Andhra Pradesh Court April 1998 Judgments
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Government of Andhra Pradesh and anr. Vs. J.B. Educational Society, Hy ... Overruled
Court: Andhra Pradesh
Decided on: Apr-28-1998
Reported in: 1998(3)ALD736; 1998(3)ALT584
ORDERSyed Saadatulla Hussaini, J.1. These three writ appeals arise against the common judgment of the learned single Judge, dated 4-12-1997 allowing the writ petition Nos.27598/1997, 27612/1997 and 27617/ 1997, holding that Section 20 of the A.P. Education Act, 1982 (hereinafter referred to as 'State Act') in so far it relates to establishment of Technical Institutions viz., Engineering Colleges and other connected matters, as it overlaps and repugnant to Section 10 of the All India Council for Technical Education Act, 1987 (hereinafter referred to as 'Central Act') and the Regulations framed thereunder; as such void and unenforceable, and directing the Convenor (EAMCET-1997-Engineering Admissions) to allot the candidates to the respondents-writ petitioners Institutions forthwith in accordance with the Rules for the Academic Year 1997-98 subject to grant of affiliation by the concerned University.2. The factual matrix of the case in the above appeals is that respondents-writ petitioner...
Ecil Officers Association Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Apr-28-1998
Reported in: 1998(4)ALD66; 1998(3)ALT749
ORDERUmesh Chandra Banerjee, C.J.1. The powers of the High Court underArticle 226 of the Constitution is of widest possible amplitude in the matter of grant of relief, but, that power is, however, limited by its very nature, since the Court desirous of protecting the citizens' constitutional rights and for strengthening the socio-economic fabric, needs to move with a degree of judicial circumspection with certain self-imposed limitations and in accordance with known principles of law. The Court needs to balance the authority of the past with the urges of the future. The essential identity of the institution that it is a Court must remain preserved so that every action of the Court is informed by fundamental norms of law and by the principles embodied in the Constitution and other sources of law. Roscopound's doctrine of flexibility ofthe law Courts ought to be read in consonance with the above limitations and not d'hors the same. The institutional remedy as the Constitution provides mu...
Sohan Engineering Constructions Vs. Commissioner of Commercial Taxes a ...
Court: Andhra Pradesh
Decided on: Apr-28-1998
Reported in: [2000]118STC129(AP)
P. Venkatarama Reddi, J.1. Heard both the counsel at the admission stage.2. The petitioner who is a contractor has sought for two reliefs, i.e., (i) to deduct tax at source at the rate of 1 per cent on material component involved in agreement No. LS/40/AIBP/GVC-4/1997-98 dated March 11, 1998 entered into by the petitioner with the second respondent and (ii) not to deduct tax at source on items relating to excavation of earth work involved in the said agreement dated March 11, 1998. The description of the contract work entrusted to the petitioner in Lining of Kakatiya Canal from k.m. 268 to 283.3. Similar matters were disposed of by the same Division Bench and other Benches taking the view that the tax deduction at source cannot be resorted to in case of earth work excavation involving pure labour contract unless the earth is brought from outside source and deposited at the work spot. As regards the rate of tax deduction on the value of the material transferred or used in the course of ...
Sree Radhakrishna Vegetable, Oil Products Co. Vs. the Collector of Cen ...
Court: Andhra Pradesh
Decided on: Apr-28-1998
Reported in: 1998(62)ECC23
T.N.C. Rangarajan, J.1. This writ petition is directed against the order dated 31.7.1991/7.8.1991 passed by the Assistant Collector of Central Excise, Ananthapur.2. The petitioner is a manufacturer of Vanaspati. Under a notification No. 27/87 dated 1.3.1987 the petitioner was entitled to credit of duty in respect of certain inputs which could be set-off against the finished products at Rs. 1,000/- per tonne. By a notification No. 39/89 dated 25.8.1989 this scheme was rescinded. The petitioner filed Writ Petition Number 15215 of 1989 claiming that in spite of the said notification the accumulated credit should be allowed to be utilized and cannot be taken to have lapsed. While the writ petition was pending, the scheme was revived by a notification No. 45/89 dated 11.10.1989. This Court by order dated 21.2.1991 held that in spite of the notification No. 39/89 the accumulated credit cannot be taken to have lapsed and the petitioner will be entitled to have the benefit of the same. This Co...
T.C. Lakshminarayana Vs. Tirumala Tirupati Devasthanams, Chittoor Dist ...
Court: Andhra Pradesh
Decided on: Apr-27-1998
Reported in: 1998(3)ALD302; 1998(4)ALT632
ORDER1. The petitioner, unsuccessful candidate for the post of Jewellery Appraiser, has filed this writ petition assailing the validity of the appointment of the 2nd respondent as Jewellery Appraiser. The petitioner is an in-service candidate working as Yoga Administrator. The management of the temple, to fill up one post in the cadre of Jewellery Appraiser, called for applications. The petitioner, as an in-service candidate and the 2nd respondent and certain others applied for the post. The Committee constituted by the temple management prepared a list of selectedcandidates wherein the 2nd respondent is placed at Sl.No.1 whereas the petitioner is placed at Sl.No.4 and, on that basis, the 2nd respondent was appointed as Jewellery Appraiser.2. Tirumala Tirupati Devasthanams Employees Service Rules, 1989 (hereinafter referred to as the Rules) govern recruitment to the post of Jewellery Appraiser. Rule 9 of the Rules was amended by issuing G.O.Ms. No. 173, Revenue (Endts.I) Department, da...
