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Andhra Pradesh Court August 1996 Judgments

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Aug 29 1996

Gangaram and P. Ramachandra Reddy Vs. State Election Commission and or ...

Court: Andhra Pradesh

Decided on: Aug-29-1996

Reported in: 1996(4)ALT454

M.N. Rao, J.1. This judgment will dispose of both the writ petitions in view of commonality of questions of law and fact involved.2. The petitioner in W.P.No. 1533 of 1996 - Sri Gangaram - was elected from Mirzapur Mandal Parishad Territorial Constituency on Congress Party ticket to the Bhainsa Mandal Parishad. Bhainsa Mandal Parishad in Adilabad District consists of eight territorial constituencies. Every Mandal Parishad, as per Section 153 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act'), shall have one President and one Vice-President elected by the elected members of the Mandal Parishad. The office of the President/ Bhainsa Mandal Parishad, was reserved for members of Scheduled Castes in accordance with the procedure prescribed under sub-section (2) of Section 153 of the Act. Of the eight elected members of the Bhainsa Mandal Parishad, three belonged to the congress Party and five to the Telugu Desam Party (for short 'T.D.P.'). Apart from the elected members,ever...


Aug 29 1996

Md. SalauddIn and Nisar Ahmed Bhat Vs. the State of A.P. Rep. by the I ...

Court: Andhra Pradesh

Decided on: Aug-29-1996

Reported in: 1996(2)ALD(Cri)324; 1996(3)ALT836

ORDERS.R. Nayak, J.1. The Terrorist and Disruptive Activities (Prevention) Act, 1987, for short 'the Act', was allowed to be a history by efflux of eight years time fixed under Sub-section (4) of Section 1 of the Act, but the question whether the prosecution launched against the two petitioners in these two writ petitions under the provisions of the Act is valid or not is still engaging the attention of the Court.2. The petitioner in W.P. No. 7594 of 1996 is Accused No.8 and the petitioner in W.P. No. 7700of 1996 is Accused No. 2 in Sessions Case No. 595 of 1994 (Crime No. 151/93) on the file of the Designated Court-cum-Metropolitan Sessions Judge, Hyderabad. The petitioner in W.P. No. 7594 of 1996 has prayed for Writ of Habeas Corpus or any other appropriate order or direction in the nature of a writ calling for the records in S.C. No. 595/94 on the file of the Designated Court-cum-Metropolitan Sessions Judge, Hyderabad declaring that the action of the respondent in invoking the provi...


Aug 28 1996

The Associated Cement Companies Ltd. Vs. Andhra Pradesh State Electric ...

Court: Andhra Pradesh

Decided on: Aug-28-1996

Reported in: AIR1997AP142; 1996(4)ALT1011

ORDERS. Parvatha Rao, J. 1. In this writ petition, the petitioner questions the decision of the A. P. State Electricity Board --respondent herein, communicated to it by the Member Secretary in Letter No.SE(Comm1.)/ III/281/88-1, dated 14-12-1988, on its representation made pursuant to the orders ofthe Hon'ble Supreme Court in Civil Appeal No. 800, of 1988 in the matter of higher voltages prescribed by the Board in B.P.Ms. No. 607, dated 21-7-1981.2. The facts in brief have to be stated first. The petitioner, a public limited company, set up a factory at Mancherial for manufacturing Portland Cement. It entered into an agreement with A. P. State Electricity Board in 1958 for supply of High Tension (H.T.) energy to that unit. Initially, the contracted demand was 5000 KVA at 3.3 KV pressure. Subsequently, at the request of the petitioner, the contracted demand was increased to 7,000 KVA. Thereafter, on 20-1-1981, the petitioner addressed a letter to the respondent-Board requesting for a fu...


Aug 28 1996

Commissioner of Income-tax Vs. Surya Bhagavan Vastralayam

Court: Andhra Pradesh

Decided on: Aug-28-1996

Reported in: (1998)145CTR(AP)127; [1997]227ITR304(AP); [1998]98TAXMAN183(AP)

Syed Shah Mohammed Quadri, J.1. In this reference under section 256(1)) of the Income-tax Act, 1961 (for short 'the Act'), at the instance of the Revenue, the following question is referred to this court for opinion, viz., 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is correct in law in holding that consequent on the death of one of the partners, Sri B.V. Satyanarayana, on August 28, 1978, there was dissolution of the firm under section 187(2) of the Income-tax Act and consequently directing two separate assessments for the assessment year 1979-80-one for the period up to the date of death of the partner and the other for the subsequent period ?'2. The respondent is the assessee. It is a registered firm. In the previous year relevant to the assessment year 1979-80, there were six partners in the firm. Out of them, one partner, Sri B.V. Satyanarayana, died on August 28, 1978. In the partnership deed there was no stipulation that in the event of de...


Aug 28 1996

Shaik Abdul Hameed and ors. Vs. Chirala Municipality, Rep. by Its Comm ...

Court: Andhra Pradesh

Decided on: Aug-28-1996

Reported in: 1997(2)ALT257

ORDERB. Subhashan Reddy, J.1. This Writ Petition was filed questioning the notice dated 19-8-1988 issued by the respondent-Chirala Municipality demanding the petitioners to vacate the shops, which they have occupied on lease basis.2. Indisputably the shops belong to Chirala Municipality, which is a statutory body and a local authority constituted under the Andhra Pradesh Municipalities Act, 1965 (for short 'the Act') and which is governed by the above statute and the rules framed thereunder.3. It is very safe to auction leasehold rights and that what was being done by the Municipalities normally; but it seems Chirala Municipality in some cases extended the leases by collecting 1/3 rentals in excess of the existing rentals. Henceforth, that practice has to be stopped. There cannot be any discrimination between one tenant and another tenant of the Municipality, as otherwise it will be violative of equality clause under Article 14 of the Constitution of India. It is deprecating to note th...


