Andhra Pradesh Court December 2001 Judgments
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K. Pavan Vs. Special Executive Magistrate, Office of the Collector and ...
Court: Andhra Pradesh
Decided on: Dec-07-2001
Reported in: 2001(6)ALT617
B. Sudershan Reddy, J.1. The petitioner in the instant writ petition prays for issuance of an appropriate writ, particularly, one in the nature of Mandamus directing the respondents to preserve the disputed property bearing No.10-2-91/87, Road No.3, West Marredpally, Secunderabad as per the proceedings of the first respondent in M.C.No.B/60/1989, dated 12-6-1995. The petitioner also prays for issuance of appropriate directions to initiate action against the persons responsible for changing the nature of the property.2. There is any amount of dispute between the parties in respect of the property bearing No.10-2-91/87, Road No.3, West Marredpally, secunderabad (for short 'the said property'). The petitioner and respondents 6, 7 and 8 exclusively claim the proprietary rights over the said property. Even according to the averments made in the affidavit filed in support of the writ petition, the said property belongs to one late Smt. P. Anjanamma, widow of late Guru Swamy Naidu. The said A...
India Rural Reconstruction and Disaster Vs. Government of India and or ...
Court: Andhra Pradesh
Decided on: Dec-06-2001
Reported in: 2002(1)ALD792; 2002(1)ALT131
Ar. Lakshmanan, C.J.1. Heard all the parties.2. The Programme Manager of the petitioner - Society has preferred the writ petition to declare the action of the Government of India in issuing the impugned letter No.J 170-11/40 dated 13-3-1997 and all consequential orders and actions as illegal, arbitrary and violative of the Environment Protection Act, 1986 (for short 'the Act') and the Rules made thereunder, and to set aside the same.3. It is useful to notice the averments made in paragraphs 4 and 5 of the writ petition, which are summarised hereunder.Various creek, canal, esturies, backwaters and rivers in the coast are lifeline of the fisherfolk providing not just a means of transport, but supporting micro organisms, marine biological sources and birds that are dependent on each other and live in harmony. Being rich and productive habitats, they attract variety of organisms. Mangroves forests are found in inter-tidal regions including the estuaries, which serve as shoreline stabiliser...
Thimmiah Vs. Additional Industrial Tribunal-cum-additional Labour Cour ...
Court: Andhra Pradesh
Decided on: Dec-06-2001
Reported in: 2002(1)ALD314; 2001(6)ALT689; [2002(92)FLR807]
S.R. Nayak, J.1. The petitioner while serving as Composer in the establishment of the 2nd respondent absented himself from duty unauthorisedly from 12-6-1985 to 22-6-1985. In the circumstances the 2nd respondent issued a Memo dated 22-6-1985 which reads as under:'It is noticed from the records that you have abstained from duty from 12th of June 1985 till date without intimation of whatsoever. Absenting from duty without intimation for 8 consecutive days amounts to desertion of services, for which yon name could have been struck off from the rolls. Moreover, this is not the first time for you to do so. Earlier, you were issued several memos for the same lapse and warned several times, by way of giving you chances to improve your attendance and to overcome this habit of habitual absence. But you have failed to refrain from this habit. Hence, you are directed to report to the undersigned immediately on receipt of this memo, failing which your name will be struck off from the rolls for des...
S. Ratnamma Alias S. Raheema Bee Vs. S. Shiva Prasad and ors.
Court: Andhra Pradesh
Decided on: Dec-06-2001
Reported in: AIR2002AP111
ORDER1. This petition is tiled questioning the election of the 1st respondent to Satyavedu (Scheduled Caste) Constituency of A. P. Legislative Assembly that took place on 5-9-1999. with a prayer to direct the Election Commission to conduct fresh election to that Constituency.2. The case, in brief, of the petitioner is that she belongs to Scheduled Caste Community and during the A. P. General Assembly Elections scheduled to be held on 5-9-1999 to 136-Satyavedu (Scheduled Caste) Constituency, she filed her nomination on 18-8-1999 along with 'B' Form issued by Anna Telugu Desam Party, after fulfilling all the formalities. She also took oath on 18-8-1999, as required, as S. Ratnamma, wife of Chand Basha, enclosing the Marriage Certificate issued by Nayab-e-Government Kazi, Srikalahasti, a Caste Certificate etc. which all show her alias as Ratnamma. her maiden name. Though after her marriage with Chand Basha, she changed the name as Raheema Bee, she continues to belong to Mala Caste, which ...
Prabhat Talkies, Mvp Colony, Visakhapatnam Vs. Appellate Deputy Commis ...
Court: Andhra Pradesh
Decided on: Dec-05-2001
Reported in: 2002(1)ALD693
ORDER1. Heard Smt K. Uma for the revision petitioner and also the learned Government Pleader for Commercial Taxes.2. The Civil Revision Petition is filed under Section 9-D of the A.P. Entertainment Tax Act, 1939. The revision petitioner had filed the Civil Revision Petition as against the order of the Appellate Deputy Commissioner (CT), Kakinada, at Visakhapatnam, on 9-10-2000 passed in Appeal No. VSP 9/95-96 (APET).3. The facts in brief are that the revision petitioner was an exhibitor of films paying tax under A.P. Entertainment TaxAct, 1939 (hereinafter referred to as 'Act' in short for the purpose of convenience) during the years 1986-87 to 1988-89 and the petitioner was paying entertainment tax under Section 5 (1) of the Act. It is also stated that for the year 1987-88, the weekly tax was Rs. 9,226/- and for the year 1988-89, the weekly tax was Rs. 14,527/- and during the relevant period, rebate was permissible at 20% to 50% for screening second run and repeat run Telugu films, wh...
