Andhra Pradesh Court July 2000 Judgments
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SalauddIn Owaisi and Etc. Vs. D.S.P., Cid, Sdt
Court: Andhra Pradesh
Decided on: Jul-07-2000
Reported in: 2000(2)ALD(Cri)329; 2000CriLJ4848
Motilal B. Naik, J.1. In all these criminal petitions which are filed under Section 482 of Cr. P.C. petitioners have questioned the validity of criminal proceedings pending against them in the Court of the IX Metropolitan Magistrate, Hyderabad in C. C. Nos. 70/97, 64/97, 63/97, 54/97, 72/97, 225/93, 223/93, 60/97, 450/92, 220/93, 53/97, 595/94, 73/97, 67/98 and 59 of 1997 respectively on various grounds and seek to quash the same and to pass appropriate orders as is deemed fit and proper in the circumstances of the case.2. Since the issues involved in these petitions and the relief sought are common, these petitions are taken up together and are being disposed of by this common judgment.3. Before we proceed to examine the issues raised before us in these criminal petitions, we deem it appropriate to trace few facts leading to filing of these petitions which are narrated as under :4. A society by name Sri Venkateshwara Co-operative House Building Society Limited for Andhra Pradesh Legis...
Al-kabeer Exports Ltd. Vs. Commissioner of Commercial Taxes, A.P., Hyd ...
Court: Andhra Pradesh
Decided on: Jul-06-2000
Reported in: 2000(4)ALD339; 2000(4)ALT199
ORDERS.R. Nayak, J.1. The main common question which arises in these appeals filed under Section 23(1) of the Andhra Pradesh General Sales Tax Act, 1957, for short 'the APGST Act' is whether raw hides and skins and dressed hides and skins should be considered as one commodity for the purpose of claiming exemption of sales tax under Section 5(3) of the Central Sales Tax Act, 1956, for short 'the CST Act'.2. The appellant in all these appeals is an Export Trading House engaged in the processing of meat and is having its unit at Rudraram in the State of Andhra Pradesh. In the course of processing of the meat, there emerges a bye-product called 'raw hides and skins'. These raw hides and skins have local market and are also sold to the exporters, who after tanning, export the tanned hides and skins outside the country.3. A Division Bench of this Court in the case of State of Andhra Pradesh v. Mohd. Basheer and Company, , held that the tanned and untanned hides and skins constitute one commo...
Ali Mohamood Vs. Special Court Under A.P. Land Grabbing (Prohibition) ...
Court: Andhra Pradesh
Decided on: Jul-05-2000
Reported in: 2000(5)ALD172; 2000(4)ALT673
ORDERN.Y. Hanumanthappa, J1. This writ petition is filed seeking a writ of certiorari calling for the records pertaining to the judgment and decree of the 1st respondent-Special Court passed in LGANo.44 of 1996 dated 3-3-1997 and to quash the same as illegal, unconstitutional and contrary to the provisions of the A.P. Land Grabbing (Prohibition) Act.2. The facts in brief are as follows :The petitioner herein filed LGOP No.296 of 1990 on the file of the District Judge-cum-Special Court, Land Grabbing, Vizianagaram against respondents 3 and 4 to declare that he is the owner of the petitioner schedule property and to direct the eviction of respondents 3 and 4 and to pay mesne profits of Rs.3,600/- and also for future profits. It was contended by the petitioner herein in the LGOP that he is theowner of the petition schedule property bearing TS No.2/2 situate Vizianagaram comprising of the dilapidated building with the sale. According to the petitioner, he purchased the same under a registe...
D. Saibabu Vs. Govt. of A.P., Endowments Dept. and ors.
Court: Andhra Pradesh
Decided on: Jul-05-2000
Reported in: 2000(5)ALT624
ORDERG. Bikshapathy, J.1. The writ petition is filed challenging the Orders passed by the 1st respondent dated 19-3-1990.2. It is the case of the petitioner that he was initially appointed as Record Assistant on 29-6-1990. 4th respondent was appointed as Conductor on 12-7-1988. As per the promotion channel, the petitioner is entitled for promotion to the post of a Junior Assistant in accordance with law and there is no channel for the post of Conductor. The 4th respondent was holding the post of Conductor, but however, the said post was converted into as Junior Assistant and by an Order dated 19-3-1990 he was appointed as Junior Assistant. The petitioner was subsequently promoted as Junior Assistant on 29-6-1990. The grievance of the petitioner is that he should have been promoted earlier to the post of Junior Assistant and there is no rule permitting the conversion from the Conductor to Junior Assistant. Therefore, the very conversion of the 4th respondent is contrary to law. Hence, h...
M.R. Subhadra Vs. Financial Adviser and Chief Controller of Accounts, ...
Court: Andhra Pradesh
Decided on: Jul-04-2000
Reported in: 2001(1)ALD112; 2000(4)ALT602
ORDER1.The petitioner was an employee of the Andhra Pradesh State Electricity Board ('the Board' for brevity). After reorganization of the Board she has now become an employee of A.P. Transmission Corporation Ltd ('TRANSCO'). In this writ petition, filed in the year 1990, she sought for a direction to the respondents to regularise her service as Upper Division Clerk (UDC) with effect from 20-8-1973 and to give all consequential benefits by setting aside the Memorandum issued by the Financial Advisor of erstwhile Board on 22-10-1986 declaring the successful completion of the period of probation of various UDCs., including the petitioner. The petitioner, who is shown at Sl.No.21 of the list is stated to have commenced her probation with effect from 19-1-1984 FN and declared to have completed the probation on 22-1-1985 AN.2. The facts in this case, are not in dispute. The petitioner joined the service of the Board and she was duly promoted on 20-8-1973. As per the Rules of the Board, a pe...
