1
Court : Andhra Pradesh
Decided on : Feb-07-1983
Reported in : (1983)IILLJ396AP
Rama Rao, J.1. This appeal under S. 82 of the Employees' State Insurance Act, 1948 is at the instance of the Employees' State Insurance Corporation, Hyderabad, the 1st respondent in E.I. Case No. 129 of 1978. The petitioner in E.I. Case No. 129 of 1978. The petitioner in E.I. Case No. 129 of 1978 filed petition under S. 75 of the Employees' State Insurance Act for a declaration that the provisions of the Act and the notification No. 102 dated 26th March, 1975 issued thereunder are not applicable to the petitioner and the orders of the respondent therein dated 1st November, 1976 and 26th February, 1976 are illegal and without jurisdiction. The averments in support of the petition are that the petitioner is a transport company engaged in the business of transporting goods, the head office of which is at Calcutta. The Company has several branches all over India, one among whom is the petitioner. All the branches are controlled administratively and financially by the head office at Calcutt...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-30-1983
Reported in : [1985]156ITR45(AP)
Raghuvir, J. 1. The above three reference are made to this court under the E.D. Act, 1953 (34 of 1933) (the Act), relevant to the estate of Pingle Venkatrama Reddy, who died on June 3, 1965. The questions in the reference relate to three life insurance policies obtained by the deceased. Two of the policies relate to a company, by name, Phoenix Assurance Company (Bombay company); the third, relates to the standard Life Insurance Company (the Calcutta company). The question principally is : Whether the proceeds of the policies should be aggregated with the general estate of the deceased, for determination of rate to ascertain the duty payable under the Act. 2. The three policies the assured obtained for Rs. 50,000 each. On the Bombay policies, the assured on October 13, 1941, and, for the second time on October 15, 1981, (sic) had taken loans from the Bombay company. From the statement of facts, it is not known what sums were borrowed. On the Calcutta company policy, the assured obtained...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-03-1983
Reported in : (1983)IILLJ406AP
Ramachandra Rao, J.1. Writ Appeal No. 163 of 1981. This writ appeal is preferred against the judgment of our learned brother, Jayachandra Reddy, J., dismissing the writ petition filed by the petitioner-appellant herein for the issue of a writ of certiorari and for quashing the order dated 21st October, 1980 of the Depot Manager, Kamareddy Bus Depot of the Andhra Pradesh State Road Transport Corporation stating that the petitioner had lost his lien 'on any post of the Corporation and ceased to be in the service of the Corporation with immediate effect.' At the time the impugned order was passed, the petitioner was holding the post of mechanic in his substantive capacity. He applied for two days' leave on 13th and 14th of August, 1980 and left for Sircilla. He reported for duty on 22nd October, 1980. The petitioner alleged that he had fallen sick at Sircilla and underwent medical treatment of pneumonia and that he was under the treatment till 21st October, 1980 and discharged on 22nd Oct...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-04-1983
Reported in : (1984)ILLJ475AP
ORDER1. This is a petition filed under Art. 226 of Constitution for issue of a writ of mandamus or any other appropriate writ or order or direction directing the respondent not to give effect to the proceedings of its Managing Director dated 29th April, 1982 transferring the petitioner of its Regional Office, Adilabad after declaring the same as illegal, void and bad in law. 2. The respondent herein, the Andhra Pradesh Co-operative Central Agricultural Development Bank Ltd., hereinafter called, 'the Bank', is a society deemed to be registered under the A.P. Co-operative Societies Act, 1964. The Bank is the apex institution for the Co-operative Agricultural Development Banks in the State. The Bank finances its constituents for the agricultural development of the State. The controlled share capital of the Bank is held by the Government of Andhra Pradesh. 3. The petitioner was first appointed as a Peon on 18th May, 1959 in the Head Office of the Bank at Hyderabad and he continued to work ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-26-1983
Reported in : [1986]60CompCas568(AP)
Kodandaramayya, J.1. Among numerous question of law, two interesting company law problems are raised in this civil appeal by Sri T. Veerabhadraiah, the learned counsel for the appellants : (1) Whether a conveyance is necessary to vest the property of a firm when the same was converted into a company (2) Similarly whether such conveyance is necessary to claim title by the company in respect of property acquired by the promoter before its incorporation 2. A considerable time and lengthy debate had taken place and, hence, we are impelled to state this in the forefront. Now, we shall state the facts. 3. The plaintiffs in O.S. No. 36 of 1969 on the file of the Subordinate Judge's Court, Vijayawada, are the appellants in this appeal. The suit is laid for eviction of the defendants from the plaint schedule site after declaring the suit lease as duly terminated, removing the structures and deliver vacant possession of the same. The plaintiffs are grandsons of one Vali Subbarayudu and it is ave...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-08-1983
