Andhra Pradesh Court March 1997 Judgments
V. Satyanarayana Vs. Andhra Pradesh Travel and Tourism Development Cor ...
Court: Andhra Pradesh
Decided on: Mar-31-1997
Reported in: 1997(1)ALD(Cri)706; [1998]93CompCas843(AP)
T. Ranga Rao, J. 1. The petitioner in the above criminal petitions is the accused in C.C. Nos. 393 to 420 of 1994, on the file of the XIth Metropolitan Magistrate, Secunderabad. As the respondent in all the petitions is also the same and as the point involved in all these petitions is also the same, all the petitions are disposed of by a common order. 2. The facts giving rise to the filing of these petitions are briefly as follows : The first respondent, A.P. Travel and Tourism Development Corporation Limited, Secunderabad, is owned by the Government of Andhra Pradesh and the main objects of the corporation are to run, establish and manage transport units and transport centres and operate services and tours, etc. The petitioner-accused, the proprietor of Sri Venkateswara Travel Agency, approached the complainant to appoint him as the authorised agent of the complainant in Amalapuram to operate the services and tours from Amalapuram. Accordingly, he was appointed as the authorised agent...
Tag this Judgment!Arif Spinning Mills Vs. Assistant Divisional Engineer, Operation, A.P. ...
Court: Andhra Pradesh
Decided on: Mar-31-1997
Reported in: AIR1998AP48
S. Parvatha Rao, J.1. The petitioner questions the demand of Rs. 13,450/- made by the 1st respondent in his notice in Lr. No. ADE/ C&O;/SRNR/D. No. 1125/89 dated 8-11-1989 'as surcharge for non-installation of capacitor(s) of required rating, for the period from 8/88 to 9/ 89 as per B. P. Ms. No. 502 dated 5-7-1980'.2. The petitioner is a firm, which set-up a powerloom for weaving cloth. It applied for supply of energy by the Andhra Pradesh State Electricity Board ('the Board' for short) under Low Tension (L.T) with a contracted load of 60 H.P. The Board under an agreement has been supplying energy to the petitioner's unit under Service Connection No. 150. The supply of energy was released on 9-1-1989. The petitioner states that at the time of release of supply, it installed the requisite capacitors. The partner, who gave the affidavit in support of the Writ Petition, goes to the extent of stating that 'the same was entered into the records of the respondents on 17-4-1979' (though the ...
Tag this Judgment!Ayyavari Narayana Vs. State Election Commissioner, Government of Andhr ...
Court: Andhra Pradesh
Decided on: Mar-31-1997
Reported in: 1997(4)ALT5
ORDERLingaraja Rath, J.1. The petitioner has come before us assailing the communication from the Collector dated 3-3-97 in proceedings Roc. No. E1/3718/95-1 directing the petitioner to have ceased as Ward Member from Ward Nos. III and V. The order is purported to have been passed in exercise of powers under Rules (3) and (4) of G.O.Ms. No. 135, PR RD & R (Elec.III) Department, dated 13-3-95.2. In the counter-affidavit, it is submitted by respondent No.2-District Collector that the petitioner was elected as member from both the wards and as the petitioner did not exercise his option as to which ward he shall retain, the Collector has passed orders ceasing him as Ward Member from both the wards. On the other hand the petitioner contends that he was never elected from Ward No. III and was elected from Ward No. V, and that he has been wrongly shown as elected from Ward No. III.3. Section 234 of A.P. Panchayat Raj Act, 1994 reads as follows:'Prohibition of holding dual offices and vacation ...
Tag this Judgment!Surya General Traders Vs. Commercial Tax Officer and ors.
Court: Andhra Pradesh
Decided on: Mar-31-1997
Reported in: 1997(3)ALT110; [2003]133STC388(AP)
ORDERLingaraja Rath, J.1. Heard the learned counsel for the parties.2. The petitioner has approached this Court because of the refusal by the Tribunal to condone the delay of one year, five months and nine days in filing the appeal. In the affidavit for condonation of delay, the petitioner furnished the explanation of having erroneously assumed that no appeal need be filed for the year 1988-89 as the demand against him for the year 1987-88 had been challenged and was pending in appeal before the Tribunal, and that whatever order would be passed for that year would automatically apply for the subsequent year. When later on he met his counsel he was explained that appeal has to be filed in respect of each year, for which he took steps to file the appeal. The Tribunal did not find the cause to be sufficient to warrant condonation of delay. Hence it dismissed the condone delay petition.3. The learned counsel for the petitioner has placed before us the judgment of the Sales Tax Appellate Tr...
Tag this Judgment!Gopal Shankar Vs. Secretary, State Transport Authority of A.P. and ors ...
Court: Andhra Pradesh
Decided on: Mar-31-1997
Reported in: 1997(4)ALT7
ORDERY.V. Narayana, J.1. The petitioner herein is plying his stage carriage bus in the inter-State route - Parlakhemundi to Berhampur (via) Vasundhara, Meliaputti, Chapara, Pattupuram, Garabanda, Gopili and Mandasa, under the stage Carriage permit which was granted by the Transport Authority, Orissa. It is further stated by the petitioner that the State Transport Authority, Orissa has also granted one temporary permit in favour of the 4th respondent herein to ply his bus on the route Sherango to Bhimapur (via) Parlakhemundi, Vasundhara, Meliaputti, Chapara, Pattapuram, Garabanda and Goppili. The said permit is valid from 8-1-97 to 6-5-1997. It is the submission of the petitioner that the said route of the 4th respondent overlaps the notified routes in G.O.Ms. No. 1159 dated 9-11-1987 for a distance of about 25 Kms. and G.O.Ms.No. 584 dated 30-12-1978 by about 12.5 Kms. It is, therefore, submitted that the same is prohibited as the overlapping is more than 8 Kms. in the said schemes. Th...
