Andhra Pradesh Court June 1997 Judgments

Palakole Municipality, Rep. by the Commissioner and Special Officer Vs ...

Court: Andhra Pradesh

Reported in: 1997(5)ALT824

D. Reddappa Reddi, J.1. Palakole Municipality represented by its Commissioner and Special Officer, the defendant in OS. Nos. 63 and 68 of 1979 on the file of the Subordinate Judge, Narsapur, is the appellant in both the appeals. They are being disposed of by this common judgment as the facts are similar and the questions of law that arise for consideration are common.2. The facts, in brief are: The respondents/plaintiffs filed the suits claiming damages from the appellant on the ground that the premises let out to them were illegally demolished without terminating the lease granted in their favour and without issuing notice of demolition. The appellant/defendant resisted the suits on three grounds: First, the respondents refused to receive the notices of eviction and the notices of demolition were affixed on the subject premises in the presence of the concerned Village Administrative Officer. Second, the suits are bad as they have been filed without notice to the appellant as contempla...

General Manager, Hyderabad Telephones Vs. Dr. Mir Sadat Ali

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complainant in C.D. 447/95, District Forum, Ranga Reddy (O.P. No. 22 of 1995, District Forum, Hyderabad) is a subscriber of Telephone bearing No. 390856. According to him, his earlier bills were for smaller amounts and all of a sudden, the Department, issued a bill dated 21.9.1994 for an exhorbitant amount of Rs. 27,789 /- for the period from 5.7.1994 to 5.9.1994 inclusive of service charges, etc., on making a representation to the Department, it issued a split bill. Alleging that the inflation of the bill is due to some mischievous indulgence and other defects in the equipment, the complaint was filed, to direct the opposite party not to insist upon payment of the bill. 2. A counter was filed on behalf of the General Manager, Telecom District i.e. opposite party. It was stated in the counter that the equipment and out door plant were checked up and fortnightly metre readings were noted and the opposite party found that there is no defect. It, th...

Commissioner of Income-tax Vs. G. Arun Kumar

Court: Andhra Pradesh

Reported in: [1998]229ITR175(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 : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is correct in holding that the Income-tax Officer's order under section 3(4) of the Income-tax Act is appealable under section 246 of the Income-tax Act ?' 2. The facts leading to the reference of this question are briefly stated hereunder : The assessee is an employee of the Peerless General Finance and Investment Company Limited. For the assessment year 1982-83, for which the previous year ended by March 31, 1982, he filed a nil return along with a letter seeking permission, presumably under section 3(4) of the Act, to change the previous year from March 31, 1981, to June 30, 1982, and undertook to offer the income during the period April 1, 1981, to June 30, 1982, for assessment for the...

District Collector and ors. Vs. K. Narasing Rao and ors.

Court: Andhra Pradesh

Reported in: 1997(4)ALT428

P.S. Mishra, C.J. 1. This appeal has arisen from a proceeding under Article 226 of the Constitution of India, seeking interference in the alleged demolition of the houses of the petitioner-respondents in Begumpet, one of the quarters of the city of Hyderabad. The prayer, which appeared quite innocuous and sensible for a direction to the appellants herein to demolish the houses only by following the procedure prescribed bylaw, however, is based on a claim of title, in respect of which a brief history of the land transactions is stated in the writ petition. Learned single Judge has taken notice of the facts, which read as follows:'Originally the land admeasuring Ac. 8.20 guntas in S.No. 194/12 of Begumpet village, belongs to one lady Vicar-Ul-Umra. Muzafer Nawab Jang, her son, after her death, gifted the said land to Syed Bin Suleman Ahmed under a registered gift deed. The said Syed Bin Suleman Ahmed sold the said land under a registered sale deed dated 16th Aban 1360 F. to the Mohd. Akb...

K. Rama Rao Vs. Executive Officer, Sri Varahalakshmi Narasimha Swami D ...

Court: Andhra Pradesh

Reported in: 1997(5)ALT25

ORDERB.K. Somasekhara, J.1. Heard on merits.2. Having heard the learned arguments of both the sides by the learned advocates, this Court confronts itself with the following question for determination:-Whether the age of superannuation of the petitioner is 65 years by virtue of Rule 4(2) of the Rules under Section 100 Sub-section (2) (y) of the Madras Hindu Religious and Charitable Endowments Act, 1951 (for short 'the 1951 Act') as per G.O.Ms.No.584 Rural Welfare dated 28th May, 1952, in part-I which reads as follows:-'4(2) Except in the case of a hereditary officer or servant, no person may be appointed to or hold any office unless he is not less than twenty-five and not more that sixty-five years of age.'The factual periphery in the case is limited. The petitioner is an Executive Engineer and an employee of the respondent. Initially he was appointed as a Supervisor in the respondent-temple on 20-2-1970 and came to be promoted as Executive Engineer on 1-3-1990. His date of birth is 1-7...

