Andhra Pradesh Court February 2001 Judgments
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Maddileti Alivelamma and Another Vs. Saraswathamma and Others
Court: Andhra Pradesh
Decided on: Feb-14-2001
Reported in: 2001(2)ALD605; 2001(2)ALT465
ORDER1. This civil revision petition under Article 227 of the Constitution of India is directed against an order dated 16-4-1998 on the file of the learned District and Sessions Judge, Chittoor with drawing OS No. 151 of 1992 pending on the file of the learned Senior Civil Judge's Court, Madanapalle and transferring the same to the file of the learned Principal Junior Civil Judge's Court. It is a proceeding on the administrative side by the learned District Judge.2. It appears from the record that the petitioners herein filed OS No. 152 of 1992 on the file of the learned Subordinate Judge's Court, Madanapalle, Chiltoor District for declaration of their exclusive right and title to the estate of one Sreeramulu along with other reliefs. The suit was taken on file on 30-6-1992. The petitioners-plaintiffs have valued the suit for the purpose of Court fee and jurisdiction at Rs.78,750/- and a Court fee of Rs.3,026/- was paid on the aggregate of amount under Section 6 of the A.P. Court Fees ...
Prathi Subbaiah Chetty and Others Vs. Government of Andhra Pradesh and ...
Court: Andhra Pradesh
Decided on: Feb-14-2001
Reported in: 2001(3)ALD61; 2001(3)ALT13
ORDERB. Subhashan Reddy, J 1. This writ petition has been filed questioning the appointment of 5th respondent as the Founder-Trustee of the endowment institution concerned. The Endowment concerned has got an annual income between Rs.50,000/- and Rs.5,00,000/- and as such it falls in the category of institutions under Section 6(b)(i) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as 'the Act'). The 5th respondent was appointed as Founder-Trustee by the Assistant Commissioner-fourth respondent vide proceedings dated 30-12-1998. The Founder-Trustee has to be appointed because of the judgment of the Supreme Courtinterpreting the provisions of the Act. There is a claim of the petitioners for such appointment and as such there is a dispute and the dispute has to be resolved. It is stated that there was no such notification issued so as to enable the Trustees like the petitioners to make any claim.2. Be that as it may, the impugned or...
Mini Taxi Owners' and Drivers' Association and Ors. Vs. State of A.P., ...
Court: Andhra Pradesh
Decided on: Feb-14-2001
Reported in: 2001(2)ALT340
E. Dharma Rao, J.1. As the issue involved in all these writ petitions is one and the same, they are being disposed of by this common judgment.2. W.P.Nos. 511 and 539 of 2001 were filed by the Mini Taxi Owners' and Drivers Association, while W.P.No. 676 of 2001 was filed by Sri K. Yadagiri, questioning the impugned notification bearing No. Tr.T4/211/2001 dated 15-1-2001 issued by the Commissioner of Police, Hyderabad under the City Police Act, 1348 Fasli being arbitrary, irrational and outside the scope and ambit of Section 21 of the Hyderabad City Police Act; by which the Commissioner of Police has notified for information of the public in general and the 7 seater auto operators in particular, that the following restrictions are imposed on the movement of the 7 seater auto rickshaws for the maintenance of safe and free flow of traffic, prevention of danger, obstruction and inconvenience to the public, that the movement of 7 seater auto rickshaws is prohibited in the twin cities of Hyde...
Chittmalla Krishna Murthy Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Feb-14-2001
Reported in: 2001(1)ALD(Cri)631; 2001(1)ALT(Cri)343; 2001CriLJ2457
R.M. Bapat, J.1. The accused-appellant herein was the sole accused in Sessions Case No. 552/1994, which was decided by the learned Sessions Judge, Warrangal. The accused-appellant was tried for offences punishable under Sections 302 and 506 of the Indian Penal Code and Section 27 of the Indian Arms Act. The learned Sessions Judge recorded the finding of guilt under all the above Sections and convicted and sentenced him to suffer imprisonment for life, rigorous imprisonment for three years and rigorous imprisonment for one year for the charges respectively. All the sentences were made to run concurrently.2. The gravamen of the charge against the accused was that on 20-12-1992 at about 2.00 p.m., he killed one J. K. Venkataiah with his service rifle.3. The prosecution story can be briefly narrated as follows. The accused appellant was working as an Armed Reserve Police Constable. The deceased Venkataiah was an Ex-Counsellor. The deceased illegally occupied the Government land about 15 ye...
Mini Taxi Owners and Drivers Association and ors. Vs. the State of A.P ...
Court: Andhra Pradesh
Decided on: Feb-14-2001
Reported in: 2001CriLJ2421
E. Dharama Rao, J.1. As the issue involved in all these writ petitions is one and the same, they are being disposed of by this common judgment.2. W.P. Nos. 511 and 539 of 2001 were filed by the Mini Taxi Owners' & Drivers Association, while W.P. No. 676 of 2001 was filed by Sri. K. Yadagiri, questioning the impugned notification bearing No. Tr. T4/211/2001 dated 15-1-2001 issued by the Commissioner of Police, Hyderabad under the City Police Act, 1348 Fasli being arbitrary, irrational and outside the scope and ambit of Section 21 of the Hyderabad City Police Act, by which the Commissioner of Police has notified for information of the public in general and the 7 seater auto operators in particular, that the following restrictions are imposed on the movement of the 7 seater auto rickshaws for the maintenance of safe and free flow of traffic, prevention of danger, obstruction and inconvenience to the public, that the movement of 7 seater auto rickshaws is prohibited in the twin cities of H...
