Andhra Pradesh Court August 1999 Judgments
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Pulla Bhaskar Vs. Superintendent of Police, Warangal and Others
Court: Andhra Pradesh
Decided on: Aug-13-1999
Reported in: 1999(5)ALD155; 1999(4)ALT681
ORDER1. Rule nisi.2. The petitioner claims to be owner of a petrol filling station in Warangal district. He submits that he makes his livelihood from the income derived from the petrol pump. He also states that he is involved in politics and is connected to the Congress party. He had been elected as a Corporator of Warangal Municipal Corporation for two consecutive terms and he had been Chairman of the Standing Committee of the Warangal Municipal Corporation for the last four years. He is also President of the Warangal District Youth Congress. He was also a Member of the Civil Supplies Advisory Board of Warangal District and he was also a Member of Telecom Advisory Committee, Warangal. He submits that since he is in politics he has many well wishers and also many enemies. On his recent visit to Mattawada Police Station he found that his name was listed as a rowdy sheeter and was displayed in the notice board of the said Police Station. The petitioner further submits that he made enquir...
Food Inspector, Anantapur Vs. G. Narasimha Murthy and Another
Court: Andhra Pradesh
Decided on: Aug-13-1999
Reported in: 1999(5)ALD301; 1999(2)ALD(Cri)430; 1999(2)ALT(Cri)179
1. Appellant is the State represented by the food Inspector, Anantapur. This appeal is directed against the judgment dated 18-2-1999 in CC No.73 of 1993 on the file of the Additional Judicial Magistrate of First Class, Kadiri, wherein the accused are found not guilty for the offence under Section 16(1)(a)(ii) for the contravention of Sections 7(v) and 2(ia)(m) of Prevention of Food Adulteration Act, 1954 and they are acquitted under Section 248(1) Cr.PC.2. A perusal of the judgment of the trial Court shows that the entire evidence and material on record had been very carefully gone through and after considering the issue in detail, the trial Court has passed the impugned judgment acquitting the accused for the offence levelled against them.3. The impugned judgment reveals that the matter ended in acquittal mainly on the ground that Rules 4(3) and 4(4) of the Prevention of Food Adulteration Rules which are mandatory, are not followed by the Investigating Authority. I do not find any val...
P. Nazeer Ahmed Vs. Joint Transport Commissioner and Secretary and Oth ...
Court: Andhra Pradesh
Decided on: Aug-13-1999
Reported in: 1999(6)ALD198; 1999(5)ALT408
ORDER1. Heard the learned Counselfor the petitioner and the learned Counselfor the respondents. The petitioner has been operating Bus bearing Registration No. KA.07/3144 on an inter-State route from Bangalore to V.Kota. V.Kota is in Andhra Pradesh. The petitioner complains that respondents 4 to 7 preferred applications before the State Transport Authority (S.T.A.) Bangalore for seeking a permit of a Stage Carriage on a route formulated from Bangalore to Pathanhalli via Andhra Pradesh State border at V.Kota etc., and vice-versa. It is alleged that the said route overlaps several approved schemes published in favour of Andhra Pradesh State Road Transport Corporation (APSRTC) as well as Karnataka State Road Transport Corporation (KSRTC). It is alleged that there are two approved schemes of Andhra Pradesh State published in G.O. Ms. No.41, dated 5-1-1977 and G.O. Ms. No.773 dated 3-6-1975. G.O. Ms. No.41 scheme is in respect of route from Chittoor to Kupppam via Palmaner and V.Kota. Under ...
Mittal Iron Foundry (P) Ltd. Vs. Elektro Flame Limited
Court: Andhra Pradesh
Decided on: Aug-13-1999
Reported in: (2000)1CompLJ192(AP)
ORDERKrishna Saran Shrivastav, J.1. This is an application filed under Section 433 (e) and (f) of the Indian Companies Act, 1956, for winding up the respondent-company.2. The case of the petitioner-company in brief is that in pursuance of the purchase order, dated 25.7.1992, the petitioner-company supplied C.I. castings fan body, bottom rovers, etc., through invoice, dated 11.8.1992. The prices 0f the goods supplied on credit was Rs. 98,268.77 and Rs. 1,32,939.46 respectively, totalling to Rs. 2,31,208.23. The goods sold on credit were received by the respondent-company on. 15.8.1992 vide the acknowledgement signed by the authorised signatory of the respondent-company, dated 25.8.1992. It was agreed that if the payment of the bill not being made within (90) days therefrom the petitioner-company shall be entitled to claim interest at the rate of 24% per annum. In answer to reminders for payment of the goods sold on credit, the respondent-company acknowledged the liability to pay through...
M.V. Panduranga Rao Vs. A. Sattar Khan
Court: Andhra Pradesh
Decided on: Aug-13-1999
Reported in: 1999(5)ALT471
ORDERRamesh Madhav Bapat, J.1. The petitioner herein was the judgment-debtor. The respondent herein was the decreeholder. A suit in O.S.No. 520 of 1997 filed by the respondent herein was decreed. Thereupon he filed O.E.P.No. 179/98 for recovery of the amount due under the decree and prayed for issuance of arrest of the petitioner herein under Order 21 Rules 37 and 38 C.P.C.2. Initially the ex parte decree was passed. Against the said order, the petitioner herein filed C.R.P.No. 1489/99. This Court had directed the petitioner herein to deposit an amount of Rs. 10.000/- when the above C.R.P., came up for admission before this Court. The said order was passed on 9-4-1999. The petitioner-judgment-debtor could not pay the said amount. Meanwhile the petitioner herein filed E.A.No. 49/99 requesting the Court to set aside the ex parte order passed in O.E.P.No. 179/98. The learned Judge allowed the said E.A., directing the petitioner herein to deposit l/4th of the E.P. amount. Against the said ...
