Andhra Pradesh Court October 2001 Judgments
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Vasamsetti Kameswara Rao Vs. Govt. of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Oct-18-2001
Reported in: 2001(6)ALD530
ORDER1. This writ petition is filed to continue the petitioner in service by declaring the proceedings dated 06/07/2000 made by the General Manager, District Co-operative Central Bank Limited, Kakinada, in placing him under suspension pending enquiry into the lapses alleged to have been committed by him as illegal, arbitrary, without jurisdiction and contrary to Section 116-AA of the A.P. Co-operative Societies Act, 1964 (for short 'the Act') read with Rule 72 (3) of the A.P. Co-operative Societies Rules (for short 'the Rules').2. The facts in brief are as follows: -The petitioner is working as Secretary in the Tanukuvada Primary Agricultural Cooperative Society - 4th respondent herein. He was initially appointed as Secretary at Manjeru P.A.C.S. in the year 1979 and thereafter he was transferred to Jagannathagri P.A.C.S. While so, after introduction of Section 116-AA by A.P. Co-operative Societies (Amendment) Act, 1985 (Act 21/ 85), the Government abolished common cadre for all the cat...
AllauddIn Charities and Zakath Wakf Vs. Hameed Ali and ors.
Court: Andhra Pradesh
Decided on: Oct-18-2001
Reported in: 2002(1)ALD67; 2002(2)ALT534
S.B. Sinha, C.J.1. These two writ appeals are directed against the order of the learned single Judge in W.P.No.9434 of 2000 declaring the order dated 15.5.2000 passed by the Chief Executive Officer (CEO) of the A. P. State Wakf Board directing eviction of the petitioners from the premises in question as illegal and without jurisdiction and further declaring the property as not wakf property.2. While the 5th respondent preferred W.A.No.983 of 2001, the A.P. State Wakf Board filed W.A.No.1109 of 2001.3. We have heard the appeals together and the same are being disposed of by this common judgment. For convenience sake, the parties will be referred to by their status in the Writ Petition.4. Briefly noted, the facts are: The petitioners' claim that the 4th petitioner is a trust by name Faizana-e-AI-Husnain Trust incorporated under the provisions of the Trust Act and registered as such, vide document No.21/1988 dated 22.5.1998. Petitioners 1 to 3 claims to be the foundertrustees of the said ...
K.V.K. Raju (Huf) Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Oct-18-2001
Reported in: [2001]252ITR724(AP)
S. Ananda Reddy, J.1. At the instance of the assessee, the Income-tax Appellate Tribunal, Hyderabad Bench-A, referred the following question said to arise out of its order in I. T. A. No. 74 of 1988, dated January 18, 1991, for the assessment year 1983-84 under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the asses-see was not entitled to carry forward the share of loss determined in the hands of the firm, Nagarjuna Construction Corporation, for the assessment year 1982-83, determined in the hands of the said firm in pursuance of a valid return filed by the said firm and in holding that the assessee is not entitled to carry forward the share of loss in view of the fact that the return was filed outside the time limit provided under Section 139(4) by the assessee ?'2. The short but interestin...
Sri Ramdas Motor Transport Ltd. and ors. Vs. Karedla Suryanarayana and ...
Court: Andhra Pradesh
Decided on: Oct-18-2001
Reported in: [2002]110CompCas193(AP)
B.S.A. Swamy, J.1. To my mind if the parties adopted a give and take policy, the issue would have been amicably settled by the well wishers of both the parties. As the second respondent is adamant and not heeding the advice of well-wishers and the judicial forums as well, the parties are in the courts for nearly a decade wasting the precious time of the court. Even in this court the respondents did not heed the advice given to them and invited judgment on the merits.2. To put forth their case both the parties engaged counsel from Madras and arguments in these appeals were heard for nearly three weeks.3. Before considering the merits of the case, I feel it appropriate to refer to certain observations made by Honourable Justice Chinnappa Reddy exposing how corporate giants rush to courts and how they are converting the courtrooms as their battle ground and fight under the attractive banners of fair play and public interest. While considering the conduct of the board of directors in Life ...
indo National Limited Vs. Commissioner of Commercial Taxes
Court: Andhra Pradesh
Decided on: Oct-18-2001
Reported in: [2004]136STC586(AP)
S.B. Sinha, C.J.1. A short but interesting question of law as regards interpretation of Sub-section (2-A) of Section 20 of the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the Act') arises for consideration in these writ petitions.2. All these writ petitions were filed by M/s. Indo National Ltd., Nellore, a company incorporated under the Companies Act, 1956. It is a registered dealer under the Act as also under the Central Sales Tax Act.3. It is engaged in the manufacture and sale of dry battery cells of different sizes, which are mostly used for torchlights, transistors, calculators, etc. It has depots or branches at various places in different States throughout the country. Apart from effecting local sales within the State of Andhra Pradesh, the petitioner also sells the goods in the course of inter-State trade as well as by effecting sales outside the State of Andhra Pradesh through its branches and depots. The goods are sent on stock transfer from the petitioner's factor...
Sri Narasimha Wines and ors. Vs. the Proh and Excise Superintendent an ...
