Andhra Pradesh Court February 2001 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Gangavath Lalu Vs. Gangavathi Tulsi
Court: Andhra Pradesh
Decided on: Feb-13-2001
Reported in: AIR2001AP326; 2001(2)ALT437
ORDERB. Sudershan Reddy, J.1. This Civil Revision Petition under Article 227 of the Constitution of India is directed against the order dated 13-11-2000 on the file of the Agent to Government, Khammam.2. The Agent to Government dismissed the interlocutory application filed by the petitioner under Order 39, Rule 1, CPC seeking temporary injunction against the respondent.3. Before adverting to the question that falls for consideration, it. may be necessary to briefly notice the relevant facts :The petitioner is the plaintiff in the main suit. The petitioner and the husband of the respondent-defendant are brothers and they are sons of one late Vasya. The said Vasya died on 12-1-1994. It is the case of the petitioner that his father during his lifetime has acquired the suit schedule land and was the absolute owner and possessor of the same. It is also his case that his father late Vasya executed Will deed dated 26-8-1993 bequeathing the schedule properties in his favour. However, the Manda...
Pritama Reddy Vs. Charminar Co-operative Urban Bank Ltd. and anr.
Court: Andhra Pradesh
Decided on: Feb-13-2001
Reported in: 2001(1)ALD(Cri)452; 2001(1)ALT(Cri)244
ORDERT. Ch. Surya Rao, J.1. All these petitions have been filed invoking inherent jurisdiction of this Court under Section 482 of the Criminal Procedure Code ('the Code' for brevity) seeking to quash the criminal complaints filed against the petitioners herein in C.C. Nos. 554/99, 547/99 and 548/99 on the file of the XVI Metropolitan Magistrate, Hyderabad.2. The petitioner is the same in Criminal Petition Nos. 4452 and 4453 of 2000 although the petitioner in 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 duly under the provisions of A.P. Co-operative Socie...
Commissioner of Income Tax Vs. M. Sarojini Devi
Court: Andhra Pradesh
Decided on: Feb-13-2001
Reported in: [2001]116TAXMAN613(AP)
Bilal 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 order was 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 C.I.T. vs. SMT. SANKARI MANICKYAMMA1. On further appeal before the Tribunal, the same view was upheld relying upon the ...
Deccan Steels Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Feb-13-2001
Reported in: [2001]122STC611(AP)
S. Ananda Reddy, J.1. This tax revision case is at the instance of the dealer. The petitioner is a registered dealer under the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to 'the Act').2. During the assessment year 1986-87 the petitioner purchased re-rollable iron scrap worth Rs. 36,34,973 and got manufactured finished goods from out of such purchases and sold the finished products for Rs. 41,00,972, The petitioner claimed set-off of tax relatable to the purchases from the tax payable on the finished goods, in terms of G.O. Ms. No. 774, dated July 9, 1985. The assessing authority negatived the claim on the ground that the petitioner is not a reroller within the meaning of the G.O. However, on appeal, the Appellate Deputy Commissioner allowed the claim of the petitioner, observing that there is no condition in the G.O. that the dealer claiming the benefit must own a reroller. The said order of the appellate authority was revised by the Joint Commissioner (CT), relyi...
Koppula Saramma Vs. Govt. of A.P., Social Welfare Dept. and ors.
Court: Andhra Pradesh
Decided on: Feb-13-2001
Reported in: 2001(3)ALT501
ORDERV. Eswaraiah, J.1. Heard the learned Counsel for the petitioner and the learned Government Pleader for Revenue.2. The petitioner belongs to Harijan Community and wife of one Mr. K. Lazarus, who died in December 1988. A house-site was assigned to the husband of the petitioner on 3-8-1978 by the then Tahsildar, Bhadrachalam and the extent of the house-site was 3 cents bearing Plot No. 139 at Bhadrachalam. Admittedly, the assigned land is situated in the scheduled area. As the site was assigned in favour of the husband of the petitioner, who is not a Scheduled Tribe, by the then Tahsildar vide R.C.No. B-4/5160/77 dated 3-8-1978 contrary to Section 3 of the A.P. Scheduled Areas Land Transfer Regulation, 1959 (hereinafter referred to as 'the Regulation'), the assignment was cancelled by the Sub-Collector, Bhadrachalam vide his proceedings No. C/1089/82 dated 18-10-1982. After the cancellation of the house-site patta, a notice under Section 7 of the Land Encroachment Act, 1905 (for shor...
M. Narasimhulu and anr. Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Feb-13-2001
Reported in: 2001(2)ALT183; 2001(1)ALT(Cri)267
ORDERI. Venkatanarayana, J.1. The present writ petition has been filed seeking for a Writ of Certiorari to quash Crime No. 89/2000 of P.S. Asifnagar, Hyderabad.2. The factual matter leading to the filing of the case is set out as hereunder:The first petitioner was the Director of M/s. Oban Finance & Investments Ltd., which was incorporated under Companies Act. The second petitioner is the wife of the first petitioner, who was also another Director. It would appear that the petitioner was using a car Premier 118 NE bearing No. AP 12A-1116 belonging to the 2nd respondent company and subsequent to the resignation by both the petitioners, they refused to return the car inspite of repeated demands. They resigned from the company w.e.f. 9-9-1999. The Director of the Company made a complaint with the first respondent and it was taken on file as Crime No. 89/2000 under Sections 406, 420 and 468 of Indian Penal Code.3. Mr. L. Ravichander, learned Counsei appearing for the petitioners contends t...
