Andhra Pradesh Court March 1991 Judgments
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Shaik Shikinder Vs. the Govt. of A.P., Rep. by Its Secretary, Home Dep ...
Court: Andhra Pradesh
Decided on: Mar-13-1991
Reported in: 1991(1)ALT563
ORDERRamanujulu Naidu, J.1. This is a petition filed under Article 226 of the Constitution of India for issue of a writ of Habeas Corpus to produce before this Court the body of the petitioner, hereinafter referred to as the detenu, after quashing the order dated 6th January, 1991 passed by the Second Respondent directing detention of the petitioner in the District Jail, Secunderabad, for a period of six months initially in exercise of the powers conferred upon him under Section 3 (1) of the A.P. Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act 1 of 1986, hereinafter referred to as the Act, read with G.O. Rt. No. 4647, General Administration (General-A) Department, Government of A.P. dated 21st December, 1990 and to set him at liberty forthwith. The impugned order of datention reads that with a view to preventing the detenu from committing dangerous activities which are prejudicial to the maintenance o...
Coromandel Fertilisers Ltd. Vs. the Commercial Tax Officer (Ofa), Punj ...
Court: Andhra Pradesh
Decided on: Mar-12-1991
Reported in: [1992]85STC552(AP)
Yogeshwar Dayal, C.J. and Upendralal Waghray, J. 1. The controversy in this case is similar to the one in W.P. No. 4991 of 1988 [Reported as Fertiliser Corporation of India Ltd. v. Commercial Tax Officer [1991] 83 STC 129 (AP)] decided today but the assessment here is under the Central Sales Tax Act, 1956, in respect of inter-State sales. The definitions of the words 'sale price' under section 2(h) and 'turnover' under section 2(j) of the Central Sales Tax Act are as follows : 'Sale price' means the amount payable to a dealer as consideration for the sale of any goods, less any sum allowed as cash discount according to the practice normally prevailing in the trade, but inclusive of any sum charged for anything done by the dealer in respect of the goods at the time of or before the delivery thereof other than the cost of freight or delivery or the cost of installation in cases where such cost is separately charged;' ''turnover' used in relation to any dealer liable to tax under this Act...
Fertiliser Corporation of India Ltd. Vs. Commercial Tax Officer (Ofa), ...
Court: Andhra Pradesh
Decided on: Mar-12-1991
Reported in: 1991(2)ALT476
Yogeshwar Dayal, C.J. and Upendralal Waghray, J.1. We have heard a batch of writ petitions in which a common question is raised, viz., exigibility to Andhra Pradesh Sales tax of the amount received by a manufacturer of fertilizer from the pool regulated by the Central Government as subsidy. The controversy is subject-matter of assessments from 1982-83 onwards of several manufacturers in the State, many of whom are Central Government undertakings and the facts necessary for a decision of the controversy are not in dispute and assessment in each case has resulted in a demand for several lakhs of rupees in each year affecting the liquidity of manufacturers of an essential commodity. It is states that the appellate authorities have declined stay and the collection has been stayed only because of the interlocutory orders of this Court. In these circumstances, we have considered it appropriate to decide this controversy in the writ petition itself. We have heard the counsel for the petitione...
Nadigadla Ananda Rao Vs. the State Represented by the District and Ses ...
Court: Andhra Pradesh
Decided on: Mar-12-1991
Reported in: 1991(2)ALT18
ORDERN.D. Patnaik, J.1. The petitioner who is one of the accused in Crime No. 104/85 of I Town Police Station, Vizianagaram, was given pardon and taken as approver. The other accused were tried in Sessions Case No. 38/86 in the Court of the Sessions Judge, Srikakulam, and during the trial, the petitioner was examined as PW 6. He has resiled from the earlier statement made by him before the Magistrate by whom the pardon was tendered to him. Therefore, on a certificate issued by the Public Prosecutor, he was tried for the main offence in Sessions Case No. 25/89 in the Court of the Sessions Judge, Srikakulam and was acquitted in that case. While acquitting the accused, the learned Sessions Judge passed an order directing that he shall be prosecuted Under Section 193, IPC for giving false evidence and filed a complaint to that effect in the Court of the First Additional Judicial First Class Magistrate, Srikakulam, but the learned Magistrate had taken cognizance as C.C. No. 180/90. In this ...
Vunnam Lakshminarayana Vs. State Inspector of Police, Narasaraopet
Court: Andhra Pradesh
Decided on: Mar-11-1991
Reported in: 1991(2)ALT1; 1992CriLJ334
1. This appeal is filed by the convicted accused against the conviction and sentence in S.C. No. 433/89 on the file of the Addl. Asst. Sessions Judge, Narasaraopet. The appellant-accused was tried for an offence u/S. 376, I.P.C. on the allegation that on 12-5-88 at about 4 p.m. he raped P.W. 2 Gurram Murthamma, a girl aged about 10 years when she was in her Pillipesara crop land of her village. The court found the accused guilty of the offence u/S. 376 IPC and sentenced him to suffer R.I. for 7 years and to pay a fine of Rs. 100/- and in default to suffer S.I. for 30 days. Aggrieved by the conviction and sentence he filed the present appeal. 2. The facts leading to the present appeal are as follows : P.W. 2 G. Murthamma is the daughter of P.W. 1. On the fateful day i.e. on 12-5-88 P.W. 2 was sent to the fields to watch the crop of Pillipesara. While she was in the Pillipesara crop, the accused V. Lakshminarayana came to that place and committed rape on the girl. After raping her the ac...
