Andhra Pradesh Court September 1997 Judgments
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Jakku Ramakantham Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-10-1997
Reported in: 1998(1)ALD(Cri)54; 1998CriLJ2136
ORDER1. This revision is directed against the order dated 14-2-1996 of the I additional Sessions Judge, Karimnagar in Criminal Appeal No. 132 of 1994 on his file confirming the conviction and sentence imposed on the revision-petitioner-accused in C.C. No. 47 of 1990 on the file of the Judicial Magistrate of First Class, Jagtial. The appellant was found guilty of the offence under Section 406 of the Indian Penal Code and convicted for the said offence and sentenced to undergo simple imprisonment for a period of three months and also to pay a fine of Rs. 500/- and in default of payment of fine, to suffer simple imprisonment for a period of twenty days. 2. The impugned order dated 14-2-1996 dismissing the Criminal Appeal No. 132 of 1994 reads as follows : 'Appellant absent. No representation as neither counsel for parties present. Hence appeal dismissed for want of substantiative of the grounds of appeal. Issue NBW to accused for sending him to jail for serving the sentence.' 3. The learn...
Pilli Venkanna Vs. Pilli Nookalamma and anr.
Court: Andhra Pradesh
Decided on: Sep-10-1997
Reported in: 1998(2)ALD611; 1998(1)ALT(Cri)199; 1998CriLJ1922; I(1999)DMC61
ORDER1. This revision is directed against the Order dated 24-11-1995 inCrl.R.P.No.92 of 1994 on the file of the Metropolitan Sessions Judge, Visakhapatnam, modifying the order dated 11-7-1994 in Crl.MP.No.261 of 1988 in M.C.No.41 of 1979 on the file of III Metropolitan Magistrate, Visakhapatnam to the effect that the enhanced maintenance should come into effect from the date of filing of the petition and not from the date of passing the order.2. The facts in brief resulting in filing of this Revision are as under:The revision-petitioner herein is the husband of the 1st respondent here (for sake of convenience they are referred as Husband and Wife hereinafter). The first respondent-wife filed M.C.No.41 of 1979 on the file of the III Metropolitan Magistrate, Visakhapalnam, under Section 125 Cr.P.C. claiming maintenance at the rate of Rs. 400/- per month against her husband. After contest, the learned Magistrate allowed the petition and granted maintenance at the rate of Rs. 125/-per mont...
Badanaboyina Veera Nageswara Rao Vs. Badanaboyina Rama Devi
Court: Andhra Pradesh
Decided on: Sep-10-1997
Reported in: 1997(5)ALT384
P.S. Mishra, C.J.1. When time passes and situations undergo changes, conventions of the Courts and rules of procedure are sometimes stretched and even violated. Every High Court in matters of procedure is given freedom by the laws made by the competent legislature and to seek uniformity of procedure in all the Courts in the country is to seek concurrence of minds of Judges of different Courts of the country, which is possible only when they interact and recognise the wisdom behind a particular procedure, which is followed in any Court. This Court, although created after independence and the Constitution of the Republic of India has inherited and by law made by the Parliament, conferred with the Letters Patent power of the Madras High Court, a Full Bench of this Court in A. Srinath v. APSRTC, 1966 (2) ALT 893 = 1996 (3) ALD 56(F.B.) has accepted that the practice of the Madras High Court applies perforce to this Court. The Full Bench has traced the history of the creation of this Court ...
Ejaz Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Sep-10-1997
Reported in: 1998(2)ALT469
B. Sudershan Reddy, J.1. The petitioner who claims to be a businessman hailing from a respectable family with good background was arrested in the year 1990 during the communal riots under Sections 148, 153-A, 323 and 307 IPC r/w Section 149 I.P.C. The petitioner was enlarged on bail and thereafter he was acquitted of all the charges levelled against him under those sections after a full trial by the learned Metropolitan Sessions Judge, City Criminal Court, Hyderabad. The petitioner submits that even after the acquittal of the above cases, the Police of Golconda P.S. became more hostile and started harassing him by calling him to the Police Station very frequently disturbing his peace and domestic tranquillity. Later, Security proceedings Under Section 110 Cr.PC on the allegation that the petitioner had committed breach of peace were initiated against the petitioner, but however, he was discharged of the same.2. The petitioner submits that there are no other cases pending against him an...
K. Srinivasa Reddy Vs. Secretary to Government, Govt. of Indai and anr ...
Court: Andhra Pradesh
Decided on: Sep-09-1997
Reported in: 1998(1)ALD277
1. Under W.P.No.6772 of 1996 the petitioner (M/s. Sri Sai Star TVService) seeks a declaration that the 1st respondent is not laying down any restriction for registration of application for Cable Television Networks operators inspite of powers conferred on him under Section 22 of the Cable Television Networks (Regulation) Act,1995 (for short 'the Act') is arbitrary and violative of Article 14 of the Constitution of India and consequently to direct the respondents to frame rules by imposing restricting regulating the registration in the interest of public.2. Under W.P. No. 6057 of 1997, the petitioner (K.Srinivasa Reddy) seeks the same remedy as in the above Writ Petition. 3. Since the reliefs claimed in both the writ petitions are same and common questions of law and facts arise for consideration in these two writ petitions, the same are being disposed of by this common judgment4. The petitioners assail the power of the Government for recording registration and granting licence on the g...