A. Satya Phaneendra Vs. S.H.O. Kodad (Ps), Nalgonda District and Other ...
Court: Andhra Pradesh
Decided on: Feb-12-2001
Reported in: 2001(2)ALD264; 2001(2)ALT141
ORDERS.B. Sinha, CJ.1. A letter written by one A.Satya Phaneendra, dated 15-12-2000 enclosing therewith a tri-coloured cloth resembling the National Flag which is sold as handkerchief for a sum of Rs.10/-everywhere in Kodad and other places in the district of Nalgonda has been treated to be a public interest litigation. 2. The cloth which is sent along with the letter indeed resembles our National Flag and in one of the borders thereof the words 'India' and in another 'Mera Bharat Mahan' have been inscribed. Misuse of National Flag is covered by two Parliamentary Acts viz., the Prevention of Insults to National Honour Act, 1971 (Act No.69 of 1971) (hereinafter referred to as 'National Honour Act') and the Emblems and Names (Prevention of Improper Use) Act, 1950 (Act No.12 of 1950) (hereinafter referred to as 'Emblems Act') apart from the Flag Code of India. Section 2 of the 'National Honour Act' reads thus: 'Insult to Indian National Flag and Constitution of India :--Whoever in any pub...
Commandant, Iv Battalion, Apsp Mamnoor Lines, Warangal, Warangal Distr ...
Court: Andhra Pradesh
Decided on: Feb-12-2001
Reported in: 2001(2)ALD613; 2001(3)ALT552
ORDERSatyabrata Sinha, CJ 1. This writ petition is directed against the order dated 26-2-1998, passed by the APART at Hyderabad in OA No.10431 of 1990, whereby and whereunder, the punishment of compulsory retirement imposed upon the respondent herein was set aside directing the petitioners herein to reinstate the respondent herein into service. It was further directed that the period of suspension of the respondent herein from 16-10-1986 till his reinstatement into service should be treated in accordance with the provisions of FR 54-B of the Fundamental Rules.2. The learned Tribunal, having regard to the fact of the matter, held that the punishment of compulsory retirement from service, inflicted upon the respondent herein is too severe and shockingly disproportionate to the gravity of the offence committed by him. It was noticed that the respondent herein was declared a deserter by order dated 16-10-1986 merely on the ground that he absented himself without leave or permission with ef...
Esi Corporation, Hyd. Vs. Bhaskara Motors, Hanamkonda
Court: Andhra Pradesh
Decided on: Feb-12-2001
Reported in: 2001(2)ALD671; 2001(2)ALD671; 2001(2)ALT706; 2001(2)ALT706; [2001(89)FLR704]
1. In this appeal, the appellant challenges the orders in EIC No.1 of 1999 dated 13th July, 2000 on the file of the Employees Insurance Court-cum-Industrial Tribunal I, Hyderabad.2. In the application filed under Section 75(1)(g) of the Employees State Insurance Act (for short 'the Act'), the respondent herein challenged the orders dated 8-10-1998 passed by the Regional Director-the appellant herein, bringing the respondent unit under the provisions of the Act. It was claimed that the respondent is only a dealer and there is no manufacturing activity and as it is only a shop with six employees, the provisions of the Act have no application and further that the Inspectors during their visit did not properly verify the records and in fact have taken the signature of the managing partner on a blank paper and straight away recommended for coverage of the unit.3. Opposing the said application, the appellant herein denied the aforesaid allegations and sought to sustain the orders of coverage...
Government of A.P. and Others Vs. Kolla Raghavaiah and Others
Court: Andhra Pradesh
Decided on: Feb-12-2001
Reported in: 2001(3)ALD122; 2001(3)ALT309
ORDERS.B. Sinha, CJ1. This appeal is directed against a judgment dated 27-7-1998 passed by a learned single Judge of this Court in writ petition No.26338 of 1996 whereby and whereunder the writ petition filed by the respondents 1 and 2 herein praying to declare the action of the appellants 2 and 3 and respondent No.3 herein in not regularising the services of respondents 1 and 2 herein and not paying them the time scale of pay as arbitrary, unjust and illegal and consequently direct appellants 2 and 3 and respondent No.3 herein to absorb the services of respondents 1 and 2 on regular basis and pay them time scale of pay in the posts held by them with retrospective effect from the date of their initial appointment with all consequential benefits; has been allowed with the following directions:'In the light of the view taken by me, a direction is given to respondents 1 and 2 to pass orders on the proposals sent by the Executive Officer of the 3rd respondent-Gram Panchayat on 5-10-1994, t...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »