Andhra Pradesh Court July 1997 Judgments

Vijaya Traders-2, Rep. by Its Managing Partner and ors. Vs. V.S. Ravi, ...

Court: Andhra Pradesh

Reported in: 1998(1)ALD(Cri)490; 1997(5)ALT468

A.S. Bhate, J.1. The contempt case arises against the respondents in the following manner:The 1st petitioner is a firm and the lands of the said firm situated in Thimmapur village, Itakyal Mandal, Alampur taluq, Mahabubnagar district were acquired in pursuance of a notification Under Section 4(1) of the Land Acquisition Act, which was issued in the month of March 1995 by dispensing with the enquiry Under Section 5-A by invoking the provisions Under Section 17(4) of the said Act and advance possession was taken on 15-4-1995. The petitioners had questioned the said acquisition by filing W.P.No. 24972 of 1996. During the pendency of the said writ petition, W.P.M.P.No. 30740 of 1996 was preferred by the petitioners requesting the Court to give a direction regarding payment of compensation to the petitioners as required by the provisions of the said Act. The Court ordered the said W.P.M.P. directing the respondents to tender the payment of 80% of the estimated amount of the land within thre...

Uplanche Mallikarjun and ors. Vs. Rat Kanti Vimala and anr.

Court: Andhra Pradesh

Reported in: 1997(2)APLJ389

1. This petition is filed u/S. 482, Cr.P.C. to quash the proceedings in CC No. 275 of 1996 on the file of the Judicial Magistrate of First Class, Banswada, Nizamabad District. 2. The first respondent filed a complaint against the petitioners for an offence punishable under Section 138 of the Negotiable Instruments Act (for short 'the Act'), read with Section 142 of the Act alleging that the petitioners 1 to 3 and others established a Marriage Trust styled as 'Kanyaka Parameswari Charitable Marriage Trust', registered as 2195 and maintained the office at Market Cross Roads, Siddipet of Medak District and approached the complainant and requested her to become member of the said Trust, that believing their version she joined as a member by paying some amount as directed by them, that then the petitioners issued a cheque for Rs. 30,000/- drawn on State Bank of India, Chikkadpalli Branch, Dtd. 30-6-1996, that it was presented and returned unpaid with an endorsement 'insufficient funds' on 1...

A. Sudhakara Babu Vs. the Managing Director, A.P. State Seeds Developm ...

Court: Andhra Pradesh

Reported in: 1997(4)ALT703

ORDERT.N.C. Rangarajan, J. 1. These writ petitions challenge the termination of the services of persons who claimed that they have been working for a long time with the 2nd respondent-Corporation. The termination has been made in pursuance of a general office order dated 5-8-1995 which stated that several appointments have been made in the Corporation without written permission from the competent authority that the Act 2 of 1994 was promulgated to weed out such illegal appointments, and therefore, the concerned Unit Officers were directed to take immediate and necessary action to terminate the services of those daily wage/NMR/temporary/consolidated wage employees since they do not satisfy the conditions laid down in G.O.Ms.No. 212 dated 22-2-1994 for having their services regularised. The said office order further states that there are no regular vacancies to absorb them and that the said Government order has no statutory force and cannot override the Act and no Court should enforce an...

Anuradha Nivas Flat Owners Association Vs. Anuradha Estates

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complaint OP 113/1994 was filed by M/s. Anuradha Nivas Flat Owners Association represented by its President M. Dharma Reddy on behalf of its members against M/s. Anuradha Estates represented by its Chief Executive Dr. R. Satyam Rayana. 2. The opposite party got permission from Hyderabad Municipality to construct 3 storeyed complex (Anuradha Nivas) consisting of 13 flats in each floor. The members of the complainant association entered into three separate agreements with the opposite party on 15.7.1991. They are; (1) agreement to sell undivided share in the land for a consideration of Rs. 14,864/- as evidenced by Ex. A-3 and Ex. B1. (2) Agreement for construction of flat/garage etc. for a consideration of Rs. 2,11,850/- as evidenced by Ex. A-12 and the agreement recites that an amount of Rs. 1,81,836/- was paid at the time of agreement and balance of Rs. 30,014/- has to be paid in instalments before 30.9.1991 and see also B2 (3) agreement for doin...

Alli Bhaskar and Others Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1998(1)ALD171; 1997(2)ALD(Cri)798

1. Crl.A.No.374 of 1995 is filed by A4 and Crl.A.No.375 of 1995 is filed by A1, A2, A3 and A5 against the judgment in SC No.235 of 1993 on the file of them Additional Metropolitan Sessions Judge, Hyderabad convicting them under the Section 395 IPC and sentencing them to undergo rigorous imprisonment for 5 years each. As these appeals arise out of the same crime, they can be disposed of by a common judgment.2. The facts in brief are as follows : PW1 was an Intermediate student, PW2 is his cousin brother doing petty money lending business and both of them were staying in one premises. A2 to A5 arc the friends and neighbours of Al. They used to visit thehouse of one Pandit, where A2 also used to visit and thus Al and A2 became close friends. The house of A2 is near to the house of the de facto - complainant Srinivasulu and Venkanna. A2 observed that PW2 Venkanna is dealing in money lending business and thought of committing robbery to rob the cash from PW2 Venkanna, He, therefore, took Al...

