Andhra Pradesh Court July 1996 Judgments

Smt. Gutta Rajyalakshmi Vs. the Presiding Officer and Election Officer ...

Court: Andhra Pradesh

Reported in: 1996(3)ALT84

ORDERM.N. Rao, J.1. Seeking a writ of Certiorari for quashing of Section 153(1) 2nd proviso of Andhra Pradesh Panchayat Raj Act, 1994 and Rule 13(7)(i) and (ii) of the Rules issued in G.O.Ms. No. 756, dated 30-11-1994 and for a consequential direction declaring the proceedings issued by the Presiding Officer and Election Officer, Rajupalem Mandal Parishad, Guntur, the first respondent herein on 17-1-1996 in reference No. 144/95 as mala fide, illegal and unconstitutional this writ petition was filed by Smt. G. Rajya Lakshmi who by the aforesaid order of the first respondent - ceased to be a member of the Nemalipuri Territorial Constituency of Rajupalem Mandal.2. On 12-3-1995 the petitioner herein was elected as member of the Mandal Praja Parishad, Rajupalem Mandal of Nemalipuri Territorial Constituency. The election of President and Vice President of the Mandal Parishad was fixed for 18-3-1995. As there was no quorum on that day, the meeting was adjourned to the next date i.e., 19-3-199...

Dr. Ashok Ballurkar and Osmania University, Rep. by Its Registrar and ...

Court: Andhra Pradesh

Reported in: 1996(3)ALT1090

Y. Bhaskar Rao, J. 1. First and fourth respondents have filed the writ appeals aggrieved by the order of the single Judge in allowing the writ petition filed by the petitioner therein to declare the selection of the fourth respondent as Professor in Geophysics as illegal, arbitrary and violative of Article 14 of the Constitution and to consequently direct the first respondent to conduct fresh selections as per rules. For the purpose' of convenience, we will refer to the parties as arrayed in the writ petition.2. The petitioner and the fourth respondents were working as Readers in the Department of Geophysics of Osmania University. The petitioner passed M.Sc. Tech. in Geophysics in 1968 and was appointed as Lecturer in Geophysics in Osmania University in the year 1973. He was conferred with the Doctorate Degree in Geophysics in the year 1977 and in 1979 he was appointed as Reader in Geophysics. The case of the petitioner is that the fourth respondent has passed only M.Sc., Geology and p...

Branch Manager, Lic of India and Another Vs. D. Venkata Laxmana Babu

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complainant in CD 156/93 District Forum, Khammam has taken a limited life insurance (under table 5) on 20.7.83 for a sum of Rs. 2 lakhs from the opposite party No. 1. According to the terms and conditions of the policy, the complainant has to pay a sum of Rs. 2,615/- towards the half yearly premium for a period of 30 years. The policy amount will be paid after the death of the policy holder to his survivors. But the policy provided that the policy holder during his life time can surrender the policy and obtain a loan upto 90% of the surrender value as was prevailing in 1983. It is the case of the complainant that in the year 1988 when he approached the opposite party No. 1 i.e., the Branch Manager, LIC of India, Khammam and the Divisional Manager was also made a second opposite party, for obtaining loan on the surrender value of the policy, he was informed that the surrender value of the policy was reduced with effect from 1.7.88. But according t...

M/S. Padmavathi Constructions Vs. the A.P. Industrial Infrastructure C ...

Court: Andhra Pradesh

Reported in: AIR1997AP1; 1996(3)ALT953

ORDER1. Brief facts as can be gathered from the averements made in the affidavit filed in support of the Writ Petition are asunder :The petitioner is a Registered firm and was entrusted the construction of Polytechnic Hostel and Staff Quarters including internal and external amenities and Campus development under L. S. Agreement No. 10/94-95 dated 30-7-1994.2. The site of work is said to have been handed over to the petitioner on 10-9-1994 and time stipulated for completion of the work is 12 months and as such the due date of completion of the work was 9-9-1995. The contract value is Rs. 1,90,74,948/-. The petitioner claims that in spite of earnest efforts made by the petitioner, the work could not progress as contemplated due to causes beyond petitioner's control and some of the cause are attributable to the Respondent-Department for which the Department is solely responsible, according to the petitioner. It is further alleged that by a letter dated 8-7-1995, the petitioner was inform...

Polampalli Krishna Murthy Vs. the District Panchayat Officer and ors.

Court: Andhra Pradesh

Reported in: 1996(3)ALT419

C.V.N. Sastri, J.1. In this writ petition, the petitioner seeks to question the validity of an order dated 6-7-1995 passed by the District Panchayat Officer, Adilabad District, the first respondent herein and the consequential order dated 17-7-1995 issued by the Executive Officer, Asifabad Gram Panchayat the second respondent herein, directing the petitioner to stop the house construction work being carried on by the petitioner till the disposal of the appeal/revision petition filed by respondents 3 and 4 before the District Panchayat Officer. The facts leading to the writ petition may be stated briefly.2. The petitioner claims to be the absolute owner and possessor of the house bearing No. 6-140 situated at Asifabad, Adilabad District According to him, he purchased the vacant plot of land from one Noorjahan Begum under a registered sale deed dated 9-5-1977 and constructed the house bearing No. 6-140 therein in the year 1985 after obtaining permission from the local Gram Panchayat. Wit...

State of A.P. Rep. by Advocate General Vs. Dr. A. Gopal Menon, Secreta ...

