Andhra Pradesh Court October 1997 Judgments
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R. Balanarasamma and ors. Vs. K. Ramakrishna Reddy and anr.
Court: Andhra Pradesh
Decided on: Oct-28-1997
Reported in: I(1998)ACC200; 1999ACJ606
B.K. Somasekhara, J.1. The claimants in O.P. No. 147 of 1989 before the Motor Accidents Claims Tribunal, Ranga Reddy District, have questioned the award of the Tribunal dated 19.3.1990 wherein the Tribunal while conceding the claim in favour of the claimants to the extent of 50 per cent of Rs. 1,30,800 (Rs. 65,400) held that the accident was due to the negligence of the drivers of the two lorries ADQ 7155 and ATR 600 and not mainly due to the negligence of the driver of the lorry ADQ 7155. The respondent No. 1 is the owner of the lorry ADQ 7155 and the respondent No. 2 is its insurer. The claim was lodged under Section 110-A of the Motor Vehicles Act, 1939 (for short 'the Act') for recovery of Rs. 2,00,000 by way of compensation.2. The claimant No. 1 is the wife, claimant Nos. 2 to 6 are the children and the claimant No. 7 is the mother of the deceased Sathaiah, who died in the motor accident that occurred on 4.12.1988 while he was travelling in the lorry ATR 600 due to the alleged neg...
Proluguralla Koteswara Rao Vs. Maddi Hemalatha Devi
Court: Andhra Pradesh
Decided on: Oct-27-1997
Reported in: 1998(1)ALD145; 1997(6)ALT770
1. The petitioner in this Revision Petition is the original tenant of thepremises in question and the respondent is the landlord thereof. The finding recorded by the learned Principal Subordinate Judge, Guntur, in I.A.No. 616 of 1995 in RCA.No. 15 of 1987 by order dated 3-7-1995 that the tenant was not entitled for a permission to deposit Rs.3,360/- towards rent upto 31-3-1995 into Court, is challenged in this revision petition.2. The learned Judge before arriving at the aforesaid conclusion took into consideration that the Eviction Petition being RCC.No.69 of 1982 which was allowed by the Rent Controller, Guntur, was challenged by preferring an appeal being RCA.No.15 of 1987. The said appeal was decided against the landlord against which the landlord filed CRP.No.2650 of 1993 before this High Court which was pending. The tenant originally filed RCC.No.44 of 1989 under Sections of the Rent Control Act for permission to deposit the rent into the Court which was allowed and the tenant wa...
A.P. Judicial Employees Association and ors. Vs. Secretary, Finance an ...
Court: Andhra Pradesh
Decided on: Oct-27-1997
Reported in: 1998(1)ALD403a
ORDERS. Parvatha Rao, J 1. Thepetitioners herein seek a Writ of Mandamus declaring the action of the respondents in ordering stoppage to Petitioners 2 to 6 herein of payment of two advance increments for possession of law degree qualification and ordering recovery of the said advance increments already paid to them as arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India 2. The petitioners rely on the decision of a Division Bench of this Court in S. Sankora Rao v. Secretary, Covt. ofA.P., 1997 (1) ALD 465 and in the normal course we would have allowed the Writ Petition by following that Judgment. But, the 1st petitioner happened to be the A. P. Judicial Employees Association and Petitioners 2 to 6, who are said to be the actual persons affected, did not file any affidavit. The affidavit in support of the Writ Petition was given by B. Kasinath Sastry, describing himself as the Organising Secretary of the 1st petitioner-Association. He stated that 'the Petit...
Chandra Rajakumari and anr. Vs. Commissioner of Police, Hyderabad and ...
