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Andhra Pradesh Court February 2002 Judgments

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Feb 21 2002

Senate Fashions Vs. Deputy Commissioner (Ct), Warangal Division and an ...

Court: Andhra Pradesh

Decided on: Feb-21-2002

Reported in: [2002]128STC89(AP)

ORDERMotilal B. Naik, J.1. The petitioner, a manufacturer of garments, was provisionally assessed for the tax assessment year 1999-2000 by the Assistant Commissioner (CT) (Int.), Warangal Division, Warangal. In the provisional assessment, the tax liability was determined to the tune of Rs. 4,63,273 as per the provisions of the A.P. General Sales Tax Act, 1957 by order dated November 19, 2000, which was served on the petitioner on January 6, 2001.2. As against the provisional assessment order made by the assessing authority the petitioner filed an appeal before the appellate authority, i.e., second respondent on February 3, 2001 and the same is pending.3. While so, the Government promulgated an Ordinance (Ordinance No. 3 of 2001) called as the Andhra Pradesh Sales Tax (Settlement of Disputes) Ordinance, 2001 providing a scheme for the settlement of the disputed tax. The requisite conditions for the application of the scheme provided in the above Ordinance are, that the assessment should...


Feb 21 2002

Kurella Srirama Sastry (Died Per L.Rs.) Vs. K. Krishna Murthy

Court: Andhra Pradesh

Decided on: Feb-21-2002

Reported in: 2002(5)ALT521

ORDERDubagunta Subrahmanyam, J.1. This revision petition arises out of the order dated 2nd September, 1998 passed by the learned District Judge, Visakhapatnam in Transfer O.P. No. 186 of 1998 of his file.2. The revision petitioner filed a tenancy petition in ATC No. 4 of 1992 on the file of the Principal District Munsif, Vizianagaram. At the fag end of pendency of the said O.P., the respondent in that O.P., who is a practising advocate at Vizianagaram, filed a petition under Section 24 C.P.C., in O.P.No. 186 of 1998 on the file of the learned District Judge to transfer ATC 4 of 1992 from Vizianagaram to any other court in the District.3. As per the averments in the Transfer O.P., the petitioner therein pleaded that tenancy petition was posted to 7-5-1997 to hear the arguments, the respondent therein was filing petition after petition and dragging his feet, the petitioner being an advocate feeling it highly inconvenient and delicate to appear before the court for every adjournment and p...


Feb 20 2002

Guntagani Ananda Rao Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Feb-20-2002

Reported in: 2002(3)LS735

ORDER1. The petitioner and two others were tried by the III Metropolitan Magistrate, Vijayawada, in C.C.No.345 of 1991 for the offence punishable under Section 354 IPC and the trial court found the petitioner guilty of the offence and accordingly sentenced A.1 to undergo R.I. for 6 months and to pay a fine of Rs.3000/- in default to suffer S.I. for 3 months. In appeal the learned Metropolitan Session Judge confirmed the same.2. The case of the prosecution is that the petitioner and the de facto complainant, who was examined as P.W.1 are residents of the same locality and on 7-8-1991 at about 3.P.M. when P.W.1 went to the sundry shop along with her brother for purchasing provisions, the petitioner caught hold of her tuft of hair, dragged her, and demanded her to come with him to have sexual intercourse. In the said process he removed her saree. When L.W.2 interfered, the other accused beat him with hands. Further in view of the resistance offered by P.W.1, A.1 beat her with hands and to...


Feb 20 2002

Citizens Guidance and Welfare Society Vs. the Government of Andhra Pra ...

Court: Andhra Pradesh

Decided on: Feb-20-2002

Reported in: 2002(2)ALD528

Ar. Lakshmanan, C.J. 1. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for respondents 1 to 4 and 6.2. The Writ Petitioner is a Society having its registered office at 11-2-284/4&7, Iqra Complex, Nampally Hyderabad. It has filed the present Writ Petition seeking a Writ in the nature of Mandamus directing the respondents to shift three Government Schools viz., the Government Boys Primary School, Kasaratta, the Government Boys Primary School, Babri Alawa and the Government Boys Primary School, Tadban. Among the said three Schools, the first two Schools are located in a single private building bearing Municipal Door No.21-6-232 situated at Ghansi Bazar, Hyderabad and in this Writ Petition we are concerned with the said two Schools.3. It appears that the Deputy Executive Engineer, Roads and Buildings (R&B;), North, Building Sub-Division No.1, Nampally, Hyderabad had inspected the School Building in question including other School Buildings and iss...


Feb 20 2002

V. Soma Chandra Sekhar Vs. Indian Oil Corporation Limited, Vijayawada ...

Court: Andhra Pradesh

Decided on: Feb-20-2002

Reported in: 2002(2)ALD641

ORDERV.V.S. Rao, J.1. The Indian Oil Corporation by Notification dated 23-7-2000 invited applications for allotment of petroleum retail outlet at Kalluru in Khammam District. The facility is reserved for candidates belonging to Scheduled Caste (SC) community. The petitioner applied for the same along with the fifth respondent. Interviews were held on 12-3-2001. The second respondent short listed the candidates placing the fifth respondent at Serial No. 1 and the petitioner at Serial No. 2. A complaint was made by the petitioner to official respondents disputing the social status and residence of the fifth respondent, that she is not a resident of Sathupally in vain. Therefore, a writ petition being W.P.No. 5261 of 2001 was filed. The same was disposed of on 19-9-2001 directing the second respondent to consider the complaint of the petitioner dated 20-3-2001 in accordance with the rules.2. The second respondent enquired into the complaint made by the petitioner and by order dated 9-11-2...