K. Tirumala Rao Vs. Chairman, Electronics Corporation of India, Ecil P ...
Court: Andhra Pradesh
Decided on: Apr-27-1998
Reported in: 1998(3)ALD468; 1998(3)ALT119
ORDER1. The petitioner while serving as Foreman came under the zone of consideration for promotion to the cadre of Senior Foreman. The Departmental Promotion Committee after necessary deliberation found the petitioner fit for promotion to the cadre of Senior Foreman. Accordingly, the petitioner by the proceedings dated 13-6-1996 was promoted to the post of Senior Foreman. Subsequently, by the impugned proceedings dated 17-6-1996, the promotion order was kept in abeyance till the conclusion of the investigation by the CBI into the alleged false and bogus medical claims made by the petitioner. There is no controversy between the parties that when the Departmental Promotion Committee met and when the promotion order was issued on 13-6-1996 no crime was registered against the petitioner by the CBI police nor the respondent-employer had issued any charge memo to the petitioner under the CCA Regulations. It is well settled by several pronouncements of the Apex Court and this Court that as on...
Anantapur District Govt. Employees Cooperative Housing Society Ltd., A ...
Court: Andhra Pradesh
Decided on: Apr-27-1998
Reported in: 1998(3)ALD727; 1998(3)ALT628
ORDER1. The validity of the show causeraxice bearing Rc.No.2249/96-B dated 23-9-1997 issued by the first respondent under Section 34(1) of the Andhra Pradesh Co-operative Societies Act, 1964, for short 'the Act', to the petitioner-society is assailed in this writ petition. The first respondent is holding substantive post of Deputy Registrar of Co-operative Societies.2. The undisputed facts may be stated briefly, at the outset, as under:'Government Employees Co-operative Housing Society Limited, Anantapur' was registered with Registration No. 1764 under the provisions of the Act on 26-4-1994 by the Deputy Registrar of Co-operative Societies/ Divisional Co-operative Officer, Anantapur, and it was not registered as' 'Anantapur District Government Employees Co-operative Housing Society' as shown in the cause title. The petitioner-society was registered as a primary society and the petitioner-society adopted the model bye-laws prescribed for the primary societies. Elections to the Managing ...
Public Prosecutor, High Court of A.P., Hyd. Vs. Sivaraj Alias Suraj
Court: Andhra Pradesh
Decided on: Apr-27-1998
Reported in: 1998(3)ALD818; 1998(1)ALD(Cri)934; 1998(2)ALT(Cri)316
ORDERMotilal B. Naik, J.1. This appeal is filed by the State against the decision of theMetropolitan Sessions Judge, Visakhapatnam in Sessions Case No.78 of 1994, dated 26-12-1995 in acquitting the sole accused from the charge under Section 302 IPC.2. The sole accused in Sessions Case No.78 of 1994 who is the respondent in this appeal was charged that on 10-1-1994 around 7.30 p.m. in his rented house, a portion in the house bearing No.61-3-47 in Ramakrishna Puram, Visakhapatnam, during mid-night committed murder of his wife Smt. Suseela, 5th daughter of Laxmamma @ Sivamma of Asthur village in Bidar District of Karnataka State by holding her neck by dhoti and hanging her to tile fan hook of the terrace and thereby committed an offence punishable under Section 302 IPC.3. The case of the prosecution, in brief, is that the deceased Smt. Suseela was the 5th daughter of Laxmamma@ Sivamma ofAsthur village in Bidar District of Karnataka State. She was married to the accused about10 years ago. ...
T. Sukender Reddy Vs. M. Surender Reddy
Court: Andhra Pradesh
Decided on: Apr-27-1998
Reported in: 1998(3)ALD659; 1998(3)ALT449
ORDER1. This civil revision petition arises out of an order passed by the Court below on a petition filed under Order 37, Rule 3(5) CPC granting leave to defend the summary suit (OS No.1746 of 1996) on condition of the petitioner-defendant depositing half of the suit amount in the Court, which should not however be withdrawn by the respondent-plaintiff.2. The said suit was filed by the respondent-plaintiff under Order 37, Rule 2 CPC, on the basis of the promissory notes alleged to have been executed by the petitioner-defendant, for recovery of Rs.1,36,000/-, in which the petitioner-defendant filed an application seeking leave to defend the said suit. The petitioner-defendant admitted the execution of the suit promissory notes. According to him, he borrowed the amount five years back and at that time the respondent-plaintiff obtained his signatures on some blank stamped pronotes, receipts and a blank cheque and, subsequently, he repaid the said loan, but the respondent-plaintiff with a ...
Ruppu Gannemma Vs. Vice Chairman and Managing Director, Apsrtc and ors ...
Court: Andhra Pradesh
Decided on: Apr-27-1998
Reported in: 1998(4)ALD94
ORDER1. The petitioner is the widow of late R. Simhadri. Simhadri, while serving as Kalasi, died in harness on 20-12-1991. According to the petitioner, she made an application in the year 1992 seeking her appointment to a suitable post on compassionate ground under the scheme framed by the Corporation. The petitioner was directed to produce legal heir certificate. The petitioner produced legal heir certificate on 21-2-1992. According to the petitioner, thereafterwards, she was called to the office of Zonal Engineer (Works), Regional Work Shop, Vizianagaram-wide communication dated 7-2-1992 and accordingly she went and the office obtained her signatures on several papers and the petitioner, being an illiterate, could not know the contents of the documents. The petitioner claimed that she never agreed for receiving additional monetary benefits in lieu of appointment.2. According to the respondents, the petitioner could not be appointed to the postof sweeper as there is no provision for a...
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