Andhra Pradesh Court February 1999 Judgments
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Pentapati Venkata Satyanarayana Murthy Vs. State
Court: Andhra Pradesh
Decided on: Feb-26-1999
Reported in: 1999(2)ALD344; 1999(1)ALD(Cri)496; 1999(1)ALT(Cri)502; 1999CriLJ4190
1. This appeal is directed against the judgment of the Additional District Judge (Special Judge for the offencesunder Narcotic Drugs and Psychotropic Substances Act), Vizianagaram dated 6-4-1993 rendered in CC No.22 of 1992 under which the accused has been convicted for contravention of Section 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 punishable under Section 15 of the Act and sentenced to undergo imprisonment for 10 years and also to pay a fine of Rs. 1,00,000/-and in default of payment of fine to undergo rigorous imprisonment for two years.2. The facts relevant to the appeal may be stated briefly as follows :On 28-3-1988 at about 10.00a.m. on the strength of some information PW1 the Excise Sub-Inspector, PW5 the then Assistant Commissioner of Enforcement, PW2-another Excise Sub-Inspector, PW4-the then Excise Sub-Inspector, Enforcement, Visakhapatnam PW5, the Assistant Commissioner of Excise, Enforcement, Vizag and some other staff members went to the premises of K...
Pasala Pedda Veeraiah and Another Vs. Kammanuru Srinivasulu
Court: Andhra Pradesh
Decided on: Feb-26-1999
Reported in: 1999(2)ALD517; 1999(2)ALT677
1. This second appeal is directed against this judgment and decree dated 28-9-1995 passed in OS No.166 of 1991 on the file of the III Additional District Munsif, Cuddapah, which was confirmed by the judgment and decree of the Principal District Judge, Cuddapah, in AS No.41 of 1995, dated 9-6-1997.2. Sri M.R.K. Chowdary, learned senior Counsel appearing for the appellants, strenuously contended that the Courts below failed to take note of the proviso to Rule 64 of the Andhra Pradesh (Agricultural Produce and Livestock) Market Rules, 1969 (for short 'the Rules'), under which no liability can be fixed on the Commission Agent for the goods sold by the seller to the purchaser directly. As such the question of payment of any amount by the Commission Agents-appellants for the goods sold in the market-yard does not arise. Even assuming that the appellants are liable to pay the amount, as the suit is not for rendition of accounts, the first transaction dated 14-3-1988 under which the respondent...
D. Ramalinga Reddy @ D. Babu Vs. State
Court: Andhra Pradesh
Decided on: Feb-26-1999
Reported in: 1999(2)ALD572; 1999(2)ALD(Cri)436; 1999(1)ALT(Cri)287; 1999CriLJ2918
1. Heard the learned Counsel for the appellant as well as the Public Prosecutor.2. The appellant has been convicted for the offences under Section 341 of IPC and also under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The facts which lead to the prosecution of the appellant are that, one Smt. Mekala Rajamma who belongs to Yanadi caste reported that on 9-11-1993 at about 10.00 a.m. she collected cow dung in a basket and went towards the outskirts of the village to dump it on the manure heep, the heep was to the south of her house in her land. After dumping, she went to altend the calls of nature in the land of Nallapa Reddy Bhaskar Reddy. While returning the accused met her, after chit chatting for a while he caught hold of her hand, she admonished him, the accused gagged her mouth and said, 'Hey Yanadi prostitute come, I want to fulfill my ardent desire'. After saying these words he dragged her towards him. She also stated that, th...
Jaya Satya Marine Exports Pvt. Ltd. Bhimavaram Vs. Union of India and ...
Court: Andhra Pradesh
Decided on: Feb-26-1999
Reported in: 1999(2)ALD653; 1999(2)ALT661; 1999(111)ELT352(AP)
ORDERM.S. Liberhan, CJ 1. These writ petitions are disposed of by this common order.2. The petitioners are exporting processed or frozen prawns and shrimps. Under the Agricultural Produce Cess Act, 1940, (hereinafter referred to as 'the Act') cess at the rate of 0.5% on agricultural products given in the Schedule was imposed. Cess is to provide financial assistance to the Indian Council of Agricultural Research, who undertakes the research on agricultural products. It is imposed on the value of export of the agricultural products. In the itinerary of items in Schedule, 'Fish' is subject to cess. The petitioners challenged the levy of cess, inter alia, contending : Since prawn is not a fish; consequently not liable for cess. No cess can be recovered by the respondents on prawns, having not been provided by legislation.3. The learned Counsel for the Union of India contended : The word 'fish' is used in broad term. It would include aquatic animals like crab, prawns, etc.Prawns are liable ...
D. Raja Reddy Vs. Director General, National Institute of Agricultural ...
Court: Andhra Pradesh
Decided on: Feb-26-1999
Reported in: 1999(3)ALD74; 1999(2)ALT414
ORDER1. The petitioner before me has filed this application for appointing the sole arbitrator. Though there are other reliefs, which go to the merits of the case, they do not arise for my consideration in this application.2. A counter is filed denying the allegations of the petitioner.3. It is not in dispute that the petitioner has entered into an agreement vide proceedings No.MNG-05/92/1 dated 12-11-1992 with the Superintending Engineer, MANAGE for construction of building complex at Rajendranagar, Hyderabad. It appears that there is some dispute between the parties regarding thecontract in question. The agreement dated 12-11-1992 provides for an arbitration clause, which reads as under :'52.0 Settlement of Disputes : 52.1 Amicable Settlement:-........ 52.2 If the Contractor considers any work demanded of him to be outside the requirements of the contract or considers the drawings, records or ruling of the Engineer-in-charge and any matter in connection with or arising out of the con...
