Andhra Pradesh Court November 2001 Judgments
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Milap Chand JaIn and ors. Vs. Smt. Maturi Damayanthi
Court: Andhra Pradesh
Decided on: Nov-23-2001
Reported in: 2002(3)ALT388
ORDERP.S. Narayana, J.1. The revision petitioners are the appellants in R.CA.No. 15/99 on the file of the Senior Civil Judge-cum-Rent Control Appellate Authority, Vizianagaram. The appeal was filed Under Sections 20 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 against an order of the learned Rent Controller, Vizianagaram, dated 16-12-1999, holding that Ex. A-8, dated 15-3-1989, is not a lease deed in R.C.C.NO. 24/97 on the file of the learned Rent Controller while examining P.W. 1, the petitioner in the R.C.C. - respondent in the appeal and also in the present revision.2. Mrs. Rajeshwari representing Sri Venugopal, the learned Counsel appearing for the respondent in the C.R.P. had raised a preliminary objection relating to the maintainability of the C.R.P. Under Sections 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960. The learned Counsel had contended that an order admitting a document is only an interlocutory order more concerned to the pro...
G. Lakshmi Reddy and ors. Vs. Principal Secretary to Government, Irrig ...
Court: Andhra Pradesh
Decided on: Nov-23-2001
Reported in: 2002(1)ALT415
S.B. Sinha, C.J.1. This Writ Petition is filed by the employees working in Srisailam Project area for a declaration that they are entitled to the Special Allowances by way of Construction Allowance, Bad Climate Allowance and Special Compensatory Allowance without reference to the place of their residence or location of their offices and their work spot being notified as scheduled area or not ignoring the Order of the Andhra Pradesh Administrative Tribunal in O.A.Nos. 132 of 1992 and batch dated 21-4-1992 and for a further declaration that G.O.Ms.No. 272 Finance and Planning (FW.T.A.) Department dated 7-7-1993 and the consequential Memo No. 35571/218/A3/ TA/93 dated 3-11-1993 issued by the Government ordering recovery of such allowances as inoperative and invalid and for a direction to the respondents to pay the aforesaid allowances from June, 1985 onwards and to continue to pay them with all consequential arrears.REASONS FOR REFERENCE:2. When the Writ Petition came up for hearing befor...
G. Nagaraj Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Nov-23-2001
Reported in: 2002(1)ALD(Cri)73; 2002(1)ALT(Cri)104; 2002CriLJ1980
ORDERV. Eswaraiah, J.1. The petitioner filed this criminal petition under Sections 451 and 482 of Criminal Procedure Code to set aside the order dated 20-8-2001 in Crl. M.P. No. 2191/2001 in Crime No. 137/2001 on the file of the P.S. Shahinayathgunj made by the learned Metropolitan Magistrate, Hyderabad and also to modify the order made in Criminal Revision Petition No. 321/2001 dated 15-11-2001, made by the learned Additional Metropolitan Sessions Judge, directing the P.S. Shahinayathgunj, Hyderabad, to release the vehicle in favour of the petitioner.2. The petitioner submits that he is the registered owner of the auto bearing No. AP-10-U-1248 and the said vehicle has been seized while the auto driver and two other members were found carrying ID liquor sachets in the said vehicle and a case has been registered in Crime No. 137/2000 for the offence under Section 8(b) of A.P. Prohibition Act. Though the petitioner is not directly involved in the alleged crime, his name was arrayed as ac...
B. Balaji and anr. Vs. Govt. of A.P., Panchayat Raj Dept. and ors.
Court: Andhra Pradesh
Decided on: Nov-23-2001
Reported in: 2002(3)ALT14
S.B. Sinha, C.J.1. The short question involved in this writ petition is whether it is open to the State to reserve the Post of Chairperson, Singareni Mandal Parishad in favour of a B.C. (Woman) whereof 12 out of 13 mandal territorial constituencies fall within the scheduled area.2. This writ petition has been filed to declare the reservation of the post of President of Mandal Parishad, Singareni in favour of Backward Class Woman as illegal being contrary to the A.P. Panchayat Raj Act, 1994 and Articles 242 (D) and (M) (sic. 243-D and 243-M) of the Constitution of India and consequently to declare the election of fifth respondent as illegal.3. The petitioners herein belong to Scheduled Tribe community and are residents of a village under Singareni Mandal, which has got 13 territorial constituencies. According to them, the entire Singareni Mandal, except Singareni village, falls in agency/scheduled area.4. The District Collector, Khammam had determined the number of members for the offic...
P. Sai Lakshmi Vs. Patram Venkata Rao and ors.
Court: Andhra Pradesh
Decided on: Nov-22-2001
Reported in: 2002(1)ALD623; 2001(6)ALT630
S.B. Sinha, C.J.QUESTION:1. Whether the provisions of the Limitation Act, 1963 would apply to an election petition filed under Section 71(2) of the Hyderabad Municipal Corporation Act, (hereinafter referred to as 'the Corporation Act') is the question involved in this application.FACTS:2. An election to the Visakhapatnam Municipal Corporation was held on 9-3-2000. The petitioner herein was declared elected on 11-3-2000. Questioning the said election a writ petition was filed which was marked as writ petition No. 8305 of 2000 on 8-5-2000 purported to be on the ground that at the relevant time no election tribunal was functioning. The said writ petition came up for admission before a learned single Judge of this Court on 9-5-2000. At the time of hearing of the said matter a notification in G.O.Ms. No. 273, dated 8-5-2000 constituting election tribunal was produced whereupon this Court directed:It is submitted by the learned Government Pleader for GAD that the Government has already const...
