Andhra Pradesh Court June 2001 Judgments
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E. Shankar Reddy Vs. Govt. of A.P., Rep. by Commissioner of Police and ...
Court: Andhra Pradesh
Decided on: Jun-15-2001
Reported in: 2001(4)ALT626
S.B. Sinha, C.J.1. The parties herein are litigating for their seniority. The applicants before this Court filed various Original Applications before the Andhra Pradesh Administrative Tribunal.2. O.A.Nos. 1396, 1811 and 1815 of 1999 out of which W.P.Nos. 1635, 2120 and 2135 of 2000 arose were filed by the Reserve Sub-Inspectors of Police (hereinafter referred to as RSIs). The said applicants were recruited as RSIs in the year 1985.O.A.NO 4363, O-A.No. 6380 out of which W.R No. 2643 arose and O.A.No. 6840 out of which W.P.No. 5881 arose - by the direct recruit SIs (Civil) of 1989 batch - and O.A.No. 5066 and O.A.No. 6801 of 1999 out of which W.P.No. 6693 of 2000 arose - by RSIs - were filed challenging G.O.Ms. No. 188, Home (Police-C) Department, dated 30-6-1999 which was issued fixing inter se seniority of Reserve Sub-Inspectors and Sub-Inspectors (Civil) belonging to the 1985, 1989 and 1991 batches.W.P.Nos. 1761, 2938, 14247 and 25902 of 2000 were filed by the direct recruit SIs (Civi...
Maddi Swarna Vs. Commercial Tax Officer and anr.
Court: Andhra Pradesh
Decided on: Jun-14-2001
Reported in: [2001]124STC203(AP)
S.R. Nayak, J.1. The petitioner is one of the directors, of M/s. Maddi Swarna Agro Enterprises Private Limited, a private limited company incorporated under the Companies Act, 1956. The said company is formed for the purposeof carrying on business in agro products. In this writ petition, the petitioner has assailed the notice dated February 21, 1992 in R. C. No. 276/89-D issued by the Deputy Commercial Tax Officer, Ganapavaram, Guntur district, the second respondent herein, in exercise of the power conferred upon him under Section 8 of the A. P. Revenue Recovery Act read with Section 17C of the Andhra Pradesh General Sales Tax Act, 1957, for short, 'the APGST Act.'2. The short question that falls for our consideration and decision in this case is whether the respondent-authorities can validly proceed against the private properties of the petitioner and recover the outstanding tax due from a private limited company in which the petitioner is a director without winding up that company in...
Yelamanchili Mahesh Babu and Two ors. Vs. State of A.P. Represented by ...
Court: Andhra Pradesh
Decided on: Jun-14-2001
Reported in: 2001(2)ALD(Cri)186; 2001(2)ALT(Cri)116
Ramesh Madhav Bapat, J.1. Accused Nos. 1, 3 and 4 in Sessions Case No. 36/1996 on the file of I Additional Sessions Judge, West Godavari District at Eluru, are the appellants herein. Originally there were twelve accused in this case. A2 died much before the framing of charges and the case against A10 was separated. Therefore, only A1, A3 to A9, A11 and A12 were tried in this case. The first charge against them was under Section 120(B) of the Indian Penal Code. On evidence, the learned judge acquitted them of that charge. The second charge against them was under Section 148 of the Indian Penal Code. On evidence, the learned Sessions Judge acquitted them of that charge also. The third charge against them was under Section 302 of the Indian Penal Code for causing the death of one Vadlapudi Pullarao (herein after to be referred to as 'D1). On evidence, the learned Judge found A1, A3 and A4 guilty of the said charge and, therefore proceeded to convict and sentence them to suffer imprisonmen...
C. Panduranga Rao Vs. V. Shyamala Rao and Another
Court: Andhra Pradesh
Decided on: Jun-14-2001
Reported in: 1999(4)ALD204
ORDERT. Ch. Surya Rao, J.1. These twoappeals arise out of a common judgment dated 16-2-1996 passed by the learned single Judge of this Court in CCCA No.115 of 1987 and CCCA No.106 of 1985. Those appeals inturn have been filed against the common judgment and decree passed by the trial Court in OS No.16/1983 and 17/83 dated 29-6-1985.2. The appellant herein Sri C. Panduranga Rao, filed the suit OS No. 17 of 83 for specific performance of the suit agreement of sale against Sri V. Syamala Rao and T. Chandra Mouli the respondents herein. It is better to refer the respondents by names to avoid any confusion. Sri T. Chandra Mouli filed the second suit OS No. 16 of 83 for eviction and damages for use and occupation against the appellant. The said Syamala Rao, the original owner of the suit house, is the 1st defendant in OS No. 17 of 83 and the 2nd defendant in OSNo. 16 of 83 and 1st and 2nd respondent respectively in the corresponding Appeals. The appellant filed the suit OS No.17/83 for speci...
Mahendra C. Mehta and Others Vs. Kousalya Co-op. Housing Society Ltd., ...
Court: Andhra Pradesh
Decided on: Jun-13-2001
Reported in: 2001(5)ALD102; 2001(5)ALT197
1. Aggrieved by the dismissal of OS No. l of 1985 on the file of the Court of the Additional Chief Judge-cum-II Additional Special Judge for SPE and ACB cases, Hyderabad, the plaintiffs in the said suit have preferred this appeal.2. Appellants filed the suit against respondents 1 and 2 for declaration of their title to 7013.88 sq. yards of land at Yellareddyguda, Ameerpet, Hyderabad, within the boundaries specified, which hereinafter would be called the 'suit land' and consequential injunction alleging that Chabildas P. Mehta, father of appellants 1 to 6 and husband of 7th appellant, purchased the suit land from its owner Smt. Sharadamma under a registered sale deed dated 14-11-1959 (Ex.A1) and was enjoying the same till the date of his death on 3-9-1972, and that thereafter they have been enjoying the same and that respondents 1 and 2 though have no right, title or interest therein, have been trying to encroach thereon, and filed an application seeking an injunction during the pendenc...
