Andhra Pradesh Court March 1996 Judgments
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M. Sridhar Reddy and ors. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Mar-14-1996
Reported in: 1996(2)ALT522a; 1996(2)ALT(Cri)724; 1996CriLJ2993
ORDER1. The Vacate Stay Petition - W.V.M.P. No. 295/96 in W.P.M.P. No. 1053/96 in Writ Petition No. 891/1996 is listed before me in the Interlocutory Matters. 2. The petition, W.V.M.P. No. 295/96 is filed by the 4th Respondent in Writ Petition No. 891/96 praying to vacate the interim order passed by a learned Judge on 24-1-1996 in W.P.M.P. No. 1053/96 in Writ Petition No. 891/96. By the said order, interim stay of investigation into Crime No. 109 of 1995 of Madanapalle I Town Police Station, Madanapalle, Chittoor District, was granted. It was further ordered therein that the interim stay order shall not preclude the investigation and further action in Cr. No. 221/1995 registered in Jillapet Poti Police Station, Jalgaon, Maharashtra State. 3. The prayer in the main writ petition is to direct the respondents 1 to 3 not to proceed with the investigation into Crime No. 109/95 of Madanapalle I Town Police Station on the ground that they have no jurisdiction. Therefore, the prayer in the mai...
Mcdowell and Company Limited Vs. Commercial Tax Officer, Nacharam Circ ...
Court: Andhra Pradesh
Decided on: Mar-14-1996
Reported in: [1996]103STC548(AP)
S. Parvatha Rao, J.1. In these three writ petitions the petitioner - M/s. McDowell and Company Limited, questions the final annual assessment orders in G.I. Nos. 27/78-79(CST), 27/79-80 (CST) and 27/80-81 (CST) dated August 21, 1995 of Commercial Tax Officer for the assessment years 1978-79, 1979-80 and 1980-81 under the Central Sales Tax Act. These assessments are said to have been made pursuant to the directions of the Sales Tax Appellate Tribunal in its order in T.A. Nos. 672, 673 and 674 of 1987 dated January 31, 1990 as modified by this Court by an order dated December 7, 1994 in T.R.C. Nos. 260, 263 and 264 of 1990 and W.P. Nos. 16685, 16686 and 16687 of 1994. The petitioner contends that the said order of this Court dated December 7, 1994 was not complied with in making the impugned assessment orders. The petitioner submits that though in respect of the transactions in question the Tribunal in its order dated January 31, 1990 required the assessing authority to inquire as to whe...
Central Bureau of Investigation/Spe Hyderabad Vs. P. Muthuraman
Court: Andhra Pradesh
Decided on: Mar-13-1996
Reported in: 1996(1)ALD(Cri)597; 1996(2)ALT(Cri)126; 1996CriLJ3638
1. This appeal has been preferred by the State against the acquittal of the respondent-accused recorded by the Special Judge for C.B.I. Cases, Hyderabad in C.C. No. 1 of 1992 dated 31-12-1992 in respect of an offence of demanding and taking bribe said to have been committed by the respondent on 27-3-1991. 2. The case of the prosecution in brief is that the accused-respondent was an Upper Division Clerk in the office of the Assistant Garrison Engineer (E & M) Establishment Section at Golconda, Hyderabad during the period from June 1988 to March 1991. It was his duty to deal with the official correspondence of all the employees working under A.G.E. (Electrical and Mechanical), Golconda. The complainant who was working as Pump House Operator under the A.G.E. (E & M), Golconda applied for the final withdrawal from his G.P.F. in the month of February 1991. His application was allowed and the G.P.F. was sanctioned by C.W.F., Secunderabad. The papers were sent to the respondent for preparatio...
Kamatam Komuraiah and ors. Vs. Garlapati Sandhya Rani
Court: Andhra Pradesh
Decided on: Mar-12-1996
Reported in: 1997(1)ALT239
B.K. Somasekhara, J.1. The defendants in O.S. No. 763 of 1983 and the respondents in A.S. No. 82 of 1987 who suffered a decree in the appeal before the learned Additional District Judge, Warangal on 20-7-1988 have come up with this appeal. The respondent is the plaintiff in the suit and the appellant in the appeal. The plaintiff filed the suit for permanent injunction restraining the defendants from interfering with her possession and enjoyment of the suit schedule properties by opening a channel or digging etc. It was dismissed. The plaintiff took the matter in appeal and the learned District Judge allowed the appeal, set aside the judgment and decree of the learned District Munsif and consequently passed a decree for permanent injunction as prayed for in the suit. That is how the appellants who are defendants in the suit and the respondents in the appeal are aggrieved and present this appeal.2. The plaintiff is the owner in possession and enjoyment of S.No. 49 measuring Ac. 2.32 gunt...
V.A. Ramakrishna Vs. Bank of Maharashtra, Rep. by Its Regional Manager ...
Court: Andhra Pradesh
Decided on: Mar-12-1996
Reported in: 1996(2)ALT206
ORDERS. Parvatha Rao, J.1. The petitioner seeks a writ of Mandamus etc. declaring the departmental proceedings initiated against him by the respondents as illegal and void. He was working as Special Assistant in the Bank of Maharashtra, the first respondent herein, at Guntur when he was suspended on 31-1-1992. A criminal complaint dated 23-4-1992 was made against him by the first respondent to the Station House Officer at Arundalpet Police Station at Guntur alleging fraud and misappropriation by him involving a sum of Rs. 1,74,800/- and the same was registered as Crime No. 282 of 1992. He does not dispute that investigation is still pending in respect of the said crime. Departmental enquiry was also initiated and he was charge sheeted on 29-8-1992. Subsequently, amended charge sheet was issued to him on 15-9-1993. The enquiry could not be proceeded with because of various adjournments sought by the petitioner and finally when he received letter dated 5-11-1994 finding the date of enqui...
