Andhra Pradesh Court March 1991 Judgments
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K. Venkatanarayana Vs. the Divisional Forest Officer Eluru
Court: Andhra Pradesh
Decided on: Mar-28-1991
Reported in: AIR1992AP217; 1991(2)ALT103
ORDER1. The Divisional Forest Officer, Eluru, had issued a 'Short Sale Notice' of minor Forest produce of Eluru Forest Division for sale of usufruct of cashew-nut lease units, for the year 1991 at 11.00 a.m. on 12-12-1990. Petitioner was the successful bidder for the year 1989-90. The sale was to be conducted publicly. Petitioner and 13 others are alleged to have participated in the sale. The bid was knocked down in favour of the petitioner for Rs. 73,000/- for item No. 5 and Rs. 33,000/- for item No. 6, since he was the highest bidder. He had deposited an amount of Rs. 33,000/-. The balance amount due out of the total bid amount of Rs. 1,06,000/- was to be paid after further instructions. On 5-1-1991 petitioner received a resale notice dt. 28-12-1990 for the same items, which are however renumbered as Items Nos. 2 and 3, instead of 5 and 6. The sale was proposed to be conducted on 17-1-1991. Petitioner filed W.P. No. 350/91 and the same was allowed on 26-2-1991. Thereafter, the respon...
Miss. T. Pavani and ors. Vs. the Vice Chancellor, Osmania University a ...
Court: Andhra Pradesh
Decided on: Mar-27-1991
Reported in: 1991(2)ALT108
ORDERSyed Shah Mohammed Quadri, J.1. These writ petitions raise a common question, namely, whether the respondents 1 and 2 are bound to implement G.O.Ms. No. 172 dt. 11-5-1989 and provide 30% reservation for women candidates for admission in First Year LL.B. Course in the academic year, 1990-91, so these writ petitions are heard together and are being disposed of by a common judgment. 2. In exercise of the power conferred by Sub-section (1) of Section 3 read with Section 15 of the Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 (for short 'the Act'), the Governor of Andhra Pradesh issued the Andhra Pradesh Institutions of Law (Regulation of admissions into courses in Law through Common Entrance Test) Rules, 1989, (for short 'the Rules'). These rules apply to all the colleges including those established and administered by the minority communities, imparting legal education. Rule 10 of the said rules provides for reservation...
A. Krishnaiah and ors. Vs. Government of Andhra Pradesh, Repd. by Secr ...
Court: Andhra Pradesh
Decided on: Mar-27-1991
Reported in: 1991(3)ALT226
Jagannadha Rao, J.1. These two writ petitions relate to acquisition of land for purposes of the Tirumala Tirupathi Devasthanams (hereinafter called 'the TTD) on the Tirumala Hills immediately adjacent to the main temple and close to the queue complex which has been built by the T.T.D. investing several crores of rupees. The land and buildings sought to be acquired are in South Mada Street, Tirumala. In W.P.No. 2631/1986, the petitioners claim a writ of mandamus, declaring the notification issued under Section 4(1) of the Land Acquisition Act (for short 'the Act') dated 25-5-1985 issued in G.O.Ms.No. 605, Revenue (Endts.III) Department (Published in the Newspaper dated 23-6-1985) to be invalid. They also seek a declaration that the subsequent declaration made by the Government under Section 6 of the Act (Published in the Newspaper dated 27-2-1986) is also illegal. The buildings which are concerned, bear Door No. 10/42 to 10/52 in Ward No. 3 Block-H, in T.SNo. 14/ 2 of Tirumala Hills. In...
G. Negeswara Rao Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Mar-26-1991
Reported in: [1991]191ITR515(AP)
A. Lakshmana Rao, J. 1. The petitioner is not present, nor is he represented by any counsel. Heard learned standing counsel for the Income-tax Department appearing for the respondent. 2. The assessee is an individual deriving agricultural income as a protected tenant. The State Government acquired the lands which were in his possession as a protected tenant and an award was passed on March 26, 1973. On a reference made to the City Civil Court, Hyderabad, the compensation was enhanced and interest was directed to be paid from the date of acquisition till the payment of compensation. On further appeal by the State Government, this court reduced the quantum of compensation, but confirmed the direction relating to payment of interest. The Income-tax Officer made the assessment on the entire interest relying on the decision of this court in CIT v. Smt. Sankari Manickyamma : [1976]105ITR172(AP) . On appeal, the Commissioner of Income-tax (Appeals) confirmed the decision of the assessing auth...
The Hindustan Oil Mills Ltd. and anr. Vs. the Special Deputy Collector ...
Court: Andhra Pradesh
Decided on: Mar-26-1991
Reported in: 1991(2)ALT101
P.L. Narsimha Sarma, J.1. This revision is filed by the claimants questioning the order of the learned Additional Chief Judge, City Civil Court, Hyderabad refusing to grant additional benefits with regard to solatium, interest and also the benefits Under Section 23(1A) of the Land Acquisition Act as amended by Act 68/84. The learned Judge referred to the fact that the award of the Land Acquisition Officer was dt. 9-3-64, and the award of the Civil Court on reference Under Section 18 of the Act was dt. 11-9-67 and held that in view of the fact that the awards of both the Land Acquisition Officer as well as the Civil Court are prior to 30-4-82, the claimants are not entitled to the benefits under the Land Acquisition Act as amended by Act 68/84. Questioning the said order, this revision is filed by the claimants. 2. The learned counsel for the claimants contended that in view of the Judgment in Hindustan Oil Mills Ltd. v. Special Deputy Collector (land Aacquisition), he is entitled to th...