Feb 20 2002

Shaik Dastagiri and anr. Vs. Executive Officer, Udayagiri Gram Panchay ...

Court: Andhra Pradesh

Decided on: Feb-20-2002

Reported in: 2002(3)ALD64

ORDERV.V.S. Rao, J. 1. The two petitioners are residents of Udayagiri which is a major Gram Panchayat in Nellore District. They eke out their livelihood by selling vegetables on push carts and carrying the vegetable baskets on their heads. The 1st respondent appears to have ear-marked a market place in Gram Panchayat and constructed a few rooms. The 1st respondent conducted auction on 26-9-2001 leasing out/licensing the shops only to one person for a period of six months. As the Gram Panchayat decided to auction the shops only to one person subject to payment of Rs. 10,000/- as deposit, the petitioners being poor, could not participate in the same. When the first respondent with the assistance of 2nd respondent, namely, Station House Officer, Udayagiri Police Station, prevented the petitioners from carrying on their business of selling vegetables on push carts, the petitioners approached this Court praying for the issuance of a writ of mandamus directing the respondents to forbear from...


Feb 20 2002

Yelamati Veera Venkata Jaganadha Gupta and anr. Vs. Vejju Venkateswara ...

Court: Andhra Pradesh

Decided on: Feb-20-2002

Reported in: 2002(3)ALD67

L. Narasimha Reddy, J.1. These two appeals arise out of a common judgment of the Court of Subordinate Judge, Tadepalligudem, rendered in OS Nos.44 and 158 of 1988. Hence, they are disposed of together. The parties to both the suits as well as the appeals are common. AS No. 40 of 1999 is filed by the plaintiff in OS No. 44 of 1988. For the sake of convenience, the parties are referred to as arrayed in OS No. 44 of 1988.2. The plaintiff filed the suit seeking relief of specific performance of an oral agreement said to have taken place on 1-5-1988 between the plaintiff and the 1st defendant. It was the case of the plaintiff that it is the tenant in respect of the suit schedule property (ground floor) from 1973 onwards, the 1st defendant was taking hand loans of various amounts from time to time from the plaintiff, on 1-5-1988 the 1st defendant approached them offering to sell the property for a consideration of Rs.2-00 lakhs, on that day itself they paid an advance of Rs. 50,000/-, the ba...


Feb 20 2002

P. Pratap Reddy Vs. Special Officer and Competent Authority, Urban Lan ...

Court: Andhra Pradesh

Decided on: Feb-20-2002

Reported in: 2002(3)ALD78

ORDERV.V.S. Rao, J. 1. These two writ petitions can be conveniently disposed of by a common order. The petitioner in WP No. 32472 of 1998 is the son of the petitioner in WP No. 31064 of 1998. Both of them were shown as accused in CC Nos. 530 and 531 of 1998 respectively on the file of the Court of V Metropolitan Magistrate, Hyderabad filed under Sections 38(1) and 38(4) of the Urban Land (Ceiling and Regulation) Act, 1976 ('the Act' for brevity) read with Section 120-B of Indian Penal Code, 1860. The petitioners, therefore, challenge the notices issued to them by the 1st respondent on 21-9-1996 as illegal and unjustified besides being arbitrary. They prayed for issuance of a writ of mandamus to set aside the notice dated 21-9-1996 and stay all proceedings in CC Nos. 530 of 531 and 1998.2. The facts are not disputed. The petitioner in WP No. 31064 of 1998, Sri Pratap Reddy and his brother, P. Narasimha Reddy owned large extents of agricultural land in Kukatpally village, Ranga Reddy Dis...


Feb 20 2002

Saddala Nandi Reddy and ors. Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Decided on: Feb-20-2002

Reported in: 2002(6)ALD346; 2002(6)ALT254

ORDERA. Gopal Reddy, J.1. In this writ petition the petitioners seek a writ of mandamus declaring the action of the respondents in acquiring the lands belonging to them without following due process of law as arbitrary, illegal, unconstitutional and for a consequential direction to pass the award for payment of compensation in respect of their acquired lands situated in Mitnala village, Nandyal Mandal, Kumool District.2. The grievance of the petitioners is that their lands to an extent of 5.61 acres situated in Mitnala village, Nandyal Mandal, Kurnool District were acquired for the purpose of construction of a tank by taking advance possession in the year 1991 without initiating any proceedings under the Land Acquisition Act. It is the further case of the petitioners that after possession was taken, they made several representations to initiate the proceedings under the provisions of Land Acquisition Act, but their representations were not considered and ultimately on their written rep...


Feb 20 2002

Yerramsetti Subbalakshmi Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Feb-20-2002

Reported in: 2002(1)ALD(Cri)671; 2002(1)ALT(Cri)511; II(2002)DMC466

E. Dharma Rao, J.1. This appeal is filed by the accused aggrieved by the judgment dated 7.10.1996 in S.C. No. 237 of 1995 passed by the learned Principal Assistant Sessions Judge, Eluru wherein she was convicted for the offence under Section 306 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of 10 years and also to pay a fine of Rs. 1,000/-, in default to undergo simple imprisonment for further period of three months.2. The story of the prosecution in brief is as follows :One Yerranuetti Maha Lakshmi (deceased) was married to Yerramsetti Durga Prasad who is son of the accused. The marriage took place in the year 1990 and since then the accused started haras ing the deceased frequently and the deceased used to inform about the harassment to 1 er parents who in turn requested the accused to treat their daughter well and not to harass, but the accused did not heed their request and continued to harass the deceased. On 1.7.1994 at 1.00 p.m., the deceas...


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