Andhra Pradesh Court March 1995 Judgments
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Avanti Business Machines Pvt. Ltd. Rep. by the Managing Director, K.R. ...
Court: Andhra Pradesh
Decided on: Mar-21-1995
Reported in: 1995(2)ALT623
Syed Shah Mohammed Quadri, J.1. This Writ Appeal is directed against the order of our learned brother P. Ramakrishnam Raju, J. passed in Writ Petition No. 16176 of 1994, dated 11-11-1994.2. The unsuccessful petitioner is the appellant. The Government decided to supply Pattadar Pass Books to the ryots duly laminating the first page of the said books. For that purpose, the 2nd respondent issued Tender Notice No. 4/94-95 / ROR-D, dated 3-6-1994 inviting tenders for the following:_____________________________________________________________________________________SI. Tender Notice number and E.M.D. to be Closing time OpeningNo. particulars of work deposited & date time & date_____________________________________________________________________________________1. (a) Flat rate (including all taxes) for Rs. 25,000 25-6-94 25-6-94each sheet of Polyester Co- 12.00 noon 12.00 noonpolymer heat realingfilm with 50 Microns (25 Microns polyester + 25 microne copolymer) with a size of 20 cms./17 cms....
B. Seenaiah Vs. Health University, Vijayawada and Others
Court: Andhra Pradesh
Decided on: Mar-20-1995
Reported in: AIR1995AP181; 1995(1)ALT638
ORDER1. Petitioner seeks a Mandamus or an appropriate direction to the second respondent to issue application forms for Part II, M.B.B.S. Examination enabling him to appear for the said examination and seeks a further direction to the second respondent to accept the said application forms and permit the petitioner to appear for Part II, M.B.B.S. Examination.2. petitioner is a student of first year M.B.B.S. Course having obtained provisio-nal admission in Osmania Medical College --second respondent herein against; a seat reserved for Scheduled Tribe Candidates. It is stated that having obtained provisional ad-mission in the first year M.B.B.S. Course the petitioner has been prosecuting his studies and has also appeared for Part I Examination in the month of November, 1994. The memorandum of marks was issued to him on 24-1-1995 by the Deputy Registrar (Examina-tions), University of Health Sciences, Vijaya-wada. It is stated that after one and half years course, the University of Health S...
K. Sai Reddy and Others Vs. Deputy Executive Engineer, Irrigation and ...
Court: Andhra Pradesh
Decided on: Mar-20-1995
Reported in: AIR1995AP208; 1995(1)ALT673
ORDER1. When this case was heard, the caution noted by Lord Hewart in his book 'The New Despotism' (1929) that bureaucracy had become true rulers, of the country and which caution led to several reforms in the Administrative Law of England, loomed large in the mind of the Court. With the advent of the Indian Constitution, the Indian people thought that (heir person and property are protected and they can be deprived only in accordance with law. That constitutional belief has been belied by the bureaucrats in this case. This case highlights how irresponsible bureaucrats who are meant to respect and implement the law do something in utter violation of the law and the Constitution and sit quite comfortably without least botheration to introspect their illegal actions and undo the thing which ought not to have been done.2. The petitioners 9 in number are joint pattedars of 15 acres 13 guntas of wet agricultural land comprised in Survey Nos. 630, 631, 632, 633, 646 and 647 of Rampally Diara...
Kompally Ashok Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-20-1995
Reported in: 1995CriLJ2861
B.S. Raikote, J.1. This appeal is preferred by the 1st accused/Kompally Ashok being aggrieved by the Judgment, conviction and sentence passed by the Sessions Judge at Nizamabad, dated 12-5-1994, in Sessions Case No. 295 of 1992. 2. It is to be noted at this stage itself that the prosecution was launched against the accused Nos. 1 and 2 viz., Kompally Ashok and Kompally Purushotham. The 2nd accused being acquitted, it is the 1st accused who preferred this appeal. 3. Accused Nos. 1 and 2 were tried for the following charges :- (1) U/Ss. 302 r/w. 34, IPC against both the accused. Accused No. 1 was convicted for the offence under Section 302, IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 500/- and in default to suffer SI for six months. 2nd accused is acquitted. (2) U/S. 324, IPC against 1st accused for causing hurt to PW2/Bommera Narsaiah. Accused No. 1 was found guilty of the same and convicted and sentenced him to suffer RI for one year. (3) U/S. 324, I...
Commissioner of Income-tax Vs. Telangana Spinning and Weaving Mills Lt ...
Court: Andhra Pradesh
Decided on: Mar-20-1995
Reported in: [1996]218ITR342(AP)
Syed Shah Mohammed Quadri, J. 1. On the application of the Revenue, filed under section 256(1) of the Income-tax Act, 1961 (for short, 'the Act'), the Income-tax appellate Tribunal referred the following question of law to this court, viz : '(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in law in holding the credit balance of Rs. 23,32,377 appearing on the liabilities side of the balance-sheet of the distillery unit of the assessee should not be deducted in computing capital for purposes of allowing deduction under section 80J in the case of the assessee for the assessment year 1981-82 (2) Whether, on the facts and in the circumstances of the case, the Income-tax appellate Tribunal ought to have held that the capital employed in the distillery unit of the assessee should be computed after ascertaining the amount of borrowed funds diverted by the head office to the distillery unit of the assessee and deducting such borrowed ...