New Bhoiguda Mosque and Grave Yard Committee Vs. District Collector, H ...
Court: Andhra Pradesh
Decided on: Dec-05-2001
Reported in: 2002(1)ALD790; 2001(6)ALT794
Ar. Lakshmanan, C.J.1. This writ appeal is directed against the order dated 18-6-2001, passed by a learned Judge of this Court, dismissing the writ petition being WP No. 4376 of 1990, filed by the appellant, impugning the notification dated 12-4-1984 issued by the Commissioner, Municipal Corporation of Hyderabad (for short 'the Corporation'), in purported exercise of his power under Section 3(1) of the Andhra Pradesh Slum Improvement (Acquisition of Land) Act, 1956 (for short the Act'), proposing to acquire an extent of 3000 Sq.yds. of land.2. The appellant claims to be the owner and possessor of an extent of Ac. 1-24 guntas of land in Sy. No. 887, being the Wakf property. Before the learned single Judge, it was contended on behalf of the petitioner-appellant that before issuing the impugned notification, no notice as contemplated under Section 2(3) of the Act was issued to the petitioner, and that the impugned notification is contrary to the spirit of the judgment, dated 21-4-1987, pa...
St. Joseph Educational Society, Kurnool Vs. Government of Andhra Prade ...
Court: Andhra Pradesh
Decided on: Dec-05-2001
Reported in: 2002(2)ALD53; 2002(2)ALT763
ORDERN.V. Ramana, J.1. This petitioner St. Joseph Educational Society, Kurnool (for short 'the Society'), represented by its Secretary-cum-Treasurer, has filed this writ petition questioning the Memorandum Roc. No. 110/ H/92-2 MA, dated 29-10-1992 issued by the 1st respondent-Secretary, Municipal Administration and Urban Development, Government of A.P., insofar as it relates to imposition of a condition that the petitioner-society should surrender the portion of the land, which is to be affected in the proposed 100 feet road widening programme as per the Master Plan of Kurnool Town, as illegal and arbitrary, and consequently to set aside the same.2. Briefly stated, the facts of the case are as follows:3. The petitioner-society for the purpose of establishing a Junior College, purchased agricultural land in an extent of Ac.6-81 cents in Sy Nos. 10/1 and 2 abutting Kurnool-Sunkesula road with compound wall, from M/s. U. Pratap and U. Shilpa under an agreement of sale, and took the posses...
Kotla Sudheer Kumar Vs. Mallavarapu Jojayya @ Jojaiah Chowdary
Court: Andhra Pradesh
Decided on: Dec-05-2001
Reported in: 2002(2)ALD715
ORDERS. Ananda Reddy, J.1. This revision petition is directed against the order of the learned District Judge, Guntur dated 13th March, 2001 in OS No. 30 of 1998 in determining the disputed document as an acknowledgment of debt and therefore the same is not liable to any stamp duty and accordingly overruled the objections of the plaintiff.2. The petitioner/plaintiff filed the suit for recovery of certain amount based on vouchers said to have been executed by the defendant, not only in the name of the plaintiff but also in the name of some other persons. In the said suit, the defendant's case is that in respect of various vouchers, cheques were issued for repayment and in the process of encashment of the blank cheques issued, the amount drawn by the plaintiff in the present suit and the other connected suits have exceeded the amount and therefore the plaintiff executed a letter. The plaintiff in the other suit T. Nayarana Rao executed a document as per the settlement between the parties...
United India Insurance Co. Ltd., Armoor Branch, Nizamabad Dist. Vs. Ko ...
Court: Andhra Pradesh
Decided on: Dec-05-2001
Reported in: 2003ACJ203; 2002(2)ALD811
ORDERN.V. Ramana, J, 1. This CMA is filed by United India Insurance Company Limited (for short ('the Insurance Company') questioning the order and decree passed by the Motor Accidents Claims Tribunal, Adilabad (for short 'the Claims Tribunal').2. The respondents 1 to 5-claimants laid a claim before the Claims Tribunal under Section 166(17)(c) of the Motor Vehicles Act, 1988 (for short 'the MV Act'), claiming compensation of Rs. 2.50 lakhs on account of the death of one K. Anand, who is the husband of the 1st claimant, father of the 2nd claimant, brother of the 3rd claimant and son of claimants 4 and 5.3. The facts leading to the filing of the claim are as follows:4. The deceased namely K. Anand is the driver of the lorry bearing No. AP-25-T-1452. On 5-2-1995, while on his way from Nagpur to Nizamabad, and on reaching Chincholi village X Road, he lost control over the lorry and rammed into an oncoming lorry bearing No. ATJ 407 (hereinafter referred to as 'the opposite lorry'). The decea...
Asia Pacific Investment Trust Ltd. (In Liquidation) Vs. Shaw Wallace a ...
Court: Andhra Pradesh
Decided on: Dec-05-2001
Reported in: [2002]110CompCas58(AP); [2002]254ITR750(AP)
Chelameswar, J. 1. This is an application filed by the official liquidatorunder Section 446(2)(b) of the Companies Act, 1956, with a prayer as follows :'(i) to direct the respondent herein to pay to the applicant herein a sumof Rs. 11,60,461 along with interest at 18 per cent, per annum with effect fromAugust 19, 1998, till the date of realization; (ii) order the costs of this application to come out of the assets of the company.' 2. By an order dated August 19, 1998 made in Company Petition No. 84 of 1997, this court directed that the company known as Asia Pacific Investment Trust Limited be wound up and the official liquidator attached to this court was appointed to be the liquidator of the said company. The liquidator, on examination of the records of the company, came to the conclusion that the respondent herein owes an amount of Rs. 11,60,461 along with interest with effect from August 19, 1998, to the company in liquidation, and therefore called upon the respondent by his notice...
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