Andhra Pradesh Court July 1996 Judgments
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Sk. Abdul Kareem and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jul-11-1996
Reported in: 1996(2)ALD(Cri)887; 1996(2)ALT(Cri)465; 1996CriLJ4173
N.Y. Hanumanthappa, J.1. This appeal is filed by the appellants/accused No. 1 to 9 in S.C. No. 403 of 1993 on the file of the learned Sessions Judge, Cuddapah, who by his judgment and order dated 15-7-1995 convicted the appellants/accused Nos. 1 to 9 for the offences punishable under Section 148 IPC and sentenced them to undergo Rigorous Imprisonment for two years each; and also convicted A.1 to A.4 for the offence punishable under Section 302 IPC and sentenced them to undergo imprisonment for life each; and also convicted A.5 to A.9 for the offence punishable under Section 302 read with S. 149 IPC and sentenced them to undergo imprisonment for life each; and also convicted A.8 and A.9 for the offence punishable under Section 324 IPC and sentenced them to suffer Rigorous Imprisonment for tow years each; and lastly convicted A.1 to A.7 for the offence punishable under Section 324 read with S. 149 IPC and sentenced them to undergo Rigorous Imprisonment for two years each and also directe...
State of Andhra Pradesh Vs. Manohara Trading Company
Court: Andhra Pradesh
Decided on: Jul-11-1996
Reported in: [1997]106STC304(AP)
1. Dissatisfied with the order passed by the Sales Tax Appellate Tribunal in T.A. No. 343 of 1984 the State has come up in revision. 2. The respondent-assessee was granted exemption on the ground of second sales, while passing the order of assessment under the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the AGPST Act'), for the assessment year 1981-82. However, the assessing authority in exercise of power under section 14(4)(cc) of the APGST Act withdrew the exemption on the ground that the first seller - M/s. Sri Veera Venkata Satyanarayana Rice and Oil Merchants, Narasaraopet - from whom the assessee claimed to have made the first purchase, ceased to be a registered dealer on the date of purchase. That order of the assessing authority was confirmed by the Appellate Deputy Commissioner, in appeal, on December 16, 1983. On further appeal by the respondent-assessee before the Sales Tax Appellate Tribunal, the appeal was allowed. Hence, the State is in revision before us. 3. ...
State of Andhra Pradesh Vs. Andhra Pradesh Mining Corporation
Court: Andhra Pradesh
Decided on: Jul-11-1996
Reported in: [1997]106STC276(AP)
Syed Shah Mohammed Quadri, J.1. The State is the petitioner in this revision petition filed under section 22(1) of the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the APGST Act'). 2. That learned Special Government Pleader for Commercial Taxes has argued that the exercise of revisional power by the Deputy Commissioner (C.T.) under section 9(2) of the Central Sales Act (for short, 'the CST Act') read with section 20(2) of the APGST Act, is within limitation. 3. To appreciate the contention of the learned Government Pleader, it would be necessary to refer to the facts giving rise to this revision. The respondent herein was assessed to tax on its turnover for the assessment year 1972-73 by the order of the Commercial Tax Officer dated February 28, 1977. That order was served on the respondent-assessee on March 31, 1977. In exercise of power conferred under section 9(2) of the CST Act read with section 20(2) of the APGST Act, Deputy Commissioner of Commercial Taxes revised the ...
Gimpex Limited, Rep. by R. Ganapathy, General Manager Vs. Indian Baryt ...
Court: Andhra Pradesh
Decided on: Jul-11-1996
Reported in: 1996(4)ALT423
Lingaraja Rath, J.1. Both the appeals preferred by the same appellant arise out of the same facts and hence are disposed of by this common judgment.2. In both the appeals, preferred with the leave of the Court as it was not party to the Writ Petitions, the appellant assails the order of 22-3-1996 of the learned single Judge disposing of the Writ Petitions directing the respondent No. 2 to consider the representations of respondents No. 1 and 3. Though the petition for leave to appeal also raised grounds as a public interest litigation, yet during hearing of the case we have not been addressed as dealing with public interest petition and instead the learned counsel for the appellant has confined her submissions to the appellant's individual cause of action. In substance, the challenge is to the order passed by respondent No. 2 in favour of respondent No. 1 in W.A. No. 576 of 1996, stated to be in pursuance of the direction of the learned single Judge on 22-3-1996, agreeing to supply to ...
D. Bheem Rao Vs. the District Collector (Panchayat Wing) and anr.
Court: Andhra Pradesh
Decided on: Jul-11-1996
Reported in: 1996(3)ALT341
ORDERK.B. Siddappa, J.1. In this Writ Petition the petitioner prays to set-aside the order dated 9-11-1987 passed by the 1st respondent in his proceedings No. 726/K1 /Pis/87 as illegal, arbitrary and opposed to the principles of natural justice. He also prayed for costs.2. The brief facts that led to the filing of the Writ Petition are as follows;-The petitioner was appointed as a Karobari in the Office of the Gram Panchayat in the year 1974. He stated that he worked without any blemish ever since then, till the date of the impugned order. At the time of dismissal, he was working on a fixed salary of Rs. 350/-per month.The Sarpanch of the Gram Panchayat was involved in some financial irregularities. Therefore, proceedings Under Section 50(9) of the A.P. Grama Panchayats Act were initiated. As against that, the Sarpanch filed W.P. No. 17637/87 challenging the notification issued suspending him. This Court in W.P.M.P.No. 23417/87 suspended the operation of the notification suspending the...
