Andhra Pradesh Court August 2001 Judgments
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Shaik Gulam Rasool Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Aug-21-2001
Reported in: 2001(5)ALD637; 2001(2)ALD(Cri)611; 2001(6)ALT10
S.B. Sinha, C.J. 1. This writ petition is filed questioning the validity of the proceedings of the Deputy Commissioner of Prohibition and Excise dated 27-11-1998 and the proceedings of the Commissioner of Prohibition and Excise confiscating the jeep in which illicitly distilled liquor in possession of the driver of the vehicle was being transported and the 30 litres of ID liquor. The petitioner is the owner of Jeep.2. A criminal case was instituted under Section 34(a) and (b) of the A.P. Excise Act, 1968 as also under A.P. Prohibition Act, 1995.3. Mr. Sairam Gowd, learned Counsel appearing on behalf of the petitioner would contend that by reason of the said provision the right of the owners of the vehicle to ply the same was adumbrated under Article 19(1)(g) of the Constitution had been violated. The learned Counsel would urge that such provisions having not been existing earlier, the impugned amendment is ultra vires. The impugned order, Mr. Goud would submit, suffers from the vice of...
Haji P. Basheer Saheb Vs. P. Rajanna
Court: Andhra Pradesh
Decided on: Aug-21-2001
Reported in: 2001(6)ALD276; 2001(6)ALT686
ORDER1. These two civil revision petitions are connected to each other. They arise out of the award of the Lok Adalat dated 16-11-1996, in O.S.No.106 of 1996 on the file of the learned Senior Civil Judge, Madanapalle, Chittoor District. Therefore they can be disposed of by common order.2. Head both sides.3. The respondent filed O.S.No.106 of 1996 on the file of the learned Senior Civii Judge, Madanapalle against the petitioner for recovery of money from the petitioner an the foot of a promissory-note. Before the Lok Adalat held on 16-1-1996,the petitioner agreed to pay Rs.55,000/-with interest at the rate of 12 per cent per annum within two months in lumpsum but failed to pay the amount as promised. Having waited for a considerable time, the respondent filed O.E.P.No. 66 of 1999 for realisation of Rs. 72,000/-. in that O.E.P., the petitioner filed E.A.No. 159 of 2000 stating that he discharged the debt under Exs.B.l receipt, dated 4-7-1997, and B2 receipt, dated 10-9-1997, issued by th...
Tirumala Tirupathi Devasthanam Vs. Chief Commissioner of Income-tax an ...
Court: Andhra Pradesh
Decided on: Aug-21-2001
Reported in: (2001)171CTR(AP)638; [2001]251ITR849(AP)
S.R. Nayak, J.1. The petitioner is Tirumala Tirapati Devasthanam, Tirupati (for short 'TTD'). In this writ petition, it has assailed the legality and validity of the order made by the Commissioner of Income-tax, Gun-tur, the second respondent herein, rejecting the petition filed by the petitioner under Section 80G of the Income-tax Act, 1961 (for short 'the Act'), seeking recognition in respect of three schemes mentioned therein.2. According to the petitioner, it is a charitable institution. It maintains ten temples specified in Schedule I, 22 educational institutions and Sri Venkateswara Poor Home and Sri Venkateswara Bala Mandir, specified in Schedule II to the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act,_1987 (for short 'the Endowments Act'). The petitioner, apart from the institutions specified in Schedule II to the Endowments Act, also runs hospitals and three deaf and dumb schools. It is stated that on an average 30,000 piligrims visit Tirumala H...
Canara Bank Vs. C. Pandit Rao
Court: Andhra Pradesh
Decided on: Aug-21-2001
Reported in: 2001(6)ALT16
1. The Civil revision petition and the Civil miscellaneous appeal arises out of the Common Judgment dated 18-7-1997 passed by the learned III Additional Judge, City Civil Court, Secunderabad in O.S. No. 12 of 1994 and O.P. No. 5 of 1994 respectively.O.S. No. 12 of 1994 out of which CRP. No. 361 of 1998 arose was filed by one Sri C. Pandit Rao against the Canara Bank under Section 14(1)(2) of the Indian Arbitration Act to make the award dated 26-11-1993 rule of the Court and for future interest on the sums awarded by the Arbitrator from the date of suit till final realization and for costs of the suit.O.P. No. 5 of 1994 out of which CMA No. 220 of 1998 arose was filed by Canara Bank against the petitioner in CRP No. 361 of 1998 and another for setting aside the award dated 26-llrl993 declaring the same as illegal and void.2. By the impugned judgment, the learned Judge dismissed the O.P. filed by the Bank and decreed the suit filed by Sri Pandit Rao. Being aggrieved, the bank has filed t...
Dwaraka Pershad Radhey Ramanlal Vs. Deputy Commissioner (Ct), Secunder ...
Court: Andhra Pradesh
Decided on: Aug-21-2001
Reported in: [2002]128STC335(AP)
1. This writ petition, with the consent of learned counsel for the petitioner and the learned Special Government Pleader for Taxes, was finally heard at the stage of admission itself.2. The petitioner is a partnership firm and it is engaged in the business of executing civil contracts (works contracts) of South Central Railways and other Government departments. During the assessment year 1995-96, the petitioner executed several Government and railway works contracts and the contractees have deducted at source a sum of Rs. 2,19,597 towards sales tax from out of the bills payable by them to the petitioner. Similarly, for the assessment year 1996-97 the contractees have deducted at source an amount of Rs. 1,81,221 towards sales tax from out of the bills payable by them to the petitioner. The assessing authority passed the assessment orders dated January 8, 1998 and March 30, 1998 for the assessment years 1995-96 and 1996-97 respectively and levied tax of Rs. 1,97,915 and Rs. 87,670 respec...
