Andhra Pradesh Court March 2000 Judgments
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Asith Kumar Mukherjee and ors. Vs. T.T.K. Pharma Ltd. and anr.
Court: Andhra Pradesh
Decided on: Mar-22-2000
Reported in: 2000(1)ALD(Cri)891; 2000(2)ALD(Cri)198; 2001CriLJ1586
Vaman Rao , J.1. This petition under Section 482 of the Criminal Procedure Code, 1973, seeks quashing of proceedings in C.C. No. 992 of 1998, on the file of the 17th Metropolitan Magistrate, Hyderabad, in which the petitioners as A-4, A-5 and A-6 along with other accused are sought to be prosecuted for an offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter called 'the Act').2. It appears that in connection with supply of pharmaceutical products between the complainant, T.T.K. Pharma Limited and M/s. Targos Pure Drugs Limited certain amount became due and payable by A-1 company. On behalf of the said company a cheque for Rs. 3,06,218.20 was drawn and issued to the complainant, which on presentation was returned on the ground of insufficiency of funds in the account of A-1 company. After issuing the requisite statutory notice as contemplated under the Act, this complaint has been filed.3. Learned Counsel for the petitioners in this case seeks quashing of the pr...
Kanaka Durga Agro Oil Products Limited, Vijayawada Vs. Commercial Tax ...
Court: Andhra Pradesh
Decided on: Mar-21-2000
Reported in: 2000(3)ALD28; 2000(2)ALT624
ORDERP. Venkatarama Reddi, J 1. Inthis writ petition, the order of the Appellate Deputy Commissioner (CT), Vijayawadadated 1-1-2000 rejecting the petitioner's appeal in limine on the ground of delay has been questioned.2. For the assessment year 1995-96, assessment was made by the first respondent on 11-3-1997. The petitioner agreed for the proposed assessment and gave a letter of consent to that effect. Long thereafter, the petitioner filed an appeal against the said assessment order with a delay of 533 days. The contention raised in the appeal was that a turnover of Rs. 76,72,2607- representing the sales of oil extracted from oil cakes was subjected to higher rate of tax unlike oil extracted from oil seeds. Reliance was placed on the decision of this Court in Rajasree Oils and Extractions Limited v. Deputy Commissioner, Nellore, 1998 (27) APSTJ 53, in which Entry 24(a) of Schedule 1 to the APGST Act was declared unconstitutional. The petitioner therefore contended in the grounds of a...
Apsrtc, Mushirabad, Hyderabad Vs. Industrial Tribunal, Hyderabad and O ...
Court: Andhra Pradesh
Decided on: Mar-21-2000
Reported in: 2000(3)ALD66; 2000(2)ALT762; [2000(86)FLR362]; (2000)IILLJ1134AP
ORDER1. In G.O. Rt. No.2084, Women's Development, Child Welfare and Labour (Lab.I) Department, dated 10-8-1990 the 2nd respondent-State Government referred clauses 16 and 17 of the memo of settlement dated 19-10-1985, entered into between the petitioner-APSRTC and the 3rd Union, to the Industrial Tribunal, Hyderabad-II (1st respondent) for its interpretation under Section 36-A of the Industrial Disputes Act, 1947 (for short 'the Act'). The 1st respondent gave its Award dated 29-3-1993 in the matter, in ID 14 of 1992. The petitioner Corporation, aggrieved by the Award, assails the order of the 2nd respondent dated 10-8-1990 referring the matter to the 1st respondent and the Award dated 29-3-1993 of the 1st respondent, in these proceedings.Chronology of facts:(A) A settlement under Section 12 of the Act was reached between the petitioner-Corporation and the 3rd respondent-Union on 9-10-1985 revising the pay and allowances of all employees w.e.f. 1-4-1985. After setting out the general pr...
Ausala Gangadhar and ors. Vs. G. Ganapathi Rao, Special Dy. Collector ...
