Court : Andhra Pradesh
Reported in : AIR1980AP89
1 to 3. In this batch of four Civil Revision petitions common questions of law which are not only important but rather complex, do arise. This complexity is reinforced by the fact that varied views have been expressed in a catena of decisions by this Court, which apparently seemed to be conflicting and one is likely to be led into a labyrinth. No wonder our learned brother Jayachandra Reddy, J. despite the fact that he being a party to one of the Division Bench Judgments in M. Pocham V. Agent to the State Government, Adilabad, : AIR1978AP242 wherein in some respects the points raised not being quite dissimilar to the one raised herein, felt and very rightly so in our view that points raised in this batch may be decided by a Division Bench and therefore has chosen to refer the matter to a Division Bench. 4. The facts in brief are the revision petitioners who are holding agricultural lands, were required to declare their holdings for determination as to whether they have any surplus land...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALD639
ORDER1. All the three writ petitions can be disposed of by a common order as the common questions of law arise in all these matters.2. The important question that falls for consideration in all these writ petitions are(1) the power and jurisdiction of the State Government to withhold permission for starting the Engineering Colleges after the clearance is given by the All India Council for Technical Education under the provisions of All India Council of Technical Education Act, 1987 and(2) whether Section 20 of A.P. Education Act is repugnant to or overlaps over the provisions of All India Council of Technical Education Act, 1987.3. Before delving into the legal issues, it is necessary to trace out certain facts ineach case for proper appreciation of the matter. Writ Petition No.27598/1997 is filed by the management of J,B. Educational Society, a registered body seeking writ of mandamus declaring that the petitioner is entitled to commence and conduct the degree courses in Engineering a...
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1989]74STC336(AP)
Seetharam Reddy, J. 1. In this batch of revisions, preferred against the order made by the Sales Tax Appellate Tribunal, the question that arises for determination is whether the sales effected during the assessment years 1969-70 to 1980-81 by the Andhra Pradesh State Road Transport Corporation ('APSRTC' for short) in respect of scrapped vehicles, old tyres, tubes, tender forms and other unserviceable material, would be exigible to sales tax. The Appellate Tribunal held that it is not possible to hold that the corporation is carrying on any business or it is a dealer. Therefore, the sale of discarded and unserviceable material by it amounts to no business. 2. The contention of the Revenue is that the activity of the corporation is nothing but commercial in nature and, therefore, it must be held that it is carrying on business and consequently the scrap material which the corporation is selling away must be held to be incidental to its main activity and, therefore, the sale of such scra...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP538
P. Chandra Reddy, C.J.1. All these writ appeals raise common questions of law and so they could be heard and disposed of together in one judgment.2. These appeals arise out of a judgment of our learned brother, Satyanarayana Raju J., quashing the Government Orders issued in exercise of the powers under Section 3 of the Madras Essential Articles Control and Requisitioning (Temporary Powers) Act, Madras Act 29 of 1949, as amended by the Madras Essential Articles Control and Requisitioning (Temporary Powers) Andhra Amendment Act, 1955 (hereinafter called the Act).3. The Government of Madras and its successor the Government of Andhra State were having a single power grid system for ihe whole State comprising Tungabhadra and Machkund Hydro Electric Systems and the Thermal Systems of Nellore. The entire energy was integrated into one power system. The Government entered into agreements with the several consumers in the State including the respondents for the supply of energy in bulk at speci...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP167
ORDER1. As both the writ petitions raise common points, they are disposed of by a common judgment.W.P. No. 11049 of 1990 2. The petitioner entered into agreement with the second respondent on 23-2-1983 for sale of cement manufacturing machinery. Clause 12(2) of the agreement provided for referring any dispute, that may arise under it, to arbitration. As certain disputes arose, the petitioner nominated Justice Rege, retired Judge of High Court of Bombay, as arbitrator, while the second respondent appointed late Jusfice Krishna Rao, as arbitrator. Justice G. Venkat Rarna Sastry was appointed as O.S. No. 2 off 988, in the Court of Additional Chief Judge (Temporary), Hyderabad, as Umpire. The arbitrators gave unanimous award on 2-2-1987 granting petitioner Rs. 17,74,858/- together with interest of Rs. 3,05,006,/- but did not give reasons. The petitioner filed O.S. No. 249 of 1987, later renumbered under Section 14(2) of the Arbitration Act (for short 'the.'Act') to make the award rule of t...