K.S.N. Murthy and Vs. Chairman, Central Board of Direct Taxes and ors.
Court: Andhra Pradesh
Decided on: Aug-20-2001
Reported in: (2001)171CTR(AP)563; [2001]252ITR269(AP)
S.R. Nayak, J. 1. Writ Petition No. 15098 of 1993 is filed by Mr. K.S.N. Murthy, whereas W. P. No. 15976 of 1993 is filed by Sri K. Appa Rao. It is stated that Mr. K.S.N, Murthy and Mr. K. Appa Rao are partners of the firm, Durga Lorry Transporters. In these two writ petitions, the petitioners have assailed the validity and legality of the Common Order No. 21/W. Ptn./273A/93-94/CIT(c), dated August 10, 1993, of the Commissioner of Income-tax (for short, 'the Commissioner'), Karnataka (Central). Bangalore, the second respondent herein, rejecting the applications of the petitioners made under Section 273A of the Income-tax Act, 1961 ('the Act', for brevity), for waiver of interest and penalty on the ground that the disclosure of income was made subsequent to a search carried out in the premises of Andhra Cements Limited, Vijayawada, on December 29, 1986. The background facts leading to the filing of these writ petitions be noted briefly as under :The petitioners in these two writ petitio...
Vinukonda Venkata Ramana Vs. Mootha Venkateswara Rao and anr.
Court: Andhra Pradesh
Decided on: Aug-20-2001
Reported in: 2001(6)ALD27; 2001(5)ALT479
S.B. Sinha, C.J.1. Whether default on the part of the tenant to pay all arrears of rent due in respect of the building upto the date of petition or default to continue to pay or deposit any rent which may subsequently become due in respect of the building, would automatically entitle the landlord to obtain an order from the Rent Controller directing the tenant to put the landlord in possession of the building is the question involved in these applications.2. A learned single Judge of this Court in the order of his reference dated 4.8.1997 in C.R.P. No. 4040 of 1995 referred the following questions to a Division Bench :(1) Whether the eviction petition is not maintainable when the entire amount of arrears of rent has been paid and there was no amount due as on the date of filing of the eviction petition. In Dakaya v. Anjani, : AIR1996SC383 , the Supreme Court following the earlier judgment pf the Supreme Court in S. Sundaram Pillai etc. v. V.R. Pattabhiraman, : [1985]2SCR643 , held that...
Sree Wines and Another Vs. State of A.P. and Another
Court: Andhra Pradesh
Decided on: Aug-18-2001
Reported in: 2001(5)ALD399; 2003(5)ALT610
ORDERS.B. Sinha, C.J. 1. The question which arises for consideration in these appeals isas to whether the Excise Superintendent has the jurisdiction to issue a notification for auction of shops wherefor licences are required to be granted in Form IL 24.2. The Excise year for 2001-2002 begins from the 1st April, 2001. Two notifications dated 2-5-2001 and 22-5-2001, however, had been issued by the Excise Superintendents of various districts notifying the date on which the shops shall be auctioned. Questioning his jurisdiction to do so, the appellants herein filed writ petitions before this Court. The learned single Judge has dismissed the said applications. Aggrieved thereby these appeals have been filed.3. Mr. L. Narasimha Reddy and Mr. Sairam Goud, the learned Counsel appearing on behalf of the appellants would urge that having regard to the import of A.P. Excise Act, 1968 (hereinafter referred to as 'the Excise Act') the Prohibition and Excise Superintendent who is merely a licensing ...
Registrar (Vigilance), High Court of A.P., Hyderabad and Another Vs. S ...
Court: Andhra Pradesh
Decided on: Aug-18-2001
Reported in: 2001(5)ALD460; 2001(2)ALD(Cri)617; 2001(5)ALT255
ORDERS.B. Sinha, C.J.1. Can a DistrictJudge while acting pursuant to the direction of the Chief Justice to make a discreet enquiry in relation to a criminal offence be subjected to interrogation by the police authorities is the question involved in the application.2. Before adverting to the question raised in the instant case, we may refer to the facts leading to the filing of the writ petition. One Md. Iftekhar Ahmed, Vice President, District Telugu Desam Party, Mahabubnagar wrote a letter to the Chief Justice of this Court alleging that one Deepak of Mahabubnagar was murdered on 31-1-1997 and Nageswara Rao, Prohibition and Excise Superintendent, Mahabubnagar is involved in the murder. The said petition was forwarded to the Member-Secretary of the A.P. State Legal Services Authorities Act. On the directions of the Chief Justice, the Member-Secretary of the Authority directed Sri T. Ramachandra Reddy, District Judge, Mahabubnagar to make an enquiry. He made a discreet enquiry and submi...
Indian Nursing Council, New Delhi Vs. Venkateswara School of Nursing, ...
Court: Andhra Pradesh
Decided on: Aug-18-2001
Reported in: 2001(5)ALD627
ORDERS.B. Sinha, C.J.1. Writ Appeal No. 880 of 2001 is directed against a judgment dated 14-3-2001 passed by a learned single Judge in Writ Petition No. 22704 of 2000 wherebyand whereunder the writ petition filed by the appellant was disposed of directing.'Consequently, the respondents are directed to declare the results of the examinations held in July/August, 2000, without insisting that each of the candidates should secure minimum of 50% in internal as well as the external examinations. The results shall be declared on the basis of the aggregate marks secured by each of the candidates in both internal and external examinations.'2. Writ Appeal No. 951 of 2001 is directed against an interim order dated 26-4-2001 passed by a learned single Judge in WP No. 7848 of 2001 directing the respondents therein to promote the students those who have secured 50% marks in internal and external examinations of theory in aggregate to the second year General Nursing Midwifery Course and such promotio...
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