Andhra Pradesh Court January 1998 Judgments
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D.S.N.V. Prasad Babu and anr. Vs. Union of India and ors.
Court: Andhra Pradesh
Decided on: Jan-02-1998
Reported in: 1998(1)ALD736; 1998(1)ALT366
ORDERP. Venkatarama Reddi, ACJ. 1. An event of momentous significance for the nation is sought to be subjected to judicial scrutiny under Article 226 of the Constitution of India. Two Advocates practising in this Court seek a declaration that the action of the Council of Ministers in passingthe resolution on 3-12-1997 recommending the dissolution of XI Lok Sabha as unconstitutional, arbitrary and biased and that all consequential proceedings taken thereafter are void. In other words, the propriety and legality of the action of the Council of Ministers of Ihe Union culminating in the dissolution of the Lok Sabha by the President of India on 4th December, 1997 is being assailed in this public interest litigation.2. On the factual side, it is the contention of the petitioners that the country cannot afford to face an election involving expenditure of hundreds of crores of rupees even before the Lok Sabha completed half of its term. It is submitted that even after the election, there is ev...
P. Gangamma Vs. Vasudha Misra and anr.
Court: Andhra Pradesh
Decided on: Jan-02-1998
Reported in: 1998(2)ALD35; 1998(1)ALT680
ORDER1. This contempt case is filed contending that the order of this Court dated 18-11-1997 has been violated by the contemnors.2. During the pendency of the contempt case at the instance of Sakthi, Non-Governmental Organisation (for short 'NGO'), a meeting of the officials of various departments has taken place in the chambers of Pr-1, Secretary (SW), Department, Government of A.P., at Hyderabad on 22nd October, '97 and they arrived at an undertaking on the modalities to be adopted for implementation of the provisions of various regulations. The decisions taken in that meeting and the instructions given by the Government earlier on the subject pursuant to the Cabinet Sub-Committee meeting held on 24-9-1997 were produced before this Court.3. With referenceto various regulations relating to tribal areas that arc in force, the Government has taken up survey operations excluding NGOs and tribals to identify the lands held by the tribals as well as the non-tribals, on 6-1-1997 pursuant to...
V. Bulleswara Rao and ors. Vs. Government of A.P. and anr.
Court: Andhra Pradesh
Decided on: Jan-02-1998
Reported in: 1998(2)ALD98; 1998(2)ALT202
ORDERP. Venkatarama Reddi, ACJ1. The four petitioners herein who initially held the posts in Andhra Pradesh Judicial Ministerial Service and having requisite qualifications were promoted as Judicial Second Class Magistrates (for short ' JSCMs') on temporary and ad hoc basis without any right to future re-appointment and seniority, during the years 1979 and 1980. Within a year or two thereafter, the petitioners were further promoted as District Munsifs again on temporary and ad hoc basis. To be more specific, such promotions were given on 11-01-1980 in the case of Petitioners 1 and 2, on 8-9-1982 in the case of 3rd petitioner and on 30-9-1982 in the case of 4th petitioner. Since then, Petitioners 2 and 4 worked continuously as District Munsifs till they retired from service during the pendency of the writ petition and Petitioners 1 and 3 have been continuing as District Munsifs till today. The present writ petition is filed seeking a declaration that the action of the respondents in tre...
Ushodaya Enterprises Ltd. and anr. Vs. State of Andhra Pradesh and ors ...
Court: Andhra Pradesh
Decided on: Jan-02-1998
Reported in: 1998(2)ALD225; 1998(1)ALT421
ORDER1. The petitioners seek a writ of mandamus or other appropriate order or direction declaring Bhagyanagar (Hyderabad) Urban Development Authority Regulations, 1981, Bhagyanagar (Hyderabad) Multi-storeyed Building Regulations, 1981 and the Government Memo No.2116/1(1)/81-1 MA, dated 2-2-1982 as null and void and consequently to declare that the 1 st petitioner's use of the premises bearing No.6-3-570, Somajiguda, Hyderabad, for commercial purposes including printing and publishing of newspapers and various structures raised therein are in accordance with the Development Plan sanctioned by the Government vide G.O. Ms. No.414, dated 27-9-75 and published under Rule 13 of the Municipal Corporation of Hyderabad (Development Plan) Rules, 1967, which is the Master Plan under the said Act and therefore in accordance with law; and consequently to direct the respondents not to take any action against the constructions and use thereof in respect of premises bearing No.6-3-570, Somajiguda, Hyd...
Murali Damodar Kanuri Vs. Dappu Laxmaiah and ors.
Court: Andhra Pradesh
Decided on: Jan-02-1998
Reported in: 1998(2)ALD590; 1998(2)ALT271
ORDER1. The C.R.P. is directed against the order in C.M.A. No.28/1997 on the file of Additional District Judge, Sangareddy, dated 5-12-1997 setting aside the order in I.A.No.277/1997 in O.S.No. 122/1997 on the file of Principal District Munsif, Sangareddy, dated 3-10-1997 and consequently vacating the temporary injunction granted in favour of the revision petitioner herein. The revision petitioner is the plaintiff before the trial Court and the respondents herein are defendants.2. The facts giving rise to this revision petition in brief are that the revision petitioner purchased the suit schedule land bearing S.No. 118 measuring 1 acre 14 guntas through Ex.A1 sale deed on 30-1-1980 from four vendors and S.No. 119 measuring 3 acres 18 guntas under Ex.A3 sale deed on the same day from 25 vendors and he has been in possession and enjoyment of the same eversince that day. Out of the aforesaid 3 acres 18 guntas, a piece of 25 guntas was acquired by the Government for the purpose of laying a...
