Court : Andhra Pradesh
Reported in : I(1990)DMC212
Radhakrishna Rao, J.1. The petitioner herein filed O.S. No. 776 of 1989 on the file of the III Additional District Munsif's Court, Vijayawada, seeking a permanent injunction restraining the first respondent from marrying the second defendant in that suit. The respondent filed O.P. No. 182 of 1988 on the file of the II Additional Subordinate Judge, Vijayawada, under Section 12(1)(c) of the Hindu Marriage Act seeking a declaration that the marriage between her and the petitioner is vitiated by force and fraud and to annul the marriage by a decree of nullity. The respondent's brother filed a complaint against the petitioner and 23 others and the same was registered as Cr. No. 67 of 1988 of VI Town L and O Police Station, Vijayawada, under Section 363 IPC. The suit was filed earlier to O.P. The Police filed a charge-sheet into the Court and it is registered as PRC No. 4 of 1989. The petitioner filed a counter in the O.P. and the respondent herein filed her written statement in the suit. Wh...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(2)ALT111
ORDERM.N. Rao, J.1. In the elections held on 16-3-1988 to the office of Sarpanch, Mangithurthi Gram Panchayat, the petitioner and the fifth respondent contested; the latter was declared elected by a margin of seventeen votes. The present writ petition was filed on 29-3-1988 challenging the election on the ground that the electoral roll pertaining to Mangithurthi Gram Panchayat was defective in that it was not prepared in accordance with the mandatory provisions of the A.P. Gram Panchayats (Registration of Electors) Rules, 1978, (hereinafter referred to as the Rules) issued in G.O.Ms.No. 995, Panchayat Raj (Elections-I) dated 30-9-78. The facts as they emerge from the pleadings and the record produced before me are as follows: As per the notification issued on 17-8-87 by the Government the following is the schedule regarding the preparation of Electoral Roll.1-9-1987 : Draft publication of electoral roll.2-9-87 to 16-9-87 : Time prescribed for filing objections.17-9-87 to 9-10-87 : Obje...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1990AP200
ORDER1. In order to extricate Co-operative Societies from their financial distress and with a view to rendering assistance to agriculturists so as to enable them to secure credit from Co-operative Credit Societies, the Government of Andhra Pradesh passed G.O.Ms. No. 7, Food and Agriculture (Coop. III) Department dated 5-1-1987. The reasons that impelled; for issuing the G.O. as stated in the preamble and the reliefs granted are :'The mounting incidence of overdues in Agricultural Credit Co-operatives in Andhra Pradesh on account of repeated . natural calamities is affecting fresh flow of credit for agricultural production and. also the eligibility of the co-operative credit institutions for providing credit for various economic amelioration programmes. Government, after careful consideration of the above situation, have decided to sanction special ;concessions this year to agriculturists which would provide relief from their debt burden and also act as an incentive for prompt repayment...
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1994)IIILLJ600AP
ORDERRamanujulu Naidu, J.1. Sri E.D. Nathan, Party-in-person, challenges the competence of the Labour Courts and Industrial Tribunals situate in the State of Andhra Pradesh levying court fees on applications filed under the Industrial Disputes Act.2. For the purpose of appreciating the question raised, reference may be made to the material provisions in the Industrial Disputes Act, hereinafter referred to as 'the Act'. Section 2(f) of the Act defines 'Court' meaning a Court of inquiry constituted under the Act. Under Section 7 of the Act, the appropriate Government is empowered to constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the Second Schedule and for performing such other functions as may be assigned to them under the Act, while under Section 7A of the Act, the appropriate Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disput...
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1991]191ITR368(AP)
B.P. Jeevan Reddy, J.1. The only question which the Revenue wants us to direct the Tribunal to refer under section 256(2) of the Income-tax Act, 1961 ('the Act') is : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is correct in law in holding that the assessee is not liable to wealth-tax after the introduction of section 21AA in the Wealth-tax Act, 1957 ?' 2. The assessment year is 1981-82. The assessee is George Club. Section 21AA of the Wealth-tax Act, 1957 ('the Act'), was introduced by the Finance Act, 1981, with effect from April 1, 1981. At the relevant time, sub-section (1) of section 21AA read as follows : 'Assessment when assets are held by certain associations of persons. - Where assets chargeable to tax under this Act are held by an association of persons, other than a company or co-operative society and the individual shares of the members of the said association in the income or assets or both the said association on the date of its for...