T. Venkataratnam Naidu Vs. the Hyderabad Municipal Corporation
Court: Andhra Pradesh
Decided on: Mar-26-1991
Reported in: 1991(2)ALT532
Syed Shah Mohammed Quadri, J. 1. The petitioner purchased a house bearing No. 3-5-997, Narayanaguda, Hyderabad tinder a registered sale deed dated 12-3-1981 from its owner and possessor called Prakashbabu. He filed an application for mutation of his name in the municipal records Under Section 208 of the Hyderabad Municipal Corporation Act. It is stated that inspite of repeated requests mutation was not effected in the name of the petitioner. A notice was issued in the name of one Shiva Prasad for recovery of the tax for houses bearing door Nos. 3-5-997 and 3-5-998, Narayanaguda, Hyderabad, raising a demand of Rs. 17,266-50 and was served on the petitioner seeking recovery of the amount. The petitioner challenged the correctness of the said notice in this writ petition. 2. Sri Vinyakumar, the learned counsel for the petitioner, submits that when the petitioner filed an application for mutation of his name in the municipal records in respect of the house, the respondent ought to have mut...
The Secretary to Government Education Deptt., Govt. of A.P., Hyderabad ...
Court: Andhra Pradesh
Decided on: Mar-25-1991
Reported in: AIR1991AP311; 1991(2)ALT20
ORDERJagannadha Rao, J.1. This writ appeal is filed against the judgment of the learned single Judge in Writ Petition No. 1000 of 1990 dated 22-2-1991. The said order was modified by further order dated 11-3-1991. The appellants before us are the Secretary to Government, Education Department, Government of Andhra Pradesh, Hyderabad and the Director of School Education, Hyderabad. The 1st respondent is the writ petitioner viz., the Society for St. Ann's. Mchdipatnam. Hyderabad and the second respondent is the Registrar of Osrnania University. The writ petition was filed by the 1st respondent society for the issue of a writ of mandamus declaring the action of the respondents (the Secretary to Government, Education Department, Government of Andhra Pradesh, Hyderabad and the Director of School Education, Government of Andhra Pradesh) in not granting permission to star! the College of Education to the petitioner Society as being illegal, and arbitrary and for a consequential direction to gr...
Takkalapally Laxmamma Vs. Takkalapally Rangaiah and anr.
Court: Andhra Pradesh
Decided on: Mar-25-1991
Reported in: 1991(2)ALT334; 1992CriLJ266; II(1991)DMC628
ORDER1. This is a revision petition filed by the wife against the order of the Court below dismissing her petition filed under S. 125(3) of the Code of Criminal Procedure for recovery of the past maintenance for the period from 9-6-77 to 1-2-1988. 2. The brief facts necessary for disposal of this revision are : The wife filed a petition under S. 125, Cr.P.C. on 9-6-1977 seeking grant of maintenance. After contest the petition was allowed on 9-12-1968 granting the maintenance at Rs. 180/- per month from the date of application. That order has become final. In pursuance of this grant, the wife filed a petition under S. 125(3), Cr.P.C., on 9-1-1989 for execution of the maintenance order. The Court below holding that the wife is entitled to the maintenance from 1-2-1988 to 31-1-1989 (i.e., for twelve months) dismissed the said petition under S. 125(3), Cr.P.C. so far it relates to the period prior to 1-2-1988. Hence this revision. 3. Mr. Mahesh Narayan, the learned counsel for the petition...
The Divisional Forest Officer, Nandyal Division and anr. Vs. Co-op. La ...
Court: Andhra Pradesh
Decided on: Mar-25-1991
Reported in: 1991(2)ALT553
Sardar Ali Khan, J.1. This Writ Appeal has been preferred by the respondents in W.P. No. 10491 of 1986 assailing the order dt. 21-2-1989 passed by a learned single Judge in the said Writ Petition.2. The Writ Petition itself has been filed for issue of a writ mandamus directing the 1st respondent to release forthwith 1605 Bandi Tadakalu, 596 Bandi Jallalu, 42 Bendu Chapalu, seized from the members of the petitioner's society, and to pay a sum of Rs. 1 Lakh towards damages for the illegal and high-handed seizure of the above articles by the 1st respondent.It would be in the fitness of things to refer briefly to the allegations contained in the Writ Petition, which was filed by the Co-operative Labour Contract Society, Santhajutur, Nandyal Taluk, Kurnool District. The said society was formed under the Co-operative Societes Act in 1933. The members of the society are labourers belonging to Scheduled Tribes and Scheduled Castes and a few members belonging to Backward Class. In the year 1953...
L. Narayana Reddy and anr. Vs. the Canara Bank, Nawabpet Branch Rep. b ...
Court: Andhra Pradesh
Decided on: Mar-22-1991
Reported in: 1991(2)ALT582
ORDERParvatha Rao, J. 1. In this Civil Revision Petition the laconic order of the Subordinate Judge at Jangaon in I.A. No. 313 of 1990 in O.S. No. 31 of 1990 dated 25-10-1990 is questioned. That application was made by the 1st respondent herein under Order XXXVIII Rule 5 read with Section 151 C.P.C. to attach before judgment the petition schedule property of the petitioners herein who are the defendants in the suit and the Subordinate Judge allowed it by the following order :--'Heard. Interim conditional attachment & notice. Call on 21-11-1990'. The order does not give any reasons whatsoever. 2. The Subordinate Judge has failed to see that Rule 5 or any other Rule of Order XXXVIII does not provide for any interim conditional attachment. This is made clear by Seetharam Reddy,J. in Nullimarla Jute Mills Co. Ltd. v. Sree Mahaveer Rice and Oil Mills, : AIR1989AP214 as follows :- 'Under Rule 5 of Order XXXVIII no interim order is contemplated. However, the Legislature made a provision for c...
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