Andhra Pradesh Court October 2001 Judgments
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Shanta Devi Vs. Municipal Commissioner, Nizamabad Municipality and anr ...
Court: Andhra Pradesh
Decided on: Oct-15-2001
Reported in: 2002(1)ALD59
ORDER1. This writ petition has been filed stating that the premises bearing No. 7-10-911/2 admeasuring 1549 Sq.Yds. situated at Station Road, Nizamabad was jointly owned and possessed by the petitioner and her co-sisters namely, Smt. Susheela Devi (second respondent herein) w/o late Bhikulal Agarwal and Premalatha Devi w/o Suraj Bhan under the registered sale deed dt. 1-7-1972, it is stated that when one of the joint owners i.e., the second respondent herein started construction of the building in the above premises without consent of the other co-owners and without permission from Nizamabad Municipality, the petitioner herein submitted a detailed representation to the first respondent on 11-5-2001 to take immediate action forthwith for stopping the construction sought to be made and to demolish any construction made by the second respondent. When the first respondent did not take any action and as the second respondent was proceeding with construction, the present writ petition has be...
Vidyavanam Public Trust Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-15-2001
Reported in: [2002]125STC397(AP)
S.R. Nayak, J.1. Admitted. Learned Special Government Pleader for Taxes takes notice on behalf of the respondents. These T.R.Cs. were finally heard with the consent of the learned counsel for the petitioner and the learned Special Government Pleader for Taxes and they are being disposed of by this common order.2. T.R.C. No. 246 of 2001 relates to the assessment year 1994-95 and T.R.C. No. 251 of 2001 relates to the assessment year 1992-93.3. The petitioner is a registered dealer on the rolls of the Commercial Tax Officer, Vuyyuru. The petitioner during the relevant assessment years 1994-95 and 1992-93 purchased cereals and pulses along with other goods and converted them into poultry feed and sold them. It is also the case of the petitioner-dealer that it was doing business in leather bags, etc. For the assessment years 1994-95 and 1992-93, the Commercial Tax Officer, Vuyyuru, completed the assessment of the petitioner.4. Before the Commercial Tax Officer, the petitioner-dealer contend...
City Automobiles and anr. Vs. J.K. Industries Limited and anr.
Court: Andhra Pradesh
Decided on: Oct-13-2001
Reported in: 2002(1)ALD(Cri)123; 2002(1)ALT(Cri)9
ORDERT. Ch. Surya Rao, J. 1. Since the parties are same and as common questions of law are involved in all these petitions, they can be disposed of together. 2. The factual matrix necessary for better understanding of the matter and for an effective adjudication of the same may be set forth hereinbelow thus. 3. The first respondent herein is the complainant and the petitioners herein are the accused in as many as ten cases in C.C. Nos. 60, 61, 63 to 69 and 108 of 2001 filed under Section 138 of the Negotiable Instruments Act ('the Act' for brevity) before the VIII Metropolitan Magistrate, Vijayawada. The complainant is a Registered Company having been registered under the provisions of the Companies Act, 1956. It manufactures and sells automobiles, tyres, tubes and flaps. The first accused is a partnership firm and the second accused is its Managing Partner it is alleged, inter alia, in the complaint that the accused purchased tyres, tubes and flaps from time-to-time from the complaina...
Lakshmi Ice Factory Vs. District Industries Centre, Krishna, Vijayawad ...
Court: Andhra Pradesh
Decided on: Oct-12-2001
Reported in: 2002(1)ALD812; 2002(1)ALT668
S.B. Sinha, C.J.REASON FOR REFERENCE1. Noticing a difference of opinion between the decisions of Division Bench of this Court in Nilagiri Ice Factory v. District Industries Centre, 1993 ALT SUPP. (1) 318 (DB) and Government of A.P. v. Nagarjuna Building Products, (1997) 25 APSTJ 126, as regards the grant of benefits of the Liberalised State Incentive Scheme, 1989, these matters have been referred to Full Bench.QUESTION2. The question centres round interpretation of paragraph-10 of the Liberalised State Incentive Scheme, 1989 contained in G.O. Ms. No.498, dated 16-10-1989 which reads thus:'As the Central objective of the new incentives Package is to attract new industrial units to the State it would not be applicable to units which have already taken any or all the steps for the project implementation. Accordingly, only new industrial units which hold valid registrations/letters of intent and have taken steps for the first time on or after 3-10-1989 for project implementation such as ap...
Thota Kanakadurga Varaprasad Rao Vs. Madapati Chandra Sekhara Reddi
Court: Andhra Pradesh
Decided on: Oct-12-2001
Reported in: 2002(3)ALD97; 2002(1)ALT338
ORDERG. Bikshapathy, J. 1. The civil revision petition is filed against the Orders of the learned Principal Junior Civil Judge in IA No. 145 of 2000 in OS No. 323 of 1999, dated 30-4-2001.2. Petitioner is the defendant, respondent filed a suit for recovery of certain sums and the suit was filed under Summary Trial procedure under Order 37 of Code of Civil Procedure. Petitioner filed an application in IA No. 145 of 2000 seeking leave of the Court to defend the case, the said application was dismissed by an Order dated 30-4-2001, against which the present civil revision petition has been filed.3. The learned Counsel for the petitioner submits that the Court below has not properly appreciated the purport of Order 37, Rule 3 of the Code of Civil Procedure and mechanically rejected the application of leave to defend the case.4. It is the case of the petitioner-Defendant that he never executed any pronote and that he did not know the name in whose favour the persons, who attested the scribe ...
