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Andhra Pradesh Court April 1996 Judgments

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Apr 03 1996

State of Andhra Pradesh and ors. Vs. National Council for the Church a ...

Court: Andhra Pradesh

Decided on: Apr-03-1996

Reported in: 1996(2)ALT586; 1996CriLJ2857

M.H.S. Ansari, J.1. The writ petitioner-respondent is a Society which started Teachers Training Institute and for that purpose made an application to the Government for grant of permission. By orders dated 20-11-1983, the Government refused the permission applied for on the plea that it had taken a policy decision not to permit private Managements to open Teachers Training Institutes. The respondent-writ Petitioner filed a Writ Petition No. 10804 of 1983 which was eventually allowed by a Division Bench of this Court by Orders dated 27-2-1984 inter alia with the following directions : 1. That the order of the Government of Andhra Pradesh refusing permission on the ground mentioned therein to the writ petitioner-society be and hereby is quashed; 2. That the concerned respondent authorities be and hereby are directed to consider the application made by the writ petitioner-society for grant of permission to start and run the Teachers Training Institute in accordance with the law and especi...


Apr 03 1996

Mir Barkat Ali Khan Bahadur Vs. Assistant Controller of Estate Duty

Court: Andhra Pradesh

Decided on: Apr-03-1996

Reported in: (1996)135CTR(AP)89; [1996]222ITR672(AP)

OrderSyed Shah Mohammed Quadri, J. 1. The petitioner challenges the validity of the notice bearing No. GIR No. 0-10/67-68 dt. 20th Feb., 1987 and any assessment made pursuant to notice dt. 10th Jan., 1975 issued under s. 59 of the ED Act, 1953 (for short 'the Act') as illegal and prays for a declaration to that effect. 2. The petitioner is a legal representative of the late Nizam VII Sir Mir Osman Ali Khan Bahadur, the erstwhile ruler of Hyderabad, and is an accountable person under the Act. The late Nizam died on 24th Feb., 1967. The petitioner filed an account of the estate of the late Nizam declaring the net estate passing on the death of the said late Nizam at Rs. 1,73,14,235. On 25th Jan., 1973 the respondent completed the assessment under the Act by order passed under s. 58(3) of the Act determining the net principal value of the estate at Rs. 3,68,77,715 and assessing the duty thereon at Rs. 3,03,18,056. The petitioner appealed against the said order of assessment before the App...


Apr 03 1996

Vasishta English Medium School, Rep. by Its Chairman, G. Subrahmanyam ...

Court: Andhra Pradesh

Decided on: Apr-03-1996

Reported in: 1996(3)ALT553

ORDERSyed Shah Mohammed Quadri, J.1. The petitioner in these two writ petitions is a residential educational institution. It challenges the validity of the demand notice claiming property tax in respect of the building in which the school is being run. The demand in W.P. 14122/89 relates to the assessment years 1984-85 to 1988-89 and the demand notice for the assessment years 1994-95 and 1995-96 is the subject matter of W.P.No. 3282/96.2. As the questions of fact and law in these two writ petitions are common they are heard together and are being disposed of by a common order.3. The petitioner educational institution is run by a trust called /Vasishta Educational Trust' which is a registered trust. It is stated that the building was constructed by contribution from the trustees and by raising funds and obtaining loan. The school started functioning in the year 1981. It is affiliated to the Indian Council of Secondary School Examination, New Delhi; Course prescribed by the said Council ...


Apr 03 1996

The Government of Andhra Pradesh Rep. by Its Secretary, Panchayat Raj ...

