Andhra Pradesh Court April 1995 Judgments

A.P. State Backward Class Welfare Association (Registered) and Etc. Et ...

Court: Andhra Pradesh

Reported in: AIR1995AP248; 1995(2)ALT1

ORDERY. Bhaskar Rao, J.1. In this batch of writ petitions, the validity of G.O.Ms, No. 30, Backward Classes Welfare (P-2) Department, dated 25-8-1994 is the subject-matter of challenge. The G.O. declared for '14' communities the status of 'other Backward Classes' for the purpose of reservation under Articles 15(4) and 16(4) of the Constitution,2. Before entering into the controversies arid respective contentions, we may usefully trace the background in the matter of reservations: As per the scheme of our Constitution, there shall not be any discrimination on grounds of religion, race, caste, sex and place of birth in the fields of education and employment. However, Articles 15(4) and 16(4) are two facets envisaging reservation to the classes of citizens socially and educationally backward. In so far as the State of Andhra Pradesh is concerned, it was originally formed part of the Composite Madras State, besides that of the State of Hyderabad. With the formation of the Andhra Pradesh on...

Muthyalrao Co-operative Housing Society Ltd., Rep. by Its President, S ...

Court: Andhra Pradesh

Reported in: 1995(2)ALT381

ORDERB.S. Raikote, J.1. The petitioner-M/s. Muthyala Rao Co-operative Housing Society Ltd., has challenged the G.O.Ms.No.1049, Revenue (ASN-III) Department, dt. 15-10-'92, (hereinafter referred to as '1992 G.O.') issued by the first respondent. It is submitted xxxx that by this G.O., the first respondent Government have modified its earlier G.O.Ms.No. 1699,Revenue(Q) Department, dt. 17-11-1984, (hereinafter referred to as '1984 G.O.') under its review power under Section 166 of A.P.(Telangana Area) Land Revenue Act 1317 Fasli.2. The learned counsel for the petitioner contended that 1992 G.O. is illegal and without jurisdiction. On the other hand, the learned counsel for the respondents have supported the said 1992 G.O.3. In order to appreciate the rival contentions of both parties, it is necessary to note a few facts of the case.4. The dispute relates to a land bearing Survey Nos. 218/1&3 of Ramakrishnapuram, hamlet of Malkajgiri village. It is submitted that though the land in Survey ...

Sree Raghavendra Films, Rep. by Its Managing Partner, D.V. Chalapathi ...

Court: Andhra Pradesh

Reported in: 1995(2)ALT43

ORDERP.L.N. Sarma, J.1. This application was filed seeking suspension of the operation of the orders of the second respondent in his proceedings No. L & O/A3/305/1995, dated 14-3-1995 and the order of the third respondent in her proceedings No.E5/188/95, dated 14-3-1995, suspending the exhibition of the Film title ''Bombay' in the twin cities of Hyderabad and Secunderabad and Ranga Reddy District respectively for a period of two months with effect from the fore-noon of 14-3-1995.2. The main writ petition itself has been filed for a writ of Mandamus declaring the above mentioned two orders of the second and third respondents respectively as illegal and void.3. Writ Petition was admitted on 15-3-1995 by this Court and the W.P.M.P. was posted to 21-3-1995 as the learned Advocate-General appearing for the contesting respondents sought time till the said date for filing counter. That is how the matter has come up before me.4. It is stated in the affidavit filed in support of the writ petiti...

Pilli Vital Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1995CriLJ3240

P. Ramakrishnam Raju, J.1. A-1 to A-3 in S.C. No. 126 of 1991 filed these criminal appeals. Crl.A. No. 278 of 1994 is filed by A-2 who was convicted u/S. 376 IPC and sentenced to suffer RI for 8 years and also to pay a fine of Rs. 200/- and in default, to suffer SI for 2 months. Crl.A. No. 424 of 1994 is filed by A-1 who was convicted under Section 337 IPC and sentenced to suffer RI for 10 years and also to pay a fine of Rs. 200/- and in default to suffer SI for 2 months. Crl.A. No. 992 of 1994 is filed by A-3 who was convicted under Section 376 IPC and sentenced to suffer RI for 8 years and to pay a fine of Rs. 200/- and in default to suffer SI for 2 months. All the 3 accused were convicted under Section 302 IPC and sentenced to suffer imprisonment for life. They were also convicted under Section 379 IPC and sentenced to suffer RI for 3 years. All the sentences were directed to run concurrently. 2. The prosecution case in brief is as follows : On 20-5-1990 at about 9.00 P.M., A-1 took...

State of Andhra Pradesh Vs. Hotel Ganesh

Court: Andhra Pradesh

Reported in: [1996]100STC256(AP)

Syed Shah Mohammed Quadri, J.1. This T.R.C. is directed against the order of the Sales Tax Appellate Tribunal in T.A. No. 811 of 1985 dated March 3, 1987. The State is the petitioner. In the assessment year 1977-78 the respondent-assessee which is a dealer registered under the Andhra Pradesh General Sales Tax Act, 1957, hereinafter referred to as 'the Act', was assessed to sales tax by order dated July 13, 1978. That order was served on the assessee was served on the assessee on December 10, 1978. The assessee carried the matter in appeal before the deputy Commissioner (C.T.). By order dated February 18, 1980, the appellate authority allowed the appeal and remanded the case for disposal in accordance with law after deciding the question with regard to the supply of foodstuffs effected by them as to whether it constituted sale. After remand the assessing authority passed a fresh order of assessment on March 30, 1983, which on the assessee on April 12, 1983. By order dated July 13, 1985,...

