Andhra Pradesh Court January 1990 Judgments
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Kolloru Kantharao Vs. Tamana Narayana Murthy and Another
Court: Andhra Pradesh
Decided on: Jan-31-1990
Reported in: AIR1991AP24
ORDERAmareswari, J.1. This Civil Revision Petition raises an interesting question of law.2. The judgment-debtor is the petitioner. The 1st respondent obtained a money decree in O.S.No. 133 of 1974 on 28-8-1974 against the petitioner. During the execution proceedings in E.P. No. 40 of 1975, the judgment-debtor made some payments. Substantial amount of the decree stood undischarged. The properties of the judgment-debtor-peti-tibner were brought to sale and respondent No. 2 purchased the same for Rs. 14,000/-subject to a mortgage of Rs. 10,000/- with interest at Rs. 1-10 Ps. per month. Thejudg-ment-debtor filed E.A. No. 637 of 1977 under O. 21,R. 90, Civil Procedure Code for setting aside the sale and the same was dismissed on 29-10-1983 holding the sale as valid. The matter was carried in appeal in C.M.A. No. 72 of 1983 which was also dismissed. A further revision in C.R.P. No. 240 of 1985 to the High Court under S. 115 Civil Procedure Code met the same fate on 6-3-1985.3. Then there is ...
K. Mangamma and ors. Vs. M. Venkateswarlu and ors.
Court: Andhra Pradesh
Decided on: Jan-31-1990
Reported in: 1990(1)ALT560
N.D. Patnaik, J.1. The 6th respondent in this appeal filed a suit O.S.No. 234/71 for recovery of certain sum of money against the first respondent and his brother since deceased and obtained the decree in the year 1980. In execution of the said decree the property belonging to the judgment-debtor was attached. There were some claim petitions and all of them were dismissed. Ultimately the property was sold in the Court auction on 20-9-1984. The 7th respondent who is the husband of the 6th respondent is the auction purchaser. Then the judgment-debtor filed a petition to set aside the sale which was dismissed on 7-7-87 and C.M.A. in that was also dismissed on 25-4-88. It was stated that the Executing Court ordered the sale certificate to be issued on.2-4-85. While the matter was pending thus the Hindu Succession Act, 1956 was amended and Section 29-A was inserted whereby the daughters were also given rights in the co-parcenary property. Now, the daughters have filed the suit O.S.No. 278/8...
K. Pavithra Devi Vs. Collector and District Magistrate, Warangal and o ...
Court: Andhra Pradesh
Decided on: Jan-30-1990
Reported in: 1990CriLJ2457
Ramanujulu Naidu, J. 1. This writ petition is filed for issue of a writ of Habeas Corpus, quashing the order dated 16-9-1989, passed by the Collector and District Magistrate, Warangal, the first respondent-herein, directing detention of petitioner's husband in the Central Prison, Warangal in exercise of the powers vested in him under sub-section (2)(a) of S. 3 read with S. 3(1) of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as 'the Act'), and setting the petitioner at liberty. 2. On information received by the first respondent that Sri Kundaram Damodar, husband of the petitioner, hereinafter referred to as 'the detenu', had indulged in acts prejudicial to the maintenance of supply of the commodity, i.e., Kerosene, essential to the community by indulging in diversion of Kerosene meant for distribution to the Public in order to use the diverted Kerosene for adulterating High Speed Diesel, and in turn, sell the a...
State of Andhra Pradesh Vs. Nagarjuna Steels Limited
Court: Andhra Pradesh
Decided on: Jan-30-1990
Reported in: [1995]96STC451(AP)
B.P. Jeevan Reedy, J.1. It is found as a fact that the cold rolled steel strips manufactured by the petitioner were entirely out of the hot rolled strips which suffered tax in the State. Both the hot and the cold rolled strips fall under the same entry, namely, entry 2(iii) [2(vi) ?] of the Third Schedule to the Andhra Pradesh General Sales Tax Act, 1957. In the circumstances, the Tribunal was right in treating them as the same goods. 2. The tax revision cases are dismissed. 3. Petitions dismissed. ...
Golla Seetharamulu Vs. Golla Rathanamma and anr.
Court: Andhra Pradesh
Decided on: Jan-29-1990
Reported in: 1991CriLJ1533; II(1990)DMC257
1. Radhakrishna Rao, J. :- This is a petition filed under S. 482 of the Code of Criminal Procedure to quash the orders passed in Cri. Revision Petition No. 14 of 1987 on the file of the I Additional Sessions Judge, Kurnool. 2. The petitioner is the husband the respondent is the wife. The parties are Hindus and the marriage between them took place in the year 1963 at Tirupati according to Hindu religion and custom. Both lived together happily for about a period of three years. During that period they did not beget any children. In December, 1966 she went to her parents' house for Sankranti festival and the respondent made no attempt to take her back and from then onwards they started living separately. She got issued a notice on 18-7-1984 to pay a monthly allowance of Rs. 500/- per month but the husband never cared to take the notice and reply to it. Therefore, she filed a petition before the Addl. Judicial First Class Magistrate, Nandikotkur, under S. 125, Cr.P.C. claiming a maintenanc...