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1990)ILLJ439AP
ORDER1. The five petitioners in this case are qualified Civil Engineers, who were appointed as Work Inspectors on daily wage basis from the various dates given in the affidavit filed in support of the writ petition. They had been working till the end of May 1988 when their services were discontinued on the ground that they are work-charged employees on daily wage basis in accordance with Standard Schedule of rats approved by the Board of Chief Engineers. 2. The petitioners seek a writ of mandamus directing the respondents to continue them in service with the same terms and conditions on which they were working. 3. The basic facts of the case are that the petitioners were engaged as work-charged employees on daily wage basis to complete the work on a project for the construction of Mother Dairy at Hayatnagar. The term of employment of the petitioners was for the duration of the work of Mother Dairy which was expressly stipulated and agreed to by the petitioners. It seems that the work o...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1990CriLJ934
1. The sole accused is the appellant herein. He was convicted under S. 304 Part II I.P.C. and sentenced to suffer R.I. for eight years. He was also convicted under S. 324 I.P.C. and sentenced to suffer R.I. for six months. He was further convicted under S. 323 I.P.C. and sentenced to suffer R.I. for three months. All the sentences were directed to run concurrently. 2. The facts of the case are : The accused in a student of 8th class in Government Junior College, Miryalaguda, and a resident of Yadgarpalli village. The deceased Shaik Yacob was a student of 10th Class in the Government Junior College at Miryalaguda and a resident of Harijanawada of Miryalaguda town. The injured Jani Pasha P.W. 1. Vishnu Kumar P.W. 2 and Srinivas P.W. 3 are friends of the deceased. There was a quarrel about two days prior to the incident in between the accused and the deceased and P.W. 3, On 18-4-1987 P. Ws. 1 and 3 on one cycle and the deceased and P.W. 2 on another cycle were going towards the Government...
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(1990)DMC486
Amareswari, J.1. The Civil Revision Petition is filed against the order of the learned Subordinate Judge, Pithapuram dated 20-2-1989 in O.P. No. 37 of 1988 striking out the defence and proceeding with the case.2. The simple facts are : The wife filed a petition O.P. No 37 of 1988 for restitution of conjugal rights. Pending the main petition, she filed I.A. No. 298 of 1988 for interim maintenance on the ground that she was poor and unable to maintain herself. After hearing both sides, the petition was allowed on 15-12-1988. The said order has become final as no appeal has been filed. Thereafter, the main case was posted for enquiry.3. On 17-2-1989 when the case was posted for trial, the husband was absent and he was set ex parte. Till then not a pie was paid towards maintenance. The learned trial judge struck out the defence of the respondent and posted the case for evidence of the wife. It is the validity of this order that is challenged in this Civil Revision Petition.4. The learned C...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1990AP100
ORDER1. The Petitioner had produced a film titled 'SEX VGYAN' (Sex Education) and applied on Sept., 18, 1987 to the Addl. Regional Officer, Central Board of Film Certification, at Hyderabad (4th respondent) for certification under S. 5-A of the Cinematograph Act (Act 37 of 1952) for short, 'the Principal Act'. The Examining Committee met on Oct., 28, 1987 and on preview, recommended to grant 'A' Certificate to the film with 13 cuts. On its placement before the Chairman on consideration of the material, he exercised suo motu power and referred to the Revising Committee which saw the film at Bombay on November 18, 1987. All the eight members unanimously recommended that the film in its present form be refused certification and on appeal, the Film Certification Appellate Tribunal confirmed it after seeing the film on February 5,1988 and hearing the Counsel. The petitioner is assailing the legality of refusal to grant 'A' Certificate (fit for exhibiting the film to the Adults).2. The film ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1990CriLJ96; I(1991)DMC366
ORDER1. This revision petition is filed by the Husband against the order of the II Addl. Judicial. Magistrate of First Class, Nellore dismissing the petition filed by him to cancel the maintenance granted to the wife. The court below has dismissed the petition to the extent of cancellation of maintenance to the wife, however, allowed the petition to the extent of cancellation of maintenance to the child. Aggrieved by the cancellation of maintenance to the child, Criminal Petition No. 1079 of 1989 is filed to quash the said order. 2. The facts of the case are that the petitioner married the respondent No. 1 in the year 1971. Thereafter there arose disputes between them. Therefore the wife and child filed M.C. No. 71 of 1986 (sic) claiming maintenance and a monthly maintenance of Rs. 205/- was granted to both of them together. Thereafter the petitioner filed Criminal Petition No. 39/79 to modify the above maintenance and the maintenance amount was modified granting Rs. 90/- to the wife a...
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