Tag this Judgment!Kallam China Basivireddi and ors. Vs. State of Andhra Pradesh Rep. by ...
Court: Andhra Pradesh
Decided on: Mar-31-1997
Reported in: 1997(2)ALT583
ORDERM.N. Rao, J.1. This Letters Patent Appeal is from the judgment of a learned single Judge of this Court in A.S.No, 549 of 1978 affirming the decree of the learned Subordinate Judge, Vijayawada in O.S.No.56 of 1975 dismissing the suit of the plaintiffs-appellants. The parties herein, for the sake of convenience, are referred to as they are arrayed in the suit.2. The 35 plaintiffs have instituted the suit for a declaration that they have acquired legal title to the plaint Schedule property of Ac. 33-45 cents being the lateral accretion to the pre-existing 'lanka lands' belonging to them for which their vendors obtained patta from the Government and for consequential permanent injunction restraining the State of Andhra Pradesh and its subordinates from interfering with the peaceful possession of the plaintiffs and their successors in interest in respect of the suit lands.3. The suit lands are situate in Devarapalli village of Vijayawada taluk. The village was originally an estate belo...
Tag this Judgment!Baba Educational Association, Badvel Vs. A.P. State Council of Higher ...
Court: Andhra Pradesh
Decided on: Mar-29-1997
Reported in: 1998(1)ALD71
ORDER1. This writ petition is filed challenging the proceedings issued by the 1st respondent dated 30-12-1996 and 7-1-97 as arbitrary and contrary to the judgment ofthis Court in W.P.No.17731 of 1996 dated 11-9-1996.2. The case arises under the following circumstances :The petitioner is a Society registered under the Societies Registration Act, with registration number 277/90. The object of the Society was to impart education and to establish various educational institutions. While so, the Government issued notification dated 6-1-1996 under Section 20 of the Andhra Pradesh Education Act, 1982 (for short 'the Act'), inviting applications from individuals or bodies for establishing Degree Colleges. In pursuance of the said notification, keeping in view the object of the Society, an application was made by the petitioner on 31-1-1996 seeking permission for establishment of the Degree College at Gopavaram town, which is a Mandal Head Quarters in Cuddapah district. The petitioner furnished ...
Tag this Judgment!G. Subba Rao Vs. Rasmi Die-castings Ltd.
Court: Andhra Pradesh
Decided on: Mar-29-1997
Reported in: [1998]93CompCas797(AP)
B.S. Raikote, J. 1. This company petition is filed by Sri G. Subba Rao, chartered accountant, under section 433(e) and (f), read with sections 434(1)(a) and 439(1)(b) of the Companies Act, 1956, and under rule 95 of the Companies (Court) Rules, 1959, praying that the respondent-company by name Rasmi Die-Casting Limited be wound up in accordance with the provisions of the Companies Act, 1956, and to pass such orders as this court deems proper in the circumstances of the case. In the petition it is stated that the petitioner as chartered accountant was associated with the respondent-company and a sum of Rs. 4 lakhs is due to the petitioner by the respondent-company on account of the professional services rendered by the petitioner and also in respect of the unsecured advances made by the petitioner through his wife as well in his capacity as the karta of the Hindu undivided family, etc. It is further stated that in view of various claims which the petitioner had against the respondent-co...
Tag this Judgment!M. Veera Siva Nagi Reddy and ors. Vs. Osmania University, Rep. by Its ...
Court: Andhra Pradesh
Decided on: Mar-29-1997
Reported in: 1997(4)ALT243
ORDERG. Bikshapathy, J.1. Common questions of law are involved in all these Writ Petitions and hence they are decided jointly.2. The Writ Petitions are filed assailing the action of the Respondents in not conducting External Examinations for B.A., B.Com., B.Sc, and M.A., M.Com., and M.Sc. (Maths) and for appropriate direction to the Respondents to conduct the examinations.3. The petitioners hail from poor families and some of them are working in private organisations. They are unable to continue their higher education by attending regular colleges and therefore decided to acquire higher educational qualifications by preparing privately and appearing for the External Examinations that are being conducted by the Osmania University and Kakatiya University. The External Examinations are being conducted by the Universities throughout India including Osmania and Kakatiya Universities for certain types of under-graduate and post-graduate degrees. The said examinations were being held once in ...
Tag this Judgment!Pothala Sumalatha Vs. Government of Andhra Pradesh Rep. by Its Secreta ...
Court: Andhra Pradesh
Decided on: Mar-29-1997
Reported in: 1997(2)ALT808
ORDERS.R. Nayak, J.1. From the decision of the Supreme Court in 'Valsamma Paul v. Cochin University, : [1996]1SCR128 . it is quite clear that in order to claim protective discrimination or economic benefits either under Articles 15(4) or 16(4) of the Constitution mere transplantation of a member belonging to non-S.C. non-S.T., non-O.B.C. in to S.Cs./S.Ts. or O.B.Cs. either by way of marriage or con version or adoption is not sufficient. What is required to be proved is that the person transplanted too had undergone the same handicaps, disabilities, disadvantages, indignities or sufferings as the members of the S.Cs., S.Ts., or O.B.Cs. The petitioner was born and brought up as a member of Toorpu Kapu caste which caste is notified to be Backward Class in the State of Andhra Pradesh as per the notification issued by the Governor of the State. She married one P. Durga Rao who admittedly belongs to Scheduled Caste. After her marriage she claimed the status of Scheduled Caste. The Mandal Rev...
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