President, Trust Board, Amba Bhavani Temple and Hanuman Temple, Mahabo ...
Court: Andhra Pradesh
Decided on: Feb-26-1999
Reported in: 1999(3)ALD27; 1999(2)ALT636
ORDERM.S. Liberhan, CJ 1. Cause shown is sufficient. Delay is condoned. 2. The applicant has sought the review of the order dated 11-8-1998 in Writ Appeal No.1193 of 1998 inter alia contending : The scope of proceedings under Section 71 of the A.P. Charitable & Hindu Religious Institutions and Endowments Act (A.P. Act XV11 of 1966) (for short 'the Act') were not properly placed before the learned Judge and authorities below. The proceedings under Section 7! of the Act were instituted with the Revenue Divisional Officer (R.D.O) at the instance of the Assistant Commissioner, Endowments, for resumption of lands owned by the Endowment. Sections 71 and 72 of the Act are para materia with Sections 77 and 78 of A.P. Act XXX of 1987. The genesis of the provisions lies in Section 35 of the Madras Hindu Religious & Charitable Endowments Act, 1951. The object of which was to authorise revenue authorities to recover the lands, from encroachers or defaulters of the terms of grants, being in better ...
Land Acquisition Officer-cum-special Deputy Collector (L.A.), Visakhap ...
Court: Andhra Pradesh
Decided on: Feb-26-1999
Reported in: 1999(3)ALD401; 1999(2)ALT595
ORDERP. Venkatarama Reddi, J.1. These two appeals filed by the State under Section 54 of the Land Acquisition Act are directed against the Award passed by the Subordinate Judge, Chodavaram in O.P.Nos.102 and 107 of 1988. These two OPs along with nine other OPs (i.e. 102 to 112 of 1988) were disposed of by a common judgment on 27.3.1995. The impugned Awards are examples of common pattern adopted by the then Subordinate Judge, Anakapalle (who is presently under suspension and facing disciplinary and criminal proceedings) to inflate the compensation to the maximum extent possible in absolute disregard of the facts, evidence and material on record and in distortion of the legal principles governing the determination of compensation. In a batch of appeals relating to acquisition for the same purpose at about the same time which were disposed of recently, we observed as follows :'Neither the fact that in the award or even in the agreement of sale (Ex.A-1) relied upon by the Subordinate Judge...
Ducinia Rodrigues and Another Vs. State Govt., Prl. Secretary to Reven ...
Court: Andhra Pradesh
Decided on: Feb-26-1999
Reported in: 1999(4)ALD138; 1999(4)ALT95
1. In this writ petition, the petitioners prays for the issuance of a writ of certiorari to call for the records from the 3rd respondent in CC Nos.F1/ 842/76 along with F2/862/96 and F2/863/96 and to quash the impugned Memo No.F2/ 862, 863/26/96, dated 28-3-1998 and also for a consequential direction to the 3rd respondent to give clearance to the petitioners in respect of the retainable area in plot Nos.58 and 59 in S. No.357/1 and 357/3 of Malkajgiri Village, Ranga Reddy District and for a further direction to the 4th respondent to receive and register the sale-deeds presented for registration in respect of the above said plots.2. Brief history of the case which lead to the filing of the writ petition is as under : The petitioners herein filed their declarations as required under the provisions of the Urban Land (Ceiling & Regulation) Act, 1976, (for short, 'the Act') declaring that an extent of 2780 square metres of urban land was held by each one of them. The competent authority i.e...
Commissioner of Income-tax Vs. Orbit Travel and Tours Pvt. Ltd.,
Court: Andhra Pradesh
Decided on: Feb-26-1999
Reported in: [1999]238ITR931(AP)
P. Venkatarama Reddi, J.1. In these petitions filed by the Commissioner of Income-tax, A. P.-I, under Section 256(2) of the Income-tax Act, 1961, the Revenue seeks reference of the following questions :'(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the adjustment made by the Assessing Officer in determining the income of the assessee under Section 115J is a debatable one, though the issue was settled by the Andhra Pradesh High Court's decision in the case of V.V. Trans-Investments (P.) Ltd. : [1994]207ITR508(AP) ? (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the decision of the Andhra Pradesh High Court referred to above is not applicable to the assessee's case, since the decision was rendered subsequent to processing the return under Section 143(1)(a) ?' 2. However, in I. T. C. No. 94 of 1998, the following quest...
Akkala Sambaiah and anr. Vs. Bank of India, Tenali Branch
Court: Andhra Pradesh
Decided on: Feb-26-1999
Reported in: 1999(3)ALT206
A. Hanumanthu, J.1. This appeal has been preferred against the order of dismissal dated 17-2-1998 passed in I.A. No. 516 of 1996 in an unnumbered appeal (C.F.R. No. 3496 of 1996) on the file of the Principal Senior Civil Judge, Tenali in Guntur District.2. The appellants herein are the defendants and the respondent is the plaintiff in the suit O.S. No. 68 of 1990 which is a money suit. The appellants-Defendants contested that suit. The matter was posted for their evidence to 29-2-1996. But the defendants failed to attend the Court on that day and subsequently the suit was decreed ex parte on 6-3-1996. Later on they preferred the appeal with a petition to condone the delay of 44 days in preferring the appeal. The appellants came up with an explanation for the said delay in preferring the appeal and also for not attending the Court on the date on which the suit was posted for their evidence. It is stated in the petitioners' affidavit that as their granddaughter died under suspicious circ...
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