Andhra Pradesh Court March 1996 Judgments
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The Registrar, Osmania University Vs. Madina Educational Society, Rep. ...
Court: Andhra Pradesh
Decided on: Mar-25-1996
Reported in: 1996(2)ALT377
P.S. Mishra, C.J.1. Writ petitioner- respondent has claimed that it has established an institution and sought affiliation to the Osmania University and requested the University accordingly to permit the students admitted by it to appear in the examination. According to the petitioner-respondent although everything has gone well for the institution inasmuch as all concerned including the All India Council for Technical Education has recommended favourably, the University has not granted the formal affiliation to the institution, and thus it has suffered and students who are admitted are also suffering. Pending the writ petition, it has sought for a direction to the University to permit the students to take the examination. Learned single Judge has disposed of the miscellaneous petition mainly on the ground inter alia that University has not attended to the representation of the petitioner - respondent and the facts that the inspection committee of the University had inspect the institut...
Kotla Vijaya Bhaskar Reddy Vs. Election Commission and ors.
Court: Andhra Pradesh
Decided on: Mar-25-1996
Reported in: 1996(2)ALT1
ORDERB. Subhashan Reddy, J.1. This writ petition has been filed by (he former Chief Minister of Andhra Pradesh, Sri Kotla Vijayabhaskar Reddy, seeking issuance of a Writ of Mandamus against the Election Commission - Respondent No. 1 and also making the Chief Electoral Officer of Andhra Pradesh as Respondent No. 2, to immediately notify the date for by-election to Dhone Assembly Constituency-181 of Kurnool District.2. Notice before admission was issued, in response to which Mr. C.P. Sarathy, the learned senior Counsel appeared and argued for the 1st respondent, while Mr. E. Dharma Rao, learned Government Pleader appeared for the 2nd respondent and Mr. C. Damodhar Reddy appeared for the 3rd respondent. Mr. C.P. Sarathy after obtaining instructions from the Election Commission submits that the Election Commission is ready to hold the Poll, but there is a legal embargo, due to the pendency of Election Petition No. 20 of 1995 before this Court, which was instituted by the 3rd respondent ass...
K.V.S. Prasad Vs. Vice Chancellor, Nagarjuna University and ors.
Court: Andhra Pradesh
Decided on: Mar-25-1996
Reported in: 1996(2)ALT627
ORDERG. Bikshapathy, J.1. The Petitioner approaches this Court seeking issuance of Writ or Order quashing the proceedings No. NU/SS2/MEC/M-95/95, dated: 27-9-1995 issued by the 2nd respondent.2. The petitioner submits that he passed B.Com. I and II year. He was appearing for B.Com. III year Costing examination, the last examination which was taking place on 24-3-1995. While the petitioner was writing the examination, the flying squad entered into the examination hall and alleged that the petitioner was in possession forbidden material. Thereafter the Chief Superintendent of Examinations issued Memo on 24-3-1995 informing that the petitioner had resorted to malpractices during the examination in Room No. 8 - Four pages were found besides the candidate outside the window. The petitioner submitted necessary explanation denying the allegations levelled against him. However, the Special Officer Examinations issued a Memo dated 18-5-1995 stating that the petitioner was in possession of manus...
Commissioner of Income-tax Vs. Shahzadi Begum
Court: Andhra Pradesh
Decided on: Mar-22-1996
Reported in: (1997)142CTR(AP)471; [1997]225ITR963(AP)
Syed Shah Mohammed Quadri, J.1. On the application of the Revenue, filed under section 256(2) of the Income-tax Act, 1961 (for short 'the Act'), this court issued a direction to the Income-tax Appellate Tribunal to state the case and refer the following questions of law for opinion, by its order in I.T.C. No. 233 of 1985 passed on September 2, 1986. The questions read as follows : '1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in law in cancelling the assessment as time-barred by two days 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is correct in law in interpreting the word 'forward' in Explanation 1, sub-clause (iv) under section 153 to mean 'despatch' and not 'issue' 3. If the answer to the above question is in the affirmative, whether it could not be said that, on the facts and in the circumstances of the case, the draft order was effectively and constructively forwarded on March 27, 197...
G. Kanakaiah Vs. Gajula Santhamma and ors.
Court: Andhra Pradesh
Decided on: Mar-22-1996
Reported in: 1996(3)ALT614
ORDERNeelam Sanjiva Reddy, J.1. This appeal is directed against the award dated 19-9-1988 passed in O.P. No. 80 of 1986 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Adilabad.2. Gajula Lingaiah died on 16-10-1985 in a motor vehicle accident caused due to actionable negligence of the driver of the auto ABY 6686. The wife and children of the deceased filed the above O.P. claiming a total compensation of Rs. 2,00,000/- against the driver, owner and the alleged insurer i.e., New India Insurance Company, Hyderabad. Respondents resisted the petition. The Tribunal, after considering the evidence on record, awarded a total compensation of Rs. 1,15,000/- with interest at 12% per annum as against the driver and owner of the vehicle, but dismissed the petition as against the New India Insurance Company finding that the vehicle was not insured with them and that it was insured with the National Insurance Company Limited. Aggrieved by the said award, owner preferred the app...
