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Andhra Pradesh Court July 1998 Judgments

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Jul 05 1998

Regula Bruhaspathi Rao Vs. State of A.P. and Another

Court: Andhra Pradesh

Decided on: Jul-05-1998

Reported in: 1998(4)ALD689; 1998(2)ALD(Cri)195; 1998(2)ALT(Cri)596

1. This Criminal revision case is filed by the petitioner-A1 assailing the legality of'the order passed by the Special Court for trial of the offences under the A.P. Co-operative Societies Act, 1964, at Vijayawada, in Crl. M.P.No. 132/1998 in C.C.No. 1/97 dated: 30-04-1998.2. The petition filed Crl MP.No.132/98 before the Special Court for trial of the offences under the A.P.Cooperative Societies Act, 1964 (for short 'special Court') purporting it to be under Section 83-A of the A.P.Cooperative Societies Act (for short 'the Act') read with Section 239 of the Code of Criminal Procedure (for short 'the Code') praying the Court for discharging him from the case. The special Court after elaborate consideration of the matter rejected the petition filed by the petitioner.3. The petitioner at the relevant time has been working as the Secretary of Sree Nethaji Primary Agricultural Cooperative Society, Katrenipadu. Musunuru, Krishna, District. He is alleged to have mis-appropriated, the funds o...


Jul 03 1998

Sri Venkateswara University Teachers Association, Tirupati and Others ...

Court: Andhra Pradesh

Decided on: Jul-03-1998

Reported in: 1998(4)ALD305; 1998(4)ALT150

ORDERB. Subhashan Reddy, J 1. These8 writ petitions raise a common point as to whether the seats in the educational institutions, particularly, professional courses, can be created in excess of the number sanctioned by the competent authorities, under the guise of supernumerary seats ?2. In Writ Petitions 24294/96, 3097/ 98, 24565/97, 26445/96, 27137/96, 2691/97 and 3248/98, the relief sought for, be it individuals or the associations, is to set aside the order of either Sri Venkateswara University (for short 'SV University') or Jawaharlal Nehru Technological University (for short 'JNTU') giving a go-bye to the supernumerary posts created for the purpose of accommodating the children of teaching and non-teaching staff of the respectiveeducational institutions, which were hitherto provided. The above writ petitions have been filed seeking to set aside the said order of cancellation of the policy for creation of supernumerary posts and to issue directives for the creation of supernumerar...


Jul 03 1998

Y. Venkat Reddy Vs. the Court of the District Munsif, Atmakur and ors.

Court: Andhra Pradesh

Decided on: Jul-03-1998

Reported in: 1998(4)ALD564; 1998(4)ALT495

ORDERD. Reddeppa Reddi, J 1. These two revision petitions are directed against the common order dated 1-9-1997 of the Election Tribunal (District Munsif) Atmakur, Mahaboobnagar District, constituted under the A.P. Panchayat Raj (Election Tribunals in respect of Grampanchayats, Mandal Parishads and Zilla Parishads) Rules, 1995 (for short 'the Election Tribunals Rules) made in OP Nos.7 and 4 of 1995 setting aside the election of one Sri Y. Venkata Reddy as Sarpanch of Kalwal Grampanchayat of Narva Mandal and declaring one Sri V. Pratap Reddy as duly elected Sarpanch of the said Grampanchayat. 2. The facts that led to the filing of these petitions as set out in the pleadings and borne out by evidence on record may be stated thus : Election to the office of Sarpanch of Kalwal Grampanchayat was held on 3-7-1995. There was contest for the same between Sri Y. Venkata Reddy (hereinafter referred to as 'the petitioner'') and Sri V. Pratap Reddy (hereinafter referred to as 'the contesting respon...


