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Andhra Pradesh Court October 1999 Judgments

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Oct 13 1999

Tota Venkat Reddy and Others Vs. Government of Andhra Pradesh and Othe ...

Court: Andhra Pradesh

Decided on: Oct-13-1999

Reported in: 1999(6)ALD804; 1999(6)ALT547

1. The writ petition is filed seeking writ of mandamus directing the respondents to forthwith implement the orders dated 13-11-1995 in Writ Petition No.l6714of 1991.2. It is the case of the petitioners that an extent of 25 guntas situated in S.No.279/2 of Alwal Village, Ranga Reddy District was notified for acquisition. Notification under Section 4(1) of the Land Acquisition Act (hereinafter called the 'Act') was published on 29-12-1977 and the possession of the land was also taken on 8-2-1978. However withdrawal proposajs were initiated under Section 48 of the Act, but after re-enquiry it was found that it was a patta land and therefore on 10-2-1984 withdrawal proposals were withdrawn. But, however, further proceedings were not taken. Therefore, the petitioner filed Writ Petition No.16714 of 1991 for appropriate directions. This Court by an order dated 13-11-1995 disposed of the writ petition with the following directions:'Under these circumstances, I am constrained to dispose of the ...


Oct 12 1999

Paper Clipping Clipping Containing an Article Under the Caption Karimn ...

Court: Andhra Pradesh

Decided on: Oct-12-1999

Reported in: 2000(1)ALD14; 1999(5)ALT654

ORDERB. Subhashan Reddy, J. 1. Thiswrit petition raises a very important point for consideration. It is a taken up case on the basis of paper reports dated 7-9-1999 containing a mutilated car on account of the blast of the liquid petroleum gas cylinder placed therein used as a fuel in place of petrol. If it is a solitary incident of a blast, it may be called as an accident. But, it is not so. At some other places, similar incidents have been reported. Apart tram the safety point which has to be decided on factual side, the prime point is the legality otherwise in the user of the gas cylinder as a fuel to run the automobile vehicles.2. Mr. B. Adinarayana Rao, learned Standing Counsel for the Central Government and Mr. Sarvabhouma Rao, learned Counsel appearing for the 9th respondent submit that Section 52 of the Motor Vehicles Act, 1988 is not applicable for the conversion of the liquid petroleum gas into a fuel source. According to the learned Counsel, while for substitution of other f...


Oct 12 1999

Vijaya Bagrodia and Others Vs. Global Steels Ltd. and Others

Court: Andhra Pradesh

Decided on: Oct-12-1999

Reported in: 1999(6)ALD514; 1999(6)ALT193

ORDER1. This is a petition filed under Section 24, CPC seeking transfer of suit OS No.22 of 1999 on the file of the Senior Civil Judge, Gudivada to the Court of III Senior Civil Judge, Secunderabad to be heard along with OS No. 176 of 1998 pending on the file of the latter Court. The petitioners herein claim to be the Managing Director and Directors of M/s. Global Steels Limited, a company having its Registered Office at Hyderabad. One Wahaz Mirza, who was a former director of the said company filed OS No.176 of 1998 in the Court of the III Additional Senior Civil Judge, City Civil Court at Secunderabad questioning the management of the company by the petitioners herein and their right to act as Managing Director and Directors of the company and to declare the several actions taken by them in the management of the company and the various resolutions passed at various meetings as illegal and non-est for a permanent injunction restraining the petitioners and their associates and represen...


Oct 12 1999

Managing Director, Apsrtc, Mushirabad, Hyd. Vs. Om Prakash Agarwal and ...

Court: Andhra Pradesh

Decided on: Oct-12-1999

Reported in: 2001ACJ526; 1999(6)ALD732; 1999(6)ALT676

ORDER1. This appeal is filed by the Andhra Pradesh State Road Transport Corporation, Hyderabad aggrieved by the award passed in OP No.373 of 1987 dated 30-3-1990 on the file of the Motor Accident Claims Tribunal, Khammam, wherein the Tribunal below has awarded a sum of Rs.2,43,000/- towards compensation for the injuries sustained by the claimant in a motor vehicle accident that was occurred on 26-5-1987.2. The case of the petitioner in brief is as follows: on 26-5-1987 the petitioner boarded an Road Transport Corporation bus bearing No.AAZ 8466 at Kothagudem to go to Hyderabad and the petitioner sat on the back seat of the bus resting himself leaning over the body of the bus inside. The 1st respondent drove the bus at a high speed and even continued so when it was about to reach Enkur village. At that time, lorry was coming in the opposite direction visible to the 1st respondent from a long distance and that the 1st respondent did not slow down the speed and lost control and that the b...


Oct 12 1999

Sree Rama Medical and Surgical Agencies Vs. Commissioner of Income-tax

Court: Andhra Pradesh

Decided on: Oct-12-1999

Reported in: 1999(6)ALT670; [2000]243ITR425(AP)

P. Venkatarama Reddy 1. This appeal under Section 260A of the Income-tax Act, 1961, arises out of the order of the Income-tax Appellate Tribunal confirming the assessment made under Section 158BG of the Income-tax Act which is part of Chapter XIVB. An amount of Rs. 27,82,682 was taken as undisclosed income representing the unexplained cash credits and the interest thereon. The cash credits recorded in the books of account of the appellant firm were treated as bogus and the same were taken as income by applying Section 68 of the Income-tax Act, The alleged creditors were examined in the presence of the managing partner of the appellant firm. The conclusions were based mainly on the statements of the alleged creditors recorded by the Assessing Officer. Certain other factors were also taken into consideration by the Assessing Officer. The Tribunal confirmed the assessment rejecting the assessee's objections both on the question of jurisdiction as well as on the merits of the assessment.2....