Kambam Rami Reddy Vs. Pallela Rami Reddy

Court: Andhra Pradesh

Reported in: 1995(2)ALT502

Krishna Saran Shrivastav, J.1. This Second Appeal preferred by the defendant, has been admitted on the following substantial question of law:'Whether the Lower Court has not erred in law in thinking that in spite of the defendant conclusively establishing through Ex.P-2, recital in Ex. A-1, evidence of D.W.3 and admission of P.W.2, as held by the trial Court, that the defendant has got to prove that no type of any consideration passed Whether the lower Court has not erred in law in its failure to notice that defendant has discharged the evidential burden on him and the plaintiff has failed to discharge his legal burden ?'2. Looking to the limited scope of appeal, it is not necessary to transverse in details the facts of the case. Suffice it to say, that on 3-7-1975 the appellant- defendant executed a pronote Ex.A-1 in favour of the respondent-plaintiff for a sum of Rs. 4,400/- with interest at the rate of 12% per annum. On the same day he had purchased a house and some land belonging t...

Haryana Telecom Ltd. Vs. Aluminium Industries Ltd. and anr.

Court: Andhra Pradesh

Reported in: [1997]88CompCas735(AP)

K.M. Agarwal, Actg.C.J.1. This writ appeal is by the first respondent in the writ petition, and is directed against an interim order made in W.P.M.P. No. 14131 of 1994 made absolute by the learned single judge by his impugned order. As learned counsel for the writ petitioner (i.e., first respondent herein) submitted that a case that writ appeal was allowed and the stay granted by the learned single judge was vacated the writ petition would become infructuous, we decided to hear the writ petition itself on the merits with the consent of learned counsel for the parties. 2. The first respondent herein is a public limited company, having its factory at Hyderabad also. It is engaged in the business of manufacturing cables and conductors and also undertakes to manufacture machinery required in cable industry. The appellant is in the business of manufacturing telecommunication equipment and in particular jelly-filled telephone cables. It is also a public limited company. The appellant gave to...

Swapna Bar and Restaurant Rep. by Its Licensee, K. Janardhan Turuki an ...

Court: Andhra Pradesh

Reported in: 1995(2)ALT98

ORDERB. Subhashan Reddy, J.1. This batch of writ petitions raises a controversy as to whether the Commercial Tax Authorities in exercise of their powers under Section 17 of the A.P.G.S.T. Act, 1957can attach the bank guarantees, which have been furnished by the excise contractors for issuing licences under the A.P. Foreign Liquor and Indian Liquor Rules, 1970. There are two bench judgments rendered by this Court - one in W.P.No.3026 of 1995 and batch dated 10-3-1995 and another in W.P. No. 5555 of 1995, dated 27-3-1995. In the first judgment viz., W.P. No. 3026 of 1995 and batch, a Division Bench of this Court held that the bank guarantees cannot be attached. The same position was clarified in another judgment in W.P. No. 5555 of 1995 to the effect that what is meant by the judgment in W.P.No.3026 of 1995 and batch was that while the bank guarantee could not be attached under Section 17of the A.P.G.S.T. Act, 1957butthatdldnotpreclude the Commercial Tax Authorities from taking other ste...

Mahadev Tiles Industries and Timber Depot Vs. the New India Assurance ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. It is not in dispute that the complainant took fire assurance policy from the opposite parties covering the period from 1.5.91 to 30.4.92. The policy covers building and electrical fittings at Rs. 1,20,000/-, machinery and fitting accessories at Rs. 20,000/-, stocks and timber seized and unseized logs at Rs. 1,50,000/- in all a sum of Rs.. 2,90,000/. It is also not in dispute that on the intervening night of 23/24-7-1991 a fire accident occurred in the insured premises. According to the complainant he immediately informed about the fire accident on telephone to the opposite parties and also issued an express telegram on 25.7.91. The loss was estimated by the complainant as Rs. 46,000/- to the building and electrical fittings, Rs. 4,000/- to the machinery, fittings and accessories, Rs. 60,000/- towards the loss of timber, in all a sum of Rs. 1,10,000/-. The case of the complainant is that inspite of his intimating the loss, the Insurance Company altho...

The Branch Manager, the New India Assurance Co. Ltd. Vs. M. Venkatappa ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. This appeal is preferred by the Branch Manager, New India Assurance Company Ltd., Peddapalli (V) i.e. the opposite party in O.P. 98/ 94 District Forum, Karimnagar questioning the order of the District Forum directing the payment of compensation of Rs. 45,000/- with interest at 12% p.a. and also costs. 2. It was alleged in the complaint that the complainant insured 2000 layers in his poultry with the opposite party on 25.6.93 to cover the risk of all types of diseases from 11th week to 22nd week and paid Rs. 4,500/- towards premium. Inspite of taking all the precautions, the layers were affected by 'Gumbora' disease and nearly 1981 birds died. The same was informed to the opposite party and they enquired into the matter. But thereafter the opposite party did not settle the claim on the ground that the policy does not cover 'Gumbora' disease. It was also mentioned that the opposite party charged Rs. 2.50 ps. for each bird to cover the risk of all disea...