Andhra Pradesh Court February 2002 Judgments
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The State of Andhra Pradesh, Rep. by Its Prl. Secretary, Secretariat a ...
Court: Andhra Pradesh
Decided on: Feb-18-2002
Reported in: 2002(4)ALT334
I. Venkatanarayana, J.1. State of Andhra Pradesh is the appellant herein. The present Writ Appeal has been preferred by the State of Andhra Pradesh aggrieved by the order of the learned single Judge dated 13-9-2001 passed in W.P. No.12823 of 2000 holding that the writ petitioner is entitled to have possession of 453 Square Yards in Survey No.135/1 of Gudimalkapur village, Asif Nagar Mandal, Hyderabad. 2. The facts leading to the filing of this Writ Appeal are briefly set out as hereunder:- The writ petitioner (1st respondent in the Writ Appeal) purchased an extent of 453 square yards of land situated in Survey No.135/1 of Gudimalkapur village, Asifnagar Mandal, Hyderabad from the vendor, one D.Mallaiah. An agreement of sale was entered into between the parties on 1-12-1975 and the writ petitioner was put into possession of the said property. The Urban Land (Ceiling and Regulation) Act 1976 (Act No.33 of 1976) (for short 'the Urban Land Ceiling Act') came into force in the State of Andh...
Neelambar Ropeways Rep. by Its Managing Partner Mr. M. Prasad, Hyderab ...
Court: Andhra Pradesh
Decided on: Feb-18-2002
Reported in: 2002(3)ALT412; 2002(3)ARBLR150(AP)
ORDERI. Venkatanarayana, J.1. The petitioner is a partnership firm and has invoked Article 226 of the Constitution of India seeking for a direction to the respondent-Corporation to consider the bid of the petitioner submitted pursuant to the bid No.APTDCL/TVZ. Projects/ RW/2001 dated 9-4-2001 along with other competitors.2. The factual matrix leading to the filing of the present Writ Petition is set out as hereunder:- The respondent-Corporation floated an open tender for selection of an investor for design, finance, construction operation, maintenance and marketing of Aerial ropeway at Tirupati Visitors Zone, Tirupathi, India vide bid No.APTDCL/TVZ. Projects/ RW/2001. The estimated value of the work is Rs.78 Crores. The petitioner attended the Pre-Bid Conference held on 29-5-2001 and submitted its bid on 20-8-2001 for consideration of the respondent-Corporation. The respondent-Corporation sought certain clarification by its letter dated 10-10-2001 and the petitioner by its letter dated...
V.R. Gopala Rao Vs. Singareni Colleries Co. Ltd., Kothagudem, Khammam ...
Court: Andhra Pradesh
Decided on: Feb-18-2002
Reported in: 2002(2)ALD746
ORDERGhulam Mohammed, J. 1. The petitioner in both the writ petitions, is one and the same. He filedWP No. 19469 of 1993 seeking for a direction in the nature of writ of mandamus to declare the action of the official respondents in denying the promotion to the post of Senior Personnel Officer, in E3 Grade as illegal and to direct them to promote him as Senior Personnel Officer in E3 Grade with effect from 3-11-1993 treating him as senior to respondents 3 to 8 in the cadre of Senior Personnel Officer whereas he filed WP No. 2642 of 1999 seeking for a direction in the nature of writ of mandamus to declare the impugned proceedings issued by respondents 1 and 2 as to the imposition of punishment retrospectively with effect from 3-11-1995 notionally as illegal and arbitrary.2. Since the questions of facts and law involved and the parties are one and the same in both the writ petitions, they are being disposed of by common order.3. The backdrop of the facts of the case relevant for appreciat...
Vijaya Durga Enterprises, Vijayawada Vs. Municipal Corporation of Vija ...
Court: Andhra Pradesh
Decided on: Feb-18-2002
Reported in: 2002(2)ALD760
ORDERGhulam Mohammed, J.1. The petitioner is a partnership firm registered under the provisions of the Indian Partnership Act. The petitioner runs a hotel in the name and style of Messrs. Raj Towers at Eluru Road, Governerpet, Vijayawada. The petitioner applied to the Municipal Corporation of Vijayawada for grant of a trade on 18-9-1990. The hotel was inaugurated on 30-8-1990. It was intimated by the Corporation that the licence fee for a hotel business is Rs. 10,000/- per year. Pursuant to such an information only, the petitioner paid a sum of Rs. 25,000/- for the licence fee for the years 1990-91 and 1991-92 and the Corporation having agreed to adjust or refund the amount of Rs.5,000/-which was paid in excess, did not do so. The petitioner was called upon to pay a further sum of Rs.10,000/- towards licence fee for the year 1992-93 without deducting the abovesaid excess amount of Rs.5,000/-. During the year 1993-94, the petitioner was informed by the Corporation that there is an incre...
industrial Finance Corporation of India Limited, New Delhi Vs. Sree Kr ...
