Andhra Pradesh Court December 1998 Judgments

P. Venkat Reddy and Others Vs. Government of A.P., Industries and Comm ...

Court: Andhra Pradesh

Reported in: 1999(1)ALD477; 1999(1)ALT442

ORDER1. Heard the learned Counsel on both sides.2. In this writ petition the petitioners challenge the legality and validity of the notification under Section 4(1) and the declaration under Section 6 of the Land Acquisition Act and the consequentproceedings initiated by the respondents for the acquisition of an extent of Acs.15.02 guntas of land belonging to the petitioners for the purpose of construction of a cement factory and colony by M/s. Visakha Cement Industries Ltd., Secunderabad, a company incorporated under the provisions of the Indian Companies Act, 1956. Section 4(1) notification in this behalf was published in the A.P. Gazette on 3-7-1997 proposing to acquire the extent of Acs.15.02 guntas in Survey No.56 belonging to the petitioners herein and also a further extent of Acs. 18.26 guntas in Survey No.60 belonging to others totalling Acs.33.2S gts. for the said purpose. The substance of the notification was published in the locality on 16-7-1997 and it is also published in t...

Dodda Pulla Reddy Vs. State

Court: Andhra Pradesh

Reported in: 1999(1)ALD551; 1999(1)ALT(Cri)318

1. This appeal is directed against the judgment dated 30-4-1993 in SC No.119 of 1991 on the file of Sessions Judge, Krishna Division at Machilipatnam, under which the appellant-accused has been convicted for the offence under Section 498-A of Indian Penal Code (IPC) while acquitting him of the charge under Section 302 IPC.2. The facts relating to this appeal may be stated briefly as follows:The deceased-Kumari is the daughter of PW No.2 and 3. She was married to the accused about 12 years back. At the time of marriage two acres of land was given to hertowards Pasupu Kumkuma and she joined her husband. Since then, her husband, accused herein, started harassing her to force her to sell the land given to her and get the money. He sent her to her parents telling that she should not come back unless she get the money. She accordingly went to her parents and informed about the harassment and she was compelled to stay for considerable time in her parents house as her parents were not able to ...

G. David Raju Vs. Chairman, A.P.S.E.B., Hyderabad and Others

Court: Andhra Pradesh

Reported in: 1999(2)ALD182; 1999(2)ALT70

ORDER1. The petitioner, a Sub-Engineer in Andhra Pradesh State Electricity Board, is assailing the order of suspension dated 4-11-1997 pending enquiry by Anti-Corruption Bureau authorities in a criminal charge.2. The allegation against the petitioner is that while he was working as Sub-Engineer at 130 K.V. Sub-Station, Kurnool, he introduced several unemployed youths to one Smt. K.M. Annapumamma, former Superintendent/Assistant Director of Welfare of Handicapped Department, Kurnool and canvassed for payment of amounts to her on the pretext of securing jobs and the said Annapumamma in turn collected amounts promising jobs to them. A case in Crime No.1/ACB/KUR/97 under Sections 8 and 9 of the Prevention of Corruption Act has been issued against both Annapumamma and the petitioner by the Inspector of Police, ACB authorities. The disciplinary authority, namely, Superintending Engineer, Operation Circle, Kurnool, placed him under suspension under Regulation 11 of the APSEB Employees Discipl...

Kodam Gangaram and Others Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 1999(2)ALD465; 1999(1)ALD(Cri)561; 1999(1)ALT(Cri)497; 1999CriLJ2181

1. This appeal is directed against the judgment dated 3-3-1993 in SC No.261 of 1991 on the fileof Sessions Judge, Karimnagar, under winch accused No. 1 has been convicted for the offence under Section 304-B of Indian Penal Code (IPC) and sentenced to undergo Rigorous Imprisonment for seven years and further convicted for the offence under Section 498-A IPC and sentenced to undergo Rigorous Imprisonment for three years and a fine of Rs.100/- and in default to undergo Simple Imprisonment for one month. Accused No.2 and 3 have been convicted for the offence under Section 498-A IPC and sentenced to undergo Rigorous Imprisonment for three 'years each, and to pay a fine of Rs.100/- each in default, to undergo Simple Imprisonment for one month each.2. The facts relevant to this appeal may be stated briefly as follows:The deceased-Anasurya was married to accused No.l on 20-4-1990. It is in the evidence that at the time of marriage the parents of the deceased, PWs.4 and 5, promised to give 2-1/...

Harini Enterprises Vs. K. Monappa

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

K. Ranga Rao, Member: 1. Aggrieved by the order dated 23.1.1997 passed by the Mahabubnagar District Forum in O.P. No. 31/1995 whereby it directed the opposite party to pay to the complainant an amount of Rs. 74,800/- with interest at 18% per annum from 19.2.1994 till the date of realisation and also to pay compensation of Rs. 20,000/ - and costs of Rs. 1,000/- within thirty days from the date of the order, the opposite party i.e., Harini Enterprises represented by its Proprietor, P. Ravinder Reddy has preferred this appeal. 2. The case of the respondent herein who was the complainant before the District Forum was that as an unemployed youth he obtained a loan from the District Co-operative Central Bank, Mahabubnagar to purchase a Diesel Auto that the opposite party on his request sent a quotation for three wheeler Jumbo Model Auto for Rs. 74,800/- undertaking to deliver the Auto within four weeks from the date of placing the order, that he accepted the quotation and sent an amount of R...