Kuntumalla Rangappa and ors. Vs. Special Deputy Collector, (La)

Court: Andhra Pradesh

Reported in: 1997(5)ALT129

Lingaraja Rath, J.1. These revisions are before us on a reference by the learned single Judge on the question as to whether the provisions of Order 9 of the Code of Civil Procedure (for short the 'Code') are applicable to the reference made to the Civil Court in proceedings Under Section 18 of the Land Acquisition Act (for short the 'Act').2. Bereft of the details, the facts are that the lands of all the petitioners were acquired under the Land Acquisition Act and as against the awards passed by the Land Acquisition Collector reference applications were made to the Court. However since the reference applications were not pursued by the petitioners, they were dismissed for non-prosecution. Applications for restoration of the reference applications, styled as being under Order 9 Rule 13 of the Code, were filed after lapse of 13 years, 6 months and 20 days. The learned Subordinate Judge, Proddatur dismissed the applications for the laches of delay, as against which these Civil Revision Pe...

M.S. Vijayalaxmi Vs. Correspondent, Surabhi Balavihar High School and ...

Court: Andhra Pradesh

Reported in: 1997(5)ALT105

D.H. Nasir, J.1. The petitioner, M.S. Vijaya Laxmi, W/o A. Shankar Rao, was appointed as S.G.B. Teacher in Surabhi Bala Vihar High School, Gandhinagar, Hyderabad (Respondent No. 1) on 9-6-1988. From August 1989, she proceeded on medical leave and rejoined respondent No. 1-School in the same capacity in June, 1991. Her leave was sanctioned by the Management of the Respondent No. 1-School.2. On 19-3-1994, the State Government issued G.O.Ms.No. 87 Education admitting six posts of S.G.B. Teachers in the 1st respondent-School with effect from 1-4-1993. Subsequent to admission of the posts to grant-in-aid, the 1st respondent submitted a proposal to the 2nd respondent (District Educational Officer, Hyderabad) on 16-12-1994 for approving the appointments including the appointment of the petitioner. The 2nd respondent however, approved only 10 appointments and rejected the cases of five teachers including the petitioner on 29-3-1995. The petitioner claims that she was fully eligible and qualifi...

Edla Anjaiah and ors. Vs. Purumalla Mallesham and anr.

Court: Andhra Pradesh

Reported in: 1997(2)ALD(Cri)475; 1998CriLJ750

ORDER1. The learned Counsel on both sides requested the Court to dispose of the matter finally and addressed arguments. 2. The facts in giving rise to the filing of these petitions are, briefly, as follows :- Edla Mallesham and Edla Anjaiah are residents of Sitarampur village. It is alleged that there is a well in Sy. No. 70/B situated at Sitarampur and it is owned by both of them and utilising the water for raising crops in their lands. It is further alleged that Edla Anjaiah and others are not allowing Edla Mallesham to draw water from the said land through pipelines to irrigate his field in Sy. No. 70/B to an extent of Ac. 1-16 cents and he filed a petition before the Mandal Revenue Officer, Karimnagar, and he passed an order under Section 145, Cr. P.C. on 21-3-97 stating that it appears to him that dispute is likely to cause breach of peace due to stoppage of water passing through the pipelines to the land of Edla Mallesham in sy. No. 70/B and he has got a right to take water throu...

India Fruits (P.) Ltd. Vs. Commissioner of Income Tax (investigation)

Court: Andhra Pradesh

Reported in: (1998)147CTR(AP)412; [1998]230ITR630(AP)

Syed Shah Mohammed Quadri, J.1. On the application of the assessee the following question is directed to be referred to this Court under s. 256(2) of the IT Act, 1961 (for short 'the Act'), viz. : 'Whether motor cars used by an industrial undertaking would be called as 'road transport vehicles' for purposes of s. 32A of the IT Act, 1961 ?' 2. The assessee is manufacturing electrical conductors. In connection with its business it engaged motor cars in respect of which it claimed investment allowance of Rs. 58,732. The ITO did not permit deduction of the allowance claimed; so did the first appellate authority. Even the Tribunal did not agree with the submission of the assessee and dismissed the appeal on 30th November, 1983. It is that order which has given rise to the above question. 3. Mr. K. K. Viswanadham, learned counsel for the assessee, contends that having regard to the historical background of the development rebate, earlier granted under s. 33 of the Act, and subsequent introdu...

Suman Savings and Investments Private Ltd. Vs. Commissioner of Income- ...

Court: Andhra Pradesh

Reported in: [1998]229ITR727(AP)

Syed Shah Mohammed Quadri, J.1. This is a reference under section 256(1) of the Income-tax Act. At the instance of the assessee, the following question is referred to this court for opinion : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in holding that the appellant-company is not a financial company within the meaning of section 40A(8) of the Income-tax Act, 1961 ?' 2. The assessee is a private limited company. Its business is that of carrying on a chit fund. The question relates to the assessment year 1983-84 for which the assessment was completed by the Income-tax Officer on October 24, 1983, without applying the provisions of section 40A(8) of the Income-tax Act. This was noticed by the Commissioner of Income-tax, who, in exercise of his power under section 263(1) of the Income-tax Act, held that the assessee's principal business was that of conducting chits and that it was not a financial company, therefore, the provis...