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Judgment Search Results Home > Cases Phrase: income tax act Court: andhra pradesh Year: 1985 Page 4 of about 39 results (0.098 seconds)

Nov 21 1985 (HC)

J. Goutham Rao and ors. Vs. Union Bank of India and anr.

Court : Andhra Pradesh

Decided on : Nov-21-1985

Reported in : [1988]64CompCas674(AP)

..... law. 2. the material facts which facts which are not in dispute are at that the first defendant is a limited company constituted under the provisions of the indian companies act, 1913, for carrying on the business of manufacture, buying, selling ,etc., of pesticides, insecticides etc., based at karimnagar. defendants nos. 2 to 6 are the promoters of the said company ..... rao, learned counsel for the revision petitioners (defendants nos.2 to 6) contended that merely because this court granted leave to the plaintiff-bank under section 446 of the companies act, 196, which is a statutory leave required before filing a suit to protect the company from the expenses of litigation. etc., it cannot furnish a cause of action at hyderabad ..... first defendant company does not vest in the official liquidator but passes into his custody so as to be applied by him in accordance with the provisions of the companies act. he occupies a fiduciary position as regards the duties to be discharged by him and is accountable to the same extent as an agent. ( vide knowles v. scott [1891] i .....

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Oct 16 1985 (HC)

State Bank of India, Eluru

Court : Andhra Pradesh

Decided on : Oct-16-1985

Reported in : [1988]63CompCas210(AP)

..... of protective discrimination of the weak, the helpless and the hapless for realising the egalitarian goals of our constitutional directives and fundamental rights. section 21a of the banking regulation act does not merely wink at inequality. by withdrawing legal defences traditionally available to the debtors from the arena of court litigation, section 21a actively enforces inequality. the fact that ..... can reopen the transaction where the courts have reason to believe that the transaction was substantially unfair. thus, the ground of charging excessive interest was deleted by the madras amendment act and is no longer relevant for reopening the transactions. to that amendment, explanation i was added. 'if the interest is excessive, the court shall presume that the transaction ..... , as a matter of construction, it is not easy for me to hold that by the use of the generic word 'debtor', section 21a of the banking regulation act intends to refer to the agriculturists. agriculturists constitute a special and particular economic segment of the society found to be in dire need of statutory relief from their agricultural indebtedness ..... that can vary from case to case. the statement of objects and reasons of the agriculturists relief bill shows that the purpose of the a. p. agriculturists relief act is to rehabilitate agriculture. treating agriculture as a basic industry of this province and holding that on its prosperity depends the prosperity depends the prosperity of all other sections .....

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Aug 02 1985 (HC)

Karnati Mallikarjuna Rao and Co. Vs. Korlapati Krishna Murthy

Court : Andhra Pradesh

Decided on : Aug-02-1985

Reported in : [1986]60CompCas462(AP)

..... reversed holding that though the claim is supported by consideration, still since the non-compliance of the provisions of the andhra pradesh chit funds act, 1971 ('the act', for short) was not in dispute, it was fatal to the very maintenance of the suit and was also opposed to the provisions ..... fund organisations from embarking upon transactions of that nature without complying with the mandatory provisions of the act, meant to safeguard the members of the public at large with whose funds gathered by way of contributions the chit fund bodies would otherwise play ..... not be allowed to maintain the suit. may be section 56 provides for the imposition of penalty for the transgression of various provisions of the act, but that would not by itself achieve the desired result which the legislature so avowedly intended. the dominant object is to deter the chit ..... 16. fell for consideration of the supreme court as to whether the provisions were mandatory or not; and with reference to section 629a of the act, which prescribed a penalty where no specific penalty was provided elsewhere, the supreme court held that it is a question of construction in each ..... as usual after deep study assisted this court, which is invaluable and for which the court is obliged) submitted : 1. the provisions of the act are highly stringent and prohibit any one to conduct a chit without registering the bye-laws with the registrar and without obtaining a certificate of commencement .....

