Andhra Pradesh Court January 1997 Judgments
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Kotipalli Chitti Vs. Special Deputy Collector, Land Acquisition for On ...
Court: Andhra Pradesh
Decided on: Jan-24-1997
Reported in: 1997(2)ALT429
ORDERA. Hanumanthu, J.1. This revision is directed against the order and decretal order, dated 27-34992 passed in I.A. No. 163 of 1992 in O.P. No. 33/1989 on the file of the Subordinate Judge, Rajahmundry. By the impugned order, the learned Subordinate Judge rejected the O.P. No. 33/1989 referred under Section 18 of the Land Acquisition Act (hereinafter called Act).2. The lands belonging to the revision-petitioner and some others were acquired for the purpose of construction of Base Complex, Administrative and Technical Offices, Storage Sheds, Work Shops, transport yard, etc., by the Oil and Natural Gas Commission, Rajahmundry. The Land Acquisition Officer after making appropriate enquiry, passed the Award No. 7/88, dated 30-6-1988 fixing the compensation for the acquired land at Rs. 50,000/- per acre and also granted other benefits under the Act. Not satisfied with the compensation awarded by the Land Acquisition Officer the petitioner and other claimants filed before the Land Acquisi...
T. Purshotham Vs. Circle Inspector of Police and ors.
Court: Andhra Pradesh
Decided on: Jan-22-1997
Reported in: 1997(1)ALD(Cri)674
P.S. Mishra, C.J.1. Petitioner herein, who is a practicising Advocate, has made a grievance that for what he thought was his legitimate duty and accordingly informed this Court by telegrams that quite a few persons were kept at different police stations of the district of Mahbubnagar illegally, have been subjected to serious harassment by respondents 1 to 7 and called by them by notices under Section 160(2) of the Code of Criminal Procedure, 1973 to appear before them for interrogation in matters with which he has absolutely no concern and on the allegation that he has failed to respond to such notices, he has been subjected to the charge under Section 188 of the Indian Penal Code. 2. In response to the notice issued by this Court, only 7th respondent has filed a counter and has stated as follows : 'It is also true that the petitioner is in the habit of giving telegrams to the High Court without any material, only on presumptions and surmises. The allegations in para 3 of the affidavit...
Mandela Nagasurya Ranga Rao Vs. the Excise Superintendent and ors.
Court: Andhra Pradesh
Decided on: Jan-22-1997
Reported in: 1997(2)ALT748
ORDERKrishna Saran Shrivastav, J.1. In this Writ Petition under Article 226 of the Constitution of India the petitioner assails the attachment order dated 29-05-1989 issued by the third respondent for the recovery of Rs. 6,37,902-60 being the excise arrears for the year 1988-89 on the ground that recovery is illegal and arbitrary.2. The facts of the case, in brief, are that the petitioner was the successful bidder for Achugatlapalem, Pedapeta and Penumadam road arrack shops in the auction held in the year 1988. The petitioner also deposited the necessary amounts after acceptance of his bid as per the A.P. Excise (Lease of Right to sell Arrack in Retail) Rules, 1988. Therefore, licences were issued to him for carrying on the business by paying the privilege fees and issue prices etc. The petitioner has also given an undertaking in Form-IV counterpart agreement at the time of obtaining licences wherein it has been mentioned that the licensing authority shall redispose the shops in case t...
M/S. Lotus Constructions Vs. the Government of Andhra Pradesh and Anot ...
Court: Andhra Pradesh
Decided on: Jan-21-1997
Reported in: AIR1997AP200; 1997(2)ALT608
ORDER1. The petitioner in the instant writ petition prays for an appropriate writ, particularly one in the nature of Writ of Mandamus declaring the impugned G.O. Ms. No. 54, Youth Advancement, Tourism and Culture (T) Department, dated 6-8-1996 of the first respondent to be null and void, so faras granting of lease under the earlier G.O.Ms. No.31, Youth Advancement, Tourism and Culture Department, dated 14-5-1996 regarding Bhavanipuram Islands, Vijayawada in favour of the petitioner and further direct the first respondent to abstain from implementing the impugned Governmental Order.THE FACTUAL MATRIX: 2. Andhra Pradesh Travel and Tourism Development Corporation Limited consequent to the policy decision of the State Government to harness private enterprises to promote, establish and run tourist activities at several places and projects in the State of Andhra Pradesh as joint enterprises issued an advertisement inviting tenders from reputed groups for the development of tourism and inter-...
G. Dayanand Vs. Chief Conservator of Forests, State Trading Circle and ...
Court: Andhra Pradesh
Decided on: Jan-21-1997
Reported in: 1997(2)ALT380
ORDERP. Venkatarama Reddi, J.1. The petitioner challenges in this Writ Petition the action of the Respondent- Forest Officials in invoking the Bank guarantees dt. 9-1-1990 bearing Nos. 24/90 and 31/90 issued by the Indian Overseas Bank, Hanamkonda, Warangal District for Rs. 4,74,474/-. The petitioner seeks direction to return the said Bank guarantees. Pursuant to the acceptance of the Tender submitted by the petitioner, he was awarded the contract for the purchase of Abnus leaves collected in Unit No. 67 of Narsampet Forest Range, Warangal South Division. The tender rate was Rs. 43.45 ps. per Kg. and the estimated sale quantity was 1,09,200 Kgs. By virtue of the contract, the petitioner was entitled to purchase the collected, cured, bagged and stored Abnus leaves. The sale is governed by the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Act, 1971 read with the Andhra Pradesh Minor Forest Produce (Regulation of Trade in Abnus Leaves) Rules. The Andhra Pradesh Forest Developm...