State of Andhra Pradesh Vs. Lakshmi Traders
Court: Andhra Pradesh
Decided on: Jan-29-1990
Reported in: [1991]80STC268(AP)
B.P. Jeevan Reddy, J.1. The assessee is a dealer in paddy and rice. Paddy is taxable at the point of first purchase in the State (vide item 21 of the Third Schedule), while rice is taxable at the point of first sale in the State (vide item 22 of the Third Schedule). Explanation III to the Schedule says : 'For the purposes of items 21 and 22, where a tax has been levied under this Act in respect of the sale or purchase inside the State of any paddy, the tax leviable on rice procured out of such paddy shall be reduced by the amount of tax levied on such paddy.' 2. The assessee herein purchases paddy and sells a part thereof to the Food Corporation of India, as required by the Control Orders, and the balance in open market. The assessing authority treated the assessment year as one unit and applied explanation III. His order was revised by the Deputy Commissioner, who was of the opinion that the sales to the Food Corporation of India must be treated separate from the open market sales eff...
Vijayalaxmi Printing Press Through Its Proprietor Anand Rao Vs. Nandul ...
Court: Andhra Pradesh
Decided on: Jan-25-1990
Reported in: 1991(1)ALT249
ORDERJagannadha Rao, J.1. This revision has come up before us upon a reference, for the purpose of clarifying whether anything said in the judgment of the Full Bench of this Court in Vidya Bai v. Shanker lal, : AIR1988AP184 , could be deemed to run counter to the decision of the Supreme Court in Padmanabha Setty v. Papiah Setty, : [1966]3SCR868 . The point arises in connection with a landlord, who is not in occupation of a non-residential premises of his own but who is conducting his business as a statutory tenant in a non-residential premises belonging to another person and as to whether he could, in such circumstances, be debarred from seeking possession of his own non-residential building in the occupation of a tenant. The reference has become necessary inasmuch as certain doubts have arisen as to whether the decision of the Supreme Court in Padmanabha Setty v. Papiah Setty (2 supra) continues to hold the filed or not.2. In the case before us, it is admitted that the respondent-land...
Dariboina Ramesh Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jan-17-1990
Reported in: II(1990)DMC465
Bhaskar Rao, J. 1. The appellant herein was convicted under Section 302 of the Indian Penal Code by the learned Sessions Judge, Visakhapatnam In Sessions Case No. 23 of 1987 on his file for causing the death of his wife, Syamala, hereinafter referred to as 'the deceased', by strangulating her with the wire of a table fan in the early hours of 4-9-1986 at Marripalem Visakhapatnam and sentenced to suffer imprisonment for life. He was also convicted by the learned Sessions Judge under Section 201 of the Indian Penal Code for causing disappearance of evidence and sentenced to suffer rigorous imprisonment for a period of two years. Both the sentences were however directed to run concurrently.2. The gravamen of the charge is that the accused-appellant killed his wife by strangulating her and thereafter burnt her body and suppressed the offence.3. The facts of the case are as follows : The accused is a resident of house No. 38-22-20/A, Green Gardens, Marripalem, Visakhapatnam. He was working ...
D. Venkata Rao and ors. Vs. Principal, D.A. Government Polytechnic, On ...
Court: Andhra Pradesh
Decided on: Jan-16-1990
Reported in: (1992)ILLJ651AP
ORDER1. The petitioners applied for Class IV employees posts to be appointed in the first respondent-Government Polytechnic. However, the first respondent insisted upon that the names of the petitioners will have to be sponsored by the Employment Exchange for the purpose of appointment. It is against that order a grievance is made by filing this petition seeking mandamus from his court directing the first respondent - authority to interview and appoint the petitioners without insisting upon their names being sponsored through the Employment Exchange. 2. The learned counsel for the petitioners Mrs. J. Chamanthi, relying on the provisions enacted under Section 3 of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959, contends that the Act is not applicable to the appointments to be made to do unskilled office work and, therefore, the insistence by the respondent-Polytechnic is contrary to the provisions enacted therein. I see substance in the contention. Indeed, no ...
G. Venkat Ram Reddy Vs. the State
Court: Andhra Pradesh
Decided on: Jan-09-1990
Reported in: 1990CriLJ2741
ORDER1. This Criminal Revision is preferred by the accused in S.C. No. 126 of 1985 on the file of the II Additional Metropolitan Sessions Judge. Hyderabad against order dated 22-12-1989 dismissing Crl.M.P. No. 819 of 1989. 2. On 5-12-1989 in Crl. M.P. No. 3803/89 this Court ordered that the Non-Bailable Warrant of arrest of the petitioner issued by the Court of the II Additional Metropolitan Sessions Judge, Hyderabad be recalled on condition of the petitioner executing a fresh bond for Rs. 5,000/- with two sureties, each in like sum, to the satisfaction of the II Additional Metropolitan Sessions Judge, Hyderabad and on his giving undertaking that he would co-operate with early disposal of the Sessions case which is of the year 1985. 3. Pursuant to the above order, it is stated, the petitioner executed a bond and produced two sureties viz., (1) Sri A. K. D. K. V. Prasad, working in H.M.T. drawing a monthly salary of Rs. 2,592-27 Ps. and (2) Sri S. Narasimha who is working as an employee...
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