Andhra Pradesh Court August 1999 Judgments
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Purushotham Das and Others Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Aug-11-1999
Reported in: 1999(6)ALD285; 1999(2)ALD(Cri)727; 1999(2)ALT(Cri)400; 1999CriLJ4817
1. Accused Nos.1 to 3 preferred Criminal Appeal No. 181 of 1994,whereas accused Nos.4 to 6 preferred Criminal Appeal No.192 of 1994 against the judgment dated 4-2-1994 in Calender Case No.32 of 1993 on the file of the Additional Sessions Judge, Vizianagaram, wherein the appellants were convicted under Section 8(c) read with Section 29(b)(i) of Narcotic Drugs and Psychotropic Substances Act, 1988 - for short 'the Act', and sentenced them to suffer rigorous imprisonment for five years.2. Since both the appeals are directed against the same judgment, they are disposed of by this common judgment.3. The brief facts of the prosecution case as follows : O 26-9-1993 at about 5.30 a.m., all the accused were found in front of the Casuarina tope of Lankalapalli Papanna near Champavathi River of Nathavalasa junction. The Sub-Inspector of Police, Pusapatirega Police Station found the accused in possession of one plastic bag each in which Ganja was packed with brown and English papers and kept in pl...
New India Assurance Company Limited, Mahaboobnagar Vs. Kistamma and Ot ...
Court: Andhra Pradesh
Decided on: Aug-11-1999
Reported in: 2001ACJ516; 1999(6)ALD712; 1999(6)ALT796
1. This appeal was filed by the New India Assurance Company Limited by its Branch Manager, Mahaboobnagar against the judgment and decree passed in OP No. 67 of 1990 on the file of the Chairman, Motor Accidents Claims Tribunal (for short 'Tribunal') Mahaboobnagar dated 9-9-1992 awarding a compensation of Rs.51,000/- together with interest at the rate of 12% per annum for the death of Venkataiah who was aged about 20 years at the time of accident.2. The learned Counsel for the appellant contended that the award passed by the Tribunal below is illegal on the ground that the deceased was not an employee of the first respondent, who was the owner of the Tractor, which involved in the alleged accident as deposed by him as RW1, and that the deceased was travelling as an unauthorised passenger on the tractor, which is not meant for carrying any passengers. The learned Counsel for the appellant further submitted that the award passed by the Tribunal below is illegal and contrary to the Law laid...
Malla Appa Rao Vs. Commissioner of Income-tax and ors.
Court: Andhra Pradesh
Decided on: Aug-11-1999
Reported in: [2000]244ITR281(AP)
P. Venkatarama Reddi, J. 1. The petitioner has assailed the order dated January 25, 1989, passed by the Commissioner of Income-tax, Visakhapt-nam, rejecting his request for waiver of interest under Section 220(2A) of the Income-tax Act, 1961, for the assessment years 1973-74 and 1979-80. As far as the claim for waiver based on Section 220(2A) is concerned, there is a clear finding to the effect that the petitioner could not establish any genuine hardship in not paying the tax and the said finding cannot be interfered with under article 226 of the Constitution of India. Hence, one of the pre-requisites for granting relief under the said section is not satisfied. At the same time, the petitioner also made a request for waiver of 50 per cent. of interest- under a scheme known as the Time Window Scheme formulated by the Central Board of Direct Taxes on July 5, 1988. As per the scheme, the assessee in whose case certification to the Tax Recovery Officer was sent by March 31, 1986, will be e...
Deputy Secretary, Ministry of Home Affairs Vs. Annaluru Narasimha Rao ...
Court: Andhra Pradesh
Decided on: Aug-11-1999
Reported in: 2000(1)ALT656
ORDERC.V.N. Sastri, J.1. Heard the learned Counsel for both parties. This is an application to condone the delay of 439 days in filing the appeal. The suit is filed by the respondent for declaration that he is a freedom fighter and for arrears of pension, for grant of Acs.5-00 of wet land or Acs.10-00 of dry land and for grant of railway pass along with a companion. It appears that as the defendants failed to put in appearance despite service of notices, the suit was decreed ex parte on 26-12-1997. The petitioner-appellant i.e., the Ministry of Home Affairs, Central Government, New Delhi, who figures as the first defendant in the suit, has filed the present appeal with a petition for condonation of delay stating that on receipt of notice, it addressed the State Government to defend the suit and also sent para-wise remarks for preparing the pleadings. However, the State Government failed to take any action with the result the suit was decreed ex parte. It is further stated that the peti...
Syed RiyazuddIn Vs. A.P.S.R.T.C. and ors.
Court: Andhra Pradesh
Decided on: Aug-11-1999
Reported in: 2000(1)ALT658
ORDERA.S. Bhate, J.1. Heard the learned Counsel for the petitioner and the learned Counsel for the respondents. The writ petition is disposed of at the stage of admission finally. 2. The petitioner's case is that on 16-10-1995 he was granted a licence in respect of Room No. 7 in the commercial complex, Khammam belonging to the respondents, for running his business. Under the said licence a monthly licence fee was to be paid to the respondents and certain other conditions were to be fulfilled. The contention of the petitioner now is that by annexure which was Annexed to the agreement entered into by the parties there was one general term which stated 'contract is given for a period of four years in the initial period and may extended by two more years on an enhanced rent @ 10% on the previous year rent (successive years). 3. Therefore, the contention of the petitioner is that irrespective of the fact that a specific agreement of licence was entered into on 16-10-1995 and in view of the ...