Court: Andhra Pradesh
Decided on: Oct-18-2001
Reported in: 2001(6)ALT240
S.B. Sinha, C.J.1. Vires of sub-rule (9) of Rule 25 of the Andhra Pradesh Indian Liquor and Foreign Liquor Rules, 1970 (hereinafter referred to as 'the Rules') is in question in this batch of writ petitions. FACTS: 2. The petitioners are granted IL 24 licence for retail sale of liquor for the lease year 2000-2001. Allegedly the licence was effective from 17.5.2000 to 31.3.2001. By reason of G.O.Ms.No.190 Revenue (Ex.III) Department, dated 24.3.1998, sub-rule (9) has been inserted in Rule 25 of the Rules which is to the following effect: The annual licence fee for the licences in Form IL 24 referred to in Rule 23 shall be amended from time to time at the rates as shown in the schedule appended to these Rules. The annual licence fee for a lease year shall be paid before the commencement of the lease year to which it relates in one lump sum or in three equal instalments or in a manner as notified from time to time. Where the licence is issued before the 31st May of the lease year, the fir...
Bhimavaram Co-operative Urban Bank Ltd., Bhimavaram Vs. District Colle ...
Court: Andhra Pradesh
Decided on: Oct-17-2001
Reported in: 2001(6)ALD806
1. The petitioner Bhimavaram Co-operative Urban Bank Limited (hereinafter referred to as 'the Bank')-is a Co-operative Society registered under the A.P. Co-operative Societies Act, 1964. The [headquarters of the Bank are at Bhimavaram. It has branches at Akkiveedu, Tanuku, Attili, Tadepalligudem, Ganapavaram, Nidadvolu and Jangareddygudem, all are situated in West Godavari District. The Bank proposed to open three more new Branches in West Godavari District and sought permission of the Registrar of Co-operative Societies, for creation and filling up of certain posts in the categories of Assistant Secretary & Manager, Accountants, Assistant Accountants, Clerks, Peons. Considering that request, the Registrar of Co-operative Societies by his proceedings in Rc.No. 21084/ 99 dated 27-5-1999 accorded necessary approval under Section 116-C of the Act. Thereafter the Bank proceeded to fill up 28 Clerk-cum-Cashier posts by publishing; a notification in the Newspapers on 9-11-1999. As many as 63...
Potluri Poorna Chandra Prabhakar Rao Vs. the State of A.P., Rep. by It ...
Court: Andhra Pradesh
Decided on: Oct-17-2001
Reported in: 2001(2)ALD(Cri)834; 2001(5)ALT768; 2002(1)ALT(Cri)574
ORDERRamesh Madhav Bapat, J.1. The petitioner herein is the sole accused in C.C. No. 30 of 1997 which is pending on the file of the Special Judge for cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. There is a checkered history as to how this complaint came into existence.2. It appears from the record that the accused herein had a daughter named Usha. One B. Immaniel, husband of the defacto complainant with an intention to marry her, abducted her. She was a married woman. The husband of Usha gave a complaint against the said B. Immaniel, Inspector of Police, for abduction of his wife. The case was registered and investigated by C.I.D Police and they filed the charge sheet on 6-10-1995 in the Court of the II Additional Munsif Magistrate, Ongole. The case was numbered as P.R.C. No. 2 of 1996.3. It is further stated in the petition that the defacto complainant in this case and her husband colluded with each other and the defacto complainant executed ...
K. Babu Rao and anr. Vs. Smt Yadamma
Court: Andhra Pradesh
Decided on: Oct-17-2001
Reported in: 2001(6)ALT562
ORDERT. Meena Kumari, J.1. The present civil revision petition has been filed by the petitioners-landlords aggrieved by the judgment of Chief Judge, City Small Causes Court, Hyderabad in R.A.No.334 of 1997 dated 28-2-2000.2. The brief facts of the case are as follows:The petitioners herein are the owners of the premises bearing Door No.8-2-282 situated at Kumarguda, Secunderabad. They have purchased the above premises by virtue of a registered sale deed dated 22-4-1994. The respondent herein is the tenant in respect of the said premises on a monthly rent of Rs.50/-. The petitioners herein were residing in a rented premises bearing No.8-2-332 situated at Kumarguda, Secunderabad by paying monthly rent at Rs.1000/-. The 1st petitioner has two children and the 2nd petitioner is unmarried sister of the 1st petitioner and they are in requirement of the suit premises for their own occupation and that the respondent-tenant has not paid the rents from May, 1994 to November, 1995 amounting to Rs...
Vaddepalli Rajesham Vs. A.P.S.R.T.C.
Court: Andhra Pradesh
Decided on: Oct-17-2001
Reported in: 2002(2)ALT720
N.V. Ramana, J.1. This appeal is filed by the appellant-claimant aggrieved by the order dt. 20-11-1996 passed by the Motor Accidents Claims Tribunal-cum-District judge, Karimnagar in O.P.No. 687 of 1993 which was filed by the appellant-claimant claiming compensation of Rs. 1,50,000/- for the injuries sustained by him in a motor vehicle accident occurred on 12-6-1993 at about 8,15 a.m. wherein the R.T.C. Bus bearing No. AP-9Z-3819 was involved. The learned Judge of the tribunal below on appreciation of the entire evidence on record determined the compensation at Rs. 95,000/- but dismissed the claim-petition on the ground that the driver of the R.T.C. Bus who is a necessary party to the claim petition was not added by the petitioner and hence the respondedept Corporation cannot be made liable to pay any compensation. Questioning the same the present appeal has been filed.2. It is contended by the learned Counsel for the appellant that the learned Judge erroneously dismissed the claim pet...
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