Andhra Pradesh Court December 1999 Judgments

C.S.H.N. Murthy Vs. Government of Andhra Pradesh and Others

Court: Andhra Pradesh

Reported in: 2000(1)ALD434

ORDER1. The petitioner is a postgraduate and a graduate in Education (B.Ed). The petitioner was appointed as Head Master by the 3rd respondent school on 2-6-1995. He was placed on probation. The appointment was for a period of one year from 3-6-1995. It can be extended further after the end of academic year. As per the appointment order, the petitioner is liable for termination if his work is not found to be upto the expected level during the periodof probation. The appointment order also says that the petitioner shall also be in charge of Principal of the Junior College, which is expected to be commenced in the academicyear.2. On 9-4-1996, the Managing Committee served a communication informing the petitioner that his services are terminated with effect from 30-4-1996. The petitioner challenged this by filing WP No. 9169 of 1996. At the interlocutory stage, this Court suspended the order of termination on 24-6-1996. Be that as it may, on 20-9-1996, this Court disposed of the writ peti...

Gottipati Murali Mohan Vs. Jalagam Vengala Rao and Others

Court: Andhra Pradesh

Reported in: 2000(2)ALD297; 2000(2)ALT239

1. The appeal is filed against the judgment and decree of the learned Subordinate Judge, Vijayawada in OS No. 26 of 1978.2. The appellant is the plaintiff, 1st defendant is Smt. Indira Gandhi, the then Prime Minister of India, 2nd defendant is Sri Jalagam Vengal Rao, the then Chief Minister of Andhra Pradesh, 3rd defendant is the District Collector Mr. Santhanam and 4th defendant is the Government of Andhra Pradesh. The plaintiff is an advocate and his father is also a senior lawyer. The plaintiff is a close follower of Sri Jaya Prakash Narayan. It is his case that on 12-6-1985, the High Court of Allahabad has declared the election of 1st defendant as invalid and she was also debarred for contesting the election for six years. Emergency was declared in the country with the active connivance of the 1st defendant so as to protect her office and status. Number of democrats were arrested on 25th and 26th June, 1975. The plaintiff was arrested by the police on 26-6-1975 in pursuance of the ...

N. Mohana Kumar Vs. Bayani Lakshmi Narasimhaiah and Others

Court: Andhra Pradesh

Reported in: 2000(2)ALD269; 2000(1)ALT472

1. Both Civil Revision Petitions can be disposed of by a common judgment. The petitioner in both the Civil Revision Petitions is the auctionpurchaser of the suit schedule property in EP No. 33 of 1983.2. It is necessary to trace out the relevant facts leading to the filing of the Civil Revision Petitions. One Mr. Vemula Shivaramaiah filed suit in OS No. 115 of 1979 on the file of the Principal Subordinate Judge, Kurnool against late Byasani Laxmaiah for recovery of money and the said suit was decreed. By the time, EP proceedings were initiated, Laxmaiah expired and LRs., of Laxmaiah were made JDrs., in the EP late Laxmaiah had two sons, one daughter and wife. Execution proceedings were initiated by the decree holder Vemula Shivaramaiah (hereinafter called as decree holder for the purpose of convenience) and brought the schedule mentioned properties for sale. In pursuance of sale held by the Court on 12-3-1984, the auction purchaser Mr. N. Mohan Kumar, who is the petitioner in the prese...

Cil Securities Ltd., Hyd. Vs. Commissioner of Income Tax, A.P. and Ano ...

Court: Andhra Pradesh

Reported in: 2000(4)ALD69; 2000(2)ALT541; (2000)161CTR(AP)44; [2000]242ITR472(AP)

ORDERV. Eswaraiah, J 1. The petitioner filed this writ petition to declare that the petitioner is entitled to the benefit of the Karvivad Samadhan Scheme-1998 (for short 'the Scheme') in respect of interest tax assessments for the assessment years1994-95 and 1995-96 and consequently to set aside the order dated 10-2-1998 of Commissioner of Income Tax.2. The Commissioner of Income Tax in the said order informed the petitioner that the declaration filed by him is lodged as there are no tax arrears remaining unpaid on the date of declaration as required under Section 87(m) of Finance (No.2) Act, 1998.3. The petitioner-Company is carrying on business of stock broking, merchant banking, registrars and share transfer agents and investment banking. The petitioner-Company was contending that it was not liable to interest tax, and therefore, according to the petitioner, no return of income were filed for the assessment years 1994-95 and 1995-96. But, the Assessing Officer held that the Interest...

New India Assurance Company Ltd. and Another Vs. M/S. Sri Gopal Starch ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. Heard the learned Counsel on both sides. This is an appeal preferred by the opposite party Insurance Company questioning the order of the East Godavari District Forum at Kakinada in O.P. No. 196/1996 dated 19.6.1998. The complainant in the O.P. is the respondent in the appeal. The District Forum allowed the complaint and directed the appellants to pay Rs. 43,000/- together with interest 18% per annum from 12.9.1994 till the date of realisation and also Rs. 2,000/- towards costs to the complainant. 2. The case of the complainant before the District Forum was that he obtained a Marine Policy (Cargo) dated 15.3.1994 with insurance cover on consignments said to contain starch packed in new single gunny bags and declared for insurance as and when despatched subject to the maximum value of each consignment despatched by road not exceeding Rs. 1,00,000/-. The policy was open and the period during which the despatches could be made was 15.3.1994 to 14.3.1995. On...

