Andhra Pradesh Court March 2000 Judgments
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Hitesh Narendra Doshi Vs. Jesal Hitesh Doshi
Court: Andhra Pradesh
Decided on: Mar-24-2000
Reported in: 2000(3)ALD81; 2000(2)ALT609
ORDERB. Subhashan Reddy, J.1. This revision is directed against the order dated 4-8-1999 passed by the Family Court,Hyderabad in IA (SR) No.2876 of 1999 in OPNo.433of 1999.2. The matter arises under the Hindu Marriage Act, 1955. The marriage between the parties was solemnised on 7-6-1993 according to Hindu rites. But strain developed in the relationship in the year 1995 and they have been living separately since then and finding that the marriage is incompatible, they had invoked Section 13-B(2) of Hindu Marriage Act, 1955 seeking divorce by mutual consent and filed a petition to that effect in the Family Court, Hyderabad on 5-7-1999. They have filed an application seeking dispensing with the mandatory six months time wait on the ground that after dissolving the marriage, both the parties want to engage themselves in future activities by going to foreign countries. But, the said plea of dispensing with the mandatory period of six months was negatived by the Court below basing on the Di...
S. Gopinath Pillai and Others Vs. Karamsetti Venkateswarlu and Another
Court: Andhra Pradesh
Decided on: Mar-24-2000
Reported in: 2000(3)ALD243; 2000(3)ALT75
1. The CRP is filed assailing the Order of the learned Rent Controller Appellate Authority-cum-Senior Civil Judge, Nellore in CMA No.14 of 1992 affirming the Order of the learned Rent Controller-cum-District Munsif in RCC No.44 of 1985 dated 14-9-1992.2. The petitioners are the tenants. The respondent-land lord tiled petition for eviction ill RCC No.44 of 1985 on the ground of wilful default, bona fide requirement and that the tenant committed acts of damage which materially affected the utility of the premises.3. Before the lower Court it is the case of the respondents-landlords that the premises which is the petition schedule property fell to their share in a partnership dissolution proceedings in the year 1970. Subsequently, in 1971, they constructed the buildings and installed machinery in the premises for running a sawmill. But, however, the same was let out to the 1st respondent-tenant in the year 1976, for the purpose of running the mill, on a monthly rent of Rs.700/-. The tenan...
Patel Desai and Co., Secunderabad Vs. Asst. Commissioner of Income Tax ...
Court: Andhra Pradesh
Decided on: Mar-24-2000
Reported in: 2000(3)ALD274; (2000)165CTR(AP)655; [2000]243ITR689(AP)
ORDERP. Venkatarama Reddi, J 1. The petitioners in these two writ petitions seek issuance of writ of certiorari to quash the order of the Settlement Commission dated 17-6-1992 insofar as it relates to the Assessment year 1984-85 and its decision on the question of admissibility of development expenditure of Rs.3,44,817/-. Both the petitioners are allied firms.2. Among the various items dealt with by the Settlement Commission, the transaction relating to Rasoolpura property is one. The owners of the plot entered into an agreement with the petitioners, according to which the petitioners were allowed to develop the plot and to construct the buildings and the petitioners were authorised to let out the buildings during the period of agreement which is stipulated to be 11 years from 1-1-1984. The terms and conditionsof the agreement have been adverted to by the Settlement Commission. According to the said terms, the cost of construction shall be borne by the petitioners; however such constru...
Shaik Ghouse Mohammed, Presiding Officer, Labour Court-ii, Hyd. Vs. Hi ...
Court: Andhra Pradesh
Decided on: Mar-24-2000
Reported in: 2000(3)ALD229; 2000(3)ALT445
ORDERP. Venkatarama Reddi, J 1. The petitioner who has since retired from service as District and Sessions Judge, Grade II deployed as Presiding Officer, Labour Court II at the time of filing the writ petition, has questioned the action of the respondents in not promoting him to the post of District and Sessions Judge, Grade I. He seeks a direction to promote him as Grade I District Judge with effect from 30-3-1993 i.e., the date on which the G.O. No.193 (General Admn. (SC-F)) was issued promoting certain Grade II District Judges -both seniors and juniors to the petitioner as Grade I District Judges. The names of so many officers of the rank of District Judge, Grade II came up for consideration before the First Committee consisting of senior Judges of the High Court. The relevant material viz., assessment of qualitative and quantitative performance of the Officers for the preceding years upto 1990 (?) and the remarks of Hon'ble Judges in the Annual Confidential Reports were placed befo...
P.S. Bhramaramba Devi Vs. Registrar, Nagarjuna University, Guntur and ...
Court: Andhra Pradesh
Decided on: Mar-24-2000
Reported in: 2000(3)ALD635; 2000(3)ALT167
ORDER1. The vindictive attitude of the members of the enquiry committe, constituted by the Vice-Chancellor of the respondent-Nagarjuna University to enquire into the alleged incident that has taken place in the University campus on 11-9-1994, who are compared next to theGod, spoiled bright career of a student and she has to fight the litigation for nothing for six long years. The entire teaching community has to bow its head in shame the way in which the members of the committee conducted themselves in ruining the career of a student.2. The facts leading to filing of these writ petitions are that the petitioner while studying 2nd year law in Nagarjuna University during the academic year 1994-95, one Jayalakshmi, a co-student of the petitioner, was admitted into the University Health Centre with abdomen pain. When the petitioner and some other students had been to the University Health Centre on the question whether the patient has to be referred to Guntur General Hospital or not, an al...