Sheriff Iqbal HussaIn Ahmed (Died) by Lrs. Vs. Govt. of A.P. and Other ...
Court: Andhra Pradesh
Decided on: Jun-13-2001
Reported in: 2001(5)ALD176
ORDER1. One Sri Sharif Iqbal Hussain Ahmad, petitioner herein filed this writ petition seeking a writ of mandamus directing the official respondent Nos.1 to 3 to restrain the un-official respondent No.4 from constructing the first floor on the premises bearing No. 11-40-2 situated at Pulaparthi Street, Vijayawada, which is in violation of the zoning regulations and municipal bye-laws and to pass any other order or orders in the interest of justice.2. This Court by enter dated 13-5-1997 while admitting the writ petition, passed an order in WP MP No.12885 of 1995 directing the 4th respondent to stop further construction. This Court also passed orders in WPMP No. 12886 of 1997 directing the Commissioner, Vijayawada, Guntur and Tenali Urban Development Authority (hereinafter referred to as UDA) to see that the unofficial 4th respondent does not violate the regulations or the building bye-laws. In WPMP No.12885 of 1985, as per the orders of this Court, it is seen that notice to the 4th resp...
B. Vasantha Kumar Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Jun-13-2001
Reported in: 2001(5)ALD265; 2002(4)ALT649
ORDER1. In this writ petition, the petitioner assailed the action of the respondent-Corporation in not considering his case for promotion to Grade 'E', (i.e.) Senior Manager in middle management as illegal, arbitrary, discriminatory and opposed to the Presidential Directive relating to the Reservation Policy and seeks issuance of writ of mandamus directing the respondents to consider his case for promotion to Grade H (i.e.) General Manager in Senior management cadre by reviewing the earlier promotions given by the respondent Corporation in the posts included in Group-A.2. The petitioner belongs to Scheduled Caste. After obtaining diploma in Mechanical Engineering he joined as 'Aviation Trainee' in the respondent-Corporation in the year 1987 pursuant to the selection from out of the candidates sponsored by the Madras Employment Exchange. During the course of years, the petitioner improved his educational qualifications by passing B.A. (Economics), M.A. Public Administration from Osmania...
V.P.R. Constructions Vs. Superintending Engineer, Roads and Buildings ...
Court: Andhra Pradesh
Decided on: Jun-13-2001
Reported in: [2001]124STC186(AP)
S. Ananda Reddy, J. 1. These writ petitions are filed by the petitioners praying for the issue of a writ of mandamus declaring the inclusion of 'works contractor' in the definition of 'dealer' in Section 2(1)(e) of the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the Act') and consequent application of the amended provisions of Sections 5-F, 5-G and 5-H of the said Act to the petitioners, who are works contractors as illegal, arbitrary, unwarranted, null and void and consequently direct the respondents to refund to the petitioners the sales tax amounts already collected from them in respect of the contract work done by them.2. The learned counsel for the petitioners contended that the inclusion of 'works contractor' within the definition of 'dealer' is illegal. According to the learned counsel, the contractors purchase materials required for carrying out the works entrusted to them by various Government departments and use the material purchased while executi...
V. Nageswara Rao Vs. Deputy Transport Commissioner and Secretary, Regi ...
Court: Andhra Pradesh
Decided on: Jun-13-2001
Reported in: II(2001)ACC423
ORDER1. In this writ application, the order of the Deputy Transport Commissioner and Secretary, Regional Transport Authority, Krishna at Vijayawada, the 1st respondent herein bearing No. AP.3/DTC/91, dated 28.2.1992 confirming the demand notice issued by the Assistant Secretary, Regional Transport Authority, Krishna at Vijayawada, the 2nd respondent herein demanding penalty of Rs. 16,644/- in proceedings No. 54089/A3/91, dated 10.9.1991 is assailed. The petitioner's motor vehicle was seized by the concerned Motor Vehicles Inspector on 29.8.1991 on the alleged ground that the same was plied as stage carriage. On the basis of the report submitted by the Motor Vehicles Inspector, the 2nd respondent herein issued show cause notice. The petitioner submitted his explanation. On consideration of the explanation, the 2nd respondent herein issued the Demand Notice No. 54089/A3/91, dated 10.9.1991 demanding a sum of Rs. 16,644/-towards tax and a sum of Rs. 16,644/- towards penalty and a sum of R...
V. Shankara Chary Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Jun-12-2001
Reported in: 2001(3)ALT642
ORDERS.R. NAYAK, J 1. This writ petition is filed by a retired District Munsif assailing the validity of the Letter No.49289/CourtsC1/99-2, dated 29-2-2000 refusing to relax the application of the relevant Andhra Pradesh Revised Pension Rules, 1980, (for short 'the revised pension rules') for granting the pensionary benefits to the petitioner by virtue of the power conferred upon it under Rule 54 of the Revised Pension Rules. The background facts that led to filing of this writ petition may be noted briefly as under: The petitioner while working as District Munsif at Boath, Adilabad District, a departmental enquiry was initiated against him on certain allegations in Roc No.98/94, Vigilance Cell, and after holding the required enquiry, the High Court of Andhra Pradesh, the 2nd respondent herein by its Order dated30-10-1995 imposed the penalty of compulsory retirement with effect from 31-10-1995 AN as a disciplinary measure. The said order of the High Court has become final in absence of...
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