Reported in : AIR1984AP75
..... act, 1956 (act vi of 1956). by section 3 of the schedule of andhra pradesh extension of laws (andhra pradesh act 23 of 1958), the andhra cinemas (regulation) act, 1954 was extended to the telangana area. the short title was substituted in the act by amendment of andhra pradesh laws (amendment of short titles) act, 1961 (act ix of 1961). thus, the andhra pradesh cinemas (regulation) act ..... any revenue from the maximum rates of admission fixed under the impugned rule.66. in corporation of calcutta v. liberty cinema, : [1965]2scr477 it is laid donw by their lordships of the supreme ..... with the changes made manifest intheliving habits and pursuits of the people and their impact on the public life and mould the law to subserve public weal so as to be a living law. thus the delegated authority is ..... 43. rule 17 prescribed the power and functions of the licensing authority, etc. chapter vi provides the right of appeal.44. rule 18 postulates that any appeal to the government under s. 7 or sub-section ..... insurance was assailed, justice mc. kenaa, speaking on behalf of the court upholding the power of regulation held:'the underlying principle is that business of certain kinds hold such a peculiar relation to the public interest that there is super-induced upon it the right of public regulation. it would be a bold thing to say that the principle is fixed, inelastic, in the precedents of the past, and cannot be applied though modern economic conditions may make necessary or beneficial its application .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-22-1983
Reported in : (1984)IILLJ140AP
..... relation thereto.'70. it is therefore legitimate to conclude that the state is an organisation to transcend all sections of the society to enable them to lead good life assuring dignity of person under a legal order. thus, its true dignity comes not fro ..... iv undertakes diverse welfare activities and as a result, has established various corporations - statutory as well as those created under the provisions of the companies act or the co-operative societies act, etc. who have been carrying on business of public importance or welfare activities as delegates ..... to the petitioner if the respondents chose to rely upon paragraph no. 11 of the offending report 59. undoubtedly, on an advertisement calling for applications from qualified persons for appointment to the post of time-scale clerk under the first respondent, the petitioner offered himself to be one of the candidates ..... they have been denied in substance and effects.'101. frankfurter, j. in his dissenting judgment in national mutual insurance company v. tide water transfer company 337 u.s. 582 at 646 held that : 'great ..... protect was held not to be property or liberty. the judicial dichotomy was that 'rights' were protected but 'privileges' were not.'43. in shri son pal v. the general manager, northern railway 1974 lab i.c. 529, the delhi ..... but also to make it possible for them to lead a good life.'j. w. evans and l.r. ward in 'social and political philosophy of jacquies maritain' 1956 edition, at page 101 state that : 'the state exists .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-10-1983
Reported in : (1984)39CTR(AP)210; [1984]148ITR546(AP)
Madhava Reddy, C.J.1. The assessee is a company incorporated under the Companies Act, 1956, with its registered office at Secunderabad in Andhra Pradesh, whose main object is manufacture of fertilizers in India. EDI Parry Ltd., a company incorporated under the English Companies Act and having its registered office in London, is one of the largest manufacturers and distributors of fertilizers of various types in India for the last sixty years and had conducted extensive agronomical research and acquired in India unrivalled knowledge and experience of agronomy, agricultural practices and soil formations and chemical compositions, cropping patterns, particularly applicable to South India. The assessee-company, being desirous of obtaining from EID Parry the said know-how for promoting the sale of fertilizers manufactured by it, entered into an agreement with EID Parry Ltd. On April 16, 1964. The important features of this agreement, among others, are as follows : '(5) EID has agreed to imp...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-30-1983
Reported in : (1984)42CTR(AP)127; [1985]156ITR78(AP)
Punnayya, J.1. On December 20, 1962, the petitioner and Kondal Reddy purchased ac. 454.11 guntas of land in Manmole village, Sangareddy Taluk, Medak District, under a registered sale deed for a total consideration of Rs. 75,000. By the date of their purchased of the said lands, the lands were notified under the notification dated October 17, 1961, for acquisition by the government for the construction on a Heavy Electrical Factory. On February 4, 1964, the Land Acquisition Officer passed an award giving compensation in a sum of Rs. 1,38,794.12. But the petitioner and Kondal Reddy were not satisfied with the amount of compensation granted under the award by the Land Acquisition officer and filed a petition before the land Acquisition officer for making a reference of the matter to the civil court under s. 18 of the Land Acquisition Act. The matter was accordingly referred to the civil court. On a reference, the District Judge held enquiry into the claims and enhanced the compensation by...
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