Andhra Pradesh Court June 2001 Judgments
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Vice-chancellor, Sri Padmavathi Mahila Viswavidyalayam, Tirupathi and ...
Court: Andhra Pradesh
Decided on: Jun-22-2001
Reported in: 2001(4)ALT422
ORDERS.B. Sinha, CJ1. This appeal is directed against the judgment and order dated 23-11-1999 passed by the learned single Judge of this Court in Writ Petition No. 17180 of 1999 whereby and whereunder the petition filed by the respondent herein was allowed directing:.........all the issues framed forconsideration were answered in favour of the petitioner and against the respondent Nos. 1 and 2 and a writ of mandamus shall issue setting aside the orders of respondent No. 1 -Vice-Chancellor dated 24-7-1999, accepting the resignation of the petitioner as Registrar of the University and alsoresolution No. 4-12 dated 18-8-1999 withdrawing the financial powers of the officers of the University and consequently a direction is given to the respondents to continue the petitioner as Registrar till the completion of the tenure for which she was appointed after excluding the period under which she was not allowed to function as Registrar of the University with full financial powers as per the circ...
Veera Swamy Shanmugam Sundaram Vs. the State of A.P.
Court: Andhra Pradesh
Decided on: Jun-22-2001
Reported in: 2001(2)ALD(Cri)257; 2001(2)ALT(Cri)148; 2001CriLJ3787
D.S.R. Varma, J.1. This is an appeal filed by the accused-appellant against the Judgment passed by the learned IInd Additional Metropolitan Sessions Judge, Hyderabad in Sessions Case No. 134 of 1994, dated 29-4-1995, convicting the accused for the offence under Section 489-B of the Indian Penal Code and sente ncing him to under R.I. for a period of three years and also to pay a fine of Rs. 500/-, in default to undergo S.I. for a period of five months. He was further convicted for the offence under Section 489-C of the Indian Penal Code and sentenced to undergo R.I. for a period of two years, and also directed that both the sentences shall run concurrently.2. The case of the prosecution is that on 14-9-1992 while P.W. 3 was performing his duty as a Booking Clerk in the Counter No. 5 from 14.00 hours to 22.00 hours, the appellant-accused came to his counter at about 9.30 p.m. and offered Rs. 100/- note and asked for a ticket to Vijaywada. It was suspected by him that it was a fake note. ...
Rajani Chit Fund Pvt. Ltd., Rep. by Its Managing Director Vs. Union of ...
Court: Andhra Pradesh
Decided on: Jun-22-2001
Reported in: 2001(4)ALT483
ORDERS.B. Sinha, C.J.1. One of the questions raised in the writ petition was as to whether the petitioner, having been convicted in several cases, the sentences imposed upon him shall run consecutively or concurrently.2. In C.D.No. 21 of 2000 wherein the petitioner was convicted and sentenced to undergo one month's imprisonment under the provisions of Section 27 of; the Consumer Protection Act, 1986, the sentence expired on 1-6-2001. He filed an application before the 2nd respondent that as he has already undergone imprisonment for one month in the said proceeding, the orders of conviction and sentence passed against him in other case may be directed to run concurrently. By reason of an order dated 4th May 2001, the said prayer was rejected having regard to the fact that the sentence imposed in the earlier Consumer Dispute was not directed to run concurrently.3. Although the provisions of Code of Criminal Procedure, 1974 are not expressly made applicable to the proceedings under the Co...
Smt. C. Uma Devi Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jun-21-2001
Reported in: AIR2001AP460; 2001(5)ALT307
Satyabrata Sinha, C.J.1. This writ petition portrays how Visakhapatnam Municipal Corporation (for short 'the Corporation') a local authority within the meaning of Article 12 of the Constitution of India, actsin the matter of maintenance of public hygiene and ecological balance.2. A park commonly known as Green Park, is situated adjacent to Ramakrishna Street, Old City, Visakhapatnam. It is alleged by the petitioner that respondent No.3 Corporation has converted the said park into a Garbage Dumping Yard. It is not in dispute that the Ministry of Environment and Forests by Notification S.O. 783(E), dated 27-9-1999, prepared Draft Rules known as the Municipal Solid Wastes (Management and Handling) Rules, 1999 (for short 'the Rules'), applicable to every Municipal Authority responsible for collection, segregation, storage, transportation, processing and disposal of municipal solid waste. Rule 8 of the aforementioned Rules, which provides for Management of Municipal Solid Waste reads :Manag...
The A.P. Gunnies Merchants Association, Hyderabad and ors. Vs. the Gov ...
Court: Andhra Pradesh
Decided on: Jun-21-2001
Reported in: AIR2001AP453
Satyabrata Sinha, C.J.1. In this writ petition GO Rt. No. 515, dated 25-11-1999, Issued by respondent No. 1-Government, is called in question. The said order reads :The orders issued earlier vide GO Rt. No.149, dated 27-2-1999 of Environment, Forests, Science and Technology Department are reiterated. The Gunny Bags cleaning and trading business shall be shifted by the occupier/ A.P. Gunny Bags Merchants Association, from Maharajgunj within 30 days from the date of receipt of this order. The officers concerned shall enforce the direction issued vide GO Rt. No. 159. Environment. Forests. Science and Technology Department, dated 27-3-1999. 2. The factual matrix of the matter is not in dispute. The members of petitioner No. 1-Associatlon and five other petitioners are carrying on business in used gunny bags in a densely populated place, commonly known as Maharajgunj. There are various materials to show that deliberations were going on to shift the place of business of the petitioners since...
