Andhra Pradesh Court April 1998 Judgments

Shaik Lal Bee Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Reported in: 1998(4)ALD283; 1998(4)ALT178

ORDERN.Y. Hanumanthappa, J.1. Heardboth sides.2. The petitioners, one Smt. Shaik Lal Bee, has filed this writ petition seeking for quashing of order of detention passed by the District Collector and District Magistrate, Nalgonda dated 8-10-1977 under Section 3(2) of the 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'), as confirmed by the State of Andhra Pradesh in G.O.Rt.No.6187, dated 3-12-1997, detaining the petitioners' son by name Shaik Kasim, son of Madar Sab on the ground that he acted in a manner prejudicial to the maintenance of public order.3. According to the petitioner, the alleged detenu is a law abiding citizen and at no time he has committed any act which had disturbed the public order, and the cases which were filed against him ended in acquittal and that the order of detention is made with a mala fide intention. The order of detention passed o...

Ravulapalli Yogamma Vs. thellamekala Venkata Ratnam

Court: Andhra Pradesh

Reported in: 1998(4)ALD112; 1998(3)ALT690; I(2000)DMC404

ORDERMotilal B. Naik, J1. The appellant is the wife. Aggrieved by the decision rendered by the lower Court in I.A. No.1337 of 1994 in O.P. No.51 of 1994 dated 22-9-1994, she has approached this Court by way of this appeal.2. Few facts are necessary for disposing of this appeal. The wife presented an application in O.P.No.51 of 1994 on the file of the Court of the Additional Subordinate Judge, Ongole, under Section 12(1)(a) of the Hindu Marriage Act seeking a declaration that the marriage between the parties is a voidable marriage on the allegation that the respondent-husband is not a competent person to consumate the marriage. The said application was rejected on the premise that in terms of Section 14 of the Hindu Marriage Act, any petition under Hindu Marriage Act has to be filed before the Court, after completion of one year of marital period. The lower Court felt that the marriage between the parties took placein the month of May, 1993. Though in the month of May, 1993, the marriag...

State of Andhra Pradesh Vs. S.P. Steels

Court: Andhra Pradesh

Reported in: 1998(3)ALT515; [1998]111STC233(AP)

ORDER1. This tax revision case has been filed against the order of the Sales Tax Appellate Tribunal, Hyderabad, setting aside the order made by the Deputy Commissioner (CT), Charminar Division, Hyderabad, in the assessment for the assessment year 1992-93. The Commercial Tax Officer had allowed the set-off of actual tax paid Rs. 28,07,142 in respect of sale and purchase of iron and steel in the State in terms of G.O. Ms. No. 763, Revenue (CT.II), dated August 21, 1990. According to that G.O. where the sale inside the State has already met tax the tax payable on the subsequent sale is to be reduced by the tax paid. The Deputy Commissioner was, however, of the view that the tax collected by the dealer should be excluded and only value of the goods shall be taken for the purpose of working out tax payable on the produce for the purpose of set-off. He found that the value of the ingots was Rs. 6,74,28,301, tax collected is2. Rs. 26,97,132. Adding the tax collected to the turnover, the tax a...

Lalitha Enterprises Vs. Madduri Eswari and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. These four S.R. Nos. 1005 to 1008/1998 purport lo be review petitions for reviewing order dated 22.12.1997 of this Commission in FA. IA. Nos. 767 to 770/1997 dismissing the same. Unfortunately the office has numbered them as Review Petition Nos. 368 to 371/1998 without enquiring into their maintainability. Mr. D. Vallabha Rao, Section Officer, who is summoned explains that the numbers given in fact are of I.As., and that the description as review petitions is wrong. 2. We asked the learned Counsel to satisfy us as to the maintainability of these petitions. He submitted that the National Commission held that review petitions were maintainable. But, we find that the contrary is the case. In Satyam Fibres India (P) Ltd. v.Indian Bank, I (1995) CPJ 115 (NC), the National Commission held that it has no power to review its own orders. In that case as fraud was alleged and as fraud vitiates even solemn acts, the National Commission enquired into the question as ...

T. Narayana Vs. Managing Director, Apsrtc, Hyd. and ors.

Court: Andhra Pradesh

Reported in: 1998(3)ALD304; 1998(4)ALT640; [1998(80)FLR886]

ORDER1. The writ petition was heard finally with the consent of the learned Counsel for the parties.2. The petitioner while serving as Conductor in the establishment of the A.P.S.R.T.C. was removed from service with effect from 17-11-1986 as a disciplinary measure. The action of the disciplinary authority was called in question by the petitioner by instituting I.D.No. 105/92 before the Labour Court-II, Hyderabad. The Labour Court allowed the I.D. in part and directedreinstatement of the petitioner into service with continuity of service while denying tack wages. It is stated that the petitioner was out of employment between 17-11-1986 and some date in the month of October, 1993. The grievance of the petitioner in this writ petition is that after the petitioner was reinstated into service by virtue of the award passed by the Labour Court, in fixing his wage, the management has not taken into account the continuity of service for the period between 17-11-1986 and the date of reinstatemen...

Pradeep Minerals and Granites (P) Limited Vs. State of A.P. and ors.