Sapuram Pedda Reddenna Chetty Vs. Pottakula Jamru Jan and Others
Court: Andhra Pradesh
Decided on: Feb-13-2001
Reported in: 2001(2)ALD573; 2001(3)ALT7
ORDER1. The second appeal and the civil revision petition are filed by one Sapuram Pedda Reddenna Chetty. He fileda suit being OS No. 132 of 1990 for recovery of an amount of Rs. 10,000/- under a pronote executed by one Hussain Saheb. The suit filed against the legal representatives and his elder brother was dismissed by the Court of the Additional Subordinate Judge, Madanapalli. Aggrieved by the same, he preferred first appeal being AS No. 132 of 1990. At the stage, defendants 1 to 4 filed interlocutory application being IA No.755 of 1955 under Order 1, Rule 9 read with Order 44, Rule 33 and Sections 144 and 151 of Code of Civil Procedure, 1908 (for short 'CPC'). The learned Additional District Judge, allowed IA No.755 of 1995 and on that ground dismissed AS No. 130 of 1990. Aggrieved by the order dated 27-8-1996 in IA No.755 of 1995. Sapuram Pedda Reddenna Chetty (hereinafter called 'the Plaintiff') filed CRP No.499 of 1997 and aggrieved by the consequential order dated 27-8-1996 in ...
G. Gangi Reddy Vs. Depot Manager/incharge, Iml Depot, Karimnagar and O ...
Court: Andhra Pradesh
Decided on: Feb-13-2001
Reported in: 2001(2)ALD590; 2001(3)ALT686
ORDERS.B. Sinha, CJ1. This appeal is directed against an order dated 18-12-1996 passed by a learned single Judge of this Court in WP No.15028 of 1996 whereby and whereunder the writ petition filed by the appellant herein was dismissed.2. In the writ petition, the petitioner claimed for the following reliefs:'For the reasons stated in the accompanying affidavit it is prayed that this Hon'ble Court may be pleased to issue any appropriate writ, order or direction preferably a writ in the nature of mandamus declaring the action of the respondents 1 and 3 in not making payment to the petitioner of the amount of Rs.78,800/- as directed by respondent No.2 through letter dated 2-4-1994 as illegal and arbitrary and consequently direct the respondents to pay the said amount with interest at the rate of 15% from December, 1993 and pass such other and further orders as the Hon'ble Court may deem fit and proper in the circumstances of the case'.3. Before the learned single Judge, as also before us,...
Commissioner of Income Tax, Andhra Pradesh, Hyderabad Vs. M. Sarojini ...
Court: Andhra Pradesh
Decided on: Feb-13-2001
Reported in: 2001(3)ALD86
ORDERBilal Nazki, J. 1. Lands belonging to the assessee have been acquired by the Government in the year 1966 and compensation was awarded by the Land Acquisition Officer. On reference, compensation at higher rate was awarded. The assessee was held to be entitled to an interest of Rs.43,642/- for the period 18-5-1966 to 9-12-1975. The State Government went in appeal against the enhancement made in the appeal. The appeal before the Supreme Court was pending. The Income Tax Officer held that the entire amount of interest on enhanced compensation should be brought to tax for the assessment year 1976-77. The orderwas challenged by way of appeal. The Appellant Assistant Commissioner held that as the matter had not become final and an appeal was before the Supreme Court, the amount of interest received by the assessee could not be taxed. He relied on a judgment of this Court in CIT v. Smt Sankari Manickyamma : [1976]105ITR172(AP) . On further appeal before the Tribunal, the same view was uph...
Commissioner of Income-tax Vs. K.C.P. Ltd.
Court: Andhra Pradesh
Decided on: Feb-13-2001
Reported in: [2001]250ITR285(AP)
Bilal Nazki, J.1. The following question has been referred by the Tribunal to this court for an answer at the instance of the Revenue :'On the facts and in the circumstances of the case was the Appellate Tribunal right in law in confirming the directions of the Commissioner of Income-tax (Appeals) to the Income-tax Officer to allow weighted deduction under Section 35C in respect of contribution made to the Cane Development Council, even though the latter was not a recognised authority under Section 35C of the Income-tax Act, 1961 ?'2. In order to appreciate the controversy, Section 35C of the Income-tax Act (for short 'the Act'), as it stood in the Act is reproduced :'35C. (1) (a) Where any company or a co-operative society is engaged in the manufacture or processing of any article or thing which is madefrom, or uses in such manufacture or processing as raw material, any product of agriculture, animal husbandry, or dairy or poultry farming, and has incurred, after the 29th day of Febru...
Smt. Pritama Reddy and G.S. Shirish Vs. Charminar Co-operative Urban B ...
Court: Andhra Pradesh
Decided on: Feb-13-2001
Reported in: [2001]105CompCas560(AP); 2001CriLJ2178
T. Ch. Surya Rao, J.1. All these petitions have been filed invoking the inherent jurisdiction of this court under Section 482 of the Criminal Procedure Code, 1975 ('the Code', for brevity), seeking to quash the criminal complaints filed against the petitioners herein in C. C. Nos. 554 of 1999, 547 of 1999 and 548 of 1999, on the file of the 16th Metropolitan Magistrate, Hyderabad.2. The petitioner is the same in Criminal Petitions Nos. 4452 and 4453 of 2000, although the petitioner in Criminal Petition No. 4455 of 2000, is different. The first respondent in all these petitions is the same being the complainant, who filed the criminal complaints against all these petitioners. Since common questions of law are involved in all these petitions, they can be disposed of together.3. The factual matrix germane for consideration for an effective adjudication of the matter may be set forth hereunder thus-4. The first respondent herein--the complainant--is a co-operative urban bank established du...
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