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Andhra Pradesh Court August 1999 Judgments

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Aug 05 1999

Shadul Mohd. Vs. Collector and District Magistrate, Medak District and ...

Court: Andhra Pradesh

Decided on: Aug-05-1999

Reported in: 1999(5)ALD194; 1999(5)ALT111; 1999CriLJ4215

ORDERGulam Mohammed, J1. This writ petition is filed praying for a writ of habeas corpus declaring the action of the first respondent in his proceedings Ref. No.C1/431/M/99, dated 10-6-1999 detaining Mohammed Sahem S/o. Sirajuddin under Section 3(2)(a) read with 3(1)(a) of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act of 1980 as illegal and to direct the respondents to produce the detenu before this Court and for his release.2. The Collector and District Magistrate, Medak at Sangareddy, i.e., first respondent herein in 10-6-1999 vide reference No. C1/431/M/99 in exercise of powers vested to him under Section 3(2)(a) read with Section 3(1)(a) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 passed an order of detention of one Mohammed Saleem S/o. Mohammed Sirajuddin and directed that he should be detained from the date of service of the order and to be lodged at the District Jail, Secunderabad.3....


Aug 05 1999

Agricultural Market Committee Vs. Mandal Revenue Officer, Chittoor and ...

Court: Andhra Pradesh

Decided on: Aug-05-1999

Reported in: 1999(6)ALD344; 1999(6)ALT49

ORDERP. Venkatarama Reddi, J.1. In this batch of writ petitions, the petitionerswhich are Agricultural Market Committees constituted under the provisions of the A.P. (Agricultural Produce and Live-stock) Markets Act, 1966, hereinafter referred to as the 'Markets Act' have questioned the demand notices issued either by the Mandal Revenue Officer or the Mandal Revenue Inspector under the provisions of the A.P. Non-Agricultural Land Assessment Act, 1963, herein after referred to as 'NALA Act'. The tax demanded pertains to several years/faslies. In almost all the cases, notices demanding the tax were straight-away issued without issuing show cause notice or without holding any enquiry as contemplated by the A.P. Non-Agricultural Land Assessment Rules. In some of the cases, the notices issued demanding the tax arc so bald that even the extent of land on which the assessment is made is not furnished. The petitioners made representations either to the Mandal Revenue Officer concerned or in so...


Aug 05 1999

S.P.T.R.M. High School Vs. Director of School Education and ors.

Court: Andhra Pradesh

Decided on: Aug-05-1999

Reported in: AIR2000AP3

ORDERB.S.A. Swamy, J.1. Aggrieved by the inaction on the part of the second respondent in not approving the correspondentship of the petitioner in place of the erstwhile correspondent Sri R. K. R. Byra, who seems to have resigned consequent on his getting a Government job, the present writ petition is filed.2. The learned Government Pleader on the basis of the instructions submits that the Management of the School did not forward the resolution adopted by the Managing Committee and also in the letter written by the Correspondent, he sought for transfer of Correspondentship from the erstwhile Correspondent to him, which is not in accordance with the provisions of the Act. Hence, the request of the petitioner was not considered.3. I find some force in the contention of the learned Government Pleader. Under Section 24 of the A. P. Education Act, every institution shall have a Managing Committee to manage the affairs of the school and under Section 24(2) of the Act, the Managing Committee ...


Aug 05 1999

K. Digamber Vs. Commercial Tax Officer and anr.

Court: Andhra Pradesh

Decided on: Aug-05-1999

Reported in: [2000]118STC104(AP)

P. Venkatarama Reddi, J. 1. Heard both the counsel at the stage of admission.2. The petitioner, who is a registered dealer doing business in jaggery, etc., questions the action of the first respondent in issuing notices dated June 30, 1999 and July 17, 1999 to the second respondent-bank to stop the transactions in the account held by the petitioner and to hold up the money of Goutham Traders of which the petitioner is the proprietor till the final assessment proceedings are issued.3. In the first communication, the first respondent stated that on inspection of the business premises on the same day, certain incriminating material showing prima facie tax evasion were seized and therefore, 'on good interest of Government revenue', the transactions in the Account No. 1927 shall be stopped till further proceedings are issued by him. To say the least, this is an extraordinary order. The respondent assumed to himself powers which the Act or the Rules under which he is functioning does not con...


Aug 05 1999

B. Guramma and anr. Vs. Managing Director, Apsrtc

Court: Andhra Pradesh

Decided on: Aug-05-1999

Reported in: II(2000)ACC496; 2000(1)ALT641

Elipe Dharma Rao, J.1. This Civil Miscellaneous Appeal was filed aggrieved by the Award Dt. 18-9-1992 in O.P. No. 21 of 1991 on the file of the Chairman (Dist. Judge), Motor Accident Claims Tribunal, Mahbubnagar, by the claimants-petitioners, for the untimely death of the deceased B. Thirupathaiah, husband of the first appellant and father of the second appellant. 2. The brief facts of the case are as follows: That on 23-11-1990 at about 5-00 p.m the deceased went to vegetable market for purchasing vegetables and after such purchase, he was returning to his hotel on his cycle and at about 6-15 p.m. when he was proceeding in front of D.C.C. Bank on left side of the road, near Modern High School, a RTC bus bearing No. AAZ-8414 driven by its driver in a rash and negligent manner dashed the cyclist due to which he fell down and sustained multiple injuries and he was shifted to Govt. Hospital, Mahbubnagar where he succumbed to the injuries at 7.00 p.m. on the same day. It is stated in the p...