Battarusetti Chenna Kesavarao and ors. Vs. Government of Andhra Prades ...
Court: Andhra Pradesh
Decided on: Mar-20-1995
Reported in: 1995(2)ALT282
ORDERA. Gopal Rao, J.1. These Writ Petitions are filed by the Government Pleaders and the Assistant Government Pleaders in the District, for issuing a Writ of Mandamus declaring the respective Government Order issued by the respondent-Government of Andhra Pradesh, terminating their services even before expiry of their term of office, as arbitrary, illegal and violative of the principles of natural justice. 2. At the stage of admission itself, the learned Counsel appearing for the petitions in all these writ petitions as well as the learned Advocate-General appearing for the respondents have made their submissions at length. After the arguments are concluded, both sides represented that the main writ petitions may be decided on merits, at this stage, considering the submissions made by them respectively. Therefore, the main Writ Petitions are being disposed of by this common order. 3. Petitioners in these Writ Petitions were appointed as Government Pleaders or Assistant Government Plead...
Venkateswara Oil Mills Vs. Chairman, State Level Committee and ors.
Court: Andhra Pradesh
Decided on: Mar-20-1995
Reported in: [1995]98STC343(AP)
Syed Shah Mohammed Quadri, J.1. The petitioner is a dealer under the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the Act'). It seeks a writ of mandamus to the fourth respondent, the Commercial Tax Officer, Mancherial, Adilabad, to refund the sum of Rs. 3,06,901 with interest forthwith and for consequential and incidental orders. 2. The claim arises in the following circumstances. The Government of Andhra Pradesh formulated a scheme granting certain incentives to the newly established industries. The scheme has been published in G.O. Ms. No. 498, Industries and Commerce (IA) Department dated October 16, 1989. Among the incentives is included 'deferment/tax-holiday on sales tax'. This is available for a period of five years subject to a ceiling of rupees thirty-five lakhs during the entire holiday period of five years in so far as small-scale industries are concerned. The petitioner is a small-scale industry established with a view to avail of the benefits granted under the sa...
Yegandla Laxmaiah Vs. Deputy Registrar, Co-op. Societies and anr.
Court: Andhra Pradesh
Decided on: Mar-20-1995
Reported in: 1996(3)ALT381
ORDERLingaraja Rath, J.1. The question raised in this case is whether the forum before which an appeal against a surcharge order passed under the A.P. Co-operative Societies Act, 1964 lay continues to be the forum for filing of appeals against orders passed before the amendment of the Act by Act 15 of 1991, wherein Sections 75 and 76 underwent amendments providing for constitution of a different forum of appeal, the Co-operative Tribunal to be set up by the Government.2. The simple facts are that the petitioner who had been the President of M.P.C.S. Kapugal was made liable in a surcharge proceeding under the Act for an amount of Rs. 5,477-92 ps. against which he preferred an appeal before the Additional District Munsif, Kodad as the Co-operative Tribunal, but a docket orderwas passed by the learned Munsif that after the Amendment Act 1991, the appeal is to be preferred before the Co-operative Tribunal constituted by the Government. The petitioner again resubmitted the appeal before the...
Danevath Jayaram and ors. Vs. the District Collector (Panchayat) and o ...
Court: Andhra Pradesh
Decided on: Mar-20-1995
Reported in: 1995(1)ALT795
ORDERS.R. Nayak, J.1. 39 residents of Thimmapur village of Damarcharla Mandal, Nalgonda District have filed this common and joint writ petition questioning the proceedings of the first respondent dated 30-9-1994, forming a separate Gram Panchayat at Narsapur comprising of Narsapur and Thimmapur villages.2. The petition averments disclose that Thimmapur village is more than 8 kms away from Kalleppally village. Kalleppally was the head-quarter of the Gram Panchayat comprising Kallepally village as well as Thimmapur and Narsapur villages. Since the residents of Thimmapur village as well as Narsapur village experienced certain difficulties, they made representations to the second respondent - Extension Officer (Panchayat) requesting the latter to recommend to the first respondent to bifurcate Thimmapur and Narsapur villages from the jurisdiction of Kallepally Gram Panchayat and to form two separate Gram Panchayats in respect of Thimmapur village and Narsapur village. It is also averred tha...
B.A. Nageswara Rao and ors. Vs. the Banking Service Recruitment Board, ...
Court: Andhra Pradesh
Decided on: Mar-20-1995
Reported in: 1995(1)ALT587
ORDERS.R. Nayak, J.1. The petitioners in these three writ petitions,23 in all, were the applicants for the clerical cadre posts and they applied for the same in pursuance of an advertisement dated 9-9-1986 issued by the respondent-Banking Service Recruitment Board (hereinafter shortly called 'BSRB'), Hyderabad calling for applications to fill up 2754 vacancies in 28 public Sector Banks. The petitioners appeared for the test and interview conducted by the BSRB. The petitioners were expecting the BSRB to announce results of 2754 candidates, but the BSRB announced the results of approximately only 1600 candidates in the newspapers on 29-10-1987.2. At this stage W.P.No. 2608/88 was filed in this Court by 14 candidates who had applied for the posts. In this writ petition the petitioners have sought for a direction to call for the records from the BSRB pertaining to the selection of candidates to the clerical cadre posts in the offices of 28 Public Sector Banks in the State of Andhra Pradesh...
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