Court : Andhra Pradesh
Decided on : Apr-28-1989
Reported in : AIR1990AP72
ORDERJeevan Reddv, J.1. This Letters Patent Appeal is preferred by the defendants in a suit for specific performance. Therespondent-plaintiff instituted the suit on the basis of an agreement of sale dt. 27-10-1977 executed by the 1st defendant in favour of the plaintiff. The agreement of sale pertains to a shop-cum-house situated at old Gunj, Mahboobnagar. The agreement recites that though the property stands in the name of the 1st defendant's mother (defendant No. 2), it had fallen to his share in the partition, and that he has agreed to sell the same to the plaintiff for a consideration of Rs. 30,000/-. On the date of agreement the 1st defendant received a sum of Rs. 10,000/-. He agreed to receive the balance of Rs. 20,000/ - on the date of registration of the sale-deed, within one month. The plaintiff was a tenant in the said shop-cuni-house since several years prior to the said agreement. She instituted the suit with the allegations that the 1st defendant refused to receive the bal...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-16-1989
Reported in : (1990)ILLJ367AP
..... -llj-399) considered elaborately the scope of articles 12, 14, 16 and 226 in their application to certain public corporations-oil and natural gas commission, life insurance corporation and industrial finance corporation. a. n. ray, c.j., speaking for himself, y. v. chandrachud, j. (as he then was) and gupta j., after examining the composition, structure and constitution of the three corporations held that they are 'authorities' within the meaning of article 12. the learned chief justice ..... no discretion but to comply with the directions issued by the register under section 59 placing a paid officer or servant under suspension. if the committee disobeys the directions of the register it can be suspended under section 34 of the act. financial aid flows to the societies under section 43 of the act. any dispute touching the constitution, management or the business of the society except the expected categories specified in section 61 are referable to the register for decision. the order passed by the register is amenable ..... a description, then mere addition of state money would not influence the conclusion.' a corporation may be established by a statute or incorporated under a law such as the companies act, 1956, or the societies registration act, 1860 ramana's case. speaking for the three-judge bench in ramana's case. bhagwati, j. (as he then was), after posing the question, when does a corporation become an instrumentality or agency of the government, answered the same (1979-ii-lj-217 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-03-1989
Reported in : I(1991)ACC208
K. Ramaswamy, J.1. One Malapati Ramulaiah died on September 25, 1980 at about 21.30 hours, on Pedalakur-Kaluvay Road due to the rash and negligent driving by the driver of the lorry bearing No. A AP 2448. His widow, the 1st respondent, minor son and father laid the claim under Section 110-A of the Motor Vehicles Act (Act IV of 1939), for short 'the Act', for a sum of Rs. 44, 200/-. The Tribunal below found that the death was due to rash and negligent driving of thedriver, the lorry dashed against a culvert resulting in the instantaneous death of the cleaner Ramulaiah aged 32 years. He was drawing a sum of Rs. 200/- towards salary and batta of Rs. 250/- per month as cleaner of the lorry. Accordingly, the loss of dependency was determined at Rs. 150/- per month and annual dependency at Rs. 1, 800/- and applying 15 years' multiplier, fixed the dependency at Rs. 27, 000/-. It also awarded a sum of Rs. 200/- towards transport charges; Rs. 1, 000/- towards funeral expenses and Rs. 3, 000/- t...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-31-1989
Reported in : (1993)IIILLJ414AP
Amareswari, J. 1. This appeal is filed by the Employees' State Insurance Corporation under Section 82(2) of the Employees' State Insurance Act, 1948 against the order of the Employees' Insurance Court, Hyderabad in E.S.I. Case No. 12 of 1981 dated 31.12.1981.2. The short question that arises for consideration is whether the Employees' State Insurance Act is applicable to the Regional and Sales Offices of the Tamil Nadu Handloom Weavers' Co-op. Society Limited, Vijayawada and the levy of contribution is legal.3. The Tamil Nadu Handloom Weavers' Cooperative Society Limited has its Head Office at Madras and a Regional Office at Vijayawada. It has several branches in the State of Andhra Pradesh. 55 employees are working in the various branches and sales Emporiums. According to the Society, the Regional Office does purely administrative work. They do not do any business of sale and hence the notice issued by the Corporation stating that the Act is applicable is untenable.4. The Corporation ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-23-1989
