Andhra Pradesh Court April 2000 Judgments
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B. Ramadevi Vs. Apsrtc and Another
Court: Andhra Pradesh
Decided on: Apr-27-2000
Reported in: 2000(4)ALD50; 2000(3)ALT729
ORDER1. The respondents issued a notification on 8-2-2000 calling for applications for making available the buses to APSRTC on hire. The tender schedules were required to be filed by 28th February, 2000, they were to be opened at 2.00 p.m. on the same day. The petitioner had booked for a new chassis with Automotive Manufacturers Limited by depositing Rs.5,87,360/- under demand draft dated 17-2-2000. According to him, although he had booked new vehicle he purchased a 1999 model Leyland bus with No. APO 2U 999 from Sri Srinivasulu, bus owner, Ananthapur under sale agreement and produced the original registration certificate together with sale agreement on 28th February, 2000 when the selection was being made. The petitioner's case was considered and he was allotted the route he had applied for and an order was passed on 28th February, 2000. He was advised to produce the bus on 13th March, 2000 for operation. This letter reads as under:'You are requested to produce the Registration Certif...
Mahendrawada Vyavasaya Karmika Sangham Vs. Satti Venkata Reddy and Ano ...
Court: Andhra Pradesh
Decided on: Apr-27-2000
Reported in: 2000(4)ALD91; 2000(3)ALT703
ORDERP. Venkatarama Reddi, J.1. Noticing conflict of views in two Division Bench decisions in S. Narayana v. Stale of A.P., 1990 (1) ALT 237 and Y. Subba Reddy v. Commissioner of Endowments, : 1998(1)ALT579 , the learned Judges who initially heard the appeals directed the Registrar to place the papers before the Hon'ble Chief Justice for 'constituting an appropriate Bench'. The learned Chief Justice in turn has directed the cases to be placed before this Full Bench. Accordingly, the appeals have come up before us.2. The question posed by the learned Judges of the Division Bench at whose instance, the matter has been referred tothe Full Bench is 'Whether Section 75 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 prevails over the Andhra Tenancy Act or whether it is subject to the provisions of Andhra Tenancy Act ?'' The question as formulated above does not strictly arise in the instant case as we shall point out later. At the same time, we deem it neces...
Government of A.P. and Others Vs. A.V. Papayya Sastry and Others
Court: Andhra Pradesh
Decided on: Apr-27-2000
Reported in: 2000(4)ALD191; 2000(4)ALT69
ORDERP. Venkatarama Reddi, J 1. These writ appeals by the State Government (Revenue Department) and by Visakhapatnam Port Trust are preferred against two separate judgments of the learned single Judge in Writ Petition No.3102 of 1995 and WP No.11754 of 1994. Writ Appeal Nos.109 and 479 of 1997 are preferred against the judgment in Writ Petition No.3102 of 1995 and the remaining two writ appeals arise out of the order in WP No.11754 of 1994. WP No.11754 of 1994 was filed by the respondents 1 to 7 herein who claim to be having right and interest over the land in S. No.3/1, 3/2 and 4 of Kancherlapalem (extension) village within the municipal limits of Visakhapatnam. They sought for a direction to the Land Acquisition Officer to pass an award in pursuance of the notification dated 17-5-1991 issued under Section 4(1) of the Land Acquisition Act. WP No.3102 of 1995 was filed by the same parties seeking a writ of Certiorari to quash the order of the Government in G.O. Ms. No.21 (Revenue UC-1)...
K.B. Siddappa Vs. Government of A.P., and Others
Court: Andhra Pradesh
Decided on: Apr-27-2000
Reported in: 2000(4)ALD117; 2000(3)ALT580
ORDERP. Venkatarama Reddi, J.1. The petitioner who was District and Sessions Judge, Gr.II at the relevant point of time worked as Chairman, Industrial Tribunal, Hyderabad during the period 8-6-1990 to 11-3-1992. The appointment was made by the Government under Section 7 of the Industrial Disputes Act on the basis of the proposals sent up by the High Court. While working as Chairman, Industrial Tribunal, the petitioner got promotion as District and Sessions Judge, Gr.I with effect from 7-3-1991. In the revised pay scales of 1986, the post of Chairman, Industrial Tribunal was assigned the revised pay scale of Rs.5,000/- to Rs.6,200/- as against theexisting scale of Rs.2.500/- to Rs.2,700/-. The said pay scale is the same as applicable to DJ, Gr.I. A special pay of Rs.250/- was also payable under [he revised pay scales. The District and Sessions Judge, Gr.II were given the pay scale of Rs.3,580/- to Rs.5,380/- as against the former pay scale of Rs.1,800/- to Rs.2,500/-. As the Gr.II DJs a...
Hans Raj Agarwal Vs. Appropriate Authority
Court: Andhra Pradesh
Decided on: Apr-27-2000
Reported in: (2001)165CTR(AP)329; [2000]111TAXMAN412(AP)
Venkatarama Reddi, J. The impugned order passed in exercise of the powers vested in Appropriate Authority under section 269UD(1) of the Income Tax Act, 1961 Income Tax Act directs pre-emptive purchase of the properly belonging to the Estate of late Mrs. Leila D. Lein and the payment by the Central Government by way of consideration of a sum of Rs. 14,19,2 10. The payment already made to the 5th respondent who is the Attorney of the Estate of late Mrs. Leila D. Lein on 12-10-1990, was treated as payment as per the order. It was recorded in the impugned order that the possession has already been handed over to the Income-tax department on 9-10-1989 by the G.P.A. of the transferor. Hence, 1t is only reiterated that the property vests with the Central Government free from all encumbrances'. In the Schedule 1 to the impugned order, the description is given as 1/3rd share/interest in the property known as Lilazar bearing No. 8-2-349, Road No. 3, Banjara Hills, Hyderabad, with the boundaries ...
