Andhra Pradesh Court July 2001 Judgments
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State Rep. by Dy. Superintendent of Police, Anti Corruption Bureau Vs. ...
Court: Andhra Pradesh
Decided on: Jul-27-2001
Reported in: 2001(2)ALD(Cri)415; 2001(2)ALT(Cri)283; 2001CriLJ4891
ORDERV. Eswaraiah, J.1. The State filed these two criminal appeals against the judgment of the Special Judge For SPE & ACB Cases, Vijayawada made in CC.No.65 of 1992 dated 15.5.1995.2. Crl.A.No.557 of 1995 is filed against the said judgment in acquitting the respondent P. Venugopal, S.I. of Police, Uppada Kothapalli, Pithapuram Mandal, East Godavari District (for short 'the AO') of the offences under Sections 7 and 13(1)(d)(ii) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act').3. Crl.A.No.558 of 1995 is filed against the said judgment in rejecting the application of the Special Public Prosecutor under Section 340 Cr.P.C. to take necessary steps to prosecute the respondent herein (PW-1) for committing the offence of perjury.4. The Deputy Superintendent of Police, Anti-Corruption Bureau, Rajahmundry filed a charge-sheet alleging that one Pasupuleti Venkata Lakshmi (PW-1) W/o Arjuna Rao resident of Uppada Kothapalli in Pithapuram Mandal presented a report in ...
Madireddy Padma Rambabu and ors. Vs. District Forest Officer, Kakinada ...
Court: Andhra Pradesh
Decided on: Jul-26-2001
Reported in: 2002(1)ALD728; 2002(3)ALT57
S.B. Sinha, C.J. 1. How far and if any, shrimp culture, prawn culture and other types of aqua cultures raised both in brackish/ saline/fresh water causes any environmental pollution is the primary question involved in this batch of writ petitions.2. This batch of writ petitions can be sub-divided into two groups:- The first group of the writ petitioners are those who have taken recourse to shrimp culture, prawn culture as also, aquaculture claimingthemselves to be freehold owners of agricultural lands contending that as no law is operating in the field prohibiting or regulating their activities, the revenue or the forest officers have been acting illegally and without jurisdiction in interfering therewith by either demolishing the tanks erected for that purpose or refusing to renew and/or grant permission therefor.The second group of the writ petitioners are small agriculturists who cannot carry on their agricultural activities having regard to the fact that as in the surrounding lands...
Managing Director, A.P. Women's Co-operative Finance Corporation Limit ...
Court: Andhra Pradesh
Decided on: Jul-26-2001
Reported in: 2001(5)ALD396
ORDERS.B. Sinha, C.J. 1. All these appeals involving similar questions of fact and law were taken up for hearing together and are being disposed of by this common judgment.2. These appeals by the A.P. Women's Co-operative Finance Corporation Limited Hyderabad, are directed against the common judgment and order of the learned single Judge in WP No.23128 of 1995 and batch of cases directing regularisation of the services of the respondent-writ petitioners as per G.O. Ms. No.212, dated 22-4-1994.3. The respondents-writ petitioners in these appeals who are working in various capacities in A.P. Women's Co-operative Finance Corporation Limited, filed the writ petition for a direction upon the appellant-Corporation to regularise their services in terms of G.O. Ms. No.212, dated 22-4-1994.4. Briefly noted, the facts are:The respondent-writ petitioner in WA SR No.40286 of 2001 was appointed as Mechanic man in the year 1986 in the Printing Press of the Corporation on daily wage basis. The respon...
Commissioner of Income-tax Vs. I. Markondeya and ors.
Court: Andhra Pradesh
Decided on: Jul-26-2001
Reported in: [2001]252ITR136(AP)
S.R. Nayak, J. 1. The following two questions of law arising out of the order of the Tribunal dated June 18, 1987, in ITA Nos. 818 to 820/Hyd of 1985 are referred to this court by the Tribunal as directed by this court under Section 256(2) of the Income-tax Act, 1961 :'(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the karta's wife is entitled to a share at the time of partition on par with her sons in lieu of maintenance ? (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal should have observed that since the karta is getting a share at the time of partition with his sons, his wife is not entitled to a share towards maintenance ?' 2. One I. Markandeya and his two sons, Srihari and Sridhar, were coparceners of the joint family of which the said I. Markandeya was the karta. The joint family owned a house at Bellary. It was acquired by the Government of Indi...
Commissioner of Income-tax Vs. Moghul Builders and Planners
Court: Andhra Pradesh
Decided on: Jul-26-2001
Reported in: [2001]252ITR488(AP)
S.R. Nayak, J. 1. This income-tax case is at the behest of the Revenue. The respondent is the assessee. The assessee is a property developer dealing in construction and sale of flats, commercial complexes, etc. The assessee had undertaken construction of multi-storeyed buildings during the assessment years 1986-87 and 1987-88. The profit was ascertained on finalisation of construction and allotment of several portions and the entire profit was disclosed in the return of income for the assessment year 1986-87. The Assessing Officer allowed the profit for the assessment year 1986-87 on the ground that the assessee had made some investment in 1986-87 and, therefore, proportionate profits on the basis of investment are to be assessed for the assessment year 1986-87. The Commissioner of Income-tax (Appeals), confirmed the order of the Assessing Officer. On further appeal by the assessee, the Appellate Tribunal held that the decision of the Calcutta High Court in the case of Madgul Udyog v. ...