Cheruku Ekambaram and anr. Vs. Smt. Ch. Kalpana and ors.
Court: Andhra Pradesh
Decided on: Aug-13-1999
Reported in: 2000(1)ALT461
ORDERT. Ch. Surya Rao, J.1. The Revision Petitioner assails the order dt. 16-3-1999 passed in I.A.No. 3098/98 in O.S. No. 464/98 alone although a common order has been passed by the Court below in respect of two other Interlocutory Applications also. I.A.No. 3098/98 was filed by the respondents herein seeking a direction from the Court to Central Bank of India, Monda Market Branch, Secunderabad to permit them to withdraw the accrued interest over the amount of Rupees two lakhs lying in deposit with the said Bank. That application having been considered and passed necessary orders under a common order alongwith two other applications, the present Revision Petition has been filed by the petitioners questioning the common order confining themselves to I.A. No. 3098/98 alone. 2. The learned Counsel for the petitioners represented while inviting my attention to the schedule appended to the plaint that the suit was filed for partition of the properties covered by the schedule appended to the...
Mohd. MoinuddIn HussaIn Vs. Income Tax, Officer, Hyd.
Court: Andhra Pradesh
Decided on: Aug-12-1999
Reported in: 2000(3)ALD160; 1999(6)ALT756; [1999]240ITR220(AP)
ORDERP. Venkatarama Reddi, J 1. The petitioner seeks a writ of prohibition directing the respondent from proceedings further with the re-assessment proceeding initiated by him under Section 148 of the Income tax Act (for short 'the Act') in respect of the assessment year 1981-82pursuant to the notice dated 29-3-1989. It is seen from the counter-affidavit filed that the reasons were recorded in the file. It is clarified in the counter that the re-assessment is referable to Section 147(a) of the Act. It is stated in the counter-affidavit that the petitioner failed to disclose the material facts as regards the fair market value of the land as on 1-1-1964 in the course of assessment proceedings under the Act for the year 1981-82 which resulted in under assessment of 'capital gains'. The suppression or failure to disclose the material facts has arisen, according to the department, on account of the fact that the petitioner claimed a fair market value as on 1-1-1964 as the land which was sol...
State of A.P. and Another Vs. Yalla Appalanaidu and Others
Court: Andhra Pradesh
Decided on: Aug-12-1999
Reported in: 1999(5)ALD121; 1999(5)ALT260
ORDER1. This revision petition is directed against the order of the District Judge, Srikakulam dated 4-2-1994 passed in I.A.No.316 of 1995 in un-registered A.S.GR.No.779 of 1994 in which the learned District Judge refused to condone the delay of 3659 days in preferring the appeal.2. The respondent No. 1, who died and whose legal representatives have beenbrought on record as respondents 2 to 7 in this case was the plaintiff in the suit. His suit was decreed against the Government and the Tahsildar who are the petitioners herein on 29-12-1983 by the learned District Munsif (the then), Narasannapeta. An appeal against the said decree was sought to be filed in January, 1994 with a delay of 3659 days and hence a separate petition under Section 5 of the Limitation act was filed for condonation of that delay. The learned District Judge dismissed the said petition and the same is challenged in this revision petition.3. The facts relating to this case may be stated briefly as follows :The petit...
Malla Bhaskara Rao and Others Vs. Konchada Ananda Rao
Court: Andhra Pradesh
Decided on: Aug-12-1999
Reported in: 1999(5)ALD113; 1999(5)ALT236
ORDER1. This revision is directed against the order dated 21-8-1998 of the learned Junior Civil Judge, Sompeta passed in I.A.No.274 of 1998 in O.S.No.40 of 1998. The said I.A. was filed under Order 26, Rule 9 of CPC for appointment of Commissioner which was allowed by the learned junior Civil Judge.2. The respondent (plaintiff) filed the said suit for injunction. The learned Counsel for the petitioners (defendants) challenges the order of the appointment of Commissioner of the trial Judge on three grounds.3. Firstly, it is contended that the Commissioner was appointed at a very preliminary stage of the suit before the trial started and that as held in a decision of this Court in the case of P. Raghu Kumar v. P. Moses, 1985(1) APLJ (SN) 15, that under Order 26, Rule 9 of CPC a Commissioner can be appointed only where the Court deems local investigation to be requisite or proper for the purpose of elucidation of matters in dispute.4. The next contention of the learned Counsel for the pet...
N.T.R. University of Health Sciences, Vijayawada Vs. Nisha A. Shenai a ...
Court: Andhra Pradesh
Decided on: Aug-12-1999
Reported in: 1999(5)ALD512
ORDERP. Venkatarama Reddi, J. 1.These appeals are preferred against the common judgment rendered by the learned single Judge dated 30-3-1999 in WP No.34063 of 1998 and batch of connected writ petitions reported in Nisha A. Shenai v. N.T.R. University, : 1999(3)ALD52 .2. The 1st respondent in each of the writ appeals filed the writ petition questioning the action of the appellant-University in not permitting her/him to appear for the I year MBBS course examination that was held in April, 1999. The writ petitioners in particular assailed the legality of the communication dated 2-11-1998, sent by the Deputy Registrar (Examinations) of the University to the Principals of Medical Colleges in the State informing them as follows :'I am by direction to inform you that the Examinations will be commenced last Monday of April, 1999forthe 1st MBBS students who were admitted in January, 1998 for the academic year 1997-98 Und the students who were admitted into 1st MBBS course later will have examin...