Court: Andhra Pradesh
Decided on: Oct-27-1997
Reported in: 1998(1)ALD810; 1998(1)ALD(Cri)298; 1998(1)ALT329
ORDER1. The third respondent a women Organisation called Prerana Woman's Welfare Organisation, Hyderabad proposedto hold a beauty contest called 'Miss Andhra Personality Contest' (in short, beauty contest) on 10-8-1997 at Bharathi Vidya Bhavan, Hyderabad which was opposed by the other organisations called A.P. Mahila Samakhya, Hyderabad, All India Mahila Samskrithika Sangam (AIMSS), Progressive Organisation for Women (POW), and one Maharaja Sir Kishen Pershad Foundation, Hyderabad by sending petitions to the Hon'ble the Chief Justice of this Court, based upon which this public interest litigation (PIL) was registered as a taken up matter and the organisations were treated as the petitioners whereas the Respondent No. 1, the Commissioner of Police, Hyderabad, Respondent No.2, the Government of Andhra Pradesh and Respondent No.3 Prerana Women s Organisation, Hyderabad were called upon to answer the petitioners. Subsequently, the other respondents were added among whom Respondent 4 is one...
Dr. Vinod Chandra and Others Vs. State of Andhra Pradesh, Hyderabad an ...
Court: Andhra Pradesh
Decided on: Oct-27-1997
Reported in: 1999(2)ALD161; 1998(1)ALT261
ORDER1. The writ petition is filed challenging the notification issued by the Respondents dated 16-9-1997 under Section 6 of the Land Acquisition Act and for consequential declaration that notification issued under Section 4(1) dated 3-5-1994 as illegal and invalid.2. The petitioners are the owners of the premises bearing No. 11-4-660, Mehar Manzil, Red Hills, Hyderabad. The said property was under lease to Respondent No.2. The 1st respondent issued notification under Section 4(1) of the Act in G.O. Rt. No.198, dated 3-5-1994 published in A.P. Gazette dated 10-5-1994 proposing to acquire an extent of 3050 sq. metres. Thereupon 5(A) enquiry was held and the petitioners filed their objections. However, no action was taken. But, however, the 1st respondent issued an errata to Section 4(1) notification published in the Press on 19-5-1995 wherein the area was altered as 3780 sq. metres in the place of 3050 sq. metres originally notified. Questioning the said action of the respondents in iss...
K.P. Steels Limited Vs. Commissioner of Customs and Central Excise, Hy ...
Court: Andhra Pradesh
Decided on: Oct-27-1997
Reported in: 1998(1)ALT746; 1998(99)ELT44(AP)
ORDERSyed Shah Mohammed Quadri, J.1. The petitioners seeks a Writ of Mandamus directing the respondents to redetermine the annual capacity of the petitioner's unit on the basis of his application in accordance with the Hot Re-rolling Mills Annual Capacity Determination Rules, 1997 after verification of the distances between the opinion centres in the finishing mill at the petitioner's factory. 2. To appreciate the grievance of the petitioner, it would be necessary to refer to the relevant facts. The petitioner is engaged in the business of manufacture of M. S. Cold Twisted Deformed bars. The process involves heating and re-heating furnace and then rolling mills. It is a common ground that the goods manufactured by the petitioner are excisable under Tariff Items 7214.90 of the Central Tariff Act, 1985, for short 'Tariff Act', and the excise duty is payable under the provisions of the Central Excise Act, 1944, for short 'CE Act'. By Section, 3A of the Central Excise Act, the Central Gove...
N. Sanjeevaiah and ors. Vs. Andhra Pradesh Agricultural University and ...
Court: Andhra Pradesh
Decided on: Oct-24-1997
Reported in: 1998(1)ALD324; 1998(1)ALT436
ORDERP. Venkatarama Reddi, J.1. The petitioners who are casual labour engaged in Agricultural and Fruit Research Stations under the Control of A.P.Agricultural University have filed these Writ Petitions seeking for a direction to regularise their services. Though in Writ Petition No.3780 of 1988, the petitioners seek a further relief to promote them as Field Supervisors, this part of the prayer is not pressed before us.2. In each of the cases, the respondents have furnished particulars regarding the number of days they worked during the period 1983 to 1995.3. There are four petitioners in Writ Petition No.3780 of 1988. They were engaged as casual labour during the years 1983 and 1984 in Fruit Research Station at Sangareddy. They have the qualification of SSC. On the date of filing the Writ Petition, they were working as skilled farm-labour and they continue to work in that capacity till now. Except in the first year, right from 1984, petitioners 1, 2 and 4 worked for not less than 278 ...