Chorumala Kamala Vs. Samanthapudi Indira
Court: Andhra Pradesh
Decided on: Mar-22-1996
Reported in: 1996(3)ALT706
ORDERS.R. Nayak, J.1. There is an error apparent on the face of the order passed by the learned Trial Judge. The suit is for specific performance of an agreement of sale dated 7-11-1994. The learned Judge himself has pointed out in the order under revision that the document dated 7-11-1994 is only an agreement of sale. If that is so, merely because under the agreement of sale the plaintiff was put in possession of the property, that would not entail that he should pay the stamp duty treating it as out-right sale deed.2. The CRP is allowed. The order under revision is set aside. The learned Trial Judge is directed to receive the plaint and proceed further in accordance with law....
D. Pulla Rao Vs. Valluru Basavaiah Chowdary and ors.
Court: Andhra Pradesh
Decided on: Mar-22-1996
Reported in: 1996(2)ALT289
P.S. Mishra, C.J.1. This appeal has come up only because having held categorically that the matter in dispute requires the evidence to be led by the parties and the issue regarding the jurisdiction can also be raised by the parties concerned before the civil Court and accordingly,'under these circumstances this Court is not in favour of deciding any issue involved in the civil litigation as a civil Court is seized of the matter in dispute'has ordered as follows:'Under these circumstances this Court allows the writ petition and directs that as long as the civil litigation is pending before the civil Court, the temple be known as Sri Trishakthi Peetham' which is subject to the result of the civil suit which is pending in the civil Court.'2. It is not in dispute that the writ petitioner-respondent is a defendant in the civil suit. The case pleaded before this Court is that a temple previously known as 'Kali Matha was re-named as 'Sri Trishakthi Feetham' after two idols, namely, that of Ma...
Sri Sharada Vidya Mandir Educational Society, Rep. by Its Secretary-cu ...
Court: Andhra Pradesh
Decided on: Mar-22-1996
Reported in: 1996(2)ALT718
ORDERG. Bikshapathy, J.1. The Writ Petition is filed challenging the proceedings of the 1st respondent dated 2-12-1993 as illegal and void.2. The petitioner is a Society registered under the Societies Registration Act. One of the principle aim and objects of the society is to establish the institutions and to impart job oriented education among the young generation in Vocational Training. Keeping this aim in view, the petitioner made an application to the 1st respondent seeking permission to establish Industrial Training Institute at Wanaparthy. The petitioner submits that in Wanaparthy, there is no Industrial Training Institute and even within the radius of 20 K.Ms., there is no such Institution, hence the establishment of I.T.I, is essential in the area. For the purpose of establishing the Institution, the petitioner also secured building on lease. The petitioner filed necessary application before the Minister seeking the approval for starting the Institute. The same was forwarded by...
Dumpa Kasi Visweswaramma and Ors. Vs. the Senior Inspector/Sale Office ...
Court: Andhra Pradesh
Decided on: Mar-21-1996
Reported in: 1996(2)ALT381
ORDERS.R. Nayak, J.1. On 18-3-1996 list, the name of Sri P.S. Narayana, learned counsel for the petitioners was not shown. Therefore, he could not appear and make his submissions. Under these circumstances, the order made by the Court on 18-3-1996 is recalled.2. The revision petitioners arc the plaintiffs in O.S.No.261 of 1990. The suit is filed for restraining the respondent-defendant from interferin with the peaceful possession and enjoyment of the suit schedule residential house. In the suit -I.A. No. 1660 of 1990,, under Order XXXIX Rules 1 and 2 CPC was filed by the plaintiffs. The learned trial judge ordered that application ex parte and ultimately on 6-6-1990 made the interim injunction absolute. The matter was carried by the defendant to the appellate Court in CMA. No. 3/91 The learned appellate Judge by his order dated 26-8-1995 allowed the appeal of the defendant and set aside the interim injunction order granted by the trial Court. Hence this revision by the plaintiffs. This...
Arepalli Satyanarayana Vs. Deputy Registrar of Co-operative Societies ...
Court: Andhra Pradesh
Decided on: Mar-21-1996
Reported in: 1996(2)ALT592
ORDERT.N.C. Rangarajan, J.1. This writ petition is directed against the Order In Rc.No. 1262/9S-B dated 9-1-1996 made by the Deputy Registrar of Co-operative Societies stating that the petitioner is disqualified for being continued as member of the Committee of the Vissakoderu Primary Agrl. Co-op. Society from the date of issue of that order.2. According to this communication, the petitioner had taken loan on 15-6-1994 which he repaid on 25-9-1995, beyond the period stipulated. He refers to Section 21-A (b) of the A.F. Co-op Societies Act, that no person shall be eligible for being chosen as, and for being a member of the Committee, if he is in default In the payment of any amount due in cash or kind to the society. According to the impugned order, since there was default, in as much as the amount of loan was not repaid within three months, the disqualification Under Section 21-A (b) of the Act had been effected. The reply of the petitioner was that since the amount has been repaid by ...
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