Government of Andhra Pradesh and ors. Vs. D. Gopaiah
Court: Andhra Pradesh
Decided on: Oct-12-2001
Reported in: 2001(6)ALD759; 2001(6)ALT553; [2002(93)FLR12]
S.B. Sinha, C.J.1. Whether compassionate appointments on the ground of medical invalidation satisfy the requirement of Article 16 of the Constitution of India is the question involved in these writ petitions.2. Before adverting to the said question, we may refer to certain government orders issued in this regard.3. The Government of Andhra Pradesh vide G.O.Ms.No. 504, General Administration (Services-A) Department, dated 30-7-1980 has extended the scheme of compassionate appointment introduced in G.O.Ms.No. 687, dated 3-10-1977, to the spouse/daughter/son of a Government servant who retired on medical invalidation under Article 441 of Andhra Pradesh Pension Code (Vol. 1) subject to the conditions mentioned therein.4. By G.O.Ms.No. 309 General Administration (Services-A) Department dated 4-7-1985, the Government had confined the benefit of compassionate appointment to son/daughter/spouse of government employee, who retires from service on medical grounds five years before attaining the ...
Sum. Prasad Vs. Andhra Pradesh State Federation of Co-operative Spinni ...
Court: Andhra Pradesh
Decided on: Oct-12-2001
Reported in: 2001(6)ALD741; 2001(6)ALT233
S.B. Sinha, C.J. QUESTION: 1. The question which arises for consideration in this Writ Petition is as to whether the A.P. State Federation of Co-operative Spinning Mills Ltd., (hereinafter referred to as 'the Federation') is a State within the meaning of Article 12 of the Constitution of India. REASON FOR REFERENCE: 2. A Division Bench of this Court in BARODA COTTON COMPANY v A.P. STATE FEDERATION OF CO-OP SPINNING MILLS LIMITED, : AIR1991AP320 , held that Nellore Co-operative Spinning Mills Ltd., is not State or statutory authority. However, in Writ Appeal No. 1071 of 1993, dated 21.4.1997 a contrary view has been taken. FACTS: 3. Noticing the contrary views of two Division Benches of this Court, a learned single Judge referred the present writ petition to a Division Bench. The petitioner was appointed as a Mill Manager on 28.8.1987. He was posted as Managing Director of Rajahmundry Co-operative Spinning Mills Ltd, Rajahmundry. On the ground of commission of misconduct a departmentalp...
A. Chandra Sekhar Reddy Vs. Union of India and ors.
Court: Andhra Pradesh
Decided on: Oct-12-2001
Reported in: 2002(1)ALD28; 2001(6)ALT503
S.B. Sinha, C.J. 1. The vires of Section 52 of the Motor Vehicles Act, 1988 as amended by the Motor Vehicles (Amendment) Act, 2000 is in question in these petitions. 2. The petitioners herein intend to covert their petrol vehicles into diesel vehicles by replacing petrol engine with a diesel engine. A Division Bench of this Court in Writ Petition No. 5501 of 2001, disposed of on 18-4-2001 has held that although such substitution of a petrol engine by a diesel engine is not permissibleunder the main provision it is so in terms of the proviso appended thereto. 3. The learned Counsel appearing on behalf of the parties would contend that with a view to attract the rigour of Subsection (1) of Section 52 it must be shown that the entire basic feature of the vehicle is being changed. Reliance in this connection has been placed on T.K. Radhamani v. Joint Regional Transport Officer, Mattancherry, : AIR1997Ker85 , and A.Narayana Rao v. Assistant Secretary, RTA, Sec 'Bad, : 1999(1)ALD614 . It was...
P. Jagadish Vs. Registrar, Ntr University of Health Sciences, Andhra P ...
Court: Andhra Pradesh
Decided on: Oct-12-2001
Reported in: 2001(6)ALD713; 2001(6)ALT271
S.B. Sinha, C.J. 1. These writ petitions involving common questions of fact and law were taken up for hearing together and are being disposed of by this common order. FACTS: 2. We may refer to the fact of the matter involved in Writ Petition No. 18126 of 2001 for the purpose of deciding their cases. 3. The petitioner therein appeared for EAMCET (Medical) 2001- 2002 and secured 1195 rank in the overall State ranking. He belongs to Backward Class 'A' community and he being a local candidate of Osmania University, the rank obtained by him in the University was 5 and therefore he has to get admission into 1st year M.B.B.S. course. He fell ill from 15-7-2001 to 31-7-2001 and undergone operation on 1-8-2001 and he was treated as inpatient up to 25-8-2001. Counselling for 1st year M.B.B.S., course was scheduled to be held from 30-8-2001 to 8-9-2001. When he approached Osmania Medical College so as to obtain application form, he was informed that the last date for submission of applications wa...
Bansilal Vs. Mohmood Ahmed
Court: Andhra Pradesh
Decided on: Oct-12-2001
Reported in: 2002(1)ALD45
1. This Civil Revision Petition arises out of a Judgment and order dated 12.2.1996 passed by the Chief Judge, City Small Causes Court, Hyderabad in R.A.No.242 of 1991 whereby and whereunder the learned Judge allowed an appeal preferred by the respondents herein arising out of a Judgment dated 21.2.1991 passed by the Principal Rent Controller, Hyderabad in R.C.No.296 of 1987 dismissing an application filed by the respondent under Section 10(2)(i) and 2(a) of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Act').2, Respondent-landlord filed the eviction petition against the petitioner herein on the ground that the petitioner committed wilful default in payment of rent payable for the months of January and Feburary, 1985. The petitioner tendered Rs. 125/- by way of money order in the month of August, 1985 which was refused. The petitioner again sent Rs. 250/- by money order for two months in the first week of September, 1985 which was also refused by the respon...
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