Andhra Pradesh Court August 1991 Judgments
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S. Nagendran Vs. Government of India, Ministry of Defence and ors.
Court: Andhra Pradesh
Decided on: Aug-30-1991
Reported in: (1992)IILLJ559AP
ORDER1. This writ petition was filed for the issuance of a writ of certiorari to call the records relating to the order of the first respondent in Order No. 6 (181)/88/D (A6) dated December 15, 1988 and to quash the same. In and by the terms of the impugned order, the petitioner was dismissed from the service forthwith. The said dismissal order was questioned by the petitioner in this writ petition. 2. The relevant facts as follows : The petitioner was selected by the third respondent and appointed as Captain in Army Medical Corps in a permanent commissioned post. He joined the duty on August 12, 1979 as Doctor in 16-Medical Battalion, C/o. 56. A.P.O., and posted at Jummadpur, Jammu & Kashmir State. During his service, he was granted two years study leave for prosecuting his Post-Graduate Study in M.D.-Psychiatrist at Armed Forces Medical College, Pune during the period from 1983 to 1985. According to the petitioner, while prosecuting his P.G. Studies, he married one Nirmala as per Hin...
Major S. Nagendran Vs. Government of India, Ministry of Defence, Rep. ...
Court: Andhra Pradesh
Decided on: Aug-30-1991
Reported in: 1991(3)ALT271; (1992)IILLJ559AP
ORDERP.L. Narasimha Sarma, J.1. This writ petition was filed for the issuance of a writ of certiorari to call for the records relating to the order of the first respondent in Order No. 6 (181)/88/D(A6) dated 15-12-1988 and to quash the same. In and by the terms of the impugned order, the petitioner was dismissed from the service forthwith. The said dismissal order was questioned by the petitioner in this writ petition.2. The relevant facts are as follows:The petitioner was selected by the third respondent and appointed as Captain in Army Medical Corps in a permanent commissioned post. He joined the duty on 12-8-1979 as Doctor in 16-Medical Battallion, C/o. 56. A.P.O., and posted at Jummadpur, Jammu & Kashmir State, During his service, he was granted two years study leave for prosecuting his Post Graduate Study in M.D. - Psychiatrist at Armed Forces Medical College, Pune during the period from 1983 to 1985. According to the petitioner, while prosecuting his P.G. Studies, he married one ...
The Excise Superintendent and ors. Vs. Shalini Beer and Wines Rep. by ...
Court: Andhra Pradesh
Decided on: Aug-30-1991
Reported in: 1991(3)ALT292
V. Sivaraman Nair, J.1. Respondents in W.P.No. 12176/89 are the appellants in this Appeal. The learned Single judge allowed the writ petition and directed refund of countervailing duty and import fee by the end of February, 1991, failing which the amount was to carry interest at 9% from 1-3-1991. Appellants challenge the correctness of the above judgment.2. The facts involved are briefly as follows: We will refer to the parties as they appeared in the writ petition.Petitioner was holding a licence for wholesale distribution of alcoholic liquors at Karimnagar in the State. He applied for five import permits for import of U.B. Export Lager Beer from M/s. Indo Lowenbraw Breweries, Faridabad, and obtained permit Nos. 39 to 43. He could utilise only one of the permit Viz., No. 39 dt. 4-2-88 by importing 7800 BLs of beer. Since he could not import liquor under the other permits viz., 40 to 43, he applied for their extension and revalidation. Even during that period he could not import the li...
T. Ravindra Kumar Reddy Alias Ravindra Reddy Vs. P. Chenga Reddy
Court: Andhra Pradesh
Decided on: Aug-29-1991
Reported in: 1991(3)ALT129
ORDERRanga Reddy, J.1. This revision petition is filed by the 3rd defendant in O.S.No. 187 of 1988 on the file of the Subordinate Judge, Tirupati against the judgment and decree in C.M.A.No. 64/88 on the file of the III Additional District Judge, Chittoor reversing the order of the Subordinate Judge made in I.A. No. 949/88 in O.S.No. 187/88.2. The respondent herein filed a suit in O.S.No. 187/88 on the file of the Subordinate Judge, Tirupati for declaration of title and injunction in respect of certain lands against the petitioner (D-3) and some others. Along with that suit he filed I.A.No. 949/1988 for grant of temporary injunction in respect of the same properties till the disposal of his suit. Ex-parte interim injunction was granted and later, after receiving counters and hearing both sides the interim injunction was vacated by an order dated 14-10-1988 in respect of item No. 1 of plaint schedule, holding that the 3rd defendant who is the petitioner herein is in possession and enjoy...
The Senior Food Inspector, Ananthapur Vs. Ravuru Subbaiah
Court: Andhra Pradesh
Decided on: Aug-28-1991
Reported in: 1991(3)ALT394; 1992CriLJ2289
1. These appeals are preferred by the State against the acquittal of the accused charged for offences committed by them under the provisions of the Prevention of Food Adulteration Act by various First Class Magistrates. 2. In all these cases the Food Inspectors of their respective Municipalities had launched prosecution against the accused-respondents for certain offences committed under the provisions of the Prevention of Food Adulteration Act (for short 'the Act'). In all these cases, the trial Courts acquitted the accused on the ground that the sanctioning authority has not applied its mind for according sanction for launching prosecutions by following the provisions of S. 20(1) of the Act. Hence the appeals by the State. 3. The crucial point that arises for consideration in these appeals is whether the consent order has been issued by the competent authority after perusing the Public Analyst's report and the detailed report of the Health Officer of the respective Municipality for l...
