Andhra Pradesh Court January 1996 Judgments

Shivraj Bang Vs. State of A.P. Rep. by the Public Prosecutor

Court: Andhra Pradesh

Reported in: 1996(1)ALD(Cri)588; 1996(1)ALT949

ORDERB. Sri Atchutananda Swamy, J.1. The accused in C.C.No. 34 of 1991 has filed the present revision petition against the orders of the II Additional Metropolitan Sessions Judge, Hyderabad in Crl.A.No. 186 of 1992 confirming the conviction and sentence given by the VII Metropolitan Magistrate for the offence committed under Section 7(i) & (v) and 2(ia) of the Prevention of Food Adulteration Act. 2. The facts leading to the filing of this case are that the petitioner herein who was an accused in C.C.No. 34 of 1991 was dealing in edible oils under the name and style of Ranga Nath Oil Depotat Jawaharnagar, Chikkadpally, Hyderabad. At about 1.00 p.m. on26-6-1991, the Food Inspector i.e.,P.W.1 alongwith Panch witnesses P.Ws. 3 & 4 visited the Oil Depot belonging to the petitioner and found about 62 open tins containing 15kgs of groundnut oil for sale. Having suspected that the said oil is adulterated, P.W.I purchased 450 gms of oil by paying an amount of Rs. 15.10 towards the value of the ...

A.P. State Electricity Board, Rep. by Its Secretary and anr. Vs. Komal ...

Court: Andhra Pradesh

Reported in: 1996(2)ALT602

Lingaraja Rath, J.1. The only question falling for consideration in this appeal is whether 'biscuit' can be said to be 'Cake and Pastry' for the purpose of availing the benefit of a circular issued by the appellant-Board giving 25% concession in payment of power tariff to new industries, which have gone into regular production on or after 20th October, 1975.2. In the circular, B.P.Ms.No. 151 (Commercial), dated 13-12-1978, the exemption in question was allowed and list of ineligible industries for which rebate was not allowed was appended. Item 35 of the list relates to Cake and Pastry manufacturing. There is no dispute that the 1st respondent is a biscuit manufacturing industry, which had gone into production on or after 20th October, 1975.The industry availed the benefits of the circular but subsequently communication was made to the 1st respondent saying that rebate was mistakenly allowed to it as 'biscuit' falls under Item 35 i.e. 'Cakes and Pastry' manufacturing and also making de...

Muppidi Sobha Devi Vs. the Branch Manager, L.i.C. of India and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. This is a complaint filed under Section 17(1)(a) r/w Section 12 of the Consumer Protection Act. The averments in the complaint are briefly stated as follows : 2. One Kashaiah, the husband of the complainant obtained three Jeevan Mitra Life Insurance Policies with numbers 680236238 for a sum of Rs. 50,000/- on 3.12.88, 680241404 for a sum of Rs. 30,000/- on 16.2.89 and 680241303 for a sum of Rs. 50,000/- on 20.2.89 and was paying the premiums regularly. But the said Kashaiah died suddenly due to heart attack on 13.3.91. The complainant being the wife of the said Kashaiah and being the nominee under the said policies preferred a claim to the Branch Manager, Life Insurance Corporation of India, Karimnagar Branch, opposite party No. 1 and the Divisional Manager of Life Insurance Corporation of India, Warangal, opposite party No. 2, for payment of the amounts due under the said policies. The second opposite party in their letter dated 26.3.92 informed the...

Sri Yusuf Qureshi and Others Vs. Moulana Mohammed JamaluddIn Deccani a ...

Court: Andhra Pradesh

Reported in: AIR1996AP187; 1996(1)ALT236

ORDERM.N. Rao, J.1. These three writ appelas are from the common judgment of our learned brother Motilal B. Naik, J., in W.P.Nos. 16111 and 16122 of 1994 setting aside the appointments of the appellants in W. A. No. 401 and 1087 of 1995 as members of the Andhra Pradesh State Wakf Board (for short 'the Wakf Board') reconstituted by the Government of Andhra Pradesh in G.O.Ms. No. 74, Minorities Welfare (Wakf-I) Dated 26-8-1994 read with the errata issued in G.O.Ms. No. 75 dated 30-8-1994.2. In and by the above two orders, all the appellants herein had been appointed as members of the Wakf Board under Section 11 of the Wakf Act, 1954 and they were also required to elect a Chairman under subsection (2) of Section 10 of the Act.3. W.P. No. 16111 of 1994 was filed by two persons claiming themselves to be the Muthawallis of Masjid-e-Mohammedi and Masjid-e-Kasiri at Hyderabad while W.P. No. 16122 of 1994 was filed by Anjuman-e-Shiah Imamiya Isnah Ashrai (Akhbari), claiming to be an association...

General Industrial Society Ltd. Vs. Industrial Tribunal-cum-labour Cou ...