Sri Sainath Oil Mills Vs. State Bank of India

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

K. Ranga Rao, Member: 1. This is a complaint filed under Section 17(a)(i) read with Section 12 of the Consumer Protection Act, 1986 with the following allegations. The State Bank of India, Toopran Branch in Medak District i.e. the opposite party sanctioned and advanced an amount of Rs. 1,00,000/- to the complainant oil mill against hypothecation of stocks in the year 1987. The stocks in the complainants mill were insured in the year 1987 for a sum of Rs. 1,10,000/- with M/s. United India Insurance Company, Sangareddy and the opposite party bank paid the premium of Rs. 784/- and debited the same to the account of the complainant. The stocks are perishable goods. The opposite party failed to renew the insurance for the subsequent years. While so the Vigilence Cell of the Civil Supplies Department seized the stocks in the complainants mill on 11.2.1987 and again on 22.7.1988 alleging violation of the provisions of the Essential Commodities Act. After due enquiry under Section 6-A of the E...

Abdul Razack Vs. Union of India and Others

Court: Andhra Pradesh

Reported in: 1999(1)ALD234; 1999(1)ALT346

ORDERMotilal B. Naik, J 1. Petitioner, who is a Member of Income-tax Appellate Tribunal (for short 'I.T.A.T.'), has approached this Court under Article 226 of the Constitution of India seeking to declare the impugned transfer order bearing No.F.46-Ad(AT)/98, dated 22-9-1998, issued by the11th respondent as illegally passed and ultra vires the Income-tax Act, 1961 and the Recruitment Rules, 1963 being without jurisdiction, authority of law and a vindictive, mala fide transfer and a further direction or order particularly in the nature of Writ of Certiorari and to pass such other order as may be deemed fit and proper in the set of circumstances. 2. According to the petitioner, he was appointed as a Judicial Member of Income-tax Appellate Tribunal pursuant to an application filed by him on 24-3-1990, which was submitted from Hyderabad and was given posting orders on 10-9-1991 by the first respondent under Section 252(1) of the Income-tax Act, 1961, which was received by him at Hyderabad o...

M.N. Chaitaniya Vs. N.T.R. University of Health Sciences, A.P., at Vij ...

Court: Andhra Pradesh

Reported in: 1999(1)ALD267; 1999(1)ALT456

ORDER1. In this writ petition, thepetitioner assails the action of the first and second respondents in not alloting a seat to her under NCC quota in the M.B.B.S. Course for the year 1997-98 and instead granting the said seat to the third respondent.2. The petitioner secured the rank of 4439 in the entrance test, whereas the third respondent secured the rank of 8641. The third respondent was however preferred on the ground that he participated in the Republic Day Parade at New Delhi.3. It is not in dispute that as per the rules for admission, out of the available seats for admission by the University of Health Sciences 1/4% (0.25%) of the seats are reserved for National Cadet Corps candidates. According to the respondents, only one seat was available under NCC quota and the same was allotted to the third respondent as he was placed at the top of the gradation list by the NCC Directorate on the evaluation of the certificates produced by the candidates. Though the petitioner sought to que...

V. Vijay Kumar Vs. Commercial Tax Officer-ii, Adoni, Kurnool District ...

Court: Andhra Pradesh

Reported in: 1999(1)ALD482; 1999(1)ALT499

ORDERS.V. Maruthi, J 1. These writ petitions are disposed of by a common judgment as the issue involved is common to at] the writ petitions.2. The petitioners are challenging the levy of entertainment tax for the pictures exhibited in Video Theatres by declaring the notices issued by the 2nd respondent as illegal, arbitrary and unconstitutional.3. The facts in WP No. 18663 of 1996 are referred to in detail as the facts in other writ petitions are more or less similar.4. The petitioner is an unemployed Graduate. He took on lease a theatre for the purpose of video theatre. He purchased a Projector, Video Cassettes Recorders, Chairs,Sound System and other required equipment for the purpose of projecting video films. The theatre has a capacity of 86 1st class seats and 62 2nd class seats. The petitioner started exhibiting films through video cassettes from 6th July, 1995. The petitioner is using 16 mm video film cassettes and projecting through VCRs and Video Projector (ENTEL) Sinclaire ty...

Sri Dhanalakshmi Kanyaka Parameswari Rice Mill Vs. Commercial Tax Offi ...

Court: Andhra Pradesh

Reported in: 1999(1)ALD495; 1999(1)ALT468

ORDERS.V. Maruthi, J 1. These writ petitions are taken up pursuant to the remand made by the Supreme Court in Civil Appeal Nos.967 to 969 of 1986. The said Civil Appeals arose out of a common judgment of this Court in these writ petitions.2. Briefly the facts are that the petitioner is a dealer in paddy and rice at Sattenapalli, Guntur. For the year 1983-84, he filed monthly returns showing the turnover of about Rs. 12,34,302.00 rice supplied to the Food Corporation of India and the Andhra Pradesh State Civil Supplies Corporation (for short 'the said Corporations'). The petitioner claimed exemption the said turnover of rice as voluntary sales. However, the respondents subjected the turnover of supply of rice to the said Corporations to sales tax. Aggrievedby the same Writ Petition No.7101 of 1985 was tiled by the petitioner seeking direction to the respondents not to collect sales tax in respect of the turnover of rice supplied to the said Corporations.3. Writ Petition Nos.7102 of 1985...