Mohd. Maqbool Ahmed @ Mateen and anr. Vs. the Deputy Commissioner of P ...
Court: Andhra Pradesh
Decided on: Jul-11-1996
Reported in: 1996(3)ALT215
M.N. Rao, J.1. The question for our decision in this writ petition, referred to a Division Bench by our learned brother C.V.N. Sastry, J., on the ground that it involves an important question, is: whether Section 102 Cr.P.C, empowers a Police Officer to freeze the bank account of a person suspected to be involved in the commission of an offence?2. The first petitioner is the husband of the second petitioner. They are intimately associated with a firm by name Matchless Travel Bureau, Hyderabad. Petitioner No. 1 is the Executive Director and the second petitioner, his wife, is one of the partners. The firm is an approved agent of I.A.T.A. (International Air Transport Association). It is stated that all the Airlines extend credit facilities to the approved agents. The firm's main business is to book air tickets to foreign countries.3. Petitioners 1 and 2 are figuring as A-2 and A-4 in Crime No. 170/95 of the Saidabad Police Station, Hyderabad registered Under Sections 465, 471 and 420 of ...
Action Group for Research in Environment and Educational Development S ...
Court: Andhra Pradesh
Decided on: Jul-11-1996
Reported in: 1996(3)ALT574
P.S. Mishra, C.J.1. Heard.2. Appellants 2 and 3 herein are allegedly the purchasers of a building in which admittedly a High School has existed for about forty years. Vendors' title is stated to be in one Syed Raziuddin Hasan who allegedly gifted to his wife Rabia Begum, who in turn leased the premises to the school in the year 1956. She, later in the year 1960, sold the property to the alleged vendors of the appellants herein. There was some litigation for eviction at the instance of the first set of purchasers (vendors of the appellants herein) which ended in a compromise and the school continued to function in the premises as in the past until the present controversy on account of the alleged purchase by the appellants, herein in February and March, 1995. According to the appellants, the Correspondent of the School delivered possession on 19-5-1995 which gave rise to a proceeding Under Section 145 of the Code of Criminal Procedure and possession was once again restored to the school...
The Registrar, Osmania University and A.P. State Council of Higher Edu ...
Court: Andhra Pradesh
Decided on: Jul-11-1996
Reported in: 1996(3)ALT945
P.S. Mishra, C.J. 1. Instant appeals, under Clause 15 of the Letters Patent, have arisen from the judgment in a petition (W.P.No.24563 of 1995) under Article 226 of the Constitution of India by V. Rajasatyanarayana, minor, represented by his father.2. Relevant facts giving rise to the writ petition and the appeals are as follows:The Osmania University Academic Council created supernumerary seats in favour of its employees' children in the year 1981 and enforced it from the academic year 1981-82 and followed it by such reservations for the employees of the constituent colleges as well. It received representations from the employees of the affiliated colleges for similar benefit and it agreed to extend the reservation to the children of the employees of affiliated colleges by its Circular No. 3308/D/351/II/84/Acad., dated 5-9-1994. Validity of the said reservation, however, was questioned before this Court and in Vijaya Govind v. Osmania University, 1987 (2) ALT 283 the Court held the re...
Dulcie M. Robb Vs. Murid Hyder and ors.
Court: Andhra Pradesh
Decided on: Jul-10-1996
Reported in: 1996(4)ALD28; 1996(2)ALD(Cri)760; 1996(3)ALT161; 1997CriLJ1051
M.N. Rao, J. 1. This contempt case concerns the alleged non-compliance of the decree granted by a Division Bench of this Court (to which one of us, M. N. Rao, J., was a party) on a compromise memo in L.P.A. No. 265 of 1990 dated 30th April, 1992. The petitioner herein is the sister of one Stanley Anthony Corbett, who was the exclusive owner of House No. 246 (old) corresponding to 10-2-375 (new) at Road No. 8, West Marredpally, Secunderabad. The house is situate in the cantonment area where land was leased out for 99 years by the Cantonment Board. Stanley Anthony Corbett died a bachelor. By a Will dated 9-1-1956, he bequeathed the house in question to the petitioner herein. Her suit - O.S. No. 241 of 1980 - for grant of Letters of Administration was decreed by the Chief Judge, City Civil Court, Hyderabad. The first defendant in the suit is another sister of the deceased Stanley Anthony Corbett. Against the suit, C.C.C.A. No. 15 of 1984 was preferred by the first defendant to this Court ...
State of Andhra Pradesh Vs. Vbc Exports Ltd. and ors.
Court: Andhra Pradesh
Decided on: Jul-10-1996
Reported in: [1996]103STC532(AP)
Syed Shah Mohammed Quadri, J. 1. In these T.R.Cs. the question that arises for consideration is whether the benefit of G.O. Ms. No. 116 dated 8th February, 1989, issued under section 9(1) of the Andhra Pradesh General Sales Tax Act (for short, 'the Act'), would be effective from the date of publication of the G.O. or from the date of commencement of the assessment year. 2. To appreciate the question, we shall refer to the facts in T.A. No. 329 of 1989 which represents the facts in other cases. 3. The assessee is a dealer in prawns, etc. In the assessment year 1988-89 (for the period from April, 1988 to September, 1988) they reported a total turnover of Rs. 2,86,71,783. Out of the said turnover they claimed that a sum of Rs. 2,67,62,033 represented export sales. The assessing authority disallowed the same. The petitioner unsuccessfully filed an appeal before the Appellate Deputy Commissioner and thereafter he approached the Sales Tax Appellate Tribunal. There is another development whic...
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