Court: Andhra Pradesh
Decided on: Mar-21-2000
Reported in: 2000(4)ALT16
ORDERN.Y. Hanumanthappa, J.1. This Contempt Case is filed alleging violation of the order passed by this Court in A.S. No. 2961/19%, dated 23-2-1999.2. Sri. Rajeeva Reddy, learned Counsel for the petitioners submitted that though the State Government acquired the lands of the petitioners long back it has not chosen to pay the compensation to them till now.3. However, Smt J. Vijayalakshmi submits on behalf of the learned Advocate General that if some more time is granted the order of this Court will be complied with.4. It is most unfortunate to find that the State Government has not paid any compensation to the petitioners in spite of acquiring their lands long back and dispossessed them from eking out their livelihood. Time and again it is said that no person can be dispossessed from his land without paying the amount of compensation. But this attitude of the Government in not paying the compensation amount to the petitioners runs contrary to the spirit of the Constitution. Further, in...
Jonnadula Mallikarjuna Rao Vs. Dodda Venkata Subbareddy and anr.
Court: Andhra Pradesh
Decided on: Mar-21-2000
Reported in: 2000(1)ALD(Cri)678; 2001CriLJ2008
ORDERVaman Rao, J.1. Heard.2. This Criminal Petition is filed under Section 482 of Criminal Procedure Code seeks quashing of the order of the III Additional Sessions Judge, Guntur passed in Crl. M.P. No. 387 of 1997 in Crl. A. No. 485 of 1999 dated 23-9-1999 under which the learned Sessions Judge while dealing with the application for suspending the sentence imposed against the petitioner by the trial Court having convicted for offence under Section 138 of Negotiable Instruments Act, directed the petitioner to furnish personal bond of Rs. 10.000/- with two sureties each for a like sum and further directed the petitioner to pay half of the balance of the fine amount of Rs. 65,000/- in two instalments.3. It is this part of the direction requiring the petitioner to deposit half of the fine amount of Rs. 65.000/- in two instalments as a condition for suspending the sentence imposed by the Court below, which is now sought to be questioned in this petition.4. The facts germane to this petiti...
Sree Rayalaseema Paper Mills Ltd., Hyd Vs. Appellate Authority for Ind ...
Court: Andhra Pradesh
Decided on: Mar-16-2000
Reported in: 2000(2)ALD789; [2000]100CompCas716(AP)
ORDER1. This writ petition has been filed seeking a writ of certiorari challenging the orders of the Appellate Authority for Industrial and Financial Reconstruction, New Delhi, dated 16-12-1999 admitting Appeal No.166 of 1999 filed by respondent Nos.3 to 15 herein and granting stay and the order dated 20-1-2000 rejecting the objections raised by the writ petitioner.2. The facts leading to the filing of the present writ petition are set out ashereunder:The writ petitioner is a company incorporated on 20-8-1974 in Kurnool Town in Andhra Pradesh and the company did well till 1985 and on account of financial crunch it was closed down by the end of 1989 and the company was declared as a 'sick company' by the Board for Industrial and Financial Reconstruction ('BIFR' for short) under Section 15 of the Sick Industrial Companies (Special Provisions) Act, 1985 (Act 1 of 1986) (for short 'Act 1 of 1986'). BIFR appointed IDBI as the operating agency for the purpose of revival of the company.IDBI t...