Court: Andhra Pradesh

Reported in: 1998(3)ALD519; 1998(3)ALT642

ORDER1. This writ petition is filed challenging the order of the Government dated 19-6-1997 in Memo No.7793/M.H(1)/95 by the petitioner (hereinafter noted as 'Pradeep Minerals'). It is to be noted at this stage itself that by the impugned order dated 19-6-1997 the Government of Andhra Pradesh modified the order dated 2-6-1995 passed by the Director of Mines and Geology in proceedings No.35003/K5/94. In other words, by the impugned order, the Government held that the application filed by the fifth respondent (hereinafter noted as 'Swetha Granites') dated 22-12-1994 was in time, therefore, the granting of lease in favour of Swetha Granites was in order.2. The learned Counsel for the petitioner strenuously contended that the acceptance of the surrender made by M/s K.S.R. Granites regarding 1.00 Hectare of the land in survey number in question with effect from 21-12-1994 is bad, because under Rule 16(1) of A.P. Minor Mineral Concession Rules, 1966 (for short, the Rules) the surrender can b...

Navayuga Exports Ltd., Hyd. Vs. A.P. Mineral Development Corpn. Ltd.

Court: Andhra Pradesh

Reported in: 1998(3)ALD460; 1998(4)ALT196

ORDER1. This writ petition is filedquestioning the conditions in tender notification No.M&S-9;/BAR-A.Gr/98, published in the Economic Times, Hyderabad on 30-1-1998, issued by the Andhra Pradesh Mineral Development Corporation Limited, Hyderabad (hereinafter referred to as 'the Corporation'), as arbitrary, unreasonable and violative of Articles 14 and 19(1)(g) of the Constitution of India.2. The learned Counsel for the petitioner contended that the petitioner is a Company incorporated under the Companies Act, 1956 in the year 1993 and engaged in the line of export. The petitioner has got the status of Export House, as per the certificate issued by the Director-General of Foreign Trade, Ministry of Commerce, Government of India. The respondent-Corporation invited tenders for export of 7,00,000 MTs. processed A Grade Barytes Ore for a period of one year and accordingly, the petitioner-Company submitted its tender. It is further stated that the conditionstipulated in the tender notificatio...

M. Manmadha Rao and ors. Vs. Secretary, Min. of Welfare, Govt. of Indi ...

Court: Andhra Pradesh

Reported in: 1998(3)ALD708; 1998(3)ALT470

ORDER1. This writ petition is filed for a writ of mandamus, declaring the impugned notice enclosure dated 7-10-1997 discharging the petitioners with immediate effect as totally illegal, without jurisdiction and in violation of Sections 79 and 83 of Andhra Pradesh Education Act, and consequently direct the respondents to reinstate and continue the petitioners in service with all consequential benefits.2. In the affidavit filed in support of the writ petition it is stated that the 4th respondent, Women and Child Welfare Centre, Sriramnagar, Garividi Mandal, Vizianagaram District in which the petitioners were working, was established in the year 1978 with an object of providing education to the physically handicapped, deaf and mute, blind and mentally retarded children and also to render social service to the destitute women, aged women and other needy persons. It is also stated that the staff of the institute consisted in all 63 members out of which 22 are teaching staff and 41 are non-t...

Kolluri Bhaskara Rao Vs. Dy. Registrar of Co-operative Societies, Guld ...

Court: Andhra Pradesh

Reported in: 1998(4)ALD154

ORDER1. Since the point involved in both the writ petitions is common they are clubbed and disposed of by a common order.2. WP No.8830/89 was filed by one Kothuri Bhaskara Rao seeking for a direction to declare the proceedings of the 1st respondent in Re N0.2914/84-B, dated 18-1-1988 as confirmed by the Co-operative Tribunal, Gudivada (2nd respondent) in CMA No.2/85, dated 19-4-1989 as illegal, null and void and contrary to the provisions of the A.P. Cooperative Societies Act. Whereas WP No.13589/91 was filed by one Ch. Prasada Rao seeking for a similar direction to declare the proceedings of the 2nd respondent in Re. No.4453/83-A, dated 16-11-1989 as confirmed by the 1st respondent in CMA No.4/90, dated 5-12-1990 as null and void.3. A few facts that' are necessary to dispose of the writ petitions are as follows :The petitioner in WP No.8830/89 is a clerk in Krishna District Co-operative Central Bank, Machilipatnam. Previously he worked as Supervisor in the 2nd respondent society from ...

Rasheed Ulla Khan Vs. Secretary to Government and ors.

Court: Andhra Pradesh

Reported in: 1998(4)ALD205; 1998(4)ALT266; 1998CriLJ4406

ORDERN.Y. Hanumanthappa, J.1. The order of the first respondent in No. 1106/L&O-11;/9701 dated 13-10-1997 detaining one Farhatulla Khan alias Shanawaz Khan alias Syed Saleem Hussain (hereinafter referred to as the 'detenu') under Section 3(1)(i) and 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the COFEPOSA Act') is under challenge in this writ petition. The petitioner is the elder brother of the detenu.2. In the grounds of detention supplied to the detenu, it is stated that white the detenu along with his brother Shafiulla Khan was about to board flight IC 591A to Sharjah, he was intercepted by the officials of the Directorate of Revenue Intelligence and when his checked-in baggage was searched, it was found that he was carrying without declaration, foreign currency and travellers cheques valued at Rs.20,73,452/- and that the detenu confessed the illicit export of foreign currency and travellers cheques. After referring ...