Andhra Pradesh Court November 2001 Judgments
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K. Suramma Vs. K. Ramayyamma and ors.
Court: Andhra Pradesh
Decided on: Nov-28-2001
Reported in: II(2002)DMC54
C.Y. Somayajulu, J.1. Appellant filed the suit in OS. No. 44/1996 on the file of the Family Court, Visakhapatnam, for declaration of her status as the wife of Ramulu (the deceased) and for a consequential injunction restraining 1st respondent from receiving amounts from the office of 4th respondent, payable consequent on the death of the deceased and mandatory injunction directing 4th respondent to pay 1 /3rd amount from the terminal benefits payable on the death of the deceased, alleging that though she is the legally wedded wife of the deceased and begot respondents 2 and 3 out of the wedlock, 1st respondent claiming to be the wife of the deceased, who was an employee in the office of 4th respondent is making efforts to withdraw the amounts due and payable consequent on the death of the deceased. 1st respondent filed her written statement alleging that the deceased, after divorcing the appellant married and nominated her as the recipient of his death benefits and so she, but not the ...
Vishwanatha Ravi Kumar Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-27-2001
Reported in: 2002(2)ALD29; 2001(6)ALT406
ORDERGoda Raghuram, J.1. Brief factual over view of the writ petitions :All these writ petitions involve common question of law and fact and are thus considered and disposed of by this common judgment.2. Writ petitioners herein are either residents of the locality or existing IL-24 licensees, who are aggrieved by the revisional orders of the State Government, by which, orders of cancellation of particular licences during the year 1998-99 by the concerned Excise Superintendents, have been invalidated. Some of the writ petitions are against revisional orders directed against no orders of cancellation, but against non-grant of licences for the current Excise Year, to such of those licensees who have surrendered their licences and have also withdrawn the proportionate licence fee for and during the year 1998-99. All these orders of the State Government are passed in purported exercise of the revisional power available under Section 64 of the A.P. Excise Act, 1968 (for short' the Act').WP. ...
Andhra Sales Tax Practitioners and Consultants Association Vs. Anantha ...
Court: Andhra Pradesh
Decided on: Nov-27-2001
Reported in: 2002(1)ALD370; 2002(2)ALT250
S.R. Nayak, J. 1. In these writ petitions, the constitutional validity of Sub-rule (5-A) of Rule 17 of A.P. General Sales Tax Rules, 1957 (for short, APGST Rules) as inserted by way of amendment vide G.O. Ms. No. 816 Revenue (CT. II) Department dated 15-11-2000 is assailed. The first petitioner in WP No.20211 of 2001 is the Andhra Sales Tax Practitioners and Consultants Association whereas petitioners 2 and 3 are Sales Tax Practitioners. The petitioners, 23 in all, in WP No.20152 of 2001 are the traders and registered dealers under the A.P. General Sales Tax Act, 1957 (for short, APGST Act.)2. The following are the material averments in the affidavit filed in support of Writ Petition No.20211 of 2001.(i) Section 35 of APGST Act provides that any person who is entitled to appear before any authority may be represented, inter alia by a Sales Tax Practitioner who is duly authorized in writing in this behalf. Under the provisions of Rule 63 of the APGST Rules, 1957, the procedure for regis...
Yeduru Sreenivasulu Reddy Vs. the State of Andhra Pradesh Represented ...
Court: Andhra Pradesh
Decided on: Nov-27-2001
Reported in: 2002(1)ALD(Cri)347
ORDER1. The petitioner herein was prosecuted for the offence under Section 34(a) of the A.P. Excise Act, 1968 (for brevity the Act) in CC No. 442 of 1996 before the learned Special Judicial Magistrate of I Class for Prohibition and Excise Offences, Cuddapah, on the allegation that on 19.9.1993 at about 10.00 p.m. on suspicion, the Excise Inspector, Proddatur, alongwith his staff and Sub-Inspector of Police, Proddatur II Town intercepted the jeep of the petitioner bearing No. TCK 1728 coming from Jinnah Road towards Mydukur and on verification found 18 card board boxes containing different varieties of liquor, which was non-duty paid and the petitioner failed to produce either permit or licence for transporting the contraband. Therefore, they arrested the petitioner, seized the property under cover Special Report, drawn samples from each variety and send it to the Chemical Examiner. The Analysis Report revealed that the samples are beer and Indian Liquor. Therefore, the petitioner was c...
Nagasuri Subba Rao Vs. Nagasuri Kameswaramma and ors.
Court: Andhra Pradesh
Decided on: Nov-26-2001
Reported in: AIR2002AP237
ORDERP.S. Narayana, J.1. C.R.P. No. 1619/98 is filed by the revision petitioner-wife aggrieved by an order dated 12-9-1997 passed in E.P. No. 48/96 in O.S. No. 23/84 on the file of the Subordinate Judge, Addanki. C.R.P. No. 4782/97 is filed by the revision petitioner husband aggrieved by an order dated 12-9-1997 passed in E.P. No. 17/91 in O.S. No. 23/84 on the file of the Subordinate Judge. Addanki. Since, both the revision petitions are inter-connected, they are being disposed of by a common order.2. The facts in brief are as follows :The revision petitioner-wife in C.R.P. No. 1619/98 filed E.P. No, 48/96 in O.S.No. 23/84 on the file of the Subordinate Judge, Addanki along with her daughter for execution seeking relief of realisation of the E. P. amount by way of attachment of the amount of Rs. 1,41,612/- lying in the Court deposit, which represents the surplus sale proceeds realised by sale of the charged property. The revision petitioner-husband in C.R.P. No. 4782/97 filed E.A. No....