Court: Andhra Pradesh

Reported in: 1996(4)ALD509; 1996(2)ALT551; (1997)ILLJ15AP

1. This writ petition raises a short but interesting question of law regarding the maintainability of a fresh application under Section 2A(2) of the Industrial Disputes Act (hereinafter called 'the Act') during the pendency of an earlier reference under Section 10 of the Act in respect of the self-same industrial dispute. The facts leading to the writ petition in brief are as follows : The petitioner is a company manufacturing jute twine and other allied products. The second respondent herein was employed as a twister in the petitioner's factory at Vizianagaram. On a charge that the second respondent participated in an illegal strike, he was subjected to a disciplinary enquiry and was dismissed from service by an order dated June 17, 1975. The dispute was referred for adjudication by the State Government to the Labour Court, Guntur and the same was numbered as I.D. No. 43 of 1976. The same was, however, dismissed for default on March 14, 1978. The second respondent thereupon filed I.A....

Balaji Industrial and Agricultural Castings Vs. Commercial Tax Officer ...

Court: Andhra Pradesh

Reported in: [1996]101STC350(AP)

Syed Shah Mohammed Quadri, J.1. These three writ petitions raise the same question of law, therefore they are heard together and are being disposed of by a common order. 2. W.P. No. 18001 of 1994 relates to the assessment year 1990-91; W.P. No. 18002 of 1994 relates to the assessment year 1991-92 and W.P. No. 5616 of 1995 relates to the assessment years 1989-90 and 1990-91. For appreciating the question involved in the case, we shall refer to the facts stated in the Writ Petition No. 18001 of 1994 : The petitioner is a manufacture of hand pumps having its factory at Plot No. 16, Industrial Development Area, Balanagar, Hyderabad. It is a registered dealer under the Andhra Pradesh General Sales Tax Act and the Central Sales Tax Act with the first respondent-Commercial Tax Officer. The turnover in question relates to the sale of hand pumps to the Government departments. Having regard to the provisions of rule 17 of the Andhra Pradesh General Sales Tax Rules, the return should be accompani...

P. Raghu Ram and ors. Vs. Collector and anr.

Court: Andhra Pradesh

Reported in: 1996(1)ALT258

ORDERMotilal B. Naik, J. 1. Strange but true, deceptive mind seldom rests, works out ways and means to grab un law fully which is not its, unmindful of the consequences there after. 2. Free India adopted Constitution in its entirety with effect from 26-1-1950 when the Indian Republic came into existence. The makers of the Constitution felt the need to provide reservations to certain sections of people who belong to Scheduled Caste and Scheduled Tribe considering their social, economical and other historical background. This protection provided to S.Cs. and S.Ts. is intended to bring them on par with the other citizens of this country. The reservations are extended not only to the employment sector but also admissions to the educational institutions and to the elected bodies such as State Assemblies and Parliament. 3. In that endeavour, Articles 341 and 342 of the Constitution of India empowers the President of India, after consultation with the Governor of the respective State by publi...

W.S.V. Satyanarayana Vs. Director of Tribal Welfare and ors.

Court: Andhra Pradesh

Reported in: 1996(1)ALT170

ORDERMotilal B. Naik, J. 1. Petitioner who is a student of II Year MBA Course in Nagarjuna University, Guntur is before this Court. Petitioner states that he secured a seat in I year MBA Course for the academic year 1990-91 in the month of July, 1990, in a seat reserved for S.T. Community on the basis of his claim that he belongs to Konda Kapu Community which is recognised as Scheduled Tribe as per the Presidential Order. His claim that he belongs to Scheduled Tribe is based on his further claim that his mother belongs to Konda Kapu Community from Bodlanka (Agency area) of Addateegala Mandal in East Godavari District. He claims that his father, a retired Excise Inspector belongs to Balija community, and married his mother Satyavathi who is stated to be from Kondakapu community from Agency area. Basing on his claim that though his father is from Balija community, on account of his mother being a Konda Kapu, he is entitled to be treated as Scheduled Tribe in terms of G.O.Ms. No. 371, dat...

Boc India Limited, Rep. by Its Power of Attorney Holder, Mr. K. Anand ...

Court: Andhra Pradesh

Reported in: 1996(1)ALT185

ORDERB. Subhashan Reddy, J.1. This Writ Petition seeks a Mandamus declaring the letter dated 20-4-1995 issued by the respondent calling upon the petitioner to surrender land for road widening free of cost in lieu of grant of permission for construction as unlawful and illegal. 2. The petitioner is a Company dealing in Petroleum products. A branch of the petitioner was set-up at Premises No. 8-4-300/1 on National Highway No. 9 leading to Bombay at Sanathnagar, Hyderabad. On two earlier occasions, whenever road was widened, under two spells, the petitioner was paid compensation under the provisions of the Land Acquisition Act, 1894. On third occasion also, a portion of the land on the front abutting the National Highway mentioned above was earmarked for road widening. The right of the local authority, in the instant case-the respondent, to make such a demand if it is really needed for widening of the road, cannot be disputed .But, the respondent cannot escape the liability to pay the com...