Andhra Pradesh Court April 1991 Judgments
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Kodali Kumara Swamy and Others Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Apr-26-1991
Reported in: AIR1992AP170
ORDERSardar Ali Khan, J.1. Ninety private bus operators of Vijayawada have filed this writ petition for the issue of a writ of mandamus declaring that the petitioners are having fundamental rights under Art. 21 of the Constitution of India i.e., the right to live and to carry on their profession or occupation under Art. 19(1)(g) of the Constitution of India in running the stage carriage buses as per the original permits granted by the authorities on Vijayawada Town Service routes. They also seek a declaration that Section 99 of the Motor Vehicles Act, 1988 (Act No. 59 of 1988) is a fraud on the Constitution of India and seek a further declaration that the impugned notification, published in Deccan Chronicle English News-Paper Daily dated 9-2-1991 (bearing Memorandum No. 22/Tr.IV/90 dated 5-2-1991) cannot affect the fundamental right of the petitioners in carrying on their profession and occupation of running the buses. They also seek a declaration that the impugned noti-fication dated ...
R. Venkat Reddy Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Apr-26-1991
Reported in: 1991(2)ALT302; 1992CriLJ414
ORDER1. This is a revision filed by A-1 in C.C. No. 1/89 on the file of the Chief Metropolitan Magistrate, Hyderabad, against confirmation of his conviction under S. 193, IPC and sentence to suffer rigorous imprisonment for a period of three years and also to pay a fine of Rs. 3,000 by the Metropolitan Sessions Judge, Hyderabad. 2. The facts of the case as deposed to by the material prosecution witnesses are : The Deputy Superintendent of Police, Anti-Corruption Bureau Anantapur Range, filed complaint alleging that the 2nd accused, Raghava Rao, who, as submitted by the learned counsel for the petitioner herein, was acquitted by the Metropolitan Sessions Judge, Hyderabad, on a separate appeal filed by him, reported to the Inspector of Police, ACB at Anantapur on 14-11-1984 that one M. Narayana Reddy, S.I. of Police of Patnam Police Station, Kadiri Taluk was demanding a bribe of Rs. 2,000/- from him. It was also alleged by A-2 that the said sub-inspector also demanded Rs. 2,500/- towards...
Sooni Rustam Mehta and ors. Vs. Appropriate Authority, Income-tax Depa ...
Court: Andhra Pradesh
Decided on: Apr-26-1991
Reported in: 1991(2)ALT560; (1991)98CTR(AP)84; [1991]190ITR290(AP)
M. Jagannadha Rao, J. 1. The petitioners who claimed to be executors under the will of the late Mrs. Z. R. Ranji, have filed the present writ petition for the issue of a writ of mandamus directing the appropriate authority, Income-tax Department, Bangalore (1st respondent), directing him, (i) to make a declaration under section 269UH(2) of the Income-tax Act, 1961, that the order passed by him on February 16, 1990, stands abrogated with effect from April 1, 1990, and the property stands revested in the petitioners and to grant copies of the said order and also deliver back possession of the premises and further issue a certificate of no objection under section 269UL(3). 2. The following facts have to be stated : Mrs. Z. R. Ranji who is said to be the owner of the immovable property in Sardar Patel Road, Secunderabad, dies on October 29, 1988. It is said that she had executed a will on May 22, 1987, and appointed the petitioners as executors and had directed them to dispose of the prope...
Allwyn Employees Union Vs. Hyderabad Allwyn Ltd.
Court: Andhra Pradesh
Decided on: Apr-26-1991
Reported in: 1991(2)ALT278; 1991(2)ALT278; [1991(63)FLR573]; (1994)IIILLJ602AP; (1994)IIILLJ602SC
ORDERSivaraman Nair, J.1. Petitioner is one of the trade unions representing the employees of the 1st respondent Company. They seek the issue of a writ of mandamus restraining the 1st respondent from enforcing Circular No. PERS/GM(P) 2722 dated 26.2.1991 as illegal and invalid, The purport of the circular is to substitute 1st March, 1991 as paid holiday on account of 'Holi' in the place of 1st May, 1991. That substitution was made on the request of the Joint Secretary of the Hyderabad Allwyn Mazdoor Sangh. Petitioner submits that the company had declared four national holidays and four festival holidays as per its circular dt. 22.12.1990 and that the respondent company had no jurisdiction to make any alterations in the national holidays which statutorily prescribed under Section 3(1) of the A.P. Factories & Establishments (National, Festival and Other Holidays) Act, 1974, for short 'the Act'. On 28.2.1991 the petitioner Union requested that 1st of May may be retained as before as a pai...
K. Kumaraswamy and ors. Vs. State of A.P. Represented by Its Principal ...
Court: Andhra Pradesh
Decided on: Apr-26-1991
Reported in: 1991(2)ALT223
Sardar Ali Khan, J. 1. Ninety private bus operators of Vijayawada have filed this Writ Petition for the issue of a Writ of Mandamus declaring that the petitioners are having fundamental rights under Article 21 of the Constitution of India i.e., the right to live and to carry on their profession or occupation under Article 19(1)(g) of the Constitution of India in running the stage carriage buses as per the original permits granted by the authorities on Vijayawada Town Service routes. They also seek a declaration that Section 99 of the Motor Vehicles Act, 1988 (Act No. 59 of 1988) is a fraud on the Constitution of India and seek a further declaration that the impugned notification, published in Deccan Chronicle English News Paper Daily dated 9-2-1991 (bearing Memorandum No. 22/Tr. IV/90 dated 5-2-1991) cannot affect the fundamental right of the petitioners in carrying on their profession and occupation of running the buses. They also seek a declaration that the impugned notification date...