Simplex Concrete Piles (India) Ltd. Vs. Commercial Tax Officer and anr ...
Court: Andhra Pradesh
Decided on: Nov-26-2001
Reported in: [2006]143STC81(AP)
ORDERMotilal B. Naik, J.1. The petitioner seeks a writ of mandamus or any other appropriate writ or direction declaring G.O. Ms. No. 739 dated October 17, 2000 as illegal and ultra vires the powers of the second respondent in so far as it supersedes G.O. Ms. No. 187 dated April 3, 2000 with retrospective effect and strike down G.O. Ms. No. 739 dated October 17, 2000 to the extent of such retrospectivity and consequently declare that the petitioner is entitled to claim reduction of tax paid on purchase of cement in excess of 4 per cent from the tax payable by it on execution of works contract as provided under G.O. Ms. No. 187 dated April 3, 2000 for the period from April 3, 2000 to October 31, 2000.2. The petitioner is a registered dealer on the rolls of the first respondent under the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the Act') and the Central Sales Tax Act, 1956. The petitioner is engaged in the business of executing works contracts, civil as well...
U. Govinda Rao and ors. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-23-2001
Reported in: 2002(1)ALD347; 2002(1)ALT713
S.B. Sinha, C.J.ISSUE:1. In these writ petitions the validity of G.O.Ms.No.54, Irrigation (Ser.IV-2) Department, dated 15.2.1983 has been questioned.HISTORY:2. There was single Engineering Department in the State of Andhra Pradesh for executing various works in different fields. The Madras Engineering Service Rules issued in G.O.Ms.No.2690, dated 28.9.1953 were made applicable to the Engineers of Andhra State prior to formation of State of Andhra Pradesh. The said rules were followed even after the formation of Andhra Pradesh State.3. The Madras Engineering Subordinate Service Rules issued in G.O.Ms.No.2732 dated 30.9.1953 are followed in the State of Andhra Pradesh with certain amendments from time to time. The post of Supervisor was included as Category 1 of Branch 1 to which the qualifications of Degree in Engineering and also Diploma in Engineering were prescribed. The Supervisors possessing degree qualification were called as Junior Engineers and whereas others as Supervisors, acc...
Pulusam Krishna Murthy Vs. T. Sujan Kumar and ors.
Court: Andhra Pradesh
Decided on: Nov-23-2001
Reported in: 2002(1)ALD423; 2002(2)ALT77
S.B. Sinha, C.J.1. These writ petitions involving common questions of fact and law were heard together and are being disposed of by this common judgment. The controversy centres round the validity of the notification issued in G.O.Ms.No. 3, SocialWelfare (TW.EDN. II) Department dated 10-1-2000.Facts in Brief :2. The fact as stated in Writ Petition No. 19392 of 2000 are being considered for the purpose of deciding the questions involved.3. The writ petition is directed against the judgment and order dated 19-9-2000 passed by the A.P. Administrative Tribunal in OA No. 2138 of 2000 whereby and whereunder the learned Tribunal allowed the OA., field by the respondents 1 to 5 herein and quashed G.O.Ms.No. 3, dated 10-1-2000, wherein it was directed that the posts of teachers in the Schools in the Scheduled Areas in State shall be filled in by the local Scheduled Tribe candidates only out of whom 33 1/3% shall be women.4. The writ petitioners challenged the impugned order of the learned Tribu...
State: A.C.B. Represented by Inspector of Police, Anti Corruption Bure ...
Court: Andhra Pradesh
Decided on: Nov-23-2001
Reported in: 2002(1)ALD(Cri)1; 2001(6)ALT401; 2001(2)ALT(Cri)540
B. Sudershan Reddy, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure (for short 'the Code') by the State - A.C.B. represented by the Inspector of Police, Anti Corruption Bureau, Rajahmundry Range, Kakinada to quash or expunge the statement of one P. Seshagiri Rao, respondent No. 1 herein, recorded by the III Additional Judicial Magistrate of First Class, Kakinada in Crl. M.P. No. 2341 of 1999 on 30th October, 1999 in connection with Crime No.6/RC-RJY/99 of A.C.B., Rajahmundry Range, Kakinada, East Godavari District.2. Before adverting to the question as to whether the petitioner is entitled for any relief in this application, it may be necessary to briefly notice the relevant facts.3. On 29-4-1999, the first respondent herein who was working as Health Assistant of Pithapuram Municipality at the relevant time, gave a written report to the Deputy Superintendent of Police, A.C.B., Rajahmundry alleging that the second respondent-Commissioner, Pithapuram...
Sundarapalli Srinivas Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Nov-23-2001
Reported in: 2002(1)ALD(Cri)576; 2002(1)ALT(Cri)321; II(2002)DMC258
D.S.R. Varma, J.1. This criminal appeal is filed by the accused convict against the judgment of the learned III Additional Sessions Judge, Kakinada rendered in Sessions Case No. 301 of 1995 dated 9.5.1997 convicting him for the offence under Section 304-B of I.P.C. and sentencing him to undergo (a) seven years rigorous imprisonment for the offence under Section 304-B of I.P.C; (b) five years rigorous imprisonment and to pay a fine of Rs. 15,000/- in default to suffer simple imprisonment for one year for the offence under Section 3 of the Dowry Prohibition Act; and (c) two years rigorous imprisonment and to pay a fine of Rs. 5,000/- in default to suffer simple imprisonment for three months for the offence under Section 4 of the Dowry Prohibition Act. The learned Judge further directed the sentence of imprisonment to be run concurrently. Further out of the fine amount imposed under Section 3 of the Dowry Prohibition Act an amount of Rs. 11,000/- was ordered to be paid to P.Ws. 1 and 2 th...
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