Andhra Pradesh Court November 1999 Judgments

Peela Pothi Naidu @ Pedababu Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 2000(1)ALD580; 2000(2)ALT1

ORDERB. Subhashan Reddy, J. 1. These three appeals have been preferred aggrieved by the orders dated 17-2-1998 passed by the Court of District and Sessions Judge, Visakhapatnam in OP Nos.1221 to 1223 of 1997. 2. The said original petitions arose out of the Criminal law (Amendment) Ordinance, 1944 and the action attaching the properties. The Registry has taken objection with regard to the maintainability of these appeals, as, the appeals are not accompanied by the certified copies of the decrees and that filing of certified copies of the decrees cannot be dispensed with.3. While it is true that filing of a certified copy of a decree cannot be dispensed with on the analogy in Rule 1 of Order XLI of the Code of Civil procedure, the same cannot be read in isolation and has to be read with Rule 6-A of Order XX of CPC. Both are not mutually exclusive and if that be so, both the provisions have to be harmoniously construed. While filing of a certified copy of ajudgment can be dispensed with, ...

Commissioner of Income-tax Vs. Lohiya Trading Co.

Court: Andhra Pradesh

Reported in: 2000(2)ALT537; [2000]242ITR434(AP)

P. Venkatarama Reddi, J.1. In these reference cases arising under the Income-tax Act, 1961, the Tribunal referred the following questions of law for the opinion of this court :'1. Whether the Income-tax Appellate Tribunal was correct in law in holding that in view of the non-obstante clause found in Section 271(2) of the Income-tax Act, 1961, the term 'assessed tax' occurring in Section 271(1)(i)(b) has to be construed de hors the Explanation thereto ?2. Whether the Tribunal was correct in law in holding that reading together the provisions of Sub-sections (1)(i) and (2) of Section 271, it is not the amount of advance tax which was actually paid by the registered firm that is material for deduction from the amount of the tax payable on the income of a registered firm treated as an unregistered firm under Section 271(2) but it is the amount of advance tax payable by such an unregistered firm which is relevant for the purpose of quantifying the amount of penalty leviable under Section 27...

Jala Rajagopal Vs. A.P. Transmission Corporation Ltd. and ors.

Court: Andhra Pradesh

Reported in: 1999(6)ALT741; (2000)IIILLJ516AP

B. Sudershan Reddy, J. 1. Heard the learned Counsel for the petitioner and Sri S. Ravindranath, learned standing Counsel appearing on behalf of the respondent-Corporation.2. This writ petition is directed against the proceedings Memo. No. SE/O/NLR/Adm.CD2/ D/No. 307/99 dated May 1999/June 1, 1999 directing the petitioner herein to show cause as to why the punishment proposed in paragraph 8 should not be imposed on him. The petitioner was accordingly directed to furnish his explanation to the Superintending Engineer, Operation, Nellore. According to the petitioner, this show cause notice suffers from inherent lack of jurisdiction and, therefore, even though it is a show cause notice, is liable to be set aside by this Court.3. Brief and relevant facts may be noticed before adverting to the question whether the petitioner is entitled for any relief. There was an enquiry against the petitioner initiated by the respondents in the year 1997 on the ground that the petitioner had committed irr...

Life Insurance Corporation of India Vs. B.S.P. Jyothi

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. We heard the learned Counsel for the appellant and carefully perused the order of the District Forum. We do not find any ground for interfering with the order of the Nellore District Forum in CD No. 278/1998 dated 20.8.1999 questioned by the opposite party in that C.D. The complainant is the respondent in this appeal. 2. It is not in dispute that the deceased husband of the complainant, one Sri Jonnalagadda James, had taken a double accident benefit policy bearing No. 650299021 from the appellant for Rs. 1,00,000/- under the Salary Saving Scheme. At the time of the proposal itself the premium for the first two months was collected from him and a letter of authorisation was also taken from him (marked as Ex. B-2). Sri Jonnalagadda James died in an accident on 20.7.1997 and that was not disputed by the appellant. The complainant was the nominee under the policy and after the death of her husband she claimed the policy amount from the appellant. The appellan...

L.i.C. of India and Another Vs. V. Lakshminarayana Rao

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. The only question raised in this appeal preferred by the opposite parties representing the Life Insurance Corporation of India (LIC for short) in O.P. No. 489/1995 questioning the order of the Khammam District Forum therein dated 5.11.1997 is whether the District Forum was right in directing the LIC to include bonus in calculating the surrender value payable to the complainant, who is the respondent in the appeal. The fact that the policy bearing No. 62253696 for Rs. 1,00,000/- taken by the complainant on 28.1.1986 lapsed after 3 years is not in dispute. The LIC already paid Rs. 6,203.40 ps. towards the surrender value on that policy to the complainant. The complainant contends that in calculating the surrender value the appellant did not take into consideration the bonus payable to him. The District Forum allowed the claim of the complainant purporting to rely on condition No. 7 of the policy extracted in the counter filed by the appellants before it. Th...