G.B. Bros. and Konda Rajagopala Chetty Beedi Factory (P.) Ltd. Vs. Inc ...
Court: Andhra Pradesh
Decided on: Jan-02-1998
Reported in: [2004]267ITR774(AP)
T.N.C. Rangarajan, J.1. The petitioner seeks a writ of prohibition against the respondents in respect of a notice issued under Section 147(a) of the Income-tax Act, 1961. The facts stated by the petitioner are that there was originally a firm carrying on a business of manufacture and sale of beedies. The petitioner-company was incorporated on May 12, 1977, for carrying on the said business and it took over the trademark of the beedies manufactured by the firm. The company set up a factory at Naidupet which is in a backward area. Some of the raw beedies were entrusted to the contractors for being manufactured and with this input along with raw beedies manufactured by the assessee itself in the industrial undertaking, the further processes of heating, ringing, bellying, wrapping and packing were carried on with the consequence that the finished product was made in the factory which is in the backward area. The assessee claimed deduction under Section 80HH of the Income-tax Act. For the a...
G.B. Bros. and Konda Rajagopala Chetty Beedi Factory (P) Ltd. Vs. Ito
Court: Andhra Pradesh
Decided on: Jan-02-1998
Reported in: (2002)176CTR(AP)572
OrderT.N.C. Rangarajan, J.The petition seeks a writ of prohibition against respondents in respect of notice issued under section 147(a) of the Income Tax Act. The facts stated by the petitioner are that there was originally a firm carrying on a business of manufacture and sale of Beedies. The petitioner-company was incorporated on 12-5-1977, for carrying on the said business and it took over the trademark of the Beedies manufactured by the firm. The company set up a factory at Naidupet which is in a backward area. Some of the raw Beedies were entrusted to the contractors for being manufactured and with this input along with raw Beedies manufactured by the assessee itself in the industrial undertaking, the further processes of heating, ringing, bellying, wrapping and packing were carried on with the consequence that the finished product was made in the factory which is in the backward area. The assessee claimed deduction under section 80HH of the Income Tax Act. For the assessment year ...
P. Usha Radhey Mohan Vs. M.V. Ramu, Manager (Personnel) Cmc, Hyd. and ...
Court: Andhra Pradesh
Decided on: Jan-01-1998
Reported in: 1998(2)ALD60; 1998(2)ALT428
1. The petitioner isquestioning the action of the respondents in terminating her from the service of Computer Maintenance Corporation Limited (for short 'CMC' ) on the completion of her probation period.2. CMC is a Government of India undertaking. The petitioner joined CMC as Senior Executive, Personnel Development in July, 1996 at Hyderabad. She claims to be the gold medalist in MBA and possessing an experience of 6 1/2 years as Personnel Officer and Manager in various reputed Organisations. Her services were terminated on 31-3-1996 by the Vice President, RMD Mr. P. Das gupta on the ground that her performance had not been upto the mark for confirmation. To enable the petitioner to come up to the management's expectations, by a letter dated 5-12-1996, her probation period was extended upto 31-3-1997. However, after carefully reviewing her performance during the extended period of her probation, the Management thought it fit to terminate her service and accordingly her services were te...
M. Rajaiah and ors. Vs. State Bank of India and ors.
Court: Andhra Pradesh
Decided on: Jan-01-1998
Reported in: 1998(2)ALD180; 1998(2)ALT140
ORDER1. These writ petitons constitute a batch between the similarly placed petitioners in all respects and the common respondents. They also sprout out queries of synonymous lex and factum. The antonym is individual grievances among the common. Spread Sheet-T is a chart comprising enumerated cases each batch, branches of the bank in which the petitioners are working (or were working), names of the Advocates and the reliefs claimed. The 1st respondent is the Central Office of the State Bank of India, the 2nd respondent the Chief Genera! Manager, Hyderabad, the 3rd respondent Deputy General Manager, Department of Commercial network, local Head Office, Hyderabad, 4th respondent-Deputy General Manager, Hyderabad and the 5th respondent, the Asst. General Manager, Region-11, Zonal Office, Hyderabad as described in WP No.9206/97 and similar branches and its offices as described in other writ petitions. Distinguishably, the respondents in all the cases can be classified as the State Bank of I...
Apsrtc, Mushirabad, Hyd. and anr. Vs. Labour Court-i, A.P., Hyd. and a ...
Court: Andhra Pradesh
Decided on: Jan-01-1998
Reported in: 1998(4)ALD160
ORDER1. By this writ petition the Andhra Pradcsh State Road Transport Corporation is seeking quashing of the order dated 14-12-1993 passed in M.P. No.61/93 on the file of the Labour Court-I, A.P., Hyderabad.2. The petitioner's case in short is that the 2nd respondent who was employed as driver with the petitioner Corporation was removedfrom service on the ground of mis-conduct. The respondent therefore raised an Industrial Dispute before the Government and the same was referred to the 1st respondent. It was registered as I.D. No.92/83 and award was passed by the 1st respondent directing reinstatement of Respondent No.2 with full back wages and other attendant benefits. The petitioner Corporation challenged the said award in W.P. No. 10902 of 1985. While admitting the writ petition, the High Court was pleased to grant interim stay on13-9-1985 of operation of the award on a condition that half of the back wages awarded by the labour Court should be deposited by the petitioner and in purs...
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