Andhra Pradesh Court August 1997 Judgments
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Reddi Anjaneyulu Vs. Karra Anjamma and anr.
Court: Andhra Pradesh
Decided on: Aug-29-1997
Reported in: 1998(2)ALT127
Krishna Saran Shrivastav, J.1. Petitioner (sic. Appellant) is the plaintiff. Suit for partition and separate possession has been partly allowed.2. It is no longer in dispute before me i.e., the father of the plaintiff, namely Venkata Kamaiah, the deceased father of the 2nd defendant and the husband of the 1st defendant namely late Peddisetti and Thimmisetti were real brothers. The father of the plaintiff was the youngest brother. The 3rd defendant is the real sister of the plaintiff. All the said 3 brothers were members of the joint Hindu family who possessed Ac. 1.75 cents of dry land and one shed. The deceased brother Thimmisetti separated himself from the joint Hindu family prior to 1925 and some land and l/3rd portion of the residential house was allotted to him. The father of the plaintiff had pre-deceased his elder brother late Peddisetti who had expired on 3-1-1977. Late Peddisetti had purchased some lands through registered sale deed Ex.B-7 on 08-08-1927. Thus this joint Hindu ...
Utukuri Sarat Kumar and ors. Vs. Authorised Officer, Land Reforms, Ong ...
Court: Andhra Pradesh
Decided on: Aug-28-1997
Reported in: 1998(1)ALD716; 1998(1)ALT496
ORDERLingaraja Rath, J 1. This case has come before us by a reference of a single Judge of this Court disagreeing with the view in earlier decision of this Court in A. Alivelamma v. Spl. Tahsildar L.R., 1987 (2) APLJ 192 on the question as to whether a major unmarried daughter is entitled to one standard holding under the Andhra Pradesh Land Reforms (Ceiling on AgriculturalHoldings) Act, 1973 (hereinafter referred to as 'Land Reforms Act'). The learned Judge took the view that even though an unmarried major daughter becomes a coparcener by her birth in a Joint Hindu Family by virtue of the Amendment, yet, it does not ensure to her benefit to claim a separate holding for herself under the provisions of the Land Reforms Act.2. in A. Alivelamma 's case (supra) an opposite view had been taken that Section 29A has an overriding effect starting with a non-obstante clause that the daughter of a coparcener shall by her birth become a coparcener in her own right in the same manner as a son and ...
K. Ramamohan Reddy Vs. Chief Secretary to Government of Andhra Pradesh ...
Court: Andhra Pradesh
Decided on: Aug-28-1997
Reported in: 1997(6)ALD477; 1997(2)ALD(Cri)762; 1998(1)ALT(Cri)190
V. Rajagopala Reddy, J.1. The order of detention dt. 16-1-97 made by the Collector and District Magistrate, Anantapur, the 2nd respondent herein, in exercise of his powers conferred upon him in Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short, 'the Act') and confirmed by the Government by order dt. 4-3-1997, is challenged in this writ petition. 2. Sri V. Ravinder Rao, learned counsel appearing for the petitioner, contended that the detenu's fundamental right guaranteed under Arts. 21 and 22(5) of the Constitution, has been deprived, inasmuch as the detention order suffers from the vice of non-application of mind to vital documents and also for the failure to supply the said documents to the detenu. It was pointed out, specifically, that the detaining authority has not considered that the detenu has been enlarged on bail and in Cr. No. 86/92, after he was released on bail...
Association of Pesticides Manufacturers, Andhra Pradesh and ors. Vs. S ...
Court: Andhra Pradesh
Decided on: Aug-28-1997
Reported in: 1997(5)ALT69; [1998]108STC135(AP)
Lingaraja Rath, J. 1. In this batch of cases petitioners who are registered dealers under the Andhra Pradesh General Sales Tax Act, 1957 are assailing the provisions of section 21 of A.P. Act No. 27 of 1996 [Andhra Pradesh General Sales Tax (Amendment) Act, 1996] in so far as it amends the First Schedule of the principal Act increasing the rate of tax leviable on drugs nd medicines from 9 per cent to 10 per cent and on pesticides and insecticides, etc., from 4 per cent to 5 per cent retrospectively from August 1, 1996. 2. The petitioners state that the Andhra Pradesh Ordinance No. 19 of 1996 which came into effect from August 1, 1996 amended entry 37 of the First Schedule relating to the drugs and medicines by casting the entry in a new form, but maintaining the rate of tax at the same rate, i.e., 9 per cent. The Ordinance also inserted a new entry 78-A which relates to pesticides, insecticides, etc. The new entry related to pesticides concentrate or technical grade pesticide used by t...
India Leaf Spring Kamgar Union Rep. by Its General Secretary, R. Shank ...
Court: Andhra Pradesh
Decided on: Aug-28-1997
Reported in: 1997(6)ALT70
ORDERB.K. Somasekhara, J.1. The simple and clear question involved in this writ petition is whether the respondents can be directed by this Court in its powers under Article 226 of the Constitution of India to hold the elections to the petitioner-union which is a trade union registered under Section 8 of the Trade Unions Act, 1926 (for short 'the Act') and by virtue of Rule 11 of the Rules of the petitioner-Union and Clause (2) of the Code of Discipline (for short 'the Code') said to have been evolved by the managements in regard to both public and private sectors for the smooth running of administration of labour laws. The respondent No. 1 is the Commissioner of Labour, Government of A.P. whereas respondent No. 2 is the Assistant Commissioner of Labour, Circle-II, Ranga Reddy District under whose jurisdiction the petitioner-Union comes. The background in which the petitioner is trying to enforce the grievance in this writ petition may be stated in brief, the facts mentioned thereunder...