Reported in : [1992]75CompCas417(AP)
Upendralal Waghray, J.1. These applications under section 402 of the Companies Act, 1956, read will rule 9 of the Companies (Court) Rules, 1959, are filed by respondent No. 9 in the company petition supported by his affidavit sworn to on August 29, 1988, for the following interlocutory reliefs pending the decision on the company petition : '(a) that the board of the company be reconstituted to have representatives of Sri R. Khemka and myself proportionate to the share-holding as at December 31, 1984, or in the alternate the board of directors as constituted by the elections held on July 5, 1988, at the annual meeting of the general body be suspended; (b) that a person be appointed as the joint managing director to represent Sri R. Khemka and myself; (c) that a direction be given that the function of the managing director be carried out jointly by the managing director and the joint managing director; (d) that a fresh audit of the books of account of Deccan Enterprises Private Limited b...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-15-1989
Reported in : (1990)89CTR(AP)43; [1990]182ITR242(AP)
Seetharam Reddy, J. 1. The petitioner who was a legal practitioner and was later elevated as a judge of this court in November, 1983 (since recently retired), impugns the validity of the note dated March 10, 1988, issued by the Income-tax Officer concerned under section 148 of the Income-tax Act proposing to reassess certain income on the ground that it has escaped assessment for the assessment year 1983-84. 2. Format : The assessee-petitioner returned a gross income of Rs. 2,57,571 for the assessment year 1983-84 and after claiming statutory deductions, the net income returned was Rs. 2,40,245 and on due assessment, requisite tax was paid. A notice dated March 10, 1988 was, however, issued by the Income-tax Officer, salary Circle, under section 148 of the Income-tax (for short 'the Act') proposing to reassess the income for the said assessment year, requiring him to file a return as he had reason to believe that certain income chargeable to tax for the said year has escaped assessment...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-01-1989
Reported in : [1989]178ITR359(AP)
Jeevan Reddy, J.1. The Income-tax Appellate Tribunal, Hyderabad, has referred the following question under section 256(1) of the Income-tax Act : 'Whether, on the facts and in the circumstances of the case and having regard to the objects for which the assessee corporation has been established by the Government, the assessee can be considered to be a public charitable institution within the meaning of section 2(15) of the Income-tax Act. 1961, and consequently its income is liable to be excluded for assessment purposes under section 11 of the Income-tax Act, 1961 ?' 2. With a view to improve the conditions of the members of scheduled Tribes in the State and to put an end to explanation of the tribunal people by plainsmen, the Government thought it fit to establish a Finance and Marketing Corporation to provide the tribunal people with credit facilities, to procure and supply them their domestic requirements and other necessities of life, and to arrange for the marketing of their agricu...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-06-1989
Reported in : AIR1991AP1
ORDERSyed Shah Mohammed Quadri, J. 1. The petitioner, who is an aspirant for admission to M.Ch. Genito Urinary Surgery Speciality (2nd Post Graduate Course) for the academic year 1987-88, challenges the validity of Art. 371D of the Constitution of India and the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974 made by the President under Clause (1) of Art. 371D (for short, the Presidential Order).2. A learned single Judge of this Court referred the writ petition to a Division Bench in view of the importance of the questions raised in the writ petition. That is how this writ petition has come up for hearing before us.3. Since we are concerned here with Constitutional validity of Art. 371D which is a special provision for the State of Andhra Pradesh and which was inserted by Parliament to give effect to what is commonly known as six point formula, it would be apposite to extract Article 371D of the Constitution here.'Special provisions with respect to the Sta...
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