B. Balraj Vs. Andhra Pradesh State Road Tansport Corporation and Anoth ...
Court: Andhra Pradesh
Decided on: Apr-26-2000
Reported in: 2000(4)ALD47; 2000(3)ALT733
ORDER1. Heard the learned Counsel for the parties. Notice had been issued. Counter has been filed. With the consent of the parties the petition is decided at this stage.2. The petitioner was selected after a process of selection for the post of Driver and a notification regarding his selection was issued on 6-8-1997. Almost three years have passed but the petitioner has not been appointed. The petitioner states that after he was selected he was asked to report to the office of the Regional Manager by 2nd respondent on 17th January, 1998 with the following documents:(1) Original Educational qualifications (2) Original Driving licence renewed upto date (3) Original caste certificate issued by the MRO (4) Original Employment registered card. 3. He was also asked to submit 6 attested passport size photos. He reported on the due date with the requisite documents but he was not given the appointment. The second respondent however informed himon 8th June, 1999 that Regional Transport Autho...
Krishna Ceramics and Refractories, Rajahmundry Vs. K.V. Narayana and O ...
Court: Andhra Pradesh
Decided on: Apr-26-2000
Reported in: 2000(4)ALD121; 2000(3)ALT562
1. The defendant No.1, the appellant herein, challenges the judgment and decree in OS No. 132 of 1983 dated 25-4-1986 on the file of the Subordinate Judge at Rajahmundry wherein the suit seeking a declaration that the first defendant and not the plaintiff which is liable to pay the amount of Rs.36,074-48 under a demand towards dues by the authorities under mining lease with interest and for granting a permanent injunction restraining the first defendant from operating Bommur and Konda Guntur fire clay mines of the plaintiff was decreed.2. As per the plaint, the plaintiff is the lessor and the defendant No.1, is the lessee in pursuance of a lease agreement dated 31-5-1978 for a period of five years commencing from 16-6-1978 to 15-6-1983 and the defendant No. 1 has taken over the leasehold interest in respect of the manufacture of ceramics and potteries and fire bricks etc. The plaintiff had a lease in the Bommur fire clay mine in RS No.40 measuring Ac.5.00 from the second defendant, the...
M. Bagi Reddy and Another Vs. T. Krishna Reddy and Others
Court: Andhra Pradesh
Decided on: Apr-26-2000
Reported in: 2000(4)ALD360; 2000(4)ALT235
1. This second appeal and civil revision petition are being disposed of by a common judgment as they relate to the self-same property and the parties are common.2. The civil revision petition is directed against the Order dated 19-6-1995 passed by the Joint Collector, Ranga Reddy District dismissing the appeal filed by the petitioners questioning the order of the Revenue Divisional Officer, Chevelladated 14-9-1988 by which the RDO issued a revised ownership certificate under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 in favour of the respondents in respect of the subject land. It may be mentioned that though the said certificate comprises several survey numbers, the dispute in the present proceedings relates to only an extent of 30 guntas out of a total extent of Ac.9-28 guntas in survey number 357 of Ahval village, Matkajgiri Mandal, Ranga Reddy district.3. The second appeal arises out of a suit filed by the petitioners in the CRP agai...
Mohd. Jaffrullah Khan Vs. State
Court: Andhra Pradesh
Decided on: Apr-26-2000
Reported in: 2000(4)ALD665; 2000(2)ALD(Cri)71
1. These two appeals arise out of the judgment dated 14-9-1999 in CC No.3 of 1994 on the file of learned Additional Special Judge for SPE and ACS Cases-cum-V-Additional Chief Judge, City Civil Court, Hyderabad, and hence they are disposed of by this common judgment.2. Accused No.1 (A1) is the appellant in Criminal Appeal No.1629 of 1999. He was convicted by the trial Court for the offence under Section 7 of the Prevention of Corruption Act, 1988 (Act No.49 of 1988) (for short 'the Act') and he was sentenced to undergo rigorous imprisonment for a period of one year and also to pay fine of Rs.1,000/- in default to suffer simple imprisonment for a period of three months; and he is also convicted and sentenced to undergo rigorous imprisonment for a period of one year for the charge under Section 13(1)(d)(1) read with Section 13(2) of the Act sentencing him to pay a fine ofRs.1,000/- in default suffer simple imprisonment for a period of three months and that both the sentences were directed...
C. Nageshwara Rao Vs. K. Mallikarjuna Rao
Court: Andhra Pradesh
Decided on: Apr-26-2000
Reported in: 2000(1)ALD(Cri)902; 2000CriLJ3278
ORDERVaman Rao, J. 1. This petition under Section 482 Cr.P.C seeks quashing of proceedings in Crime No.183/2000 registered at Police Station, Panjagutta, in which the petitioner is accused of offence under Sections 420 and 506 IPC. 2. The relevant allegations in the complaint on the basis of which this FIR was registered may be stated briefly as follows: that the petitioner agreed to sell certain house property in favour of the complainant. It was known that the property agreed to be sold was mortgaged in favour of Mahesh Co-operative Bank for certain loan, which was still outstanding. The petitioner agreed to clear that loan and obtained the entire sale consideration from the complainant. Subsequently, the petitioner executed another document in favour of the complainant described as supplemental agreement or notification deed in which the petitioner made a representation that the amount due to the Mahesh Co-operative bank has been cleared. It was later discovered by the complainant t...
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