Andhra Pradesh Court February 2002 Judgments
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N. Krishna Reddy and ors. Vs. N. Sharadabai and ors.
Court: Andhra Pradesh
Decided on: Feb-05-2002
Reported in: 2002(3)ALD118; 2002(5)ALT146
L. Narasimha Reddy, J.1. In this appeal, defendants 2 to 7 in OS No.471 of 1983 on the file of the 1st Additional Judge, City Civil Courts, Hyderabad, challenge the judgment and decree passed therein. For the sake of convenience, parties are referred to as arrayed in the suit.2. The plaintiffs (respondents 1 to 3 herein) filed the suit for partition. The plaintiffs are the daughters and defendant No. 1 is the son of late F. Surender Rao, F. Shamsunder Rao, F. Surender Rao and F. Seetarama Rao were the three sons of late Raja Bahadur, F. Giri Rao, Late Sri Giri Rao was a former Judge of the High Court of Hyderabad and he acquired several items of properties in the district of Raichur and in the city of Hyderabad. He died on 31-5-1936. His eldest son Shamsunder Rao predeceased him and was survived by his two sons by name Manohar Rao and Gopal Rao. Through a registered partition deed dated 21st Shehrevar 1356 Fasli, which comes to near about 1946, partition was effected among Stirender Ra...
Andhra Bank Vs. Deputy Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Feb-05-2002
Reported in: [2001]255ITR1(AP)
S. Ananda Reddy, J.1. In this writ petition, the petitioner-bank is assailing the notices issued under Section 10 and subsequent notices issued under Sections 8(1) and 8(2) of the Interest-tax Act, 1974, for the assessment years 1992-93, 1993-94 and 1994-95 and prayed for the issue of a writ of certiorari or any other appropriate writ calling for the records relating to the issue of the above notices and quash the said notices, holding that the issue of the said notices is illegal, without jurisdiction and contrary to the provisions of the Interest-tax Act.2. The petitioner is a nationalised bank. Its entire capital is owned by the Central Government. Under the provisions of the Interest-tax Act, 1974 (hereinafter referred to as 'the Act'), the petitioner is obliged to file a return disclosing its chargeable interest to tax. Accordingly, the petitioner-bank filed its returns disclosing chargeable interest under the Act for the above three assess-ment years enclosing copies of its audit...
B. Nagamani Vs. District Collector, Ranga Reddy District, Hyderabad an ...
Court: Andhra Pradesh
Decided on: Feb-05-2002
Reported in: 2002(3)ALD324; 2002(6)ALT639
ORDERV.V.S. Rao, J.1. The petitioner is an owner of Plot No. 8 admeasuring 500 Sq. yards in S. No. 200 (Old), New No. 200/1 in Sagar Housing Complex near B.N. Reddy Nagar, Sahebnagar Kalan, Hayatnagar Mandal. He dug a borewell of 6' Diameter. He applied and was duly given power connection under Service No. 495 in the month of August, 2001. The petitioner was drawing water and supplying through tanks to Gram Panchayats of Turka Yamjal, Ramannagudem, Kammagudem and Seetha School of Nursing. When the residents of the locality requested for supply of water, the petitioner agreed subject to the residents paying the current consumption charges. They refused and approached the District Collector, 1st respondent herein. The District Collector allegedly acting on such representation sent a note to the Superintending Engineer, A.P. Transmission Corporation, Hyderabad and Municipal Commissioner, L.B. Nagar, which reads as under:Note to SE, TRANSCO, RR District and Municipal Commissioner L.B. Naga...
A.P.S.E.B. and ors. Vs. Warangal Municipal Corporation, Warangal
Court: Andhra Pradesh
Decided on: Feb-05-2002
Reported in: AIR2002AP210
S.R. Nayak, J. 1. W.A. No. 558 of 1998 is directed-against the order of the learned single Judge dated 3-3-1998 made in W.P.No. 26870 of 1996. The learned Judge has held that the electricity supplied by the A.P. State Electricity Board (for short, the Board) to the Warangal Municipal Corporation for its water works fall under HT Category VI and not under HT Category I. Following the above judgment the learned Judge has allowed W.P. No. 6239 of 1997 filed by Rajahmundry Municipal Corporation, by his order dated 12-3-1998 and the validity of the said order is assailed in W. A. No. 767 of 1998.2. The common question that arises for decision in these two appeals is whether the electricity supply by the Board to the Municipalities and Corporations for their water works with contract/connected load above 75HP/55 KW falls under HT Category I or HT Category VI. This question arises in the following factual background :The Board supplied electricty to Warangal and Rajahmundry Municipal Corporat...
Chitti Reddy Narayana Reddy Vs. State of A.P., Revenue Department and ...
Court: Andhra Pradesh
Decided on: Feb-05-2002
Reported in: 2002(6)ALT250
ORDERV.V.S. Rao, J.1. The petitioner claims that he is entitled to have protection under the A.P. (Telangana Area) Tenancy and Agricultural Lands Act 1950 (for short, 'the Tenancy Act') in respect of the land admeasuring Ac.2-31 gts. in S. No. 18 of Begumpet village.2. The land was acquired for extension of Hyderabad Air Port along with other lands. According to the petitioner, in those proceedings one Padnabham Swamy Gumadvalli was issued notice as Pattadar and though he was declared as protected tenant on 11-2-1950, very much prior to the issuance of notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act'), no notice whatsoever was issued to him and compensation was paid only to the pattadar. He says that being an illiterate he could not take any legal steps against the respondents. His rights as protected tenant did net get extinguished and therefore he is entitled to get back the land in question. With that view he approached the Special Deputy Colle...
St. theresa's Tender Loving Care Home, Hyd. Vs. All Concerned and Ors. ...
