Andhra Pradesh Court February 2001 Judgments
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Government of A.P. and Another Vs. D. Vittal Rao and Others
Court: Andhra Pradesh
Decided on: Feb-20-2001
Reported in: 2001(2)ALD614; 2001(2)ALT493
ORDERS.B. Sinha, CJ 1. This appeal is directed against a judgment dated 27-9-2000 passed by a learned single Judge of this Court in writ petition No.16979 of 1988 whereby and whereunder the writ petition filed by the first respondent herein praying for the following reliefs was allowed.'1. Declaring G.O. Ms. No.491, dated 16-11-1994 as illegal, arbitrary and void in view of UGC circular dated 20-2-1990, No.F1-9/1989,(CPP-I). 2. Declare the petition eligible for UGC scale of pay attached to the post ofCollege Librarian from the date on which the petitioner qualified NET exam in view of letter dated 29-12-1997 of the Educational Officer of UGC. 3. Declare the petitioner eligible for all consequential benefits flowing out of prayer 1 and 2.' 2. The 1st respondent herein was appointed as College Librarian on 26-7-1985. The said appointment was also approved by the Osmania University. He was treated as a graduate librarian. The said post came within the purview of grant-in-aid scheme with ...
Chief Executive, Nuclear Fuel Complex, Department of Automic Energy, E ...
Court: Andhra Pradesh
Decided on: Feb-20-2001
Reported in: 2001(3)ALD106; 2001(3)ALT512
ORDERS.B. Sinha, CJ.1. This writ petition is directed against a judgment and order dated 29-1-1999 passed by the Central Administrative Tribunal in OA No.1259 of 1997 whereby and whereunder the Original Application filed by the second respondent herein was disposed of directing:'In view of the foregoing the impugned order dated 9-5-1997 is set aside. The respondents are directed to reconsider the promotion of the applicant to the post of Tradesman-F & G as per the Merit Promotion Scheme. His promotion to the Tradesman-D should be updated to the year 1986 in accordance with the Merit Promotion Scheme. However his pay in the Tradesman-D should be fixednotionally and he is eligible for arrears if any from the date he actually shouldered the responsibility of Tradesman-D. In case he is promoted to the higher grades of Tradcsman-D the fixation of pay in higher grades will be done on the basis of his national pay fixation, in Tradesman-D category and arrears if any, on that basis will be awa...
Director of Sericulture and anr. Vs. K. Narasaiah, Asst. Inspector, T. ...
Court: Andhra Pradesh
Decided on: Feb-20-2001
Reported in: 2001(2)ALT324
S.B. Sinha, C.J.1. All these three writ applications involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.2. The respondents herein filed applications before the learned Tribunal questioning the proceedings bearing Rc.No.18675/93-B2 dated 05-2-1999 for being quashed. The said order reads thus:'In the proceedings reference 1st cited Sri K.Narasaiah, was temporarily promoted as Asst. Inspector of Sericulture, under Rule-37 (a)(i) of A.P. State and Subordinate Service Rules with a condition that he should pass the Sericulture Departmental Test Part-I in one of the first two examinations to be held by the A.P.P.S.C. and also that he should pass the Accounts Test Part-I within the period of probation, failing which he will be reverted to the lower cadre.He has filed O.A.No.6602/93 along with others before Hon'ble APAT. The Hon'ble APAT in their orders dt.20-8-1998 while dismissing the O.A. have passed the following o...
Kommula Veeraraghavulu Vs. Revenue Divisional Officer and ors.
Court: Andhra Pradesh
Decided on: Feb-20-2001
Reported in: 2001(2)ALT484; (2001)IILLJ683AP
S.B. Sinha, C.J.1. This application is directed against a judgment and order dated March 8, 1999 passed by the Andhra Pradesh Administrative Tribunal in O.A. No. 6210 of 1998 whereby and whereunder the application filed by the petitioner herein was dismissed.2. The petitioner in the said Original Application prayed to declare the impugned order of the first respondent in Ref. No. 2124/98 dated August 17, 1998 in respect of items 2 and 3 reverting the petitioner to the post of Village Servant from Night Watchman for want of vacancy and directing the petitioner to join at his previous post by effecting transfer so as to accommodate the third respondent, as illegal, arbitrary and violative of principles of natural justice.3. The following facts are not disputed. The petitioner was appointed as Village Servant on January 27, 1970. He was promoted to the post of Night Watchman on or about July 23, 1994. He was transferred thereafter to Alamuru. By reason of the impugned order dated August 1...
Ponna Narasimha Reddy Vs. Deputy Executive Engineer, Panchayat Raj, Sa ...
Court: Andhra Pradesh
Decided on: Feb-19-2001
Reported in: 2001(3)ALD54; 2001(3)ALT47
ORDER1. This common order shall dispose of WP No.3529 of 2000 and CC No.274 of 2000 as they are interrelated. The petitioner is the owner of an extent of Ac.8.30 guntas in S.No.133/AA of Potireddipalli village. Having regard to perceived convenience, the petitioner's father occupied an extent of 60 Sq. yards in S.No. 130/2 in the adjacent Government porambok land. The total extent of the land in S.No.130/2 is Ac.0.36 guntas. Accordingto the petitioner his father raised a small shed with two rooms and has been living there since 1965. Potireddipalli Grain Panchayat is also levying and collecting property tax duly assigning a number to the said house bearing H.No.3-52. The Maudal Revenue Officer (MRO,) sixth respondent herein, initiated proceedings under the provisions of Andhra Pradcsh Land Encroachment Act, 1905 ('the Act' for brevity) and issued a notice under Section 7 of the Act on 5-12-1997 alleging that the petitioner's father has encroached on to Government land and is required t...