Pannayala Venkataswamy Goud and Others Vs. Rudra Veeraiah
Court: Andhra Pradesh
Decided on: Jan-21-1997
Reported in: 2000(4)ALD85; 2000(1)ALT440
1. The unsuccessful plaintiffs who have lost in both the Courts below have come up in second appeal. The suit is filed for setting aside an ex parte decree dated 28-8-1969 passed in OS No.31 of 1969 on the file of the Chief Judge, City Civil Court, Hyderabad on the ground that it was obtained by fraud and consequently to cancel the sale deed dated 23-4-1981 got executed by the defendant through Court in execution of the said decree. The facts leading to the second appeal may be briefly stated:The plaintiffs 1 and 2 are the sons and plaintiff No.3 is the widow and plaintiffs 4 to 8 are the daughters of one late Pannayala Balaiah who died on 12-4-1978. The plaintiffs 1 and 2 and their father borrowed a sum of Rs.9,000/- from the defendant who is a money fender under two promissory notes dated 9-4-1961 (Exs.B1 and B2). They also executed an agreement (Ex.B3) on the same date agreeing to mortgage the properties mentioned in Schedules 1 and 2 of the said agreement to the defendant if they f...
Students of A.P.A.U. and Miss Anuradha, Student Vs. the Registrar, A.P ...
Court: Andhra Pradesh
Decided on: Jan-21-1997
Reported in: 1997(1)ALT547
P.S. Mishra, C.J.1. A representation to the Chief Justice of the Court from the students of the A.P. Agricultural University is registered as a petition under Article 226 of the Constitution of India. Representation, inter alia, brought to the notice of the Court an incident which occurred on 13-9-1996. A final year B.Sc., (Agrl.) student - Ms. Anuradha, the second petitioner, was subjected to attack allegedly by one N. Srinivas Reddy, a student in Veterinary Science College of 1990 batch by some acid and she suffered extensive and deep burn injuries on her face and other parts of her body. Srinivas Reddy was allegedly harassing her for quite some time and in spite of representations and informations, the Principal and other persons took no steps to prevent him and/or to ensure that she was not harassed. The representation expressed, 'Principal of Agriculture College did not bother to provide security though he was in News about the happenings and even went to the extent of passing der...
Girdhari Lal Rathi Vs. P.T.V. Ramanujachari and anr.
Court: Andhra Pradesh
Decided on: Jan-20-1997
Reported in: 1997(1)ALT(Cri)509; [1998]94CompCas139b(AP)
Krishna Saran Srivastav, J.1. This is an appeal against the acquittal of the first respondent of the charge levelled against him under section 138 of the Negotiable Instruments Act, 1881. 2. The case of the appellant-complainant in brief is that he deals in manufacture of general merchandise and had business dealings with the first respondent who owed a sum of Rs. 5,45,000 as per the settlement of account dated March 31, 1990. The first respondent, in discharge of his liability to pay the said amount, issued a cheque for Rs. 5,45,000 drawn on Canara Bank, Sultan Bazar, Hyderabad. The appellant presented the cheque with his banker which sent it for realisation to the bank of the first respondent but it was dishonoured, and, therefore, the appellant issued a registered notice which was served on the first respondent on June 26, 1990. But, the first respondent/accused did not make the payment and, therefore, he is liable to be convicted under section 138 of the Negotiable Instruments Act....
R.K. Mahapatra and ors. Vs. Secretary to Government and anr.
Court: Andhra Pradesh
Decided on: Jan-20-1997
Reported in: [1998]92CompCas809(AP)
S. Dasaratharama Reddy J.1. This is a petition filed by the managing director and former directors of Mishra Dhatu Nigam Limited (a Government of India undertaking) under section 633(2) of the Companies Act, 1956 (for short, 'the Act'), for relieving them from liability, if any, on the ground that they have acted honestly and reasonably in depositing the surplus funds of the company in SBI Capital Markets Ltd., and in ANZ Grindlays Bank. In the petition they state that the Registrar of Companies issued a show-cause notice to the company on May 3, 1995, under sections 49, 211, 292, 292(1)(d) and 292(3) of the Companies Act, 1956, alleging that the meeting of the board of directors held on July 20, 1989, authorised the managing director to deal with the surplus funds without specifying the total amount up to which they can be invested and the nature of investments, thus violating section 292(3). It is also alleged that they contravened section 292(1)(d) in making investments in non-banki...
Mishra Dhathu Nigam Ltd. Vs. State
Court: Andhra Pradesh
Decided on: Jan-20-1997
Reported in: [1998]92CompCas730(AP)
S. Dasaradharama Reddy, J.1.These are petitions filed by the petitioner-Company, a Government of India undertaking, for quashing the proceedings in S.T.C. Nos. 11 to 14 of 1995, on the file of the Special Judge for Economic Offences, Hyderabad, seeking prosecution of the company for the following offences launched under the Companies Act (for short 'the Act') : ----------------------------------------------------------------------Case Offence Section under PunishmentNo. which complaint prescribedis filed----------------------------------------------------------------------STC 11 of 1995 Failure to comply Section 49(9) Fine up towith section 49(1)(a) Rs. 5,000of the ActSTC 12 of 1995 Violation of section Section 629A Fine up to292 r/w. article Rs. 50085(XII) of thearticles ofassociationSTC 13 of 1995 Violation of section do. do.292(1)(d) of the ActSTC 14 of 1995 Violation of section do. do.292(5)-------------------------------------------------------------------- 2. The averments in the...
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