Oct 12 1999

Paper Clipping Containing an Article Under the Caption karimnagarlo Pe ...

Court: Andhra Pradesh

Decided on: Oct-12-1999

Reported in: I(2000)ACC543

ORDER1. This writ petition raises a very important point for consideration. It is a taken up case on the basis of paper reports dated 7.9.1999 containing a mutilated car on account of the blast of the liquid petroleum gas cylinder placed therein used as a fuel in place of petrol. If it is a solitary incident of a blast, it may be called as an accident. But, it is not so. At some other places, similar incidents have been reported. Apart from the safety point which has to be decided on factual side, the prime point is the legality or otherwise in the user of the gas cylinder as a fuel to run the automobile vehicles.2. Mr. B. Adinarayana Rao, learned Standing Counsel for the Central Government and Mr. Sarvabhouma Rao, learned Counsel appearing for the 9th respondent submit that Section 52 of the Motor Vehicles Act, 1988 is not applicable for the conversion of the liquid petroleum gas into a fuel source. According to the learned Counsel, while for substitution of other fuel sources in plac...


Oct 12 1999

Managing Director, Andhra Pradesh State Road Transport Corporation Vs. ...

Court: Andhra Pradesh

Decided on: Oct-12-1999

Reported in: II(2001)ACC401

Elipe Dharma Rao, J.1. This appeal is filed by the A.P.S.R.T.C., Hyderabad, aggrieved by the award passed in O.P. No. 373 of 1987 dated 30.3.1990 on the file of the Motor Accident Claims Tribunal, Khammam, wherein the Tribunal below has awarded a sum of Rs. 2,43,000/- towards compensation for the injures sustained by the claimant in a motor vehicle accident that occurred on 26.5.1987.2. The case of the petitioner in brief is as follows: On 26.5.1987 the petitioner boarded an R.T.C. bus bearing No. AAZ 8466 at Kothagudem to go to Hyderabad and the petitioner sat on the back seat of the bus resting himself leaning over the body of the bus inside. The respondent No. 1 drove the bus at a high speed and even continued so when it was about to reach Enkur village. At that time a lorry was coming in the opposite direction visible to the respondent No. 1 from a long distance and that the respondent No. 1 did not slow down the speed and lost control and that the bus went towards right side from ...


Oct 11 1999

Sripada Lavanya Vs. Head, Department of Business Management, Osmania U ...

Court: Andhra Pradesh

Decided on: Oct-11-1999

Reported in: 2000(1)ALD71; 1999(6)ALT302

ORDER1. The facts of this case arc not in dispute. The petitioner seemed to have appeared for entrance test to MBA course for the academic year 1999-2000 of the respondent No.2-University after writing the qualifying examination i.e., B.Sc. In the entrance test the petitioner seemed to have secured rank of 545. But as per the results published by the respondents for the qualifying examination she was shown as failed in Mathematics Paper-Ill in B.Sc. FinaJ year. Thereafter she applied for revaluation, and to the surprise of this Court, in the revaluation, she not only passed in the above subject, but also secured 70% aggregate marks in the B.Sc. final year examination. It is also not in dispute that on 16-09-1999, the petitioner submitted a representation to the respondents along with a copy of the Memorandum of marks issued by the University after revaluation requesting allotment of seat in MBA course. On 27-09-1999 when the petitioner approached the Respondents/Convenor, the Convenor ...


Oct 11 1999

Apsrtc, Mushirabad, Hyd. Vs. Patan Shamshad Begum and Others

Court: Andhra Pradesh

Decided on: Oct-11-1999

Reported in: 2001ACJ1399; 2000(1)ALD165; 2000(1)ALT117

ORDERMotilal B. Natk, J 1. This appeal is filed by the A.P.State Road TransportCorporation, represented by its Managing Director, Musheerabad, Hyderabad assailing the award passed in MV OP No.671 of 1996 dated 23-7-1999 by the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Guntur.2. Respondents 1 to 4 herein are the egal heirs of the deceased-Patan Mahaboob, respondent No.1 being his wife and respondents 2 to 4 being his minor children. The respondents-claimants filed MV OP No.671 of 1996 on the file of the Tribunal below claiming a total compensation of Rs.4.00 lakhs from the appellant herein onthe ground that the deceased-Pathan Mahaboob died due to the rash and negligent driving of the APSRTC bus by its driver. It is the case of the respondents-claimants before the Tribunal below that the deceased was working as helper in PWD Department Workshop of Government of Andhra Pradesh at Macherla. He was drawing a salary of Rs.2,922/- per month and he was 44 years old at t...


Oct 11 1999

Warangal District Co-operative Central Bank Limited Vs. District Consu ...

Court: Andhra Pradesh

Decided on: Oct-11-1999

Reported in: 2000(1)ALD273; 2000(2)ALT391; [2000]101CompCas24(AP)

ORDER1. The petitioner viz., Warangal Co-operative Central Bank Limited aCo-operative Bank constituted under theprovisions of the Andhra Pradesh Co-operative Societies Act, 1964, has filed this revision petition under Article 227 of the Constitution of India against the orders passed by the District Consumer Forum, Warangal in CD No.798 of 1993 dated 25-10-1994.2. The facts leading to the filing of the revision petition are that the 2nd respondent is a member of the petitioner-bank. He obtained a loan from the bank and since he failed to repay the same, recovery proceedings were initiated against him. During the pendency of the recovery proceedings, the 2nd respondent has repaid the loan amount and thereafter the movable property i.e., electric motor which was seized from the 2nd respondent during the recovery proceedings was returned to him. The 2nd respondent, however, filed a complaint petition before the District Consumer Forum, Warangal, under the provisions of the Consumers Prote...


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