Andhra Pradesh Court February 2001 Judgments
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C. Ramakrishna Vs. Maqsood Ali Khan
Court: Andhra Pradesh
Decided on: Feb-06-2001
Reported in: 2001(2)ALD524; 2001(2)ALT469
ORDER1. The learned Counsel for the respondent at the threshold raised an objection as to the maintainability of civil revision petition filed under Article 227 of the Constitution of India against the interlocutory order passed by the learned Rent Controller. The learned Counsel for the respondent would place reliance upon a Division Bench judgment of this Court in Chaganlal (died) Sardarilal v. N. Pershad, 1972 (1) APLJ 343, in support of his submission.2. The learned Counsel for the petitioner, Sri Bajrang Sing Thakur, would place reliance upon a judgment of this Court in M. Nagender Rao v. B.M. Lakshmaiah, 1996 (1) ALD 964. In the said judgment, a learned single Judge of the Court after an elaborate consideration of the matter and after referring to the judgments In re Saleem Bin Ahmed, 1964 (1) An.WR 169 and Chaganlal (died) Sardarilal v. N. Pershad (supra) declared the law in the following terms:'An order either allowing or refusing an amendment is only a procedural in nature as ...
Akula Seshamma Vs. P. Eswaraiah and Others
Court: Andhra Pradesh
Decided on: Feb-06-2001
Reported in: 2001(2)ALD608; 2001(2)ALT477
ORDER1. This common order shall dispose of both the CRPs as the questions of law and fact are common to both, CRP No.2732 of 2000 is filed against the order dated 23-6-2000 in IA No.114 of 2000 in OS No.4 of 2000 and CRP No.2749 of 2000 is filed against the order dated 23-6-2000 in IA No.116 of 2000 in OS No.31 of 1995 on the file of the Court of the senior civil Judge, Rajampet. By these impugned orders, the lower Court ordered to implead one Akula Seshamma, wife of late Akula Subbarayudu, the first respondent in both the CRPs as party defendant to Os No.4 of 2000 as well as Os No.31 of 1995. The impugned orders are assailed in these CRPs as vitiated by improper exercise of jurisdiction vested in the trial Court under Order 1, Rule 10 (2) of the Code of Civil Procedure, 1908 ('CPC' for brevity).2. Succinctly stated, the facts in brief are as follows. The petitioner in CRP No.2749 of 2000 filed OS No.31 of 1995 on the file of the Court of the senior civil Judge, Rajampet for specific p...
R.P. Meena Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Feb-06-2001
Reported in: 2001(2)ALD143; 2001(2)ALT103
ORDERS.B. SINHA, CJ.1. The petitioner in this writ petition questions the interlocutory order dated 23-1-2001 passed by the Central Administrative Tribunal, Hyderabad bench, Hyderabad in OA No.92 of 2001 whereby and whereunder the interim prayer for stay of the disciplinary proceedings made by the petitioner has not been acceded to.2. The main thrust of the long submission of Mr. N. Ramamohan Rao, learned Counsel appearing on behalf of the petitioner is that the petitioner had carried out the directions of this Court and in a proceedings before the Supreme Court of India he has annexed a copy of a document which he had received from somebody and the same cannot be said to be a misconduct. We, in this proceeding, are not called upon nor are competent to pronounce a judgment on the aforementioned submission.3. The question as to whether the petitioner has committed misconduct or as to whether the departmental proceedings should proceed or not is now pending consideration before the Centr...
Coramandal Wine Corporation Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Feb-06-2001
Reported in: [2006]143STC130(AP)
S. Ananda Reddy, J.1. This tax revision case is at the instance of the assessee-dealer aggrieved by the order of the Sales Tax Appellate Tribunal, dated April 28, 1993 in T.A. No. 154 of 1993 whereunder the appeal filed by the dealer against the order of penalty levied by the Deputy Commissioner (CT), Vijayawada, was confirmed.2. The petitioner is a dealer in liquor and beer during the assessment year 1981-82. The Commercial Tax Officer-VI, Vijayawada, framed the assessment on a net turnover of Rs. 4,61,640. However, subsequently the Deputy Commissioner (CT), Vijayawada, on the scrutiny of assessment records had noticed that the assessee suppressed the sale of beer to a tune of Rs. 1,75,860. Therefore, investigation was taken up and collected the particulars of sales and purchases. As per the information obtained, it was found that the net purchases of beer was of the value of Rs. 4,62,125, but the relative sales were shown as Rs. 4,61,640 and sales tax was paid only on that amount. It...
Tatina Subbalakshmi and Another Vs. Tatina Venkatakrishna Rao
Court: Andhra Pradesh
Decided on: Feb-05-2001
Reported in: 2001(2)ALD583
1. These two applications are at the instance of the wife and daughter of the respondent herein seeking transfer of OS No.330 of 1991 and OS No.70 of 1997 respectively from the files of the I Additional District Munsif and Sub-Court, Tanuku in West Godavari District the competent Courts at Rajahmundry.2. The petitioners claim to be the residents of Katheru, Rajahmundry. The suit in OS No.330 of 1991 was filed by the respondent seeking a declaration that the marriage between the respondent and the petitioner No. 1 is void since he is a Christian and the wife is a Hindu and the marriage was performed as per Hindu rites and not as per the Special Marriage Act. It appears that the respondent had already obtained divorce on the ground of desertion. According to the petitioner No. 1, the sole intention of the respondent is to obtain a declaration that the petitioner No.2 is an illegitimate daughter. The petitioner No.2 attained majority on 27-4-2000.3. The suit in OS No.70 of 1997 is filed s...