State of Andhra Pradesh Vs. Bondapalli Sanyasi and ors.
Court: Andhra Pradesh
Decided on: Nov-22-2001
Reported in: 2002(2)ALD1; 2002(1)ALT543
Bilal Nazki, J, 1. A decree was passed in OS.No. 90 of 1981 declaring thatplaintiffs are entitled to possession and enjoyment of the suit land until evicted by due process of law. The Government was also ordered to pay Rs. 47,786/- towards damages for use and occupation of suit land for three years, and Rs. 15,562/- towards subsequent damages. The plaintiff as well as defendant both filed appeals in this Court. The plaintiffs appeal was numbered as A.S.No. 2541 of 1986 and the appeal filed by the State was numbered as A.S. No. 697 of 1985. Unfortunately only the appeal No. 2541 of 1986 was listed before a Division Bench of this Court and it was not pointed out to the Division Bench by either of the parties that another appeal challenging the same judgment has been filed by the State and was pending in the Court. The Division Bench delivered the judgment on 17-7-1996. It allowed the appeal and granted compensation of Rs. 2,700/- per acre with interest @ 4%. Thereafter the appeal No. 697...
G. Anantha Reddy Vs. Andhra Pradesh Administrative Tribunal, Hyderabad ...
Court: Andhra Pradesh
Decided on: Nov-22-2001
Reported in: 2002(1)ALD4; 2002(1)ALT279
Sinha, C.J. 1. All these writ petitions arising out of common order of the A.P. Administrative Tribunal in O.A. No.2139 of 2001 and batch-dated 28.6.2001 were taken up for hearing together and are being disposed of by this common judgment.ISSUE 2. The core issue involved in these writ petitions is whether the transfer of the Inspectors of police to the unit of Hyderabad City Police from other zones or the transfer of Inspectors of Police from one zone to another, as the case may be, made on administrative grounds and in public interest was on permanent basis and consequently they are entitled to take their respective seniority in the units to which they were transferred and whether they can be repatriated back to their parent zones?Preview of the relevant provisions of the Presidential order and consequential orders issued by the Government:3. Pursuant to Six Point Formula agreed upon by various political leaders of the State, by Constitution 32nd AmendmentAct, the Parliament introduce...
H. Kondal Reddy Vs. Central Bank of India, Hyderabad and anr.
Court: Andhra Pradesh
Decided on: Nov-22-2001
Reported in: 2002(1)ALD280; 2002(1)ALT135; [2002(93)FLR245]
S.B. Sinha, C.J.1. Whether an appeal against an order refusing to review a judgment passed by this Court lies is the question involved in this writ appeal.FACTS:2. The appellant filed a petition in WPMP (Sr.) No. 139192 of 2000 to review the judgment dated 10-9-1999 passed in Writ Petition No.4409 of 1994 by a learned single Judge of this Court. The learned single Judge dismissed the review petition holding that the appellant has to pursue the remedy before the appellate forum and not by review application.3. The appellant herein was appointed as Sub-staff in 1973 in the first respondent-Bank. He was promoted as Assistant Cashier-cum-Godown Keeper in 1978. He was charge sheeted for misappropriating a sum of Rs. 50,025-00 on 21-5-1984 while officiating as Chief Cashier of Ranijgunj Branch. The appellant pleaded guilty in the domestic enquiry and was found guilty of misconduct. On 21-6-1985 a notice was issued calling upon him to show-cause as to why he should not be dismissed from servi...
Bhavani Shanker Trading Company Vs. Commissioner of Commercial Taxes, ...
Court: Andhra Pradesh
Decided on: Nov-22-2001
Reported in: 2002(1)ALD343
S. Ananda Reddy, J.1. This is an appeal is filed by the dealer aggrieved by the order of the Commissioner of Commercial Taxes dated 23-4-1994 for the assessment year 1986-87.2. The appellant is a registered dealer both under the Andhra Pradesh General Sales Tax Act, 1957 (for short 'APGST Act') as well as Central Sales Tax Act, 1956 (for short 'CST Act'). It was a dealer in the purchase and sale of cashew nuts on his own account as well as for and on behalf of non-resident principals. The dispute relates only to the assessment under the CST Act. In the assessment proceedings the Assessing Officer found that the appellant purchased 2,211 bags of cashew nuts on his own account. But as per the statement of the dealer in respect of the said purchases invoices were issued by the dealer to the non-resident principals and the entire stockshave been despatched to the principals at Kerala or in some other State. The Assessing Officer also found that the appellant had effected sales and purchase...
Srinivasa Resorts Limited and anr. Vs. State of Andhra Pradesh and ors ...
Court: Andhra Pradesh
Decided on: Nov-22-2001
Reported in: 2002(1)ALD598; 2002(1)ALT738
S.B. Sevha, C.J. 1. Constitutionality of Sub-sections (3) and (4) of Section 47 of the A.P. Shops and Establishment Act, 1988 (for short 'the Shops Act') is in question in this writ petition.FACTS:2. The petitioner-company, 'Srinivasa Resorts Limited', engaged in the business of managing and running hotels, is a company incorporated under the provisions of the Companies Act, 1956. The petitioner has a hotel in the name and style of 'ITC Kakatiya Sheraton' and is being run by ITC 'Hotels Limited, another company incorporated under the Companies Act. The said hotel was also registered under the provisions of the Shops Act.3. 3rd respondent is the Union of employees and workers of the said hotel. It is alleged that the 2nd respondent at the instance of 3rd respondent union visited the hotel on 31-5-2001 and as required by the 2nd respondent, the petitioner furnished information regarding the employees whohad left the service of the hotel during the last 2-3 years and the amounts paid to t...
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