Aug 28 1996

Yalamanchili Rama Krishna Rao Vs. Musunuru Seshadri Sastry (Died) Per ...

Court: Andhra Pradesh

Decided on: Aug-28-1996

Reported in: 1996(4)ALT319

Krishna Saran Shrivastav, J.1. This revision is directed against the judgment passed by the Subordinate Judge, Vijayawada in R.C A. No. 107/82, dated 24-2-1990, whereby the order of eviction and decree pased by the Rent Controller in R.C.C. 65/1981 has been confirmed. This judgment shall also govern the disposal of C.R.P. 302/95 because it is arising out of I.A. No. 3282/94 in R.C.A. No. 107/82, that is to say the appeal against which this revision petition has been filed. 252. The facts giving rise to this revision, in brief, are that the deceased respondent No. 1 was the owner and landlord of the double storeyed building situated in Kaleswara Rao Road, Governorpet, Vijayawada. He was occupying the ground floor of this building, except a portion measuring about 6 ft x 8 ft. which was let out to 'Vijaya Diesel House'. The petitioner was inducted as a monthly tenant by the deceased landlord in a portion of the 1st floor of the said building while the remaining portion was let out to Vir...


Aug 28 1996

The District and Sessions Judge Vs. the Executive Engineer, R and B De ...

Court: Andhra Pradesh

Decided on: Aug-28-1996

Reported in: 1996(2)ALD(Cri)844; 1996(4)ALT546; 1997(1)ALT(Cri)250

P.S. Mishra, C.J.1. The District and Sessions Judge, East Godavari at Rajahmundry sent a letter No. 8126 dated 8-9-1995 to the Registry of the Court stating that on the existing ground floor of the reading and library room of the Bar Association building at Rajahmundry, first floor was being constructed and when enquiries were made, it was revealed that the then local Member of Parliament, Sri K.V.R. Chowdary had granted an amount of Rs. 1,35,000/- for the construction of first floor of the said building and released the said amount in favour of the Executive Engineer and the Executive Engineer had taken up the construction work. He further stated that the present Bar Association building was within the control of Judicial Department and that on his initial enquiry, he came to know that the foundation laying ceremony was organised earlier during the time of his predecessor and that no permission had been obtained earlier for construction of first floor. The District Judge further state...


Aug 27 1996

Mahabubnagar Citizens Council (Regd. Society) Vs. District Consumer Di ...

Court: Andhra Pradesh

Decided on: Aug-27-1996

Reported in: AIR1997AP111; 1997(1)ALT60

ORDERLingaraja Rath, J. 1. The only question raised in this appeal is the correctness of the circular issued by the respondent on 7-11-1995 following the decision of the State Consumer Disputes Redressal Commission, West Bengal that a complaint can be filed by the consumer activists organisation on behalf of its members alone, but for none else. Since that is the only question raised and the respondent has appeared through the counsel to justify the circular, we dispose of this appeal at the admission stage after hearing the learned counsel on both sides. The impugned circular of the respondent runs as follows:'It is, therefore, clear from the above decision that a complaint can only be filed by' the Consumer Activists Organisation on behalf of its member alone, but none else. Hence, it is necessary that this legal report shall be taken note of by the Consumer Activists Organisation which are filing complaints in this Forum.'2. In support of the writ petition it is stated in the affida...


Aug 27 1996

Gimpex Limited, Rep. by Mr. R. Ganapathy, General Manager (Operations) ...

Court: Andhra Pradesh

Decided on: Aug-27-1996

Reported in: 1996(4)ALT439

P.S. Mishra, C.J.1. The petitioner-appellant Company/ it is not in dispute, is allotted 20,000 metric tonnes of Chemical 'A' Grade Barytes under an agreement by the Andhra Pradesh Mineral Development Corporation, (hereinafter called 'the Corporation'), which is a State Government undertaking. The Corporation has- the sole prerogative to expolit the sub-soil mineral rights in the area. The above agreement, which is reflected in the letter dated 19-10-1995, however, has not been honoured by the Corporation, it is alleged, because by an order dated 19-10-1995, the supply was suspended purportedly under the instructions of the Principal Secretary to the Government, Department of Industries and Commerce. The petitioner-appellant, however, addressed a letter dated 26-10-1995 to the Secretary concerned and sought action for delivery of the Barytes, pursuant to the said agreement. The letter remained unreplied and it is alleged, while in the case of the petitioner-appellant, the Corporation ha...


Aug 27 1996

Sri P. Narayana Swami, Trade Unionist Vs. the S.i. of Police and ors.

Court: Andhra Pradesh

Decided on: Aug-27-1996

Reported in: 1996(4)ALT241

ORDERLingaraja Rath, J.1. This case was initiated on the basis of a telegram sent by the petitioner alleging that one Sammireddy A. Srikanth, kidnapped by the police, is still in the police custody. On the same day the petitioner sent a letter to the Hon'ble the Chief Justice alleging that in the last week of May police announced Mr. Sammireddy (A) Rama Kanth and his wife, Smt. Niranjana to have expired in police encounter, but that a drama had been played inasmuch as another person had died in the encounter but not Sammireddy and that fact appeared in Vaartha, a Telugu Daily news paper, on 31-7-1996. The telegram was treated as a petition for Habeas Corpus and on notice being issued, counter affidavit was filed denying the fact that the alleged detenu Sammireddy had not died in the encounter. It was stated that Sammireddy alias A. Srikanth, alias Ramakanth alias Ashok was originally a coal cutter in the Singareni Collieries. Subsequently he joined as the member of the Singareni Karmik...


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