Court: Andhra Pradesh
Decided on: Feb-04-2002
Reported in: 2002(2)ALD316; 2002(2)ALT149; 96(2002)DLT780
Ar. Lakshmanan, C.J. 1. This appeal is directed against the order passed in OP SR No. 7014 of 2001 on the file of the Chief Judge, City Civil Court, Hyderabad dismissing a petition filed under Section 9(4) of the Hindu Adoption and Maintenance Act, 1956 seeking permission to give the minor child - Yashoda born on 23.11.2000 in adoption to the respondents 2 and 37 petitioners 2 and 3. The appellant is the society registered under the Andhra Pradesh (Telangana Area) Public Societies Act, 1350 Fasli. The society is running an Orphanage and has got facilities for maintenance and looking after the orphans who are abandoned by the Police and the society is interested in the welfare of the minor child and wishes that she should be adopted by good parents. According to the appellant, the natural parents of the minor child due to their financial position have executed relinquishment deed in respect of the child and since then, the child is in the care and custody of the appellant. The responden...
Teja Educational Society Vs. A.P. State Council of Higher Education, H ...
Court: Andhra Pradesh
Decided on: Feb-04-2002
Reported in: 2002(2)ALD326; 2002(2)ALT426
Ar. Lakshmanan, C.J.1. Heard Mr. N. Sridhar Reddy, learned Counsel for the Writ petitioner -Appellant, the learned Additional Advocate-General for the 1st respondent, Mr. Narayana Reddy, learned Standing Counsel for the Kakatiya University-2nd respondent and Mr. Satyam Reddy, learned Counsel for the respondent No.3.2. Petitioner in the writ petition is the appellant herein. It is an Educational Society running a Degree College in Madhira, Khammam District, affiliated to the Kakatiya University, the second respondent herein. The third respondent herein is another Educational Society running a High School and a Junior College in Madhira. While so, the third respondent applied for permission to the first respondent, the Andhra Pradesh State Council for Higher Education, A.P., Hyderabad to start a new Degree College in Madhira to run B.Sc., and B.Com. (Computer) Courses. Resisting grant of permission on various grounds, the appellant filed a representation dated 4.5.2001 before the first r...
T.V. Nagendram and ors. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-04-2002
Reported in: 2002(2)ALD594; 2002(4)ALT722
ORDERN.V. Ramana, J.1. The three writ petitioners filed this writ petition seeking a writ, order or direction calling for the records relating to the order made by the first respondent in G.O. Rt. No. 816, dated 20-6-1997 for implementation of the order in G.O. Rt. No. 817, Panchayat Raj and Rural Development and Relief (Pts.IV) Department dated 31-5-1995 and quash the same as arbitrary and unjust and contrary to the A.P. Gram Panchayats (Declaration of Villages) Rules, 1994 and the GOs issued by the Government from time to time and contrary to the directions issued by this Court on 28-9-1995 in Writ Petition No. 10957 of 1995. 2. Petitioners are the members of Athota Gram Panchayat, which is a major Gram Panchayat with an yearly income of about Rs. 1,00,000/-. The population of the said Athota Gram Panchayat is about 5,600 with an electorate of 4300. The Gram Panchayat consists of three villages, viz.. Athota, Yadavapalem @ Gollapalcm, and Harijanawada. The Gram Panchayat which is loc...
Polavarapu Nagendra Babu Vs. Commissioner for Co-operation and Registr ...
Court: Andhra Pradesh
Decided on: Feb-04-2002
Reported in: 2002(2)ALD634; 2002(2)ALT173
Ar. Lakshmanan, C.J. 1. By consent of both parties, both the writ appeal and Writ Petition No.21806 of 2000 are taken up for final hearing. Heard both sides.2. The writ appeal is directed against the order dated 31-8-2001 in WPMP No.27771 of 2000 in WVMP No.1266 of 2001. The prayer in WPMP 27771 of 2000 is to suspend the operation of the proceedings dated 1-11-2000 issued by the Divisional Co-operative Officer, Nuzvid, Krishna District pending disposal of the writ petition. The prayer in WPMP No. 1266 of 2001 filed by the respondents 1 to 3 herein is to vacate the interim order of the High Court dated 13-11-2000 made in WVMP No.27771 of 2000. The prayer in the main writ petition is to quash the proceedings issued by the third respondent herein dated 1-11-2000 as arbitrary and illegal.3. By the said proceedings dated 1-11-2000 issued by the Divisional Cooperative Officer to the society directing it to terminate P. Nagendra Babu, Secretary, who was appointed on 31-3-1998 from the service...
General Motors, Secunderabad Vs. Ad-age Outdoor Adverising, Hyderabad
Court: Andhra Pradesh
Decided on: Feb-04-2002
Reported in: 2002(6)ALT258; 2002(2)AnWR470
ORDERE. Dharma Rao, J. 1. This Civil Revision Petition is directed against the order dated 20.6.1998 passed in I.A. (SR) No. 2561 of 1998 in O.S. No. 820 of 1995 by the learned XI Junior Civil/Assistant Judge, City Civil Court, Secunderabad, whereby the learned Junior Civil Judge has returned the application to the petitioner for presentation after the disposal of the case, before proper Court, having pecuniary jurisdiction. The said application was filed by the plaintiff herein under Order 39 Rule 3-A (A.P. High Court Amendment in 1959) read with Section 151 of the Code of Civil Procedure (for brevity the Code), to determine and call upon the respondent - plaintiff to furnish security to the tune of Rs. 29.45 lakhs as damages for the loss and injury sustained by the petitioner by reason of the interim injunction obtained by the respondent - plaintiff in IA No. 913 of 1995. While returning the said application, the Court below has observed that it has no pecuniary jurisdiction to enter...
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