Jul 03 1998

V.B.C. Industries Ltd. Vs. Commissioner of Income-tax

Court: Andhra Pradesh

Decided on: Jul-03-1998

Reported in: [1999]236ITR335(AP)

1. This case is under Section 256(2) of the Income-tax Act, 1961, against the decision of the Income-tax Appellate Tribunal (ITAT), Hyderabad, in R. A. No. 7/Hyd of 1992 in I. T. A. No. 1655/Hyd of 1990, dated January 29, 1993.2. The petitioner-company was dealing in the business of bottling aerated water and it was looking for diversification to the other areas. The petitioner-company subsequently altered the objects clause of the memorandum of association so as to pursue other features. In that direction the petitioner-company approached V. B. C. Chemicals Limited, which is another company for identification and for preparation of two project reports. Pursuant to an understanding between the petitioner-company and the said V. B. C. Chemicals Limited, the petitioner-company had compensated V. B. C. Chemicals Limited for the benefits which it had sought to draw. Before the assessing authority for the assessment year 1988-89, the petitioner-company claimed exemption for the amount of Rs...


Jul 03 1998

C. Pramila and anr. Vs. State Bank of Hyderabad, Dilsukhnagar Branch R ...

Court: Andhra Pradesh

Decided on: Jul-03-1998

Reported in: 1998(4)ALT170

ORDERV. Raja Gopal Reddy, J.1. The petitioners are defendants in the suit. The lower Court marked certain documents subject to the decision on the objections raised by the petitioners as to the admissibility of the documents in evidence. Subsequently, the petitioners filed I.A. No. 481/98 requesting the Court to decide as to the admissibility or otherwise of the above-marked documents.2. The grievance of the petitioners is that the Court below without deciding the I.A. No. 481/98, posted the suit O.S. No. 494/98 for final arguments and refused to hear the arguments of the petitioners in the I.A.3. It is well settled that when certain documents have been marked subject to the admissibility of evidence on the objection raised by the petitioner, it is necessary that this objection should be considered and disposed of before finally deciding the suit on merits.4. Since, it is stated that the learned Judge is not inclined to hear the arguments in the I.A. 481/98. I direct the learned Judge ...


Jul 02 1998

Authorised Officer, Land Reforms Medak and Others Vs. V. Suryanarayana ...

Court: Andhra Pradesh

Decided on: Jul-02-1998

Reported in: 1998(5)ALD20; 1998(4)ALT819

ORDER1. This Civil Revision Petition is filed by the State assailing the order of the Land Reforms Appellate Tribunal, Medak at Sangareddy in L.R.A. No. 34 of 1992, dated 7-2-1994.2. The facts giving rise to this revision petition in brief are that the land bearing S.Nos. 450 to 452, 454, 455, 460, 461, 464 and 468, measuring about 300 acres, situated at Kandi village, Sangareddy Mandal, originallybelonged to Syed Saduddin and they were in possession of Syed Khaja Azeemuddin and Syed Anwarulla. M/s. Yadavendra Plantations purchased the same and they raised a loan from State Bank of India, Shamsheergunj Branch, Hyderabad by mortgaging the above land for the purpose of effecting development. The Bank filed a civil suit O.S.No.27 of 1973 on the file of Subordinate Judge. Sangareddy for recovery of the said loan. The suit was decreed on 29-8-1975 and a preliminary decree was passed. It culminated into a final decree in I.A.NO. 145 of 1976 on 5-8-1976. However, the decretal amount remained ...


Jul 01 1998

Guiram Laloi (Dead) by Lrs. Vs. Mir Azam Ali (Dead) by Lrs.