Natraj theatre, Giddalur, Prakasam District Vs. Deputy Commissioner (E ...
Court: Andhra Pradesh
Decided on: Oct-24-1997
Reported in: 1998(1)ALD342
ORDERSyed Shah Mohammed Quadri, J. 1. The Special Appeal and the Writ Petition raise the same questions of law, so they are clubbed and heard together.2. The Special Appeal is filed against the order of the Deputy Commissioner in Proceedings Rc.No.1001/87/A6 dated 26-11-1987.3. The petitioner filed revision before the Deputy Commissioner (CT), Nellore, against the order of the Commercial Tax Officer passed in Agreement No.64/79-80 dated 23-1-1981 refixing the amount of tax payable under Section 5(1) of the Andhra Pradesh Entertainments Tax Act, 1939 (for short 4 'the Act'',). The liability of the petitioner was fixed under Section 5(1) of the Act for the period from June 26,1980 to June 25, 1981 at Rs.720-43 per week. The petitioner reported variation in the gross collection capacity consequent upon reduction in the seating capacity and because of upward revision of rates of admission which are said to have been approved by the Joint Collector, Ongole, Ihe licensing authority. So far a...
Varikoppula Rajam and anr. Vs. State and anr.
Court: Andhra Pradesh
Decided on: Oct-24-1997
Reported in: 1998(1)ALD521; 1998(1)ALD(Cri)44; 1998(1)ALT(Cri)174
ORDER1. Heard.2. Aggrieved by the orders dated 14-5-97 passed in Cr.M.P.No.827/97 on the file of the Sessions Judge, Karimnagar, in dismissing the application for condoning the delay in filing the appeal, the present petition was filed.3. Admittedly the trial Court convicted the petitioners for the offence under Sections 395 and 397 I.P.C. and sentenced them to undergo R.I. for a period of eight years and imposed a fine of Rs.500/- each and the petitioners were taken into custody and they are in jail now. Subsequently they seemed to have preferred an appeal against (he judgment and conviction given by the Court below with a petition to condone the delay of 249 days in preferring the appeal.4. It is stated that the case bundle was handed over to the wife of the 1st petitioner for preferring an appeal. But she seemed to have been attacked with jaundice and lungs disease and hence she could not prefer appeal in time. The Court below disbelieving the version given by Ihe appellants dismiss...
Natraj theatre Vs. Deputy Commissioner (Entertainment Tax) and anr.
Court: Andhra Pradesh
Decided on: Oct-24-1997
Reported in: [1998]110STC330(AP)
Syed Shah Mohammed Quadri, J.1. The special appeal and the writ petition raise the same questions of law, so they are clubbed and heard together. The special appeal is filed against the order of the Deputy Commissioner in Proceedings Rc. No. 1001/87/A6 dated November 26, 1987. 2. The petitioner filed revision before the Deputy Commissioner (C.T.), Nellore, against the order of the Commercial Tax Officer passed in Agreement No. 64/79-80 dated January 23, 1981 refixing the amount of tax payable under section 5(1) of the Andhra Pradesh Entertainments Tax Act, 1939 (for short, 'the Act'). The liability of the petitioner was fixed under section 5(1) of the Act for the period from June 26, 1980 to June 25, 1981 at Rs. 720.43 per week. The petitioner reported variation in the gross collection capacity consequent upon reduction in the seating capacity and because of upward revision of rates of admission which are said to have been approved by the Joint Collector, Ongole, the licensing authorit...
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