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Apr 17 1985 (HC)

E. Madan Mohan Rao Vs. Registrar, Kakatiya University, Warangal

Court : Andhra Pradesh

Decided on : Apr-17-1985

Reported in : (1988)ILLJ65AP

..... go though immediately, the sixth plan grants to this university would lapse, which would prejudice the affairs of the university. 5. the kakatiya university act has been enacted by the andhra pradesh legislature with a view to establish and incorporate a teaching and affiliating university for certain area in the state ..... be made by the vice-chancellor with the previous approval of the government during the period of two years immediately after the commencement of the said act and that the ordinances so made may be amended, replaced or added to at any time by the syndicate in the manner prescribed by the ..... for teaching posts formed under clause (15), item (5) of the schedule.' (the reference is to clause 15(5) of the schedule of the act, which says, 'the procedure to be followed by a selection committee in making recommendations shall be laid down in the ordinances'). it would be appropriate to ..... must be rigorously held on the standards by which it professes its actions to be judged and it must scrupulously observe those standards on pain of invalidation of an act in violation of them. this rule was enunciated by mr. justice frankfurter in vitarelli v. seaton, (1959) u.s. 535 : 3l ed. 2d ..... particular person, a class or group, still as pointed out by the supreme court in b. s. minhas v. indian statistical institute (supra) the act done in violation of bye-laws and constitutional obligation cannot be saved, even though the case of the person complaining of has in fact been considered. .....

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Aug 13 1985 (HC)

Pentapati Chitti Mahalakshmi Vs. Gannavarapu Subba Rap and ors.

Court : Andhra Pradesh

Decided on : Aug-13-1985

Reported in : AIR1986AP52

..... the plaintiff and the remaining three shares to defendants 1 to 3 was passed. it also directed the 4th defendant to render accounts in respect of the income he had received from the suit lands.5. aggrieved by the judgment and decree, the 5th defendant filed a. s. no. 516/73 and ..... v. sri lakshmi narasimhaswamy varu 91963) 2 andh wr 214 specifically adverted to this question and held that as per the provisions of the act (inams abolition act ) the service holder is entitled to the ryotwari patta absolutely and it is for the legislature to make a suitable provisions if a condition ..... hence we are clearly of the opinion that cl(4) hereditary offices of village artisans and village servants under sec. 3(4) of the act are not offices under the state but only service inam grants held by the incumbents.15. once we hold that the hereditary offices of artisans and ..... the emoluments can be partitioned among shares. it is well established that the partition is not alienation within the meaning of sec. 5 of the act. the service holder can surrender the office and accelerate the succession. the practice of submitting resignation of the office of village artisan was specifically abolished. ..... 16-12-1969 and under those circumstances the parties must work out their rights under the provisions of the andhra pradesh inams abolition (conversion into ryotwari) act, 1956 and consequently dismissed the plaintiff's suit. against the said judgment the present l. p. a., is filed.6. the division bench having .....

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Mar 01 1985 (HC)

Bharat Heavy Plates Vs. Vessels Ltd.

Court : Andhra Pradesh

Decided on : Mar-01-1985

Reported in : (1986)ILLJ145AP

..... writ jurisdiction, because no private society exercises sovereign coercive power. yet, the supreme court, by its judgment in the above ajay hasia's case (supra), intimated that acts of such private educational society are amenable to correction. no doubt the apparent reason mentioned by the supreme court for so holding is that the running of an engineering college ..... in our socialist republic. the petitioners in ajay hasia's case (supra) complained to the court against an educational society registered under the j & k societies registration act for its refusal to admit the petitioners in its engineering college courses. the petitioners alleged violation of their fundamental rights guaranteed to them under part iii of the constitution ..... state action, in the early pioneering of which in our country, this court has played a notable role leads to the same conclusion. according to that doctrine, the act of enforcing ownership rights by the courts constitutes state action and is therefore, subject to constitutional limitations and prohibitions. in other words, constitutional limitations inhibit the exercise of public ..... rights is unjustifiably affecting others' inalienable rights to pursue their own happiness and whether such exercise is causing undeserving suffering and sorrow to others. it follows, courts cannot act merely as the mouth-pieces of the property owners, nor at the behest of the property owners as they do in common law jurisdictions while enforcing ownership rights. courts .....