N. Venkateswar Rao Vs. A.P. State Electricity Board and ors.
Court: Andhra Pradesh
Decided on: Jul-26-2001
Reported in: 2002(3)ALT42
ORDERA. Gopal Reddy, J.1. The petitioner while working as A.A.O. large scale defalcation of amounts more than Rs. 4,30,000/- was noticed by the Board which was with the connivance of several others. In view of the same, the Board by proceedings dated 08-01-1987 appointed Enquiry Officer to probe into the matter. The Enquiry Officer issued Charge Memo on 25-08-1987 framing 7 charges to which the petitioner submitted his explanation on 25-10-1987. The Enquiry Officer after conducting detailed enquiry into the charges submitted his report to the Board stating that the charges are established and recommended for dismissal of the petitioner from service, besides recovery of Rs. 4,33,440.16 Ps. The Chairman of the Board, who ordered departmental enquiry, on examination of the report accepted the finding of the Enquiry Officer and also provisionally concluded dismissal of the petitioner from service and issued show-cause notice on 09-08-1988 duly supplying report of the enquiry officer. The p...
Union of India (Uoi), South Central Railway and anr. Vs. V. Gavarraju ...
Court: Andhra Pradesh
Decided on: Jul-26-2001
Reported in: 2001(5)ALT539
ORDERB. Prakash Rao, J.1. The Railways, through the Union of India, is the appellant herein aggrieved against the orders in O.A. No. 50 of 1994 dated 3-5-1996 on the file of the Railway Claims Tribunal, Secunderabad.2. The respondent applicant laid a claim for compensation of Rs.71,930-40 for the short delivery of the goods which have been booked by them as per the R.R. dated 11-9-1993 to be transported from Dwarapudi to Gauhathi. According to the respondent, the consignment consisted of 1134 rice bags of 50 kgs. each. However, at the destination point it was found that there was a short delivery of 192 bags. Hence the claim for the value of me said goods along with freight charges and interest.3. The appellant contested the said claim denying any role by it nor any responsibility as such for such shortage. It was the case of the appellant specifically that the responsibility of loading and also the quantity as such is with the consignor and the Railways have no role at all. Admittedly...
Jalumuru Krushnam Raju Vs. Commissioner of Tribal Welfare Dept., A.P., ...
Court: Andhra Pradesh
Decided on: Jul-25-2001
Reported in: 2001(5)ALD389; 2001(6)ALT152
ORDERV.V.S. Rao, J. 1. The writ petition and the writ appeal are interrelated and therefore it is convenient to dispose of them by this common order. The appellant in the writ appeal and the petitioner in the writ petition is the same. The parties will be referred to as per their status in the writ petition.2. The facts of the case are as follows. The petitioner claims to belong to Scheduled Tribe (ST) community. He secured admission during the academic year 1992-93 in first year MBBS as per the Rules and Regulations of the University of Health Sciences, the fourth respondent. At the time of admission the authorities asked the petitioner to produce community certificate from the first respondent and his admission was kept in abeyance. Therefore the petitioner filed a writ petition before this Court. The writ petition being WP No. 9768 of 1993 was allowed by order dated 14-10-1993 directing the respondents to permit petitioner to attend the classes. This Court further directed the first...
V. Guru Bhushanam Naidu Vs. Durga Financiers (Regd.)
Court: Andhra Pradesh
Decided on: Jul-25-2001
Reported in: 2001(5)ALD568; 2001(6)ALT36
ORDER1. Aggrieved by the order of the 1st Additional Junior Civil Judge, Chittoor made in EA No. 18 of 2001 in OEP No. 252 of 2000 dated 12-2-2001, wherein the additional counter filed by the judgment debtor in the EP was rejected, the present revision is filed by the judgment debtor.2. Heard the learned Counsel on both sides. The respondent obtained a Money decree in OS No. 6 of 1998 on the file of the 1st Additional Junior Civil Judge on 18-1-2001. Thereafter, he filed OEP No. 252 of 2000 for realisation of an amount of Rs. 1,11,088/- by way of attachment of the schedule mentioned properties and putting the same to auction. In the EP the respondent-decree holder seemed to have valued the property at Rs. 5 lakhs. Thereafter, the petitioner-judgment debtor filed a counter on 27-11-2000 by taking the usual plea that the properly does not belong tohim and that the properties stand in the name of his wife, as there he has no salable interest in his favour, and hence no orders need be pass...
D.L.M.M. Sharma Vs. Secretary to the Govt. of A.P., I and Cad Dept. (i ...
Court: Andhra Pradesh
Decided on: Jul-25-2001
Reported in: 2001(4)ALT610
S.B. Sinha, C.J.1. The writ petitioner herein has filed a Contempt Application before the Andhra Pradesh Administrative Tribunal seeking initiation of contempt proceedings against respondents 1 and 2 therein which was disposed of by the learned Tribunal by an order dated 10th April, 2000, upon however, conversion of the same into an original application O.A.3371 of 1992 with the following observations:'The respondents are, however, directed to consider the case of the applicant for promotion to the post of Executive Engineer, Superintending Engineer and Chief Engineer based on the seniority given to the applicant in the category of Deputy Executive Engineer and as was done in the case of persons covered by R.P. No.2313/1987 (R.P.2089 of 1989), if the applicant is eligible for such promotion on merits. The respondents are directed to work out the amount if any, which will be payable to the applicant and deposit the same in the Bank as was done in the case of other applicants pending fin...
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