Bikkina Gopalakrishna Rao Vs. Seavalley Resorts Pvt. Ltd.

Court: Andhra Pradesh

Reported in: [2001]104CompCas267(AP); (2000)2CompLJ65(AP)

A. Gopal Reddy J.1. This petition is filed by the petitioner who is a shareholder under Section 432 (c) and (f) read with Section 439 of the Companies Act, 1956, for winding up of the respondent-company under the provisions of the Companies Act, 1956.2. It is alleged in the petition that the respondent-company was incorporated as a private limited company, limited by shares on July 23, 1987, under the name of 'Seavalley Estates Private Limited' and subsequently its name was changed as 'Seavalley Resorts Private Limited', and its authorised capital as on March 31, 1996 is Rs. 2,00,000 divided into 20,00,000 equity shares of Rs. 10 each. The issued paid up and subscribed capital of the company is Rs. 94,38,660 into 9,43,866 equity shares of Rs. 10 each. It is further stated in the petition that the main object of the company is to purchase, take on lease or in exchange hire or otherwise acquire and improve all kinds of immovable and movable properties, etc., and also to carry on business...

Secretary, A.P. Public Service Commission Vs. Y.V.V.R. Srinivasulu and ...

Court: Andhra Pradesh

Reported in: 1999(6)ALT757

Ramesh Madhav Bapat, J.1. This writ petition is filed under Article 226 of the Constitution of India by the Andhra Pradesh Public Service Commission, Hyderabad, represented by its Secretary, praying for issuance of Writ of Certiorari to quash the orders dated 29-12-1998 passed by the Andhra Pradesh Administrative Tribunal in O.A. No. 4465 of 1997.2. It appears from the record that the unofficial respondents, i.e., respondents 1 to 3 had filed the aforesaid O.A. before the Andhra Pradesh Administrative Tribunal seeking a direction that they should be given preference over the other candidates in different types of posts as advertised by the Andhra Pradesh Public Service Commission in its Advertisement No. 8/90, 23-7-1990 in Group-II-A services. It is further submitted by the petitioner herein that all of them are graduates with additional qualification i.e., graduation in Law and that in spite of this position they were not given preference.3. It appears that the Tribunal heard the matt...

M. Venkateswara Rao and ors. Vs. Secretary, R.T.A. and ors.

Court: Andhra Pradesh

Reported in: 2000(1)ALT170

ORDERB. Sudershan Reddy, J.1. This batch of writ petitions can be disposed of by a common order, as the question that arises for consideration is one and the same. I have elaborately heard the learned Counsel for the petitioners and the learned Government Pleader for Transport at the admission stage. At their request the matter is taken up for final disposal. 2. Rule Nisi. 3. The petitioners assail the legality and propriety of the action of the respondents in seizing the vehicles on the basis of the check report. To appreciate the controversy, the facts in one writ petition may be noticed. 4. The petitioner in W.P. No. 25348 of 1999 claims to be the registered owner of the vehicle bearing No. KA.01/B-1111. It is stated that the vehicle is covered by an All India Tourist permit granted by the State Transport Authority, Bangalore. The permit is valid up to 12-10-2003. The vehicle is also authorized to operate in the State of Andhra Pradesh. According to the petitioner; the vehicle is co...

Reddi Nageswara Rao Vs. Chief Post Master General and ors.

Court: Andhra Pradesh

Reported in: 2000(1)ALT60

ORDERRamesh Madhav Bapat, J.1. This writ petition is filed to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 3 as illegal and quash the orders of the Central Administrative Tribunal, Hyderabad, in O.A. No. 1465/98, dated 26-03-1999 and consequently direct the 3rd respondent to announce the results with regard to the appointment of Branch Post Master of Gutchmi village in Seethanagaram Mandal pursuant to the latest 2nd notification dated 12-10-1998.2. Heard learned Counsel for the petitioner. Respondents though served are absent. No representation on their behalf.3. The writ affidavit filed in support of the writ petition shows that the petitioner herein has passed 10th Class with I Division and got enrolled himself with the District Employment Exchange. It is further stated that on account of one Mr. S.S. Rao Patnaik's retirement from service in the year 1998, on attaining the age of superannuation, ...

V. Venkata Rao and Another Vs. Deputy Transport Commissioner and Secre ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD243; 2000(1)ALT46

ORDER1. The petitioners in the instant writ petition challenge Memo No.20081/ A1/99 dated 16-10-1999 issued by the first respondent herein directing the petitioners to stop plying of the operation of the vehicleson the inter-State route (1) Yanam to Rajahmundry and (2) Yanam to Jaganniakpuram. 2. Before adverting to the question as to the validity of the impugned Memo, the facts, in some what detail, may have to be noticed: The petitioners are the transport operators. They have applied for grant if inter-State permits on the routes (1) Yanam to Rajahmundry and (2) Yanam to Jagannaiakapuram. The State Transport Authority, Pondicherry, vide proceedings No.TD/PP/1/40/94 dated 31-10-1994 granted stage carriage permits for a period of five years. However, the Secretary, State Transport Authority, Andhra Pradesh, refused to counter sign the permits so granted by the State Transport Authority, Pondicherry and informed the State Transport Authority, Pondicherry that the routes in question are ...