Court: Andhra Pradesh

Decided on: Apr-03-1996

Reported in: 1996(2)ALT1015

M.N. Rao, J.1. All the five writ appeals arise out of five interlocutory orders passed by two learned judges of this court in five writ petitions as detailed below:W.A.No. 1177/94 against WPMP No. 21609/93 in WP No. 17106/93W.A.No. 1176/94 against WPMP No. 21608/93 in WP No. 17105/93W.A.No. 1190/94 against WPMP No. 21607/93 in WP No. 17104/93W.A.No. 1201/95 against WPMP No. 21204-21206/94 in WP No. 17084/94W.A.No. 1202/95 against WPMP Nos. 22020-22022/94 in WP No. 17728/94Four writ appeals - W.A.Nos. 1176, 1190, 1201 and 1202 of 1994 - came up for hearing before us on 25-9-1995 and we closed the same on the undertaking given by Sri N. Subba Reddy, learned counsel appearing for the State Government that '912 posts of Special Teachers are kept vacant and the same will not be filled until the disposal of the main writ petitions whatever be the orders passed by the Government pertaining to the posts of Special Teachers .....that these 912 posts of teachers pertain to the list made by the S...


Apr 02 1996

Adireddy Venkata Reddy and anr. Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Apr-02-1996

Reported in: 1996(2)ALD568; 1996(1)ALD(Cri)548; 1996(2)APLJ50; 1996CriLJ3019

N.Y. Hanumanthappa, J.1. This is an appeal by the accused No. 1 and 2 in SC No. 365/93 on the file of the Sessions Judge, Nalgonda wherein these appellants along with seven others were chargesheeted for the offences punishable under sections 148, and 302 r/w 149 of the Indian Penal Code on the ground that they are responsible for causing the death of one Mr. Vootkuru Matta Reddy, a resident of Anajipuram village, within the limits of Penpahad police station of Nalgonda District, only A-1 and A-2 were found guilty for the offences punishable under sections 148 and 302 r/w 149 IPC and the other accused were acquitted of all the charges. 2. A few facts which are necessary for the disposal of this appeal are as follows : All the material prosecution witnesses and the accused are the residents of Anajipuram village. The deceased was also a resident of the same village. Each party belongs to different political party. There were factions between the group led by the deceased and the group le...


Apr 02 1996

iqbal Kaur Kwatra Vs. the Director General of Police, Rajasthan State, ...

Court: Andhra Pradesh

Decided on: Apr-02-1996

Reported in: 1996(2)ALD390; 1996(1)ALD(Cri)896; 1996(2)ALT138; 1996(1)ALT(Cri)622; 1996(1)APLJ370; 1996CriLJ2600

ORDER1. By this petition, under Art 226 of the Constitution of India, the petitioner seeks for a writ of habeas corpus directing the respondents Nos. 1 to 4 to produce her husband Mr. B. P. S. Kwatra and to set him at liberty. 2. By this order, the Writ Petition No. 21116 of 1994, taken up on the file on account of the telegram of the petitioner to the honourable the Chief Justice for issuance of an order, direction or writ in the nature of writ of mandamus in the matter of illegal arrest and detention of her husband Mr. B. P. S. Kwatra, shall be disposed of because both the writs arise out of the same incident. 3. Dr. Amrith Pal Singh is the son of Mr. Ranbir Singh and Smt. Harjeet Kaur and elder brother of Mr. Mohinder Pal Singh. The petitioner is the aunt, i.e., sister if Mr. Ranbir Singh and wife of Mr. B. P. S. Kwatra. Dr. Amrit Pal Singh was married to Dr. Brinder Jeet Kaur, daughter of the 5th respondent, on 19-9-1993 in Jaipur. After the marriage, Dr. Brinder Jeet Kaur came to ...


Apr 02 1996

The Advocate-general, Andhra Pradesh, Hyderabad Vs. A. Gopal Alias Gop ...