Mc Dowell and Co. Ltd. and ors. Vs. State of A.P. Represented by Its P ...
Court: Andhra Pradesh
Decided on: Apr-26-1991
Reported in: 1991(2)ALT207
ORDERSyed Shah Mohammed Quadri, J.1. For over a decade steps taken by the Government to regulate the movement of vehicles transporting liquor, which pass through the State of Andhra Pradesh, have been the subject matter of litigation. These steps are taken on the ground that in the guise of transporting liquor through the State of Andhra Pradesh, it is being smuggled in this State, thus causing loss of revenue to the State. Initially the Commissioner of Excise issued Circular No. CR. 41124/81/EX/G2, dated 30-8-1981 requiring the transporters to obtain transport permits from the Commissioner for that purpose. That circular was assailed in a batch of writ petitions in Brindco Sales Corporation v. Commissioner of Excise,( (1984)1 An. W.R. 393 : 1984(1) A.L.T. 4). Ramachandra Rao, J. (as he then was) allowed the writ petitions holding that none of the provisions of the Andhra Pradesh Excise Act or the Andhra Pradesh Foreign Liquor and Indian Liquor Rules, 1970 empowered the State Governmen...
Bharat Heavy Plate and Vessels Ltd. Rep. by Its Dy. General Manager, T ...
Court: Andhra Pradesh
Decided on: Apr-26-1991
Reported in: 1991(2)ALT639
P. Venkatarama Reddy, J. 1. Article 265 of the Constitution of India mandates that no tax shall be levied or collected except by authority of law The petitioners in these writ petitions complain that in violation of the said constitutional mandate, the respondents are seeking to collect land cess and education cess in addition to the non-agricultural land assessment or the lands held by the petitioners. 2. The petitioner in W.P. Nos. 12423/85 and 4964/90 is Bharat Heavy Plate and Vessels Ltd., which is an undertaking of the Government of India. It is stated that the petitioner-undertaking holds lands situate within the limits of four Gram Panchayats in Gajuvaka Mandal of Visakhapatnam District. The office building, factory, etc. of the petitioner are located therein. It is stated that the petitioner has been paying the non-agricultural land assessment under the provisions of the Andhra Pradesh Non-Agricultural Land Assessment Act, 1963 as per the demands raised by the concerned revenue...
Paidipati Dhanamma and ors. Vs. Motupalli Siva Rama Prasad
Court: Andhra Pradesh
Decided on: Apr-25-1991
Reported in: 1991(2)ALT580
ORDERM. Jagannadha Rao, J. 1. Two questions fall for consideration in this SR. The first question is whether a Letters Patent Appeal lies against an order passed by the learned single Judge directing that the appellants herein should pay additional court fee on the cross-objections which are filed in this First Appeal. The second question is as to the court fee payable in this L.P.A. against the above said order. So far as the firs question is concerned, the maintainability of the appeal has to be decided in the light of the principles laid down by the Supreme Court in Shah Bahulal Khimji v. Jayasen, : [1982]1SCR187 . The said judgment has been explained in detail in the recent judgment of this Court in Government of A.P. v. B. Sathaiah, : 1991(1)ALT496 , decided by us. There, we held that if the order of the learned single Judge is allowed to stand and if it would ultimately result in the dismissal of the appeal or cross-objections, then it would amount to a judgment. In Sathaiah's ca...
T. Deen Dayal Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Apr-24-1991
Reported in: AIR1991AP307; 1991(2)ALT373
ORDERJagannadha Rao, J.1. This order is being passed at the stage of admission.2. The petitioner, (Party-in-person), has filed this writ petition for the issue of a writ of Quo Warranto restraining the 6th respondent (Justice K. Jayachandra Reddi), the 8th respondent (Justice Yogeshwar Dayal) from being Judges of the Supreme Court of India and also the 9th respondent (Justice Subhash Chaganlal Pratap) from being the Chief Justice of the High Court of Andhra Pradesh.A consequential direction has also been sought for the issue of a direction to appoint the 5th respondent (Justice Raghuvir former Chief Justice of Assam) and the 7th respondent (Justice G. Ramanujulu Naidu senior-most Judge of Andhra Pradesh High Court as Judges of the Supreme Court of India.3. It is firstly contended that the 8th respondent should not have been appointed to the Supreme Court inasmuch as his tenure as Judge and Chief Justice of the Delhi High Court cannot be counted for purposes of Art. 124(3)(a) of the Con...
Syed Sadaq Ali and ors. Vs. the Government of Andhra Pradesh, Rep. by ...
Court: Andhra Pradesh
Decided on: Apr-24-1991
Reported in: 1991(2)ALT403
Jagannadha Rao, J.1. On an earlier occasion, after the publication of draft schemes Under Section 68-C of the Motor Vehicles Act, 1939 a batch of Writ Petitions W.P. Nos. 2763/90 etc. was filed on 6-3-1990, questioning the constitutional validity of the provisions of Chapter VI of the Motor Vehicles Act, 1988 and for a direction that the then Minister of Transport should not be allowed ' to hear the objections. Stay of publication of the approved scheme Under Section 100 (3) of the new Act was granted and ultimately, while the validity of the Act was upheld, this Court by judgment dated 6-11-1990 partly allowed that batch permitting fresh objections to be filed and the objections considered. Thereafter, the objections were considered, and approved schemes were published on 26-2-1990 (with errata on 27-2-1990). It is these approved schemes that are again questioned in this present batch of writ petitions. This time, no stay was granted and the writ petitions themselves are being dispose...
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