B. Seenaiah and Co. Vs. Commercial Tax Officer and ors.
Court: Andhra Pradesh
Decided on: Jun-21-2001
Reported in: [2001]124STC248(AP)
S. Ananda reddy, J.1. As common issue is involved in all these matters, they were heard and disposed of by this common judgment for the sake of convenience.2. The tax revision cases are filed for the assessment years 1989-90 to 1991-92 and the writ petitions are filed for the assessment years 1993-94 and 1994-95. In the T.R.C.s the petitioner/dealer is seeking the relief of exclusion of a part of the turnover relating to charges incurred towards the seigniorage, metal breaking, loading and unloading and transport of metal used for the laying of the road, while in the writ petitions the petitioner/dealer is seeking to quash the assessment orders in respect of the disputed turnover relating to the abovementioned items.3. The brief facts of the case are as under :The petitioner-contractor is a registered dealer on the file of the Commercial Tax Officer, Khairatabad Circle, Hyderabad. During the relevant years in question the petitioner had executed certain works under agreements entered w...
Shaik China Buda Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jun-21-2001
Reported in: 2001(2)ALD(Cri)294; 2001(2)ALT(Cri)133; 2002CriLJ526; I(2002)DMC156
ORDERD.S.R. Varma, J.1. This appeal is filed against the judgment of conviction and sentence passed by the Sessions Judge, Guntur in S.C. No. 645 of 1994 dated 11.5.1995 wherein the appellant-Al was convicted for the offence under Section 498-A, I.P.C. and was sentenced to undergo imprisonment for a period of two years and to pay a fine of Rs. 500/- in default to undergo S.I. for a period of three weeks.2. Charges under Sections 304-B and 498-A, I.P.C. have been framed against six accused and the Trial Court acquitted all the accused for the offence under Section 304-B, I.P.C. and also acquitted A2 to A6 for the offence under Section 498-A, I.P.C. whereas Al has been convicted for the offence under Section 498-A, I.P.C. and sentence as stated above was imposed.3. The case of the prosecution is as follows :A1 being the son of A2 and A3 married the deceased on 9.5.1993 and a sum of Rs. 25,000/- towards dwry and 15 sovereigns of gold jewelery was given at the time of marriage and that aft...
A.K. Chakraborty, Subedar Vs. Commanding Officer and anr.
Court: Andhra Pradesh
Decided on: Jun-21-2001
Reported in: 2001(4)ALT401
V.V.S. Rao, J.1. The appellant, hereinafter referred to as the petitioner, assails the order of the learned Single Judge dated 19-4-2001 in W.P.No. 6641 of 2001 whereby and whereunder the petitioner's Writ Petition was disposed of permitting the petitioner to continue in the quarters bearing No. 104/4 till 1-6-2001.2. The petitioner is a Subedar in Indian Army. By order dt. 8-11-2000 he was transferred to 525 ASC Battalion which is deployed in Western Sector to engage in anti-terrorist operations. The petitioner while working in Secunderabad under the control of the second respondent was allotted married accommodation at Quarter No. 104/4, New Mercury Line, Trimulgiri, Secunderabad. He has been staying in the said quarters with his family consisting his wife and three young children. On transfer, he was asked to vacate the quarters. He made a representation to the Commanding Officer 554 ASC Battalion, C/o.56 APO seeking permission to retain quarters upto 30-6-2001. It appears he also a...
Mrs. Mehrunnisa Begum and Etc. Vs. the Secretary to Government (Politi ...
Court: Andhra Pradesh
Decided on: Jun-21-2001
Reported in: 2001(2)ALD(Cri)628; 2001CriLJ3931
B. Prakash Rao, J. 1. These three applications seeking a writ of habeas corpus are filed by the wife, friend and wife respectively of Mohd. Riazuddin Ahmed, Sharada Prasad Samal and Sadhamani Srinivas (hereinafter referred to as the 'detenus') challenging the orders of the first respondent made in Order No. 70/L&O.II;/ A.1/2001-2, 3 and 4 dated 12-2-2001 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the Act') detaining them under Section 3(1)(i) of the Act.2. Since common questions of fact and law arise in all the three writ petitions, they are heard together and are being disposed of by this common judgment.3. In the grounds of detention, it is alleged that on 31-12-2000, a consignment has arrived at the Air Cargo Complex, Hyderabad from Sharjah under Air Way bill No. 058-3800-4455 of the Indian Airlines by flight I.C. No. 564 wherein four cartons were declared as containing Year-2001 diaries having no commercia...
Madras Cements Limited, Vijayawada Vs. State of Andhra Pradesh and Oth ...
Court: Andhra Pradesh
Decided on: Jun-20-2001
Reported in: [2002]125STC1(AP)
ORDERS.R. Nayak, J.1. The petitioner is a public limited company incorporated under the Companies Act, having its registered office in Tamil Nadu and factory at Jayanthipuram in the State of Andhra Pradesh. The petitioner company is engaged in the manufacture of cement and is a registered dealer on the rolls of the Commercial Tax Officer, Nandigama, the 5th respondent herein. The petitioner company applied for deferment of sale tax under G.O. Ms. No.117 Industries and Commerce Department dated 17-3-1993 as amended by G.O. Ms. No.386 Industries and Commerce (IFR) Department dated 26-9-1994. The petitioner expanded the unit in order to increase the production of cement. By virtue of G.O. Ms. No.117, as amended G.O. Ms. No.386, referred to above, the petitioner is entitled for deferment of tax in respect of additional quantity of cement produced consequent to the expansion of the unit. The expansion of the unit leading to increase in production of cement took place with effect from 15-2-1...
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