Punuru Vijaya Lakshmi Vs. Dr. Punuru Venkata Reddy
Court: Andhra Pradesh
Decided on: Jul-04-2000
Reported in: 2000(5)ALD108; 2000(4)ALT509
ORDER1. This revision petition is against the order of the Senior Civil Judge, Kavali, dated 17-7-1998 dismissing IA No.232 of 1998 in OS No.56 of 1997 fifed by the petitioner seeking leave of the Court to file a rejoinder.2. The petitioner herein is the wife of the respondent herein. She filed the said suit against the respondent-defendant for declaration of her title to the plaint schedule house situated in Kavali Town and for recovery of possession of the same.3. The case of the petitioner-plaintiff, as set forth in the plaint, is that the plaint schedule house was purchased by her from one Dr. N. Venkata Lakshmi Narasimha Rao under a registered sale deed dated 26-8-1974 for a total consideration of Rs.16,000/-. Immediately thereafter she was put in possession of the said property. Subsequently, her husband (respondent-defendant) requested her to permit him torun his hospital in the plaint schedule house and she agreed for the same. The respondent-defendant was thus inducted into po...
O. Balajojamma Vs. Govt. of A.P. and Others
Court: Andhra Pradesh
Decided on: Jul-04-2000
Reported in: 2000(5)ALD322; 2000(5)ALT134
ORDER1. All these writ petitions can be disposed of by this common order. The petitioners in all the writ petitions are the owners of various extents of land situated in Pasupula and B. Thandrapadu villages in Kurnool District. Writ Petition No.16805 of 1997 was filed by M/s. Chalapathi Housing Finance Private Limited, which holds an agreement of sale in respect of Ac.12-44 cents of land.2. The averments in all the writ petitions are that the petitioners are the owners of the land an extent of Ac.30-87 cents. The Government issued Section 4(1) Notification under Land Acquisition Act, 1894 (the Act, for short) in G.O. Rt. No. 508 Education Department dated, 23-3-1994 and published in A.P. Gazette, dated 5-4-1994 proposing to acquire a total extent of Ac. 112-51 cents and Ac.45-79 cents of land situated in Pasupula and B. Thandrapadu villages respectively in Kurnool District for the purpose of establishing a PG Centre for Sri Krishnadevaraya University (the University, for short), Sectio...
Grand Bazar Partnership Firm Vs. Padmashali Seva Samajam Trust
Court: Andhra Pradesh
Decided on: Jul-04-2000
Reported in: 2000(4)ALT435
ORDERI. Venkatanarayana, J.1. This is a revision preferred by the petitioner-tenant against the order of the Chief Judge, City Small Causes Court dated 10-12-1996 passed in R.A. No. 223 of 1993 confirming the order of eviction passed in R.C. No. 450 of 1985 on the file of the Additional Rent Controller, Secunderabad.2. Facts leading to the filing of this revision petition are briefly set out as hereunder:- The respondent-landlord herein filed the eviction petition under Section 10 (2) of the Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act, 1960 (Act 15 of 1960) (for short 'the Act') against the petitioner-tenant seeking eviction of the petitioner from the premises bearing No. 2-12-66/3/4/5 situate at Nehru Nagar, West Marredpally, Secunderabad on the ground of wilful default. It is the case of the respondent-landlord that the petitioner- tenant was irregular in payment of rent and he was due in a sum of Rs. 2,000-00 for the period from 1-6-1985 to the end of October 1985 ...
N.V.S. Mohan Naidu Vs. Registrar, Acharya N.G. Ranga Agricultural Univ ...
Court: Andhra Pradesh
Decided on: Jul-04-2000
Reported in: 2000(4)ALT561
ORDERA. Gopal Reddy, J.1. The grievance of the petitioner, who appeared for the EAMCET for the academic year 1999-2000 secured rank 2089, and belongs to Backward Class Group 'D' 'Koppalavelama' caste and permanent resident of Vizianagaram District, which is coming within the Andhra University area, is that though he submitted an application to the respondent-University for the admission in the courses of Bachelor of Veterinary Sciences and B.Sc, (Agriculture)by enclosing all certified copies including residential certificate issued by the Mandal Revenue Officer on 23-9-1999, the petitioner was called for counselling under non-local category. It is stated that the petitioner has shown all the certificates including the local candidate certificate to the respondent at the time of counselling of B.V. Sc. course. When the petitioner was called for counselling on 22-12-1999 under non-local category, he brought to the notice of the respondent, who orally admitted the mistake. Due to consider...
Soujanya Hotel Pvt. Ltd., Hotel Mahalakshmi Vs. Municipal Corporation ...
Court: Andhra Pradesh
Decided on: Jul-04-2000
Reported in: 2000(4)ALT431
ORDERT.Ch. Surya Rao, J.1. The petitioner seeks declaration in this writ petition that the notice dated 20-8-1996 issued by the first respondent-Corporation is null and void, illegal and arbitrary and consequently to direct the respondents not to demand enhanced licence fee. The hotel by name 'Mahalaxmi' represented by its Managing Director filed the present writ petition. The petitioner has been carrying on the hotel business in the said premises from 1983 onwards. The erstwhile Municipal Council of Rajahmundry under the provisions of A.P. Municipalities Act, 1965 granted licence to the petitioner for the said business and fixed the licence fee at Rs. 1,100/- so soon after the establishment of the hotel by the petitioner. Recently Rajahmundry Municipality has been declared to be a Corporation and the said Corporation is now governed by the provisions of the A.P. Municipal Corporation Act. Elections to the Corporation have not been conducted but a Special Officer has been appointed who...