The Workmen rep. by A.P. Struggle Committee of A.P.S.E.B. Worker's Uni ...
Court: Andhra Pradesh
Decided on: Feb-05-2001
Reported in: 2001(2)ALT496a; [2001(90)FLR1078]; (2001)IILLJ434AP
Satyabrata Sinha, C.J.1. Having regard to the fact that no notification in terms of Section 10(1) of the Contract Labour (Regulations and Abolition) Act, 1970, has been issued, and also the fact that the members of the appellant-Union have failed to prove by adducing cogent evidence that the respondent No.2-Board was, in pith and substance, their employer, we are of the opinion that the question of granting any relief in their favour for absorption in the Board's service does not arise having regard to the decision of the apex Court in GAYMON INDIA LTD v. UNION OF INDIA, AIR 1974 SC 760. Further more, the continuation in service for a number of years does not change the status of person in view of the decision in STATE OF M.P. AND ORS. VS. DHARAM BIR, : [1998]3SCR511 . 2. For the afore-mentioned reasons, we dismiss the writ appeal. No costs....
Manthena Suryanarayana Raju Vs. President, the Kopalle Co-op. Rural Ba ...
Court: Andhra Pradesh
Decided on: Feb-05-2001
Reported in: 2001(2)ALT28
Satyabrata Sinha, C.J.1. Having heard the learned Counsel for the parties, we are of the opinion that the purported order passed by the General Manager of the Financing Bank deputing the fifth respondent as the Secretary in the first respondent-Bank cannot be sustained since it has not been passed by the Registrar of the Co-operative Societies. The Cooperative Societies, in the State of Andhra Pradesh, are governed by a statute, viz., A.P. Co-operative Societies Act, 1964, and the statutory functionaries must act within the four corners of the statute. If there does not exist any provisions in the statute, then the Financing Bank can depute any other person at the request of another Cooperative Society. We are, therefore, of the opinion that the order appointing the fifth respondent as the Secretary of first respondent-Bank cannot be sustained.2. For the aforementioned reasons, the impugned order under appeal passed by the learned Single Judge cannot be sustained. It is accordingly set...
G. Venkatachandra Reddy and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Feb-05-2001
Reported in: 2001(1)ALD(Cri)727; 2001(1)ALT(Cri)324; 2001CriLJ2630
T. Ch. Surya Rao, J.1. This appeal has been filed by accused Nos. 1 to 4 assailing the convictions and sentences passed against them by the learned Additional Sessions Judge, Mahabubnagar, by his judgment dated 5-3-1997 in Sessions Case No. 307 of 1993.2. The appellants-accused Nos. 1 to 4 stand convicted for the offence punishable under Section 304-B of the Indian Penal Code ('the IPC for brevity) and each one of them sentenced to suffer Rigorous Imprisonment for ten years.3. The gravamen of the charge against them was that A-1 to A-4 subjected Smt. Lelamma wife of A-1 to cruelty and harassed her by demanding dowry and that within seven years of the marriage of the deceased with A-1 i.e. on 16-1-1993 at 5-00 a.m. at Shakapur village, the deceased died by committing suicide on account of the cruelty and harassment meted out to her and thereby they committed the offence punishable under Section 304-B of the IPC.4. The prosecution examined at the trial in all twelve witnesses. The case o...
Tatineni Tulasi Lavanya Vs. Gogineni Sujatha and Others
Court: Andhra Pradesh
Decided on: Feb-02-2001
Reported in: 2001(2)ALD110; 2001(2)ALT229
ORDERA. Gopal Reddy, J.1. The sole question that arises for consideration in thisrevision petition filed under Article 227 of the Constitution of India is, whether Section 5 of the Limitation Act, 1963 is applicable to an election petition filed under Section 71 of the Hyderabad Municipal Corporation Act before the Election Tribunal.2. Briefly stated the facts are those: The first respondent who lost the election as Member from Ward No.32 in Vijayawada Municipal Corporation held on 9-3-2000 which results were declared on 11-3-2000 challenged the election of the petitioner as such under Section 71 of the Hyderabad Municipal Corporation Act (for short 'HMC Act') by way of election petition before the Election Tribunal constituted under Section 75, for trial of election petitions under Municipal Corporation of Hyderabad (Election of Mayor, Members and Election Petitions) Rules, 1987 (for short 'the Election Rules, 1987). Initially, she filed election petition before the District Judge, Kr...
Pedda Venkata Swamy (Died) Per Lr Sunkalamma Vs. Land Acquisition Offi ...
Court: Andhra Pradesh
Decided on: Feb-02-2001
Reported in: 2001(2)ALD139
1. Heard both sides.2. In this appeal, the challenge is made against the orders dated 18-12-2000 passed in EA No.5114 of 2000 in EP No.600 of 1998 in OP No.574 of 1985 on the file of the Senior Civil Judge, Gadwal wherein the Court below was insisting for filing a succession certificate as the original claimant died.3. I have held in Chinna Pullaiah (died) by L.R. v. LAO, Srisailam Project, Mahaboobnagar, : 2000(6)ALD91 , that incase of death of the claimant during the proceedings and when their legal representatives were already brought on record, no succession certificate is necessary for execution of warrant or of the decree. In the said judgment another judgment of this Court in S. Satish Traders v. Anisetti Anjaneyulu, : 2000(4)ALD310 , was followed. In view of the principles laid down therein and taking into consideration that the petitioner claiming to be the only one legal heir being the wife of the deceased, original claimant, there should not be any such objection, much less ...
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