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Jun 26 1985 (HC)

N. Ranga Rao Vs. Government of India

Court : Andhra Pradesh

Decided on : Jun-26-1985

Reported in : (1986)IILLJ1AP

..... forthwith and cannot, thereafter be withdrawn or revoked thereafter. but, if he by such writing, chooses to resign from a future date, the act of resigning office is not complete because it does not terminate his tenure before such date and the judge was at any time before the arrival ..... while considering that question rajindar sachar, j. speaking for the bench held thus : 'under s. 33(1)(b) of the delhi municipal corporation act, both the resignation and the vacancy of the seat are effective from the same date. there cannot be different times, one for resignation and the other ..... retirement is accepted it becomes effective and brings about the cessation of service of the appellant. the relief of him from duty is a ministerial act. the appellant ceased to be in service with effect from 18th may, 1983, viz. the date of acceptance. the delay in communication is inconsequential ..... remains undisturbed.' in c. lingam v. government of india, : [1971]2scr871 grover, j. speaking for the court held that there is a presumption that the official acts have been regularly performed. 10. in ishwarlal v. state of gujarat : [1968]2scr267 , hidayatullah, j. (as he then was) speaking for the court held ..... from the ratio therein are that the constitution embodies generally the parliamentary or cabinet form of government of the british model and the president must act with the aid and advice of the council of ministers except where the contrary provision is made by the constitution. the satisfaction of the .....

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Sep 04 1985 (HC)

N. Haragopal Vs. T.T. Devasthanam and ors.

Court : Andhra Pradesh

Decided on : Sep-04-1985

Reported in : (1986)IILLJ278AP

..... appointment cannot arise for consideration under the act. such question can, however, legitimately arise under arts. 14 and 16. but we wish to observe that it cannot be the meaning of arts. 14 and 16 that ..... and otherwise than in response to public advertisement of the vacancies. 35. in view of the conclusion which we have reached above holding that the employer's obligation under the act does not extend beyond notifying vacancies, furnishing information and giving access to records, the question of issuing mandamus to the employer compelling him to consider petitioner's applications for ..... service manual are 'purely administrative or departmental instructions and have no statutory force.....' earlier in the judgment, the learned judge also observed that 'but there is no provision that act requiring the board (referring to the a.p.s.e. board) shall employ only candidates who have been sponsored by the employment exchange.' in our view these judgments hold ..... down 'the employer in every establishment in public sector' should notify any vacancy in his establishment to an appropriate employment exchange. section 4 and sub-clause 2 of the act enables the government to extend this obligation to notify vacancies even to a private employer. by means of a notification, government can require a private employer to notify vacancies in .....

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Jan 29 1985 (HC)

Machi Parvaiah Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Decided on : Jan-29-1985

Reported in : 1985CriLJ1824

..... court, on the mental aspect of the accused, creates a serious infirmity in the case of the prosecution and raises a doubt whether the act or acts of violence were committed with the requisite intention of committing a particular offence. consequently, the benefit of doubt will have 10 be given to ..... was under the influence of some black magic and underwent treatment without result. we are constrained to observe that the investigating authorities, instead of acting fairly and sending the accused to an expert for medical evidence regarding his state of mind, endeavoured to give a lie to the statements ..... forthcoming regarding the conduct and behaviour of the accused preceding, attending and following the commission of the offence, the court can look into the acts which serve to ascertain whether they provide intrinsically the chief evidence of insanity. in the present case, surely the conduct and behaviour of the ..... motive. it is also admitted that the accused | did not try to abscond or conceal himself or the weapon with which he committed the act of killing the deceased and the accused also remained at the scene of offence weeping along with his sister and other relations until the police patel ..... did not abscond from the scene of offence, it does not automatically follow that the accused was of unsound mind when he committed the act. learned public prosecutor pointed out that there was no evidence to show that the conduct and behaviour of the accused preceding, attending and following .....

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