Andhra Pradesh Court August 2000 Judgments
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A.N. Cigarette Trading Company, Hyd. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Aug-23-2000
Reported in: 2000(5)ALD726; 2000(6)ALT691
ORDERS. Ananda Reddy, J.1. This taxrevision case is filed by the assessee-dealer aggrieved by the order of the Sales Tax Appellate Tribunal in TA No.1245 of 1988, dated 15-4-1992 whereunder the penalty of five times the tax was confirmed for the assessment year 1979-80.2. The petitioner is a dealer incigarettes and other commodities. Originally, it was assessed for the assessment year 1979-80 on the sales of cigarettes alone. On 24-2-1984, the Commercial Tax Officer, Nampally inspected the business premises of the dealer and noticed huge stocks of matches and some other commodities and he also came across some purchase invoices in the possession of a partner of the petitioner firm and the said invoices were in the name of M/s. A.P. General Stores, Hyderabad, which is a sister concern of the petitioner. The said invoices relates to the purchase of matches, detergent powder and supari etc.The assessment was therefore revised on the information received from the Banks. The Assessing Offic...
Gogula Lingamma Vs. Government of A.P. and Another
Court: Andhra Pradesh
Decided on: Aug-23-2000
Reported in: 2000(6)ALD5; 2001(1)ALD(Cri)140; 2000(5)ALT613; 2001CriLJ198
1. This writ petition was filed by the unfortunate mother, aged about 60 years, of the deceased G. Vijay, who was alleged to have been murdered by the second respondent Jalagam Sudershan Rao and his associates on 4-3-1995 on account of political rivalry, seeking for the relief to declare G.O. Rt. No. 452 Home (Police.F) Department, dated 25-2-1999 withdrawing the criminal case in SC No. 528 of 1996 on the file of the 1 Addl. Sessions Judge, Nalgonda, as illegal, null and void and topass such others as the Court deems fit and proper in the circumstances of the case.2. It is stated by the petitioner Smt. Gogula Lingamma, that the second respondent is alleged to have filed representation dated 23-7-1998 to the Honourable Minister for Home Affairs. Government of Andhra Pradesh, Hyderabad to consider his case and suggest the Public Prosecutor, Nalgonda under Section 321 of the Code of Criminal Procedure (for brevity the Code) to delete his name from the arena of accused. Therefore, after ob...
Pushpagiri Mutt Vs. Chintakunta Erikala Reddy
Court: Andhra Pradesh
Decided on: Aug-21-2000
Reported in: 2000(5)ALD714; 2000(5)ALT444
ORDER1. This revision petition is filed against the order dated 4-2-2000 in IA No.1063 of 1999 passed by the Court of Principal District Judge, Cuddapah, dismissing the application to condone the delay of 938 days in presenting the appeal against the order of the Principal District Munsif-cum-Special Officer in Andhra Tenancy Case (ATC) No.4 of 1994 dated 27-12-1996. Be it noted that the proceedings before the original authority were initiatedby the tenant respondent herein under Section 10(1) of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (hereinafter called 'the Act').2. The petitioner herein a Pushpagiri Mutt in Cuddapah. It owns considerable extents of lands. The respondent herein is a cultivating tenant of the land admeasuring about Ac.2.83 cents. He was inducted as a tenant in 1967. After taking the land on lease he made improvements including digging well and put up an underground pipeline for irrigating the land. The petitioner herein filed ATC No.1 for 1983 before the S...
Nallaballa Lalitha Devi Vs. Guddeti Suryanarayana and Others
Court: Andhra Pradesh
Decided on: Aug-21-2000
Reported in: 2000(5)ALD782; 2000(5)ALT435
ORDER1. This revision petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter called 'CPC') is filed against the interlocutory order dated 20-6-2000 in 1A No.60 of 2000 in AS No.55 of 1996.2. The petitioner is the third respondent-third defendant in AS No.55 of 1996 on the file of the Court of Senior Civil Judge, Proddutur. The first respondent filed a suit for declaration of title and permanent injunction. The suit being OS No.74 of 1993 was tried along with two others suits and a common judgment was delivered dismissing the said suit. At the trial stage, an advocate commissioner was appointed to measure the suit schedule land, fix the boundary stones and fix the dividing line between the property of the first respondent and the petitioner. The advocate commissioner was also examined as PW3.3. Against the judgment and decree in OS No.74 of 1993, the first respondent-plaintiff filed AS No.55 of 1996. He filed IA No.60 of 2000 for appointment of advocate commissione...
Board of Trustees of the Port of Visakhapatnam Vs. Presiding Officer, ...
Court: Andhra Pradesh
Decided on: Aug-21-2000
Reported in: 2000(5)ALD682; 2000(5)ALT577
ORDER1. The petitioner challenges an award of the respondent No. 1, a Lok Adalath, dated 6-4-1999 by way of this writ petition.2. The petitioner is the Port Trust of Visakhapatnam with whom one Mr. B. Gangulu was an employee and who retired as orehandling labour with token No.759 voluntarily on medical grounds. Theemployee nominated his wife Appala Narsamma in the year, 1988 as the nominee for the purpose of entitling the retirement benefits. Later, in the year, 1994 he revised the nomination in favour of the second respondent herein, the second wife, namely B. Chinna Talli. Thus, he had to wives; Appala Narsamma and Chinna Talli. Through Appala Narsamma he had one son and two daughters, Sri Ramulu, Demudamma and Kankamma, whereas through the second wife i.e., respondent No.2 herein he had two daughters Jyothi Lakshmi and Nagamma aged 19 and 16 years respectively. The first wife Appala Narsamma divorced B. Gangulu about 12 years prior to the impugned proceedings and married one Poliset...