Yogini Mohalkar Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Sep-09-1997
Reported in: 1998(1)ALD280
ORDERP.S. MISHRA, CJ. 1. This appeal under Clause 15 of the Letters Patent of the Court is preferred against the judgment of the learned single Judge in the petition under Article 226 of the Constitution of India 2. Chequered history of the case is indicative of the fact that a seeker of justice cannot expect relief at the hands of the authorities in the Education Department of the Government pursuant to the directions of the Court if they are left to decide on issues pertaining to the claims of the Assistants in the Government Aided Schools. The first battle before his Court in W.P.7570of 1984 ended with the order of the Court which reads as follows :'The petitioner herein is a trained graduate teacher working in private aided management school, 4th respondent herein.She was being paid in S.G.B.T. Scale of pay. The post held by the petitioner is eligible for grant-in-aid under the grant-in-aid code and the salary of the petitioner is being paid from out of the grants received from the...
A.P. Gas Power Corporation Ltd., Hyd. Vs. Asst. Commercial Tax Officer ...
Court: Andhra Pradesh
Decided on: Sep-09-1997
Reported in: 1998(1)ALD599
ORDERSyed Shah Mohammed Quadri, J. 1. The petitioner in these two writ petitions is M/s. A.P. Gas Power Corporation Limited, Ameerpet, Hyderabad, represented by its Manager (Finance) D. Venkateshwara Reddy (hereinafter referred to as 'the Corporation'). The Corporation is a registered dealer under the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the APGST Act') as well as under the Central Sales Tax Act, 1956 (for short 'the CST Act'). It is also an assesses on the roles of the Commercial Tax Officer, Nidadavolu, Respondent No.2 herein. The Corporation entered into a contract with M/s. Sumitomo Corporation, Respondent No.3 (hereinafter referred to as 'Sumilomo') for Supply, erection and commissioning of gas/ steam turbines for generation of power. Sumitomo, it is stated, has supplied certain equipment parts and components, procuring them from suppliers outside the State of Andhra Pradesh and effected transit sales to Corporation. It is in respect of such purchases by the Corp...
A.P. Gas Power Corporation Ltd. Vs. Assistant Commercial Tax Officer a ...
Court: Andhra Pradesh
Decided on: Sep-09-1997
Reported in: [1998]109STC625(AP)
ORDERSyed Shah Mohammed Quadri, J. 1. The petitioner in these two writ petitions is M/s. A.P. Gas Power Corporation Limited, Ameerpet, Hyderabad, represented by its Manager (Finance) D. Venkateshwara Reddy (hereinafter referred to as 'the Corporation'). The Corporation is a registered dealer under the Andhra Pradesh Genera Sales Tax Act, 1957 (for short 'the APGST Act') as well as under the Central Sales Tax Act, 1956 (for short 'the CST Act'). It is also an assessee on the rolls of the Commercial Tax Officer, Nidadavolu, respondent No. 2 herein. The Corporation entered into a contract with M/s. Sumitomo Corporation, respondent No. 3 (hereinafter referred to as 'Sumitomo') for supply, erection and commissioning of gas/steam turbines for generation of power. Sumitomo, it is stated, has supplied certain equipment parts and components, procuring them from suppliers outside the State of Andhra Pradesh and effected transit sales to Corporation. It is in respect of such purchases by the Corp...
State of Andhra Pradesh, Rep. by Its Secretary to Government, Transpor ...
Court: Andhra Pradesh
Decided on: Sep-09-1997
Reported in: 1997(6)ALT102
P.S. Mishra, C.J.1. There is no dearth of attempt before this Court to somehow maintain writ petitions for declarations of the terms and conditions of contract inoperative or seeking enforcement of terms and conditions of contract for execution of work and consequently for directions for payment of claims arising from the contracts. Except in the cases which are exceptional and are not run-of-the Mill cases it is well settled, the Court exercises restraint and refuses to entertain Petitions under Article 226 of the Constitution of India for enforcement of the terms and conditions of a contract or for resolving any dispute arising out of a contract as well as claims which are primarily in the nature of claims for money and this the Courts do by following the self-imposed restriction that power of judicial review is kept confined to reviewing orders of quasi-judicial authorities or such administrative orders which are violative of Article 14 of the Constitution of India and/or any other ...
P. Ramachandra Rao and ors. Vs. Government of Andhra Pradesh, Rep. by ...
Court: Andhra Pradesh
Decided on: Sep-09-1997
Reported in: 1998(1)ALT60
ORDERB. Sudershan Reddy, J.1. The petitioners herein are lessees of the shops owned by the third respondent the Cudivada Municipality, Gudivada. Petitioner Nos. 1 to 15 are in possession of the shops situated on the Northern side Block No. 1 of Sri Potti Sri Ramulu High School belonging to the third respondent-Municipality; whereas petitioner Nos. 16 to 18 are in possession of the shops situated on the Western side Block No. l. Lease agreement between the petitioners and the third respondent stood expired 30-9-1996, except in the case of the Petitioner Nos. .16 to 18, whose lease stood expired on 31-12-1996. The petitioners herein assert that they are entitled for automatic renewal of their lease as per the provisions of the A.P. Municipalities Act, 1965 (for short 'the Act') and the Rules framed thereunder.2. While so, the third respondent-Municipality issued notice bearing No. Al/5573/96, dated 9-8-1996 to petitioner Nos. 1 to 15 expressing its willingness to renew the lease for a fu...
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