Court: Andhra Pradesh

Decided on: Jul-01-1998

Reported in: 1998(4)ALD313; 1998(4)ALT191

ORDER1. These two revisions were filed by the landlord questioning the common orders dated 2-12-1992 passed in R.A.Nos.450/88 and 451/88 which were dismissed by the appellate Court thereby confirming the orders of the Rent Controller in R.C.C.No.522/86 (Old R.C.C.134/82) and R.C.No.130 of 1987 (Old R.C.38/83) by which the petitions were dismissed.2. The revision petitioner is the landlord while the first respondent herein is the original tenant who died during the pendency of the rent control proceedings and in whose place the other respondents were brought on record as his legal representatives. The landlord filed R C. 522786 at the first instance seeking eviction of the tenant from the demised premises, which is a non-residential building, on the ground of wilful default in payment of rent for the period from February 1982 to May 1982 (four months). During the pendency of the said rentcontrol petition the landlord filed other R.C.C.130/87 seeking eviction of the tenant on the ground ...


Jul 01 1998

Trust Association of Convention of Baptist Churches of Northern Circar ...

Court: Andhra Pradesh

Decided on: Jul-01-1998

Reported in: 1998(4)ALD554; 1998(4)ALT354

1. This writ petition is filed by one Marrella Prasada Rao claiming to be Secretary and Attorney Holder of the Trust Association of Convention of Baptist Churches of Northern Circars. The relief claimed in the writ petition is for a Writ of Certiorari calling for the records relating to G.O.Ms.No.234 Education (PS-1) Department, dated 24-6-1995; and for quashing the same as illegal, arbitrary and in violation of principles of natural justice and Article 30(1) of the Constitution of India.2. The facts in brief are as follows:One Mr.Mclaurin on behalf of Canadian Baptist Mission acquired extensive properties at Kakinada and other places. The said Mission was running Mclaurin High School, Church and other institutions. The total extent of land owned by the Mission is 30 acres. The properties were transferred in 1974 to the Trust Association of Convention of Baptist Churches of Northern Circars in Q.P.No.15 of 1974 on the file of the High Court of Judicature of Madras and since then the sa...


Jul 01 1998

Government of Andhra Pradesh Vs. D. Siva Pradesh and Others

Court: Andhra Pradesh

Decided on: Jul-01-1998

Reported in: 1998(4)ALD336; 1998(4)ALT330

ORDERN.Y. Hanumanthappa, J1. We must thank Sri G. Raghu Ram, learned senior Counsel appearing for the Union of India who brought to our notice some of the typographical mistakes which had crept in our order dated 12-3-1998 including a para which is a superfluous one. After hearing Sri G. Raghu Ram on the corrections needed, we asked Sri V.V.S. Rao, learned senior Counsel appearing for the contesting party - Mr. D. Siva Prasad, and Sri Noon, learned Government Pleader attached to the learned Advocate-General as to whether they have any objection if we review the order instead of ordering corrections in the order. All the learned advocates expressed no objection either to review or to make corrections as it will not alter the result of the judgment but on the other hand it will convey the correct meaning.2. In view of the above, we feel it proper to review the order dated 12-3-1998 made in WA No.501 of 1996 and WP No.9819 of 1996. Our order in WA No.501 and WP No.9819 of 1996 now reads a...


Jul 01 1998

Sona Exports, Chennai Vs. Director of Mines and Geology, Govt. of A.P. ...

Court: Andhra Pradesh

Decided on: Jul-01-1998

Reported in: 1998(4)ALD489; 1998(4)ALT517

1. All these writ petitions may be disposed of by a common order as requested by all the learned Counsel appearing on behalf of the petitioners and learned Advocate-General as common question arises for consideration in this batch of writ petitions. The averments made in the affidavit filed in support of all these writ petitions is almost similar.2. All the petitioners are stated to have submitted quarry lease applications on different dates for grant of lease for cut or dressed granite. The applications are filed on various dates before the Director of Mines and Geology with regard to different extents of lands available for grant of quarry lease in different villages in the State of Andhra Pradcsh. The applications are filed under the provisions of the A.P. Minor Mineral Concession Rules, 1966 (for short 'the Rules'). Some of the applications are filed by the pattedars themselves for grant of quarry lease in their own lands.3. According to the averments made in the affidavit filed in...


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