G. Arjun Rao Vs. Principal Secretary to Govt., Ma and Ud Dept., Govt. ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD132; 1999(6)ALT432

ORDER1. The petitioner who was made to retire by the second respondent on medical invaliation filed this writ petition questioning the inaction on the part of the respondents in not considering the case of the petitioner's son for appointment on compassionate grounds.2. At the outset I would like to place on record that this is a very harsh case. The petitioner while working as driver on water tanker in the second respondent-Corporation was deputed by the second respondent to attend Natural Calamities Relief and Rehabilitation Work in Vulavapadu, Ongole District by his proceedings dated 28-10-1996. While he was transporting drinking water to the flood effected area through deep waters floating on the roads on 31-10-1996 the tractor fell into a ditch and the petitioner was run over by the tractor and the tanker. Thereafter, his both legs were amputated and while convulsing at him he made an application in June, 1997 to the second respondent to consider the case of his sonfor appointment...

A.C. Alexander Vs. Director of School Education Hyderabad and Others

Court: Andhra Pradesh

Reported in: 2000(1)ALD234; 1999(6)ALT135

ORDERV.V.S. Rao, J 1. This writ appeal is filed by the unsuccessful petitioner against the order of the learned single Judge dated 23-8-1999 in WP No.146 of 1991. The learned single Judge disposed of the writ petition upholding the validity of the proceedings of the third respondent in Rc NO.A7/13960/89-90 dated 2-11-1990 (impugned order, for short), while observing that the petitioner's interest is taken care of by the management of the third respondent by appointing him as Educational Advisor by protecting his remuneration which he could have drawn as Headmaster. The order of the learned single Judge is mainly challenged on the ground that the impugned order was passed by the third respondent with scant regard to principles of natural justice, that the learned single Judge failed to appreciate the fact that the appellant was appointed as Headmaster after following the due process of selection as per the rules and that when the matter was referred to the first respondent for ratificat...

National Insurance Company Limited, Kakinanda Vs. Illapu Seethamma and ...

Court: Andhra Pradesh

Reported in: II(2000)ACC757; 2001ACJ328; 2000(2)ALD265; 2000(2)ALT455

1. There are altogether nine appeals preferred by the Insurance Company against the common award made by the Tribunal dated 24-7-1995 which pertains to single accident occurred on 25-3-1991 at about 3.00 p.m. at Panasapadu and Chavitidibbalu. There are two cases which pertain to death whereas the other seven relates to injuries sustained by the persons. The Tribunal clubbed 8 OPs., in view of the fact that the OPs., are arising out of a single accident and they were disposed of by the impugned order. Since all the OPs., arise out of the same accident, the appeals are disposed of by a common order.2. The only ground raised by the Insurance Company is with regard to its liability jointly and severally to pay the compensation. The brief facts of the case are as follows:In respect of OP No,346 of 1991 the wife of the deceased filed a claim petition under Section 166 of Motor Vehicle Act claiming a compensation of Rs. 1,00,000/-. The Tribunal on appreciation of both oral and documentary evi...

Veeravalli College of Law, Rajahmundry Vs. Bar Council of India and Ot ...

Court: Andhra Pradesh

Reported in: 2000(2)ALD487; 2000(2)ALT94

ORDER1. The petitioner is an existing Law College which is established by a minority institution. It was given permission by the Bar Council of India to run a law college consisting of three divisions. The petitioner is conducting three year day college course, three year evening college course and five year day college course for the academic years 1998-99 and 1999-2000. They approached the Bar Council of India, the first respondent herein seeking extension of affiliation of the petitioner's college. The Legal Education Committee of the first respondent met on 22-8-1998 and passed the following resolution: 'Committee considered the inspection report of Veeravalli College of Law, Rajahmundry, A.P. In view of the findings and observations made in the Inspection report, committee is of the view that college be granted extension of approval of affiliation for the periods 1998-99 and 1999-2000 with intake of 3 years regular (day) course - two sections- 80 students each and 5 years regula...

Dr. Y.S. Rajasekara Reddy and Others Vs. Nara Chandrababu Naidu and Ot ...

Court: Andhra Pradesh

Reported in: 1999(6)ALD623; 1999(6)ALT406

ORDERM.S. Liberhan, CJ 1. In public interest litigation, office bearers of the Congress Party, a major opposition party in the Assembly, sought a writ of quo warranto or any other writ, order or direction for removal of the Chief Minister and his other Ministers, for having violated the constitutional mandate of Part IX-A of the Constitution by not holding elections to Nine Municipalities around Hyderabad within the stipulated period. Petitioners are Legislators and are concerned for governance of the State in consonance with the Constitutional mandate, consequently the writ. 2. Respondent No.1 was elected as the leader of the A.P. Legislative Assembly and was appointed as Chief Minister of Andhra Pradesh on 1-9-1995. Elections to the Legislative Assembly and the Parliament were notified on 11-7-1999 and the present writ petition was presented on 12-7-1999. The Chief Minister holds the constitutional office, performs the public duty and is a public servant. Violation of the constitutio...