Nali Balaiah Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Aug-28-1991
Reported in: 1992CriLJ423
M.N. Rao, J.1. On 23rd April, 1991, the Collector and District Magistrate, Kurnool passed an order in Rc. Cl. 1178/M/91 in exercise of his powers under sub-sec. (2)(a) of S. 3 read with S. 3(1)(a) of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act VII of 1980) directing detention of one Nali Balaiah, a businessman of Veldurthi village, Kurnool District, for a period of six months, after being satisfied that the detention was necessary in order to prevent the said Balaiah from further acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community. The detention order recites that the detaining authority (second respondent) received credible information that Balaiah taking advantage of the Gulf crisis : '........ indulged in clandestine trade by hoarding huge stocks of 2,225 quintals of Groundnut pod and 464 quintals of Groundnut seed in authorised and unauthorised godowns of Sri Venkateswara ...
Abdul Razak Alias Raja Vs. Superintendent, Central Prison, Visakapatna ...
Court: Andhra Pradesh
Decided on: Aug-28-1991
Reported in: 1991(3)ALT333; 1992CriLJ1261
ORDER1. The petitioner was convicted in various cases for various offences by different Courts. Now he filed this petition praying this Court that the sentence of two year in C.C. Nos. 312 of 1989 and 424 of 1989 on the file of the XXI Metropolitan Magistrate, Hyderabad, may be directed to run concurrently with the sentence in C.C. Nos. 92 of 1986 and 93 of 1986 on the file of the II Additional Munsif Magistrate, Tirupati. 2. In support of his plea the petitioner garnered support of a decision of a Division Bench of this Court reported in V. Venkateswarlu v. State of A.P., 1987 Cri LJ 1621. After referring to a Full Bench decision of the Allahabad High Court reported in Mulatin Singh v. State, 1974 Cri LJ 1397 wherein certain guidelines were laid down, Jayachandra Reddy J. (as he then was) speaking for the Bench observed. 'The High Court, while exercising its revisional jurisdiction suo motu or in exercise of its inherent power under S. 482, can direct the sentence to run concurrently ...
M. Bhagwanth Reddy Vs. the Andhra Pradesh Agriculture University Repre ...
Court: Andhra Pradesh
Decided on: Aug-28-1991
Reported in: 1991(3)ALT312
ORDERParvatha Rao, J.1. The petitioner in this Writ Petition was appointed as Feildman in the department of Agriculture of the erstwhile Hyderabad State on 15-7-1952. In the year 1963, the Andhra Pradesh Agricultural University (the 1st respondent herein) was established under the Andhra Pradesh Agricultural University Act, 1963 (hereinafter referred to as 'the Act') and the petitioner was allotted to the Agricultural University on the transfer of the research wing of the Agriculture Department to the 1st respondent as the petitioner was working at that time in the said research wing. In the 1st respondent-University, the post of Fieldman was re-designated as the post of Sub-Assistant. Sub-Assistants were eligible for promotion as Agricultural Assistants on selection basis and Fieldman in the Government service were eligible for promotion as Assistant Agricultural Officers at that time. As the petitioner found that the promotional opportunities to the post of Agricultural Assistant in ...
Mukhera Belakota Reddi Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-26-1991
Reported in: 1992CriLJ2236
1. These two Criminal Appeals are interconnected and so, they are disposed of by this common judgment. 2. Criminal Appeal No. 846/90 was filed by the sole accused in Session Case No. 123/89 against his conviction u/S. 376 of the Indian Penal Code, and sentence of ten years Rigorous Imprisonment. He was charged for committing the offences punishable under Ss. 376, 302 and 201 of the Indian Penal Code. In respect of charges u/Ss. 302 and 201, IPC, he was acquitted by the learned Sessions Judge. Criminal Appeal No. 369 of 1991 was preferred by the State against that acquittal. 3. The version of the prosecution as to how the crime in question was committed, in brief, is as follows : The deceased Tulisamma, aged about 27 years, was the wife of P.W. 1 Boggula Jamala Reddy, who is a resident of Takkellapadu village. The accused Balakoti Reddy also belongs to the same village. Their houses are situated in the weaker sections colony of the village. The accused had two children and, the deceased...
Techno Pack Private Ltd. Vs. Union of India
Court: Andhra Pradesh
Decided on: Aug-26-1991
Reported in: 1992(57)ELT534(AP)
ORDERS.C. Pratap, C.J.1. Hearing counsel on either side and considering all such facts and circumstances to which our attention was drawn and, in particular, carefully going through Division Bench Judgment dated 26th February, 1991 in the earlier Writ Petition No. 9382 of 1990 filed by the present writ petitioners, we see no merits in this fresh writ petition. 2. The Superintendent of Central Excise, I.E. Range, Visakhapatnam issued show cause notice on 17th November, 1983 in exercise of his power under Section 11A of the Central Excises and Salt Act (hereinafter referred to as 'the Act'), calling upon the first petitioner to show cause why an amount of Rs. 33,87,138.13 should not be collected from it towards the basis excise duty and 5% of special excise duty on the basis excise duty for the period 23rd October, 1977 to 22nd October, 1982. Considering the reply to the said notice and after personal hearing, the Assistant Collector of Central Excise, Visakhapatnam Division-II, passed h...
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