Andhra Pradesh Court January 2002 Judgments
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Goude Ilaiah Vs. State of A.P., Through Sub-inspector, R.P.F.
Court: Andhra Pradesh
Decided on: Jan-25-2002
Reported in: 2002(1)ALT(Cri)457
Gopalakrishna Tamada, J. 1. The petitioner herein (A-5) and four others were tried in C.C.No.222 of 1996 for the offence punishable under Section 3(a) of Railway Property (Unlawful Possession) Act by the learned XIII Metropolitan Magistrate for Railways at Secunderabad and after examining P.Ws.1 to 9 and getting marked Exs.P-1 to P-21 and Mos.1 to 8, the learned Magistrate found all the accused guilty of the said charge and accordingly sentenced each of them to undergo rigorous imprisonment for a period of four months. 2. The petitioner herein along with two others filed an appeal and the learned III Additional Metropolitan Sessions Judge by his order dated 24-3-2000 made in Criminal Appeal No.166 of 1999 confirmed the judgment of the trial court. Hence, this revision by the petitioner. 3. The learned counsel for the petitioner Sri D.K. Jaiswal strenuously contended that the charge framed against the accused is defective on account of which the petitioner-accused suffered prejudice and...
Alluminium Industries Limited and anr. Vs. Provident Fund Inspector an ...
Court: Andhra Pradesh
Decided on: Jan-25-2002
Reported in: (2002)IIILLJ422AP
ORDERS.R. Nayak, J.1. The appellant management was sought to be prosecuted for its failure to contribute its contribution towards Employees Provident Fund during the years 1987 to 1989 under Section 14 of the Employees Provident Fund Act, 1952 (for short 'the Act').2. The appellant Management filed Writ Petition No.5906/1990 before this Court praying for a Writ of Mandamus declaring that the launching of prosecution against it by the authorities of the Provident Fund in S.T.C. Nos. 512 to 519 of 1990 on the file of the 3rd respondent as illegal, unsustainable and contrary to the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 and to consequently forbear the 3rd respondent from proceeding with S.T.C. Nos. 512 to 519 of 1990. 3. Before the learned single judge, it was contended on behalf of the appellant Management that the launching of the prosecution is contrary to Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short 'the Act)...
Balla Rama Rao Vs. Office of the Banking Ombudsman and ors.
Court: Andhra Pradesh
Decided on: Jan-25-2002
Reported in: [2003]117CompCas201(AP)
V.V.S. Rao, J.1. The writ petition is filed questioning the order in Complaint No. 378 of 1999-2000, dated May 17, 2000, passed by the Banking Ombudsman, Andhra Pradesh, Hyderabad, the first respondent herein, inter alia, on the ground that the impugned order is contrary to law and facts of the case and that the Andhra Bank has played fraud in all respects to avoid the claims of interest by the petitioner on the delayed payment of rent.2. The wife of the petitioner, Smt. B. Narayanamma leased out the building/premises to the third respondent, Andhra Bank, Gollaprolu, East Godavari District in 1982. She died. According to the petitioner, Andhra Bank defaulted in payment of rent from June, 1992, till February 1997 and after the death of his wife when he approached the bank he was paid an amount of Rs. 3,09,562.50 on February 14, 1997. As the bank did not pay interest on the delayed payment of rent, he filed a complaint before the first respondent under paragraphs 12 and 13 of the Banking...
Diamond Hills Welfare Association Vs. Smt. Lakshmi Parthasarathy, Vice ...
Court: Andhra Pradesh
Decided on: Jan-25-2002
Reported in: 2002(3)ALT527
ORDERG. Bikshapathy, J.1. The Contempt Case is filed alleging violation of directions issued by this Court in Writ Petition No,26192 of 1998 dated 11-11-1998 and the directions issued in Contempt Case No. 1289 of 1999 dated 28-3-2000.2. The matter has a chequered history.3. The members of the Diamond Hills Welfare Association filed a Writ Petition for direction to the respondents to release the lay out in S.Nos. 48 to 52 and 53(p) in Gachibowli village, Sherilingampally Municipality, Ranga Reddy District as per the directions issued by the Government in Memo No. 3283/1(1)/89-3 M.A. dated 31-12-1990. The said Writ Petition was disposed of on 11-11-1998 with the following directions:'The learned Standing Counsel appearing for HUDA submits that since the Government have not issued final notification, no action is being taken.As seen from G.O.Ms. No. 85 dated 15-2-1994 the Government have already communicated the Order of conversion to HUDA. Under these circumstances, it is necessary that ...
Udaya Bhanu Lime Village Industries Vs. Director Mines and Geology, Hy ...
Court: Andhra Pradesh
Decided on: Jan-24-2002
Reported in: 2002(2)ALD375; 2002(3)ALT90
AR Lakshmanan, C.J.1. W.P. No. 744 of 1990 is filed by M/s. Udaya Bhanu Lime Village Industries Association and 33 others and W.P. No. 8233 of 1990 is filed by M/s. Golden Hill Chemicals seeking a declaration that the action of the respondents in insisting Royalty Clearance Certificate or Royalty Paid Stamp on the Way Bills, entering into the premises of the petitioners without any power or jurisdiction and interfering with the free transportation of burnt lime, lime, lime stone, lime powder, waste lime powder, construction lime, cem powder etc., by lorries, as illegal and constitutional, and consequently to direct the respondents not to obstruct the free transportation of the aforementioned products or enter into the premises of the petitioners.2. The petitioners state that they are traders, trading in buying and selling of lime, lime stone, waste lime powder, construction lime, cem powder etc., and that some of them are also involved in manufacturing those products. The petitioners r...