Vadlamudi Rama Rao Vs. Asian Coffee Ltd., Sec'bad
Court: Andhra Pradesh
Decided on: Mar-24-2000
Reported in: 2000(3)ALD600; 2000(3)ALT371
ORDERP. Venkatarama Reddi, J. 1. This group of appeals arise out of the judgment rendered by learned Company Judge allowing the CP No.199 of 1998 and dismissing the Company Applications Nos.674, 686, 687 and 688 of 1998. The main petition in CP No.199 of 1998 was filed by Asian Coffee Limited (hereinafter referred to as 'ACL')-a public limited Company, under Section 394 read with Section 391(2) praying for approval of the scheme of amalgamation with Consolidated Coffee Limiled (hereinafter referred to as 'CCL') which is also a public limited Company. The applications mentioned above were filed by various shareholders of the Company, the chief amongst them being the applicant in CA No.674 of 1998. He holds 60,764 shares as against the nominal shares of 48, 24 and 89 held by the other three applicants. The applicants prayed the Court not to confirm the Scheme of Amalgamation at the proposed exchange ratio and to direct the respondent Company-ACL to work out the share exchange ratio based...
Sporolac Laboratories (P) Ltd. Vs. A.P. State Financial Corporation an ...
Court: Andhra Pradesh
Decided on: Mar-24-2000
Reported in: 2000(3)ALD615; 2000(3)ALT352
ORDER1. This is an application under Sections 441 and 537 of the Companies Act, 1956 by the Official Liquidator with the prayer as follows :(a) kindly consider and pass appropriate orders declaring the sale of assets conducted by the Andhra Pradesh State Financial Corporation as null and void. (b) direct the APSFC, the respondent No.1 herein to deposit the sale proceeds of Rs.50.50 lakhs with the OfficialLiquidator immediately. (c) Direct the APSFC, respondent No.1 herein to furnish a copy of panchanama prepared at the time of taking possession of the assets of the company and also a list of assets disposed off by it and also a list of assets if any remaining in their hands unsold. 2. The facts leading to filing of the present application are:The Company called as M/s. Sporolac Laboratories Private Limited was directed to be wound up by this Court by order dated 23-7-1998 in Company Petition No.22 of 1996, which was filed by M/s. Biotech Pharms (P) Limited. The Official Liquidator atta...
Ch. Venkataratnam Vs. Andhra Pradesh Transmission Corporation, Hyd. an ...
Court: Andhra Pradesh
Decided on: Mar-23-2000
Reported in: 2000(3)ALD234
ORDER1. This writ petition is filed by the petitioner assailing the orders of the Andhra Pradesh State Electricity Board in letter No.SE-OOGLP and FJAOD873 of 1999 dated 30-1-1999 in which the respondent Board has asked the petitioner to send his consent letters in triplicate, towards recoverable amount of Rs.2,11,5470.75 Ps. which had been furnished in LPC/NDC,while submitting his pension proposals to the Board. By the impugned letter it was informed to the petitioner that the said amount of recovery will be effected from his terminal benefits i.e., arrears of pension/ Gratuity/Commuted value of pension in terms of the judgment dated 18-8-1998 of the High Court in WP No.17665 of 1988.2. The petitioner has worked as an Additional Assistant Engineer and retired from service on attaining superannuation with effect from 30-6-1996. While he was in service, the Divisional Engineer, Electrical Operations. Markapur through a Memo No.DEE/O/MRKyADM/Ul/DNo.2495 of 1986, dated 10-6-1986 informed ...
Janachaitanya Housing (P.) Ltd. Vs. Smt. P. Surya Kumari and ors.
Court: Andhra Pradesh
Decided on: Mar-23-2000
Reported in: 2000(1)ALD(Cri)791; 2000(1)ALT(Cri)557; 2000CriLJ4119
Vaman Rao, J. 1. Heard both the sides.2. This petition under Section 482 of the Criminal Procedure Code, 1973, seeks quashing of proceedings in C. C. No. 381 of 1998, on the file of the Third Additional Judicial First Class Magistrate, Kakinada, in which the petitioner-company is sought to be prosecuted for the offence under Section 138 of the Negotiable Instruments Act, 1881.3. The brief facts leading to this petition may be stated as follows :Accused No. 1 (petitioner herein)--the Janachaitanya Housing (Pvt.) Limited has offered to sell their plots to public. The complainant (respondent No. 1 herein) joined as a member in that scheme and booked two plots and paid Rs. 30,400 towards initial payment and agreed to pay the balance amount in instalments as fixed by the company. Subsequently, due to financial difficulties, the complainant could not pay the instalments and she approached the housing company on May 15, 1998, expressing her inability to pay the future instalments and requeste...
C. Shiva Kumari Vs. Director, Vacation Courses in Education, Institute ...
Court: Andhra Pradesh
Decided on: Mar-22-2000
Reported in: 2000(3)ALD193
ORDER1. These four writ petitions can conveniently be disposed of by a common order as common question arises for consideration.2. The respondent, Director, Vacation courses in Education, Institute of Advanced study in Education, Osmania University, Hyderabad, issued a notification in November, 1999 inviting applications for appearing in the entrance test for B.Ed., Vacation course, known as B.Ed., VCE-1999-2000, from eligible candidates who are in service and completed two years of regular service as full time teachers. The entrance test was to be held on 23-1-2000. The petitioners in WP Nos.538. 530 and 565 are graduates in arts having less than 45% average marks in the degree examination. They are working as regular teachers in various private aided/un-aided schools. The petitioner in WP No.643 of 2000 is also a graduate working as regular teacher and she has 44.85%. All of them are aggrieved by the Notification issued by the respondent insofar as the same makes the BA/B.Sc.,/B.Com/...
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