Aug 05 1999

B. Guramma and anr. Vs. Managing Director, Andhra Pradesh State Road T ...

Court: Andhra Pradesh

Decided on: Aug-05-1999

Reported in: 2000ACJ937

Elipe Dharma Rao, J.1. This civil miscellaneous appeal was filed aggrieved by the award dated 18.9.92 in O.P. No. 21 of 1991 on the file of the Chairman (Distt. Judge), Motor Accidents Claims Tribunal, Mahbubnagar, by the claimants-petitioners for the untimely death of the deceased B. Thirupathaiah, husband of the appellant No. 1 and father of the appellant No. 2.2. The brief facts of the case are as follows:That on 23.11.1990 at about 5.00 p.m. the deceased went to the vegetable market for purchasing vegetables and after such purchase, he was returning to his hotel on his cycle and at about 6.15 p.m. when he was proceeding in front of D.C.C. Bank on left side of the road, near Modern High School, a RTC bus bearing No. AAZ 8414 driven by its driver in a rash and negligent manner dashed the cyclist due to which he fell down and sustained multiple injuries and he was shifted to Government Hospital, Mahbubnagar where he succumbed to the injuries at 7.00 p.m. on the same day. It is stated ...


Aug 04 1999

Chamatla Narasimha @ Yadagiri Narasimha Vs. State of Andhra Pradesh an ...

Court: Andhra Pradesh

Decided on: Aug-04-1999

Reported in: 1999(5)ALD294; 1999(2)ALD(Cri)432; 1999(2)ALT(Cri)258

ORDER1. This petition under Section 482 Criminal Procedure Code has been filed for quashing the proceedings in Cr.No. 169/98 registered for the offences under Sections 419, 420 and 468 IPC of Police Station, Saroornagar. It is informed that subsequently charge-sheet has also been filed after investigating into the said crime.2. The relevant facts may be stated briefly as follows :The petitioner-accused has been working as an Attendar in Andhra Bank from 1983. In April, 1998, an anonymous application was received by the Andhra Bank Head Office, Vigilance Department at Hyderabad. The copies of which were also marked to the Superintendent of Police, RangareddyDistrict and several others. On 13-4-98 the Sub-Inspector of Police, Saroornagar police Station, received a copy of that complaint with the endorsement of the Superintendent of Police for registering a case. On the basis of this complaint a case in Cr.No.169/98 mentioned above was registered at the said Police Station on that very da...


Aug 04 1999

V. Satyanarayan Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Aug-04-1999

Reported in: 1999(5)ALD272; 2000CriLJ605

ORDER1. This criminal petition raises an important question whether by virtue of powers under Section 438(2) of Cr.PC, the Court can impose any conditions not related to the conditions mentioned in sub-clauses (i), (ii) and (iv) of sub-section (2) of Section 438 of Criminal Procedure Code, 1973.2. The facts are that the petitioner herein was accused of offences under Sections 39 and 44 of Indian Electricity Act in Crime No.13 of 1999 of Visakhapatnam P.S. of A.P.T.S. He made an application under Section 438 of Cr.PC for anticipatory bail. The learned IV Addl. Sessions Judge, Visakhapatnam passed a direction under Section 438 of Cr.PC that in the event of the arrest of the petitioner by the Inspector of Police, Vigilance and A.P.T.S., APSE Board, Visakhapatnam, he shall be released on bail on his executing a person bond in a sum of Rs.10,000/-. In the same order, the learned Judge also directed as a condition to deposit on amount of Rs.55,491/-in the office of the Asst. Divisional Engin...


Aug 04 1999

B. Chennakrishna Reddy and Others Vs. Karnati Ramakrishnaiah

Court: Andhra Pradesh

Decided on: Aug-04-1999

Reported in: 1999(5)ALD366; 1999(5)ALT643

ORDER1. This appeal is filed by the plaintiffs aggrieved by the judgment and decree passed by the Principal District Munsif, Proddatur in OS SR No.704 of 1993 dated 7-6-1993 as confirmed by the Sub-Judge, Proddatur in AS No.6 of 1993 dated 16-12-1996 wherein the request of the appellants herein for amendment of the plaint by filing IA No.80 of 1995 was also turned down.2. The question that arises for consideration in this appeal would be the right of a cultivating tenant over the land on which he was the tenant to purchase the same when the landlord intends to sell, under Section 15 of the Andhra Pradesh Tenancy Act, 1956 (for short 'the Act') introduced by Section 12 of the Amendment Act 39 of 1974. The predecessor in title of the appellants before this Court was the cultivating tenant of the suit schedule land and some dispute seems to have arisen between the landlord and the tenant in the year 1988. Then, both the parties approached the Tenancy Court by filing applications-one by th...


Aug 04 1999

M.P. Obanna and Others Vs. K.B. Anjaneyulu and Others

Court: Andhra Pradesh

Decided on: Aug-04-1999

Reported in: 1999(5)ALD597; 1999(5)ALT414

1. The appellants are defendants in the trial Court. They have challenged the judgment and decree of the District Judge, Anantapur, dated 19-2-1988 passed in AS 137 of 1982. By the impugned judgment and decree, the appellate Court set aside the judgment and decree of the District Munsif, Rayadurg, dated 31-3-1982 passed in OS 40 of 1981 and consequently decreed the plaintiffs suit for partition and for separate possession. It is in these circumstances, the defendants have approached this Court. I will be referring to the parties as per the ranking assigned in the trial Court.2. Learned Counsel, appearing for the appellant, strenuously submitted that the impugned judgment and decree are liable to be set aside, both on question of fact and law. He further submitted that the plaintiff could not derive any title to the property after the death of her father Obanna (alias Obulesappa) in the year 1941. He further submitted that wife of Obanna by name Nagamma also admittedly died in the year ...


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