Vakati Prabhakar Reddy Vs. Tenali Mohan Rao
Court: Andhra Pradesh
Decided on: Jan-24-2002
Reported in: 2002(2)ALD541
C.Y. Somayajulu, J.1. Respondent filed OS No. 87 of 1990 against the appellant as 4th defendant and three others including the State of Andhra Pradesh as defendants 1 to 3, for recovery of Rs. 1,98,774/-. Appellant put in appearance through one Mr. D. Jayaprada Rao, advocate in the said suit. Since he did not file his written statement for number of adjournments, he (appellant) was set ex parte on 3-12-1990. He filed IA No. 59 of 1991 under Rule 7 of Order IX CPC to set aside the ex parte order against him. Though the said petition was allowed, and the order setting him ex parte was set aside and several adjournments were granted to file his written statement, since he did not choose to file his written statement till 13-12-1991 and did not even pay the costs imposed against him, and since he was also not present and since the other defendants in the suit had filed their written statements, the Court below posted the suit to 16-12-1991 from 13-12-1991 for framing of issues without form...
Newspapers Clipping Published in News Time English Daily Vs. Commissio ...
Court: Andhra Pradesh
Decided on: Jan-24-2002
Reported in: 2002(2)ALD490; 2002(2)ALT290
Ar. Lakshmanan, C.J. 1. Heard Mr. Rama Rao, learned Government Pleader for the Department of Home and perused the entire pleadings and the Article under the caption 'Ramulu Warns Medicos of Stringent Action' published in the News Time, an English Daily News Paper dated 20-11-2001. 2. The report in the Newspaper inter alia reveals that ragging is still prevalent in colleges inspite of the Anti-ragging Law. It is stated in the report that the Commissioner of Police, while addressing the staff and students of Medical Colleges in connection with the reports of ragging told that ragging would be construed as goondaism and those indulging in it would be deported from the city. It is also stated that those indulging in ragging would be booked under Antiragging Law as well as IPC, and that they might be debarred from colleges. It is further stated in the report that there are some instances of ragging which were bordered on sexual harassment, and pervert sexual behaviour. It is also stated tha...
C.S. Paul and ors. Vs. C.S. Pushparaj and ors.
Court: Andhra Pradesh
Decided on: Jan-24-2002
Reported in: 2002(4)ALD473
ORDERL. Narasimha Reddy, J.1. In this appeal, the judgment and decree in OS No. 110 of 1981, dated 21-8-1987 on the file of the Additional Subordinate Judge, Chittoor is under challenge.2. The parties are referred to as arrayed in the suit.3. Plaintiffs filed the suit for partition and separate possession of the suit-schedule properties. Defendants 1 and 2 are brothers. Defendant No. 3 is their mother. Plaintiffs 1 and 2 are the sons of Defendant No. 1 Plaintiff No. 3 is the son of Defendant No. 2. It is the case of the plaintiffs that the suit schedule property was acquired by their grand father, Pakala Chinnaiah. That after his death, the 3rd defendant was looking after the assets of the family. It is pleaded that Defendants 1 and 2 were addicted to vices, particularly, of consuming and selling illicit liquor and taking advantage of the illicit habits of Defendants 1 and 2, Defendant Nos.4 and 5 got certain nominal sale deeds executed in their favour in respect of the suit schedule p...
Sruthi Agencies Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jan-24-2002
Reported in: [2002]127STC429(AP)
S. Ananda Reddy, J.1. This tax revision case is at the instance of the dealer, aggrieved by the order passed by the Sales Tax Appellate Tribunal in T.A. No. 776 of 1995, dated September 30, 1999 confirming the order passed by the Deputy Commissioner (CT), Secunderabad Division, Secunderabad, dated October 26, 1995, revising the order of assessment passed by the Commercial Tax Officer.2. The petitioner is a firm, which was carrying on the business as a dealer in Symphony brand of air-coolers. It was assessed to tax for the year 1993-94 under the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to 'the Act' or 'the APGST Act') by the Commercial Tax Officer, Vidyanagar Circle, Hyderabad and by its order the assessing authority exempted Rs. 1,43,05,094, the entire turnover shown by the dealer as second sales in the State. The said assessment order is dated July 8, 1994. However, in the meanwhile, the Commercial Tax Officer (Int.) No. III, Enforcement Wing, Hyderabad, under ...
Damathoti Mangamma Vs. Domathoti Yedukondalu
Court: Andhra Pradesh
Decided on: Jan-24-2002
Reported in: 2002(1)ALD(Cri)377; 2002CriLJ2252
ORDERGopala Krishna Tamada, J.1. The factual matrix which led to filing this revision is that the petitioner, who is, admittedly, the wife of the 1st respondent and her son filed a petition before the Judicial Magistrate of First Class, Macheria under Section 125, Cr.P.C. seeking maintenance at the rate of Rs. 500/- and the same was numbered as M.C. No. 4 of 1998. After examining PWs. 1 to 5 on behalf of the petitioner and her son and examining R.Ws. 1 to 5 on behalf of the respondent, the trial Court held that the petitioner and her son are entitled to maintenance at the rate of Rs. 500/- and Rs. 200/- respectively.2. Against the said order, the 1st respondent herein filed Crl. R.P. No. 156 of 1998 and the 1 Additional Sessions Judge, Guntur while allowing the maintenance awarded to the son, disallowed the maintenance in so far as the petitioner herein is concerned and thus allowed the Crl. R.P. No. 156 of 1998 partly. Hence, this revision by the petitioner, who is the wife of the 1st...
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