Malla Appa Rao Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Aug-11-1999
Reported in: [1999]107TAXMAN91(AP)
ORDERP. Venkatarama Reddy, J. - The petitioner has assailed the order dated 25-1-1989 passed by the Commissioner, Visakhapatnam, rejecting his rcquest for waiver of interest under section 220(2A) of the Income Tax Act, 1961 for the assessment years 1973-74 and 1979-80. As far as the claim lot waiver based on section 220(2A) is concerned, there is a clear finding to the effect that the petitioner could not establish any genuine hardship in not paying the tax and the said finding cannot be interfered with under article 226 of the Constitution of India. Hence, one of the pre-requisites for granting relief under the said section is not satisfied. At the same time, the petitioner also made a request for waiver of 50 per cent of interest under a scheme known as Time Window Scheme formulated by the CBDT on 5-7-1988. As per the scheme, the assessee in whose case certification to the TRO was sent by 31-3-1986 will be entitled to a rebate of 50 percent of the interest chargeable under section 22...
S. Kesireddy Vs. Managing Director, A.P. State Ware-housing Corporatio ...
Court: Andhra Pradesh
Decided on: Aug-10-1999
Reported in: 1999(5)ALD100; 1999(4)ALT621
ORDER1. The proceedings dated7-12-1990 on the file of the respondent herein purporting to accept the resignation of the petitioner is challenged in this writ petition on various grounds. The petitioner also prays for a declaration declaring that he is entitled to continue in service upto the age of superannuation and further declaration that the action of the respondent in proposing to recover the amount of encashment of leave paid to him from out of his gratuity amount etc., as illegal.2. It may be necessary to notice few relevant facts; The petitioner joined the respondent-Corporation as a Manager. It appears that the post of Managers were split up into various grades after the petitioner joined the services of the Corporation and the petitioner continued as Manager Grade-I. The post is Class I post and all Class 1 posts in the Corporation are Executive posts.3. The petitioner submitted his resignation from the post on 26-9-1990, white he was working as Warehouse Manager Grade I at V...
Vasavi Solvents, Guntakal Vs. Director of A.P. Agricultural Market Com ...
Court: Andhra Pradesh
Decided on: Aug-10-1999
Reported in: 1999(5)ALD63; 1999(4)ALT605
ORDER1. The facts in the writ petition are tell-tale. It is a sad commentary as to how the judicial process can be put to abuse even by those who are not so mighty and powerful. May be lack of interest and tenacity to vigorously pursue the matters by the statutory authorities, is one of the reasons for an interested party to successfully obstruct the legal process. It may be one reason which enables an interested party to successfully jettison the legal process and avoid the liability to pay taxes and fee payable under validly enacted laws. May be the case on hand provides an opportunity for the Court to introspect on the very nature of the judicial process and the need for an intense and close threshold scrutiny of the petitions under Article 226 of the Constitution of India.Over to the facts :2. The matter arises under the A.P. Agricultural (Produce & Live Stock) Markets Act, 1966, (for short 'the Act'). The petitioner, admittedly, is a person licensed under sub-section (2) of Sectio...
Basvani Bhogeswara Rao Vs. Deputy Registrar of Co-operative Societies, ...
Court: Andhra Pradesh
Decided on: Aug-10-1999
Reported in: 1999(5)ALD550
ORDERN.Y. Hanumanthappa, J.1. This writ petition is filed seeking to issue an appropriate order, direction or a writ particularly one in the nature of a writ of mandamus declaring the provisions of Section 21(1-B) of the Andhra Pradesh Cooperative Societies Act, 1964 are not attracted to the case of the petitioner elected as Member of Naganna Cheruvu Mandal Territorial Constituency and also as the President of Chorampudi Primary Agricultural Co-operative Society No.H-1080 Chorampudi village in Bantumilli Mandal of Krishna District and to pass such other order or orders as this Hon'ble Court maydeem fit and proper in the circumstances of the case.2. The petitioner who has been elected as President of the Primary Agricultural Cooperative Society, Chorampudi village was earlier elected as Member of Mandal Territorial Constituency, Nagannacheruvu. Consequent upon his election as President of Primary Agricultural Co-operative Society, Chorampudi village the respondent seems to have intimate...
Tabita Ideal High School and ors. Vs. Government of A.P., Education De ...
Court: Andhra Pradesh
Decided on: Aug-10-1999
Reported in: 1999(6)ALT358
ORDERV. Bhaskara Rao, J.1. These four Writ Petitions are interconnected so much so that the earlier Writ Petition in point of time is Writ Petition No. 19741 of 1988 and subsequent Writ Petitions can be said to be offshoots thereof. As the subject matter is more or less same, they are being disposed of by a common order.W.P.No. 19741 of 1998:2. The Management of the petitioner-school represented by its Headmistress and Correspondent filed this Writ Petition seeking a Writ of Certiorari to call for records in proceedings RC.No. 488/A2/97, dt. 22-11-1998 and consequential proceedings dt. 18-11-1997 of respondent No. 2 and to declare the same as illegal and ultra vires of A.P. Education Act and Rules framed therein.3. The facts and circumstances giving rise to this Writ Petition are that respondent No. 4 has been working as B.Ed. Assistant in the petitioner-school. The Management framed certain charges against her alleging that she was negligent in her duties and committed acts of miscond...