G. Chaya Devi Vs. Regional Manager, Apsrtc, Nalgonda Region, Nalgonda ...
Court: Andhra Pradesh
Decided on: Aug-28-1997
Reported in: 1998(4)ALD545
ORDER1. The petitioner's claim for appointment as Conductor in the respondent-Corporation was negatived by the Corporation on the ground that she is found to be under height and this is the second round of litigation. The facts leading to filing of this case are: for the first time the respondent-Corporation has taken a Policy decision to recruit women as Conductors to the extent of 33% in consonance with the Policy of the Government in all the services. Thereafter, the Regional Manager, Nalgonda sent requisition to all the Employment Exchanges in the Nalgonda Zone to sponsor the eligible candidates both men and women for appointment as Conductors Grade-Ill as per the qualifications specified in the requisition. It is not in dispute that the petitioner's name under the women category was also sponsored by the Employment Exchange, Nalgonda and the respondent-Corporation seemed to have sent a call letter dated 10-12-1996 directing her to appear for interview on 25-01-1997. On the date of...
C. Rangappa Vs. Registrar, Padmavathi Mahila Viswavidyalayam, Tirupath ...
Court: Andhra Pradesh
Decided on: Aug-28-1997
Reported in: 1998(6)ALD602; 1998(1)ALT129
ORDER1. Writ Petitions No.10037 of 1993, 4464 of 1994 and 10822 of 1994 relate to filling up the vacancy of Deputy Registrar earmarked for Scheduled Caste candidate pursuant to the notification given by the respondent-University on 9-9-1991. While Writ Petition No. 10037 of 1993 was filed by Mr. Rangappa, seeking a direction to the respondent University to appoint him as Deputy Registrar, WP No.4464 of 1994 was filed by Mr. Krishnam Raju, 2nd respondent in the above writ petition, questioning the very process of selection while Smt. Rajya Lakshmi filed Writ Petition No. 10822 of 1994 seeking a direction to appoint her as Deputy Registrar.2. At the outset, I would like to refer the oft quoted maxim 'if you want to kill a dog, call it mad and shoot at it'. The case on hand is of that nature. This is neither a solitary instance nor it has happened in this University for the first time. It is a universal feature and no institution is an exception to this phenomena. As long as Merit of an i...
G. Surya Prabhavathi Vs. Nekkanti Subrahmanyeswara Rao and anr.
Court: Andhra Pradesh
Decided on: Aug-27-1997
Reported in: 1997(2)ALD(Cri)908; 1998(2)ALT(Cri)109; [1998]91CompCas223(AP)
T. Ranga Rao, J. 1. This petition is filed under section 482, Criminal Procedure Code, to quash the proceedings in C.C. No. 436 of 1995 on the file of the IIIrd Addl. Judicial First Class Magistrate, Rajahmundry. 2. The first respondent filed a private complaint against the petitioner/A-3 and others alleging that accused Nos. 1 and 2 constitute a joint Hindu family and A-1 was the manager of the joint Hindu family and the petitioner herein is the wife of A-1. It is alleged that accused Nos. 1 to 3 approached the complainant and obtained financial accommodation of Rs. 1,50,000 and purchased a car bearing No. AIK 969 in the name of the petitioner/A-3 and A-1 issued a post dated cheque on February 1, 1995, for Rs. 2,56,300 and the cheque was presented and it was returned dishonoured on February 8, 1995. Then he issued a notice on February 12, 1995, to A-1 to A-3 demanding to pay the amount within fifteen days and the accused received the notice on February 14, 1995, and failed to pay the ...
Gunnam V.V.S.C. Annapurna and ors. Vs. Special Tahsildar, Land Acquisi ...
Court: Andhra Pradesh
Decided on: Aug-27-1997
Reported in: 1997(5)ALT248
M.H.S. Ansari, J.1. Identical questions arise for consideration as also the reliefs claimed are similar in all the three writ petitions pertaining to the Award No. 131 of 1986 dated 23-9-1986. The above three writ petitions were accordingly heard together and are being disposed of by this common order.2. W.P. No. 20581 of 1994 and W.P. No. 20593 of 1994 are filed by the daughters of one late Sri G. Chandraiah and W.P.No. 20601 of 1994 is filed by the grand-daughter of the said G. Chandraiah. In all the three writ petitions, the relief claimed is with regard to the rejection of the application filed by the petitioners under Section 18 of the Land Acquisition Act (for short 'the Act') and assailing the said orders of rejection made by the Land Acquisition Officer-sole respondent.3. Brief facts alone need to be stated. They are:Sri G. Chandraiah was the owner of land in R.S.No. 67/2 (extent of Ac.2.26 cts.), R.S. No. 67/3 (extent of Ac.2.38 cts.) and R.S. No. 75/1 (extent of Ac.10-5 cts.)...
Kedarmal Agarwal Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Aug-26-1997
Reported in: 1997(5)ALD758; 1997(2)ALD(Cri)565
P.S. Mishra, C.J.1. These petitions have come on a reference by a learned single Judge on the question whether without taking cognizance of the offence on the basis of one of the modes provided under clauses (a), (b) and (c) of sub-section (1) of Section 190 of the Code of Criminal Procedure, 1973, a Magistrate can direct for investigation of a cognizable offence under Section 156(3) of the Code of Criminal Procedure, 1973. Learned single judge has precisely stated the question whether the Magistrate can direct the inquiry in terms of Section 156(3), Cr. P.C. without examining complainant and his witnesses on oath, and proceeded to order as follows :- 'Section 200, Cr. P.C., provides that a Magistrate taking cognizance of offence on a complaint, shall examine, on oath, the complainant and the witnesses present, if any. In the instant case, the Magistrate has not taken cognizance of the offence, but, directed an enquiry under Section 156(3), Cr. P.C. in terms of Section (1), Cr. P.C., t...
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