Court: Andhra Pradesh

Reported in: 1996(2)ALD(Cri)386; 1996(3)ALT296

A.S. Bhate, J.1. These two Criminal Contempt Cases against respondent, Dr. A. Gopal Menon are being taken up and disposed of by a common judgment.2. In Contempt Case No334 of 1996, this Court has initiated suo motu proceedings for contempt Under Section 15 of the Contempt of Courts Act, (70 of 1971) (hereinafter referred to as 'the Act'). These proceedings were initiated on basis of an alleged grievance representation sent by respondent to the Hon'ble the Chief Justice of this Court. The background needs to be stated in brief only.3. The respondent sent a Grievance Petition dated 30th August, 1995 to the Hon'ble Chief Justice of this Court stating thus:'The adverse party in Crl.P. 1960/94 filed by Sri R. Subash Reddy, Lawyer suspiciously filed forged sale deed and fictitious documents, and exercised considerable influence on Justice Y. Bhaskar Rao, who presided over the matter became a puppet in the hands of Sri R. Subash Reddy, Advocate, overlooked the material evidence quashed the tr...

Himabindu Chemicals (P) Ltd. Vs. the Joint Collector

Court: Andhra Pradesh

Reported in: 1996(3)ALT618

ORDERM.H.S. Ansari, J.1. This Writ Petition is filed seeking a writ in the nature of Certiorari for quashing the impugned proceedings dated 22-5-1996. The impugned proceedings are orders passed Under Section 6-A of the E.C. Act, 1955 (for short 'the Act'). By the impugned proceedings, the petitioner was found to have violated the conditions laid down in the permit issued by the Commissioner of Civil Supplies by purchasing the rice locally and fraudulently showing it as having been procured from Madhya Pradesh apart from having violated Conditions 4, 7 and 12 of the A.P. Scheduled Commodities (Licensing and Distribution) Order, 1982 and consequently the entire commodity of the seized stock or its equivalent value were directed to be confiscated Under Section 6-A of the Act.2. A few brief facts need to be stated. The petitioner is a firm which was permitted by various orders of the Commissioner, Civil Supplies to purchase and export 6,000 MTs of Par Boiled Rice to Bangladesh through Andh...

Shaik Jamal Basha Vs. Government of India, New Delhi and ors.

Court: Andhra Pradesh

Reported in: 1996(2)ALD(Cri)453; 1996(3)ALT699; 1997(91)ELT277(AP)

Lingaraja Rath, J.1. Though this case is listed for admission yet since the question involved is simple the learned Standing Counsel for the Central Government has been given notice of its final disposal at the admission stage. Filling of counter-affidavit is not necessary, as is also conceded by him, since the relief sought for is a writ of certiorari against orders passed by the statutory authority and by the Government in revision. 2. The petitioner had arrived from Saudi Arabia on 7.9.1994 and failed to declare 320 grams of gold bits concealed in the handle of his brief-case. In the proceedings started against him the gold was confiscated under orders of the Deputy Collector of Customs on the same day. His appeal before the Commissioner of Customs, failed as also the revision before the Government. Both the authorities took the view that since the conduct of the petitioner was not only evasion of duty but also of concealment, he was not entitled for only levy of any penalty and tha...

State Bank of Hyderabad Vs. Andhra Pradesh Industrial Development Corp ...

Court: Andhra Pradesh

Reported in: 1998(6)ALD223; 1998(4)ALT781; [1999]98CompCas612(AP)

B. Sudershan Reddy, J.1. The petitioner, State Bank of Hyderabad, prays for an appropriate writ, order of direction more particularly one in the nature of writ of mandamus directing respondents Nos. 1 and 2 herein to sell the assets of the third respondent-company after revaluation of the assets in consultation with the bank. The petitioner also prays for a further consequential declaration declaring the sale of the assets of the third respondent in favour of the seventh respondent as illegal and void. 2. Before we take up the, rival contentions that were urged before us, it would be appropriate to notice relevant facts required for the adjudication. 3. The petitioner-bank along with respondents Nos. 1 and 2 sanctioned an amount of Rs. 53 lakhs, Rs. 71.39 lakhs and Rs. 33.02 lakhs, respectively, to respondents Nos. 3 to 6 herein under various heads such as medium term loan, working capital, term loan, etc., to establish an industry. The petitioner and respondents Nos. 1 and 2 constitut...

Sree Kumar and Company Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: [1997]104STC25(AP)

Syed Shah Mohammed Quadri, J.1. The order of the Sales Tax Appellate Tribunal, passed on August 20, 1987 in T.A. Nos. 200 and 201 of 1983, is assailed by the dealer-assessee in these T.R.Cs. 2. In the assessment years 1979-80 and 1980-81 the petitioner was engaged in the business of spreading ballast along railway track. The transaction was treated as 'sale' but not as 'works contract' as claimed by the petitioner, and orders of assessment were made on September 30, 1981. Against that order, the petitioner filed appeals before the Appellate Deputy Commissioner but they were dismissed on February 1, 1983. The correctness of those orders was questioned by the petitioner in T.A. Nos. 200 and 201 of 1983 before the Sales Tax Appellate Tribunal. The Tribunal dismissed those appeals on August 20, 1987, as such the petitioners are before us in these revisions. 3. T.R.C. No. 39 of 1988 relates to the assessment year 1979-80 (T.A. No. 200 of 1983) and T.R.C. No. 35 of 1988 relates to the assess...