G. Shankar Reddy Vs. Prohibition and Excise, Superintendent and ors.

Court: Andhra Pradesh

Reported in: 1997(5)ALT177

ORDERB.K. Somasekhara, J.1. The petitioner held IMFL-24 licence of M/s. Goutam Wines at Yallur, Kurnool district bearing licence No. 21/1990-91 for the period from 1-10-1993 to 30-9-194. He had paid Rs. 18,750/- towards first instalment and for the balance of the licence fee of Rs. 56,250/- he had given the bank guarantee No. 1/93 dated 8-10-1993. In the meanwhile, the Excise authorities seized the shop and the licence inspection book etc., regarding the petitioner on the allegation that he had violated the terms of the licence and a crime was registered in Crime Number 22/93-94 for an offence punishable Under Section 34 (a) read with Section 45 (i) and (ii) of the Andhra Pradesh Excise Act and consequently his licence came to be cancelled under Re. No. C2. 4317/3 dated 27-1-1994. The petitioner, thus prevented from continuing with the business under the licence, sought for return of the bank guarantee. The respondent No. 1, namely, the Prohibition and Excise Superintendent, Kurnool Di...

M. Veerabhadra Rao, President, M.P.P. Vs. Election Tribunal-cum-subord ...

Court: Andhra Pradesh

Reported in: 1997(5)ALT168

ORDERT.N.C. Ranga Rajan, J.1. These two writ petitions challenge the orders of the Election Tribunal/ Subordinate Judge, Pithapuram, setting aside the election to the post of President, and Vice-President of the Mandal Praja Parishad, Pithapuram in the election held on 18-3-1995.2. The petitioners in these two petitions were the candidates for the post of President and Vice-President respectively. The Mandal Praja Parishad had 20 members of which 9 belonged to the Congress Party, 7 belonged to the Telugu Desam Party and 4 were Independents. According to the agenda of the meeting called for by the Election Officer, the first item to be taken up in the meeting which was held on 18-3-1995 was the co-option of a member in respect of that item of business, one of the Independent candidates went out of the meeting, 7 members of the Telugu Desam Party and two independent members voted for the candidate. Whereas it was opposed by 8 members of the Congress Party. The other member of the Congres...

Andhra Bank and Another Vs. Mrs. Suram Tirupathamma

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami, President: 1. It is not in dispute that the complainant in O.P. 126/96 District Forum, Guntur was having an S.B. Account with the Andhra Pradesh, Branch at Piduguralla and there was an amount of Rs. 88,561-70 Ps. towards his credit in the said account on 10.9.1994. 2. But according to the complainant, she kept that money with a view to meet the expenses for the marriage of her daughter and that the marriage was to be performed on 5.4.1995. But on 11.3.1995 the pass book of the complainant was taken away by the Branch Manager stating that there was some enquiry. When the complainant wanted to withdraw the money for the expenses of her daughter's marriage, the opposite parties did not allow her and therefore, the marriage of her daughter was cancelled which was due to unreasonable attitude and deficiency in service on the part of the first opposite party. Subsequently the first opposite party paid the amount. The complainant therefore, claimed a sum of Rs. 21,450.30 Ps. b...

C. Usha Rani Vs. State of A.P. Rep. by Its Secretary, Education Dept. ...

Court: Andhra Pradesh

Reported in: 1997(3)ALT737

ORDERD.H. Nasir, J.1. The petitioner is seeking regularisation of her service as Lecturer in Commerce with the 3rd respondent-College on the basis of her qualifications, teaching experience and reservation for women.2. It appears that the 3rd respondent-College issued an advertisement in a daily news-paper on 29-7-1996 inviting applications for three posts of Lecturers in Commerce. The petitioner applied for the same on the expectation that her services will be regularised. But she did not receive an interview call and on approaching the Principal of the College, she was informed that the instructions contained in G.O.Ms. No. 12, Education, dated 10-1-1992 were followed for the purpose of interviewing the candidates. However, according to the petitioner, the action of the 1st and 2nd respondents in instructing the 3rd respondent-College to follow the instructions contained in G.O.Ms. No. 12, Education, dated 10-1-1992 without considering the other relevant G.Os., such as, G.O.Ms. No. 3...

K. Srinivas Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1997(4)ALD609; 1997(2)ALD(Cri)314; 1997(2)LS208

ORDER1. By this petition under Section 482, Cr.P.C., K. Srinivas, the petitioner is challenging the proceedings in C.C. No. 6/95 on the file of J.F.C.M., Narasapur initiated against him for the offences punishable under Section 420 and 406, I.P.C. The said proceedings have been initiated by the Inspector of Police, Bolaram on the complaint preferred by one J. Willaiamson, Asst. Manager, Mould Teck Plastics Ltd., Ameerpet, Hyderabad. 2. On the complaint given by the Asst. Manager, Mould Teck Plastics Ltd., a case in Cr. No. 14/94 under Sections 420 and 406, I.P.C. has been registered against the petitioner herein who is the Managing Director of M/s. Shayamalamba Industries Pvt. Ltd., Ramnagar, Hyderabad. The case has been investigated and the charge-sheet has been filed and the same has been taken on file as C.C. No. 6/95 by the Munsiff Magistrate, Narsapur. Copy of the said charge-sheet has been filed along with the petition. As seen from the charge-sheet, the case of the prosecution i...