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1981)20CTR(AP)60; [1981]127ITR414(AP)
Lakshmatah, J. 1. In this reference under s. 256(1) of the I.T. Act, 1961, the question referred to us by the Income-tax Appellate Tribunal at the instance of the Commissioner of Income-tax is : 'Whether, on the facts and in the circumstances of the case, the salary income of the assessee as a judge of the Andhra Pradesh High Court could be included for the purpose of assessment of the year 1969-70 ?' 2. The facts necessitating the reference of the aforesaid question are as follows : Facts : The assessee is an individual. He was practising as an advocate. For the legal profession he carried on, the assessee had been maintaining accounts for the financial year commencing form April 1, and ending by March 31, each year. He was appointed as a judge of the High Court of Andhra Pradesh with effect from August 21, 1968. Prior to becoming a judge, he was also receiving remuneration at Rs. 400 per month liquidator of Vijaya Commercial Bank Ltd. He was also getting a remuneration of Rs. 400 per...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1991AP194; 1991(1)ALT207
ORDERSardar Ali Khan, J.1. In this batch of writ petitions the common prayer is that the respondents should be directed, by a writ of mandamus, to implement Rule 9(4) of the rules issued in G.O. Ms. No. 62, Education (Rules), dated 10th February, 1989 and to admit the petitioners into the Medical, Engineering or Agricultural Course, as the case may be, for the academic year 1990-91, subject to eligibility and merit, under thecategory of 'Children of Ex-Service and Defence Pesonnel.'2. The basic question that arises for consideration in this batch of writ petitions is the rule of reservation of 4% for the children of ex-servicement and defence personnel, including the children of Border Security Force and the Central Reserve Police Force residing in Andhra Pradesh. It may be mentioned here itself that the above said rule is in conflict with the several other rules made by the different Universities fixing 1% reservation for the children of ex-servicemen and defence personnel, issued in ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(1)ALD473; 2001(1)ALT719
ORDERBILAL NAZKI, J :1. The plaintiffs-respondents filed a suit before the District Judge, Guntur being OS No.15 of 1973 against the appellant-defendant. The suit was filed for possession of the plaint schedule property along with profits from the date of the suit till the delivery of possession and costs of the suit. The facts which led to filing of the suit needs to be narrated in detail. According to the averments in the plaint the Guntur Power and Light Limited (hereinafter referred as GPL) was a limited company constituted for the purpose of running an electrical undertaking to supply electricity to Guntur area. It was granted licence for the aforesaid purpose under the provisions of Indian Electricity Act, 1910. For the purpose of the undertaking the GPL acquired various properties including the plaint schedule property. In the year 1945 the GPL leased out the schedule property to a sister concern namely Guntur Tobaccos Ltd., which was defendant in the suit and the GPL executed a...
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1980]46STC232(AP)
S. Sambasiva Rao, J. 1. The question formulated by our learned brothers Chennakesav Reddy and Madhava Rao JJ. whiel referring the writ petition to a Full Bench is; 'Whether the Revenue Divisional Officer has jurisdiction to issue a warrant of arrest and detention of a defaulter under Sec. 48 of the Revenue Recovery Act.' This is one of the questions which arise in the petition filed seeking a writ of habeas corpus. Though our learned brothers have referred the case itself to a Full Bench , learned counsel for the petitioner has submitted that besides this question there are many other points which he seeks to urge in the writ petition and therefore requested us to give our opinion on it and remit back the matter to the Division Bench. Acceding to this request, we will now proceed to answer the question 2. It appears there are arrears of sales tax of an extent of Rs. 33,274-65 ps due from the petitioner. By proceedings dt. 25-6-1977 the Revenue Divisional officer. Cuddapah expressed the...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1994(1)ALT(Cri)668; 1994CriLJ112
S.V. Maruthi, J. 1. This Writ Petition is filed by the wife of the detenu Sri Vishan Singh alias Tipusoni for a direction to the respondents to produce her husband (detenu) before this Court and set him at liberty forthwith. 2. The 1st respondent-Government of Andhra Pradesh, by its order dated 4-11-1992 detained the detenu, namely, Vishan Singh alias Tipusoni under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended), on the ground that it is necessary to prevent him effectively from further dealing in smuggled goods. 3. In support of the order of detention, the 1st respondent relied on the following grounds; on 28-8-1992, the officials of Directorate of Revenue Intelligence (D.R.A.), Hyderabad made a surprise visit at 11.00 a.m. of the premises of Swasthik Refinery, Bakaram, on the reasonable belief that some contraband silver was secreted in the said refinery. At the time of the visit, the D.R.A. Officers found the following p...
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