S.S. Narayana Vs. Regional Manager, Apsrtc, Adilabad
Court: Andhra Pradesh
Decided on: Mar-16-2000
Reported in: 2000(3)ALD13; 2000(2)ALT566
ORDER1. The petitioner joined the service of the APSRTC as Driver on 3-2-1984. While serving as Driver, the third respondent-disciplinary authority conducted disciplinary enquiry against the petitioner on the alleged misconduct in terms of APSRTC CCA Regulations and he was found to be guilty of the charges levelled against him. On that count, the petitioner was removed from service as a disciplinary measure with effect from 13-5-1988. The petitioner instituted ID No.468 of 1990 in the Labour Court, Godavarikhani. The Labour Court passed award on 14-8-1991, directing reinstatement of the petitioner into service with 'nominal continuity of service without any attendant benefits' and denied back wages. The award passed by the Labour Court has become final. As directed by the Labour Court, the petitioner was reinstated into service on 25-1-1992. In the meanwhile, before the petitioner was removed from service as a disciplinary measure on 13-5-1988, the second respondent had issued proceedi...
S.J. Narayana Jana Deo Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Mar-16-2000
Reported in: 2000(2)ALD781; 2000(3)ALT87
ORDERP. Venkatarama Reddi, J.1. The petitioner who is a retired District and Sessions Judge has filed this writ petition to direct the respondents to fix the pension at Rs.1,340/- instead of Rs.1,114/- (as fixed in G.O. Ms. No.77, GAD, dated 22-2-1993), by granting service benefits in accordance with the judgment of this Court in Writ Petition No.5306 of 1981, dated 25-4-1985 and the consequential order passed by the Government in G.O. Rt. No.1593, Home (Courts-C) Department, dated 18-7-1988. The petitioner has also questioned G.O. Ms. No.207, GAD (SCF), dated 10-4-1994 ordering recovery of a sum of Rs.84,023/-with interest at 12% per annum drawn by the petitioner on 9-8-1989 towards arrears of pay. The said amount was directed to be recovered from the DCRG and relief on pension payable to the petitioner.2. The petitioner was selected as District Munsif by direct recruitment in theselections held in the year 1973 against an open competition vacancy. He was at Serial No. 159 in the seni...
P. Srinivasulu Vs. Registrar (Adminstration), High Court of A.P., Hyd.
Court: Andhra Pradesh
Decided on: Mar-16-2000
Reported in: 2000(2)ALD759; 2000(2)ALT522
ORDERP. Venkatarama Reddi, J.1. The petitioner who was a Munsif Magistrate (present designation being Junior Civil Judge) prays for issuance of the writ to quash the order of the High Court in Roc.No.367/91/B.Spl.(SC), dated 20-2-1995. Disciplinary enquiry was initiated against the petitioner by the High Court into various charges of misconduct and judicial impropriety against the petitioner. Based on the report of the Enquiry Officer viz., II Additional District Judge, Guntur, the High Court passed the impugned order imposing the punishment of withholding the promotion for five years, The suspension was revoked by the same order and the petitioner was put back to duty. The EO held that the charge No. 1 and additional charge No.2 were proved to the extent that the Charged Officer disposed of several criminal cases pertaining to the Courts of which he was placed incharge despite the warning issued by the District Judge in his communication dated 15-5-1991 marked as Ex.P49. Charge No.2(i...
M. Sreeramulu Vs. Tahera Yousuf Kadri
Court: Andhra Pradesh
Decided on: Mar-16-2000
Reported in: 2000(3)ALD173; 2000(2)ALT727
ORDERM.S. Liberhan, C.J. 1. Briefly undisputed sequence of events to answer the question referred to Full Bench are:The construction of the demised premises occupied by the appellant (hereinafter referred to as 'tenant') would be deemed to be complete on 1-1-1972 as defined under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as 'the Act'), as the tenant occupied the same on this date. Suit for possession and mesne profits was instituted on 30-11 -1981 by the respondent (hereinafter referred to as 'landlord'). The Supreme Court in Motor General Traders v. State of Andhra Pradesh, AIR 1984 SC 121, vide its order dated 26-10-1983 declared Section 32(b) of the Act granting exemption to the newly constructed buildings from the applicability of the Act as ultra vires.2. The trial Court dismissed the suit, holding, it not maintainable, in view of Section 32(b) of the Act, providing for exemption from the applicability of the Act to the newl...
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