respondent. Counsel for Appellant: Sr.S.R.Ashok Counsel for Respondent : Sr.S.Ravi ?. Cases referred 1. AIR2002SC2131THE HONBLE Sr.JUSTICE L.NARASIMHA REDDY AND THE HONBLE Sr.JUSTICE CHALLA KODANDA RAM I.T.T.A.No.317 of 2003 JUDGMENT: (Per the Honble Sr.Justice L.Narasimha Reddy) This appeal is by the Revenue, challenging the order, dated 30.08.2002, passed by the Hyderabad Bench B of the Income Tax Appellate Tribunal (for short the Tribunal) in I.T.A.No.247/Hyd/2001. The facts, that gave rise to the filing of the appeal, are as under: The respondent is a Company incorporated under the Companies Act and is an assessee under the Income Tax Act, 1961 (for short the I.T.Act).For the purpose of its business, it borrowed quite large amount from the Bank. By 31.03.1996, the proposa...


Dec 09 2014

Somu Venkata Siva Prasad and Two O Vs. Chaitanya Grameena Bank, Tenali ...

Court: Andhra Pradesh

Decided on: Dec-09-2014

HONBLE SRI JUSTICE R.KANTHA RAO W.P.No.7665 of 2000 09-12-2014 Somu Venkata Siva Prasad and two othersPetitioners Chaitanya Grameena Bank, Tenali and (19) othersRespondents Counsel for petitioners: Sri Vedula Srinivas Counsel for respondents: Sri M.Panduranga Rao Sri Abhinand Kumar Shavli ?. Cases referred:1. 1998(6) SCC7202. (2009) SCC3113. (1998) 6 SCC7204. AIR2003 SC44225.(2009) SCC515THE HONBLE MR JUSTICE R. KANTHA RAO WRIT PETITION No.7665 OF2000Date:09.12.2014 ORDER: This writ petition is filed under Article 226 of the Constitution of India for mandamus seeking a direction to declare the procedure adopted by the first respondent while making promotions from Scale-I Officer to Scale-II Officer in furtherance to Circular No.34, dated 20.04.1999 as arbitrary, illegal, unconstitutional and to set aside the promotions of the respondents 2 to 20 and also to issue a consequential direction to the first respondent to make promotions afresh by strictly following the rule of seniority-cum-...


Dec 08 2014

National Insurance Company Limited Rep. Vs. M. Madhavilatha and Other

Court: Andhra Pradesh

Decided on: Dec-08-2014

THE HONBLE Sr.JUSTICE U. DURGA PRASAD RAO M.A.C.M.A No.341 of 2009 08.12.2014 National Insurance Company Limited Rep. by its Divisional Manager, Hyderabad....Appellant M. Madhavilatha and others...Respondents Counsel for Appellant : Sr.Kota Subba Rao Counsel for Respondent Nos.1 to 3: Sr.K. Dhanunjaya Reddy ?. Cases referred: 1) 2008 ACJ614(SC) THE HONOURABLE Sr.JUSTICE U.DURGA PRASAD RAO M.A.C.M.A.No.341 of 2009 JUDGMENT: Challenging the Award dated 18.01.2008 in O.P.No.523 of 2006 passed by the Chairman, M.A.C.T-cum-Chief Judge, City Civil Court, Hyderabad (for short Tribunal).the National Insurance Company Limited/2nd respondent in OP, preferred the instant MACMA. 2) The factual matrix of the case is thus: a) The deceased-M.V.Ugandhar, who was working as Supervisor in M/S.P.K.Ramaiah and Company, Hyderabad was proceeding on his Hero Honda motor cycle No.AP10AB2529at Vikrampuri Karkhana Road on the night of 30.07.2005 at about 7.45PM and when he reached near Palete Bar and Restaurant...


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