State of Andhra Pradesh Vs. Kavali Venkata Ramanaiah and Sons
Court: Andhra Pradesh
Decided on: Mar-11-1991
Reported in: [1993]89STC175(AP)
Yogeshwar Dayal, C.J. and Upendralal Waghray, J.1. The question before the Tribunal was whether the watery coconuts came under entry No. 5 of the Third Schedule or they are covered by residuary entry No. 10 of the Second Schedule Entry No. 5 of the Third Schedule before amendment read as follows : '5. Coconuts (i.e., copra At the point of last 4 paise inexcluding tender coconuts) purchase in the State. the rupee.'(cocos nucifera)2. This entry was amended with effect from August 1, 1986, by excluding the words 'copra' and adding another entry 5-A mentioning 'copra'. By the amendment it is clear that coconuts other than tender coconuts and copra are part of the Third Schedule. This Schedule consists of declared goods under the provisions of section 14 of the Central Sales Tax Act, 1956, and are common throughout India and more than 4 per cent. tax could not be levied. 3. The bifurcation of entries 5 and 5-A is, in fact, clarificatory and this was the position even under the old entry 5. ...
B. Sreenivasulu and ors. Vs. the Commissioner, Ananthapur Municipality ...
Court: Andhra Pradesh
Decided on: Mar-11-1991
Reported in: 1991(2)ALT142
ORDERRadhakrishna Rao, J.1. In all these writ petitions a common question arises for resolution and hence they may be disposed of by a common order. 2. The Anantapur Municipality, issued a separate notice to each of the petitioners on 21-1-1988 purporting to be Under Sections 192, 193 and 336 of the A.P. Municipalities Act, directing the petitioners to vacate the premises which they are occupying within one week from the date of receipt of the said notice on the ground that they have occupied the road margin without any permission from the Municipality and further their unauthorised occupation is causing much inconvenience to the general public. 3. Interim stay of eviction has been granted in all these writ petitions. The 1st respondent Municipality filed the counter. The owner of the land who is having the land by the side of the road margin and who has an approved lay-out even in the year 1981 filed applications in each writ petition to implead himself as the 2nd respondent. Those WP...
Dr. K. Panduranga Rao, Asst. Professor of Surgery, Osmania Medical Col ...
Court: Andhra Pradesh
Decided on: Mar-08-1991
Reported in: 1991(1)ALT565
ORDERIyyapu Panduranga Rao, J.1. W.P. No. 458 of 1991 is filed for the issuance of a writ of mandamus declaring that the two seats available in super speciality course of D.M. Gastro Enterology in Osmania Medical College, Hyderabad are reserved for the local candidates of the local area of Osmania University, Hyderabad and consequently declaring that the admission of the respondent No. 3 to one of the two seats in the said course in Osmania Medical College, Hyderabad for 1990-91 is illegal and liable to be cancelled and directing respondents 1 and 2 to admit the petitioner one of the two seats of D.M. Gastro Enterology in Osmania Medical College, Hyderabad for 1990-91.2. Writ Petition No. 453 of 1991 is a similar writ petition directed for the issuance of a writ of mandamus to the respondents declaring that the two seats available in the super speciality course in M.Ch. Genito Urinary Surgery (hereinafter referred to as 'Urology') in Osmania Medical College, Hyderabad are reserved for ...
Pujjuru Suryanarayana Vs. Union Bank of India, Rep. by Its Branch Mana ...
Court: Andhra Pradesh
Decided on: Mar-07-1991
Reported in: 1991(2)ALT361
ORDERP. Laxmi Narasimha Sarma, J.1. This revision is filed against the order of the learned I Additional District Munsiff, Vijayawada, in E.P. No 145 of 1987 dated 12th July, 1989. whereby the execution petition filed by the bank-decree-holder for attaching the properties of the Judgment-debtor and to issue arrest notice was allowed. 2. The first judgment-debtor is the petitioner in this revision. The bank-decree-holder filed O.S. No. 2711 ofl973 for foreclosure of the mortgage created in its favour by the defendants by deposit of title deeds. In the mortgage suit, a preliminary decree was passed on 27th July, 1974, under the provisions of Order XXXIV CPC. Subsequently, the decree-holder-bank filed I. A. No. 1037 of 1981 to condone the delay in filing the application for passing of the final decree. The same was dismissed by the court and it has become final. The fact remains that no final decree is passed in the mortgage suit in favour of the decree-holder according to the provisions ...
Vedala Tathacharyulu Vs. the Govt. of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Mar-06-1991
Reported in: AIR1992AP16
ORDER1. Petitioner is one of the hereditary trustees of Sri Ranganayakaswami temple at Peddavaram in Guntur District. He assails an order dt. 11-6-90 issued by the 2nd respondent Commissioner of Endowments, under Section 29(3) of the A. P. Charitable and Hindu Religious Institutions and Endow-ments Act, 1987 (Act 30 of 1987) hereinafter referred to as the 'Act', appointing 16 temple clerks as Executive Officers in the proposed III Grade (presently IV and V Grades). The 4th respondent is one of the 16 promotees. The 2nd respondent directed the 3rd respondent to post the 16 promotees to various institutions. Petitioner submits that the Commissioner has no jurisdiction under Section 29 of the Act, to appoint Executive Officers. He therefore challenges the order of the 2nd respondent dt. 11-6-90.2. Pursuant to the above order, the 3rd respondent gave posting orders in his proceedings dt. 28-6-90 to the above promotees. He posted the 4th respondent as Executive Officer in Sri Ranganayakaswa...
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