A. Sreeranga Rao Vs. the State of A.P.
Court: Andhra Pradesh
Decided on: Aug-21-2000
Reported in: 2000(2)ALD(Cri)518; 2001CriLJ180
ORDERVaman Rao, J.1. This Criminal Revision Case is directed against the order of the III Metropolitan Magistrate, Hyderabad Dated 12-1-2000 passed in Cri. M.P.No. 806 of 2000 in C.C.No. 493 of 1999 under which he dismissed the application filed by the petitioner-accused No. 2 to discharge him from the prosecution for the offences under Section 39 and 44 of the Indian Electricity Act on the ground that the learned Magistrate has taken cognizance of those offences after the prescribed period of limitation has elapsed,2. The revision petitioner is the accused No. 2 in C.C.No. 493 of 1999 facing charges for the offences punishable under Section 39 and 44 of the Indian Electricity Act. The alleged offence is said to have been detected on 14-12-1993 and charge sheet is said to have been first filed on 9-12-1996 before the 17th Metropolitan Magistrate and the learned 17th Metropolitan Magistrate returned the charge sheet for presentation of the same before the III Metropolitan Magistrate on ...
Mohd. Ashraf Vs. Vinod Kumar Asawa
Court: Andhra Pradesh
Decided on: Aug-18-2000
Reported in: 2000(5)ALD541; 2000(6)ALT362
ORDER1. The CRP arises out of order allowing the petitioner's application for leave to defend the suit filed under Order XXXVII, Rule 3(5) of the Code of Civil Procedure, on condition of the petitioner depositing a sum of Rs.1 ,00,000/- on or before 5-6-2000. Aggrieved by the condition imposed by the trial Court, the present CRP is filed.2. In the suit, the respondent-plaintiff sought for a money decree for an amount ofRs.2,19,500/-. The break up of the amount for which the decree is sought is as follows:1. Advancing a loan of Rs. 1,00,000/- on 24-4-1999 on execution of a promissory note. 2. Advance of a further sum of Rs.1,00,000/- on 6-5-1999 for which a receipt has been passed; and 3. Interest at 24% p.a., on the aforementioned amounts which, according to the plaintiff, the defendant orally promised to pay. 3. The plea of the petitioner-defendant is that the documents viz., promissory note and receipt are fabricated and they were not executed by him. It is also contended that as the...
A. Sarah Vs. District Educational Officer, Anantapur District, Anantap ...
Court: Andhra Pradesh
Decided on: Aug-18-2000
Reported in: 2000(6)ALD454; 2000(6)ALT648
ORDER1. Petitioner claims that St. Joseph's Aided Elementary School at Guntakal, the 2nd respondent, is a minority institution, and that she was appointed as Assistant Teacher in that School on 20-1-1964. The 1st respondent-DEO, Anantapur, by his proceedings Re No, 122667 B2/1988 dated 14-6-1990 directed bifurcationof elementary section from the High School and further directed the school management to promote the senior-most teacher in the Elementary School as its Head Master. Petitioner claims that she is working in the elementary school since bifurcation and as per the seniority list of teacher prepared, she stands at serial No.4 whereas the 3rd respondent, Manikyam, stands at serial No.9. According to the petitioner, she was promoted as Head Mistress with effect from 27-6-1997, consequent on retirement of one B. Sarojamma, by proceedings RCNo.6/Spl/1997 dated 27-6-1997 of the 2nd respondent. Her only grievance is that without issuing any notice to her, the DEO issued the impugned p...
Y.S. Nanji Reddy Vs. the State of A.P., Rep. by P.P. Through Station H ...
Court: Andhra Pradesh
Decided on: Aug-18-2000
Reported in: 2000(2)ALD(Cri)546
ORDERN.Y. Hanumanthappa, J. 1. Aggrieved by the order of the Addl. Sessions Judge, Hindupur, passed in Crl. A. No. 28/94 dated 2-10-1994 confirming the conviction and sentence passed in S.C.No.231/92 on the file of the Assistant Sessions Court, Penukonda, the accused preferred this revision. On 6-12-1996, this Court passed an order dismissing the Crl. Revision Petition. The said order reads as follows:' Perused the record. The learned Sessions Judge has given cogent and convincing reasons in support of his findings and the sentence imposed is in proportion to the gravity of the offence committed by the accused. Therefore, I see no good grounds to interfere with the judgment under challenge. Accordingly, the revision is dismissed. ' 2. Subsequently Sri Padmanabha Reddy, learned Sr. Counsel appearing for the revision petitioner made an oral request that the said order has to be recalled for the reason that the counsel for the petitioner was unable to attend the Court when the case was ca...
Vanka Venkanna Vs. Spl. Dy. Collector (T.W.) and ors.
Court: Andhra Pradesh
Decided on: Aug-18-2000
Reported in: 2001(2)ALT709
ORDERA. Gopal Reddy, J.1. Assailing the order passed by the 2nd respondent-Agent to the Government (District Collector), Khammam] in C.M.A.NO. 17/97 dt. 13-1-2000, the present writ petition is filed. 2. According to the petitioner, he is the owner and possessor of land situated in S.No. 45 to an extent of Ac. 5-00 at Venkatapuram village (Nugur) of Khammam District having purchased the same from the third respondent by way of simple sale deed dt. 20-9-1960. At the time of purchase, the respondent No. 3 belongs to Nayaka community and is not a tribe. It is only in the year 1976, the President of India amended the Presidential Order, 1950 notifying Nayaka community as Scheduled Tribe. Venkatapuram village (Nugur) of Venkatapuram Mandal, Khammam District is one of the Scheduled areas notified by the President of India under 5th Schedule of Constitution. A,P.Scheduled Areas Land Transfer Regulation, 1959 (for short 'Land Transfer Regulation No. 1/59) came into force with effect from 4-3-59...
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