The Deputy Commissioner (Prohibition and Excise) and anr. Vs. Shobalal
Court: Andhra Pradesh
Decided on: Mar-12-1996
Reported in: 1996(2)ALD(Cri)807; 1996(1)ALT915; 1997(1)ALT(Cri)244
P.S. Mishra, C.J. 1. Heard learned counsel for the appellants and learned counsel for the respondent. The only judgment delivered by the learned single Judge reads as follows: 'Since there is no provision in the Act authorising any authority to release the vehicle which has been detained for infraction of Prohibition Law, the writ petition is maintainable. Having regard to the facts and circumstances of the case, I am satisfied that there is no justification for the detention of the vehicle, pending enquiry. The respondent is, therefore, directed to release the vehicle bearing No. MP. G. 14 0484, on furnishing bank guarantee for Rs. 25,000/- (Rupees Twenty Five Thousand only) and also on giving an undertaking that it will be produced before the authorities for any purpose relating to the enquiry.' 2. The above obviously is not a judicial order. There is absolutely no consideration why the Court is staisfied that the vehicle which is allegedly used in crime is ordered to be released. I...
Badugu Giribabu and ors. Vs. the District Collector and ors.
Court: Andhra Pradesh
Decided on: Mar-12-1996
Reported in: 1996(2)ALT192
ORDERT.N.C. Rangarajan, J.1. This Writ Petition challenges the notification for election for the 2nd respondent-society on the ground that the petitioners' claim for membership of the society has not been considered. Earlier the petitioners complained before this Court that their applications for membership have not been accepted. This Court by an order dated 17-7-95 passed the following order:-'The Divisional Co-operative Officer, Guntur Division is directed to examine the claims of these petitioners and 300 others in the background of the specific allegation that they were denied membership on 2-7-1995 and 4-7-1995 whereas some of the supporters of the ruling party were given admission on or before 6-7-95 by the second respondent. The Divisional Co-operative Officer is also directed to examine the membership Registers with reference to 'j' Forms' of those who have been made members to the Society upto 6-7-95. On verification if the Divisional Co-operative Officer is satisfied that th...
Muslim Minority Front, Rep. by Its Secretary, Sri Mohd. Abdul Muqueet ...
Court: Andhra Pradesh
Decided on: Mar-12-1996
Reported in: 1996(2)ALT30
ORDERP.S. Mishra, C.J.1. The writ petition by one Sri Mohd. Abdul Muqueet (Khusroo), the Secretary, Muslim Minority Front is filed seeking a writ in the nature of Mandamus to restrain respondents 4 to 13 from reassumption of office as the Chairman and Members of the A.P. State Wakf Board. Petitioner also asked for interim directions to command the second respondent not to hand over the charge of the Board to any other person until the Board was reconstituted in accordance with the Wakf Act of 1995. B. Sudershan Reddy, J., who heard the writ petition first, however, found that respondents 4 to 13 were to assume the office of the Chairman and the Members of the Wakf Board pursuant to a Bench judgment of this Court rendered in W.A. No. 401/95 and batch dt.17-1-96 and in view of the contentions before him decided to refer the matter to be placed before me for appropriate order for posting the writ petition before a Division Bench for the reasons as follows:'I cannot pass any order which wo...
Hyderabad Fruit Commission Agents-merchants-traders Association Rep. b ...
Court: Andhra Pradesh
Decided on: Mar-12-1996
Reported in: 1996(2)ALT7
ORDERM.N. Rao, J.1. The petitioner is an association the Hyderabad Fruit Commission Agents, Merchants and Traders Association - and its members are carrying on business in fruits as Commission Agents and Traders by virtue of licences issued by the Agricultural Market Committee, Hyderabad. They claim that the agricultural produce viz., fruits are sold through them to different purchasers within the State of Andhra Pradesh after paying the market fees to the concerned Market Committee. When the purchasers wanted to take the same out-side the State, they allege that the vehicles were stopped at different check-posts and the officers of the Directorate of Marketing have demanded and collected the market fees once again. According to them, when they had already paid the market fees on the fruits purchased, they should not be subjected to levy of market fees on the fruits since the same is forbidden by Rule 74(1) of the Andhra Pradesh (Agricultural Produce and Livestock) Market Rules, 1969.2...
T. Ganga Rao Vs. Chairman Karimnagar Dist. Co-operative Central Bank L ...
Court: Andhra Pradesh
Decided on: Mar-12-1996
Reported in: 1996(2)ALT659
ORDERG. Bikshapathy, J.1. The Petitioner filed the Writ Petition assailing the proceedings dated 16-3-1991 (sic. 1981) issued by the 1st respondent and for a consequential direction to the Department to promote the petitioner as Asst. General Manager with retrospective effect.2. The case experienced chequered career. The petitioner was appointed as Supervisor in the year 1959. On 6-5-1974 the petitioner was placed under suspension pending enquiry. Aggrieved by the said orders of suspension, the petitioner appears to have represented to the District Cooperative Officer who was of the opinion that the proceedings initiated under Section 59 of the Cooperative Societies Act were void ab-initio and recommended reinstatement. However no action was taken. Later disciplinary action was initiated against the petitioner by issuing charge memo dated 16-3-1981, but no progress was being made even though he suspended in the year 1974. Therefore he filed Writ Petition No. 7923/83. This Court by orde...
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