Commissioner of Income Tax, AP. Vs. Trustees of HEH the Nizam's Jewell ...
Court: Andhra Pradesh
Decided on: Feb-19-2001
Reported in: 2001(3)ALD143
ORDERS. Ananda Reddy, J.1. At theinstance of the Revenue, the Income Tax Appellate Tribunal referred the following question, arising out of its order in ITA Nos.502 to 505 and 539 to 542 of 1986, dated 13-2-1989 for the assessment years 1980-81 to 1983-84, for the opinion of this Court under Section 256(1) of the Income Tax Act (hereinafter referred to 'the Act'):'Whether on the facts and in the circumstances of the case, the Appellate Tribunal is correct in law in holding that the interest payments on the loans taken for discharging wealth tax liability is an allowable deduction under Section 57(iii) from the interest income on the fixed deposits on whose security the loans were taken?'2. The Assessee, trustees of HEH the Nizam's Jewellery for Family Trust, Hyderabad, invested the corpus of the Trust Fund exceeding Rs.2 crores as on 31-3-1980 in bank deposits. In respect of the assessment years 1969-70 to 1977-78, the assessee was required to pay wealth tax to a tune of Rs.41-29 lakhs...
Kondapally Muthyalu and anr. Vs. State of A.P. Rep. by the Public Pros ...
Court: Andhra Pradesh
Decided on: Feb-19-2001
Reported in: 2001(2)ALD(Cri)72
T.Ch. Surya Rao, J.1. Both the appellants stand convicted for the offence of murder punishable under Section 302 IPC.2. The gravamen of the charge against them was that on 6.3.95 at about 10 p.m. in their house at Pedda Ummenthal Village, they did commit murder by intentionally causing the death of the deceased Kondapally Ramchandraiah, S/o Venkaiah of Pedda Ummenthal Village, by the first accused strongly hitting on the head of the deceased with a pounder, and the second accused beating the deceased with stick all over the body, which resulted in his death, and thereby both of them committed an offence of murder punishable under Section 302 IPC. 3. At the time of the trial, the prosecution examined 10 witnesses. The case of the prosecution, as unfolded by the testimony of the witnesses, in brief may be stated thus:4. All the witnesses and the accused are residents of the same village. PW-2 is the mother of the deceased and PW-3 is the cousin of the deceased. A-1 and A-2 are the husban...
Cit Vs. Trustees of H.E.H. the Nizams Jewellery for Family Trust
Court: Andhra Pradesh
Decided on: Feb-19-2001
Reported in: [2001]250ITR632(AP)
S. Ananda Reddy, J.At the instance of the revenue, the Income Tax Appellate Tribunal, referred the followinguestion, arising out of its order ITA Nos. 502 to 505 and 530 to 542 of 1986, dated 13-2-1989, for the assessment years 1980-81 to 1983-84, for the opinion of this court under section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is correct in law in holding that the interest payments on the loans taken for discharging wealth-tax liability is an allowable deduction under section 57(iii) from the interest income on the fixed deposits on whose security the loans were taken ?'2. The assessee, trustees of H.E.H. the Nizams jewellery for Family Trust, Hyderabad, invested the corpus of the trust fund exceeding Rs. 2 crores as on 31-3-1980, in bank deposits. In respect of the assessment years 1969-70 to 1977-78, the assessee was re uired to pay wealth-tax to a tune of Rs. 41....
K. Narasimha Naidu and Another Vs. Election Commissioner of India, New ...
Court: Andhra Pradesh
Decided on: Feb-16-2001
Reported in: 2001(2)ALD174; 2001(2)ALT29
ORDERB. SUBHASHAN REDDY, J.1. These writ petitions raise a common complaint regarding the directives issued by the Election Commission of India in its proceedings No.3/4/2001 JS.II dated 31-1-2001 as being arbitrary, illegal and violative of Article 14 of Indian Constitution and consequently to direct the respondents to dispense with the production of documentary evidence ofidentity of the voters at the time of casing the votes by the voters who do not possess such documents in the current by-elections of Giddalur-123 and Badve-155 Assembly Constituencies scheduled on 19-2-2001.2. Mr. K. Ramakrishna Reddy, learned senior Counsel appearing for the petitioners strenuously contends that these directives are without any jurisdiction as being ultra vires of the Representation of People Act, 1951 (hereinafter referred as 'the Act') and the Rules under the caption: The Conduct of Elections Rules, 1961 (hereinafter called 'the Rules'). The learned senior Counsel has adverted our attention to S...
V. Sivaramakrishna Rao Vs. Election Commission of India, New Delhi and ...
Court: Andhra Pradesh
Decided on: Feb-16-2001
Reported in: 2001(2)ALD177; 2001(2)ALT11
ORDERB. Subhashan Reddy, J1. This writ petition has been filed seeking a declaration that the action of respondents in not permitting the MLAs/MPs and other leaders belonging to the Congress party to act as Polling Agents in some of the Polling Stations of 155-Badvel Assembly constituency of Cuddapah district, in the bye-election scheduled on 19-2-2001 on the ground that they are outsiders of the said constituency, as illegal and arbitrary and contrary to the provisions of the Representation of People Act, 1951 (for short 'the Act') and the Rules made thereunder. The impugned action is communicated vide proceedings No.576/12/2001/JS-II dated 15-2-2001 which reads:'I am directed to invite your attention to the Commission's Circular No.464/INST/ 97 (MIN)/PLN dated 3rd March, 1997 wherein it was clarified that a Minister shall not be allowed to function as an election agent, polling agent or a counting agent of any candidate at any election. 2. It has been observed by the Commission that ...
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