Court: Andhra Pradesh

Decided on: Apr-02-1996

Reported in: 1996(1)ALD(Cri)517; 1996(2)ALT70; 1996CriLJ3724

S. Parvatha Rao, J.1. This is a case of criminal contempt against the respondent, Dr. A. Gopal, on a motion made by the learned Advocate General by way of a petition dated 12-7-1994 supported by an affidavit of a section officer in the office of the Advocate General. Congizance was taken by a Division Bench of this Court on 21-12-1994 and notice to the respondent for his presence on 30-1-1995 was ordered. Notice in Form 1 under Section 17 of the Contempt of Courts Act, 1971 ('the Act' for short) read with Rule 18 of the Contempt of Courts Rules, 1980 made by the High Court of Andhra Pradesh ('the Rules' for short) was served on him personally with a copy of the petitioner and the affidavit in support of it. 2. The respondent appeared in person on 30-1-1995 and requested two weeks time for filing counter. He gave his counter dated 16-2-1995 praying for the dismissal of the contempt case 'as it suffers with laches and hit by Sections 4 - 6 and Rule 9 sub-Rule (4).' The counter is not sup...


Apr 02 1996

State of Andhra Pradesh Vs. Sales Tax Appellate Tribunal and anr.

Court: Andhra Pradesh

Decided on: Apr-02-1996

Reported in: [2003]133STC132(AP)

ORDERSyed Shah Mohammed Quadri, J.1. The State of Andhra Pradesh is the writ petitioner.2. The order of the Sales Tax Appellate Tribunal, Hyderabad in T.M.P. No. 63 of 1996 in T.A. No. 233 of 1996 dated March 22, 1996 is assailed in the writ petition arid a writ of certiorari is prayed for to call for the records relating to and connected with that petition and to quash the said order. The above relief is sought in the following circumstances.3. On January 17, 1996 the Assistant Commissioner (CT) No. III, Enforcement passed the final order of assessment and raised a demand of Rs. 90,52,975 against the second respondent-assessee. That order appears to have been served on the assessee on January 20, 1996. The validity of that order was questioned before the Appellate Deputy Commissioner, Secunderabad by the second respondent on February 2, 1996. That appeal was accompanied by a stay petition. On February 7, 1996 the Appellate Deputy Commissioner dismissed the stay petition. However, fift...


Apr 02 1996

Ch. Anjaneyulu Vs. Alapati Hariprasad

Court: Andhra Pradesh

Decided on: Apr-02-1996

Reported in: 1996(4)ALT794

ORDERS. Dasaradha Rama Reddy, J.1. An ex parte decree was passed against the petitioner on 15-11-1994 and the I.A. No. 1582/94 filed by him to set aside the same was allowed by the District Munsif, Palakol on 1-11-1995 subject to the condition that the petitioner deposits suit amount by 20-11-1995 failing which it was ordered that the petition stands dismissed. Against this order, the petitioner has filed this C.R.P. contending that the condition imposed by the Court below is onerous. While ordering notice before admission, I granted interim stay of execution of the decree on condition that the petitioner deposits suit costs. It is now represented that petitioner has deposited the costs within the time given. After notice, Mr. S.V.R. Subrahmanyam, appearing for the respondent raised a preliminary objection that the C.R.P. itself is not maintainable since against the conditional order passed by the Court below, appeal lies under Order 43 Rule 1 C.P.C. The preliminary objection raised ha...


Apr 02 1996

N. Muralidhar and ors. Vs. Authorised Officer-special Tahsildar, Land ...

Court: Andhra Pradesh

Decided on: Apr-02-1996

Reported in: 1996(3)ALT625

ORDERS.S. Hussaini, J.1. In this revision the learned Counsel for the petitioners submits that the petitioners filed before the Land Reforms Tribunal, Anantapur a petition Under Section 5 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1974 read with Rule 16(5)(b) of Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Rules, 1974 contending that Under Section 5 of the Land Reforms Act, it is the duty of the Tribunal to categorise and classify the lands as set out in the first Schedule to the Land Reforms Act and the Tribunal has to arrive at the correct standard holdings of the petitioners-declarants. Under Rule 5 of the Land Reforms Rules it is clearly stated that each land shall be placed in appropriate class in accordance with its classification as shown in the first Schedule to the Act. The extent of holding shall be determined in respect of each class of land in accordance with Section 5. But in the instant case, the Tribunal has not done so a...


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