Court: Andhra Pradesh
Decided on: Feb-18-2002
Reported in: 2002(3)ALD781; 2002(3)ALT168
S.R. Nayak, J. 1. All these writ appeals filed by the financial institutions and the banks are directed against the same judgment of the learned single Judge dated 12-8-1999 made in W.P. No. 26061 of 1992. WA. No. 1689 of 1999 is filed by the Industrial Development Bank of India, Mumbai (IDBI), the 2nd respondent; W.A. No. 1620 of 1999 by State Bank of India, Hyderabad Main Branch, Hyderabad, the 8th respondent; W.A. No. 1532 of 1999 by Industrial Finance Corporation of India Limited (IFCI), the 4th respondent; W.A. No. 1658 of 1999 by the Central Bank of India, Mumbai, the 7th respondent; W.A. No. 1637 of 1999 by Industrial Credit and Investment Corporation of India Limited, Mumbai, (ICICI), the 3rd respondent and W.A. No. 1699 of 1999 by State Bank of India, Gunfoundry, Hyderabad, the 6th respondent in the writ petition.2. The writ petition was filed by Sri Krishna Oil Complex Limited, Hyderabad, the respondent herein. The background facts leading to the filing of the writ petition b...
S.P. Sampathy Vs. Smt. Manju Gupta and anr.
Court: Andhra Pradesh
Decided on: Feb-18-2002
Reported in: 2002(1)ALT(Cri)497; [2002]111CompCas492(AP); 2002CriLJ2621; [2003]44SCL25(AP)
ORDER1. Eight cases have been referred to this Court by virtue of an order of reference made by learned Single Judge of this Court dated 22nd November, 2001. The short point involved is whether a Criminal Court can take cognizance of a complaint under Section 138 of Negotiable Instruments Act on a complaint having been filed by a power of attorney holder of the complainant. The learned Single Judge of this Court in Smt. Payyati Savitri Devi v. Malireddy Damayanthamma, I (1997) BC144=1997(4) Crimes 325, relying on Madras High Court judgment in Manimekalai v. Chapaldas Kalyanji Sanghi, 1995 Crl. L.J. 1102, has taken the view that a complaint could be filed by a general power of attorney holder also. The Madras High Court formed the opinion on the basis of Section 195 of the Code of Criminal Procedure. There is not much of discussion in the judgment of the learned Single Judge of this Court (supra), therefore, the learned Single Judge before whom the present matters had come up, expressin...
S. Mange Naik Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Feb-18-2002
Reported in: 2002(1)ALT(Cri)473; 2002CriLJ2892
ORDERGopalakrishna Tamada, J. 1. This revision is filed against the judgment of the learned Judicial I Class Magistrate, Koilkuntla in CC. No.13 of 1997, confirmed by the I Additional Sessions Judge, Kurnool, in Criminal Appeal No.72 of 1999 for the offence punishable under Section 25(1-B)(a) of the Arms Act, convicting and sentencing the petitioner to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for a period of one month. 2. The case of the prosecution is that on 30-8-1995 at about 9.30 A.M., when the S.I. of Police of Banaganapalli, along with his staff members went to Banaganapalli-Peepalli cross roads and surrounded the petitioner on suspicion that he was in possession of illicit fire arms and countrymade bombs. When the accused ran away, the S.I. of Police chased him and arrested him and found one countrymade six-chambered revolver from out of his possession and he seized the same. After investigation, the p...
Tata Celluar Ltd. Vs. K. Shiva Kumar and State of A.P.
Court: Andhra Pradesh
Decided on: Feb-18-2002
Reported in: 2002(1)ALD(Cri)924
ORDERC.Y. Somayajulu, J.1. 1st respondent filed a private complaint against the petitioner for offences under Sections 406 and 418 I.P.C. alleging that he, believing the publicity of the petitioner that Tata Cellular Direct (T.C.D.) Card would work out cheaper than S.T.D. and that many others benefits would be available to T.C.D. customers, had purchased a T.C.D. Card bearing No.0000 14-9295/5 and coupon No.01038-00003-000216 worth Rs.3,000/- under invoice No.5 dated 29-9-2000 for Rs.2,340/- from Ranjit Reddy (shown as L.W.2, in complaint) and after purchase he found that that card does not contain the date of manufacture expiry and instructions for use. After he started using the card he found that call numbers, details, unit rate, pulse rate, etc., are not being displayed and so he made a request to the petitioner to furnish those details and rectify the defect in the card sold to him. But, petitioner did not respond. He also found that there is difference between the call rate adver...
Gangula Suryanarayana Reddy and ors. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Feb-18-2002
Reported in: 2002(1)ALD(Cri)533; 2002(1)ALT(Cri)477; 2002CriLJ2472
ORDERBilal Nazki, J. 1. This application was made by the accused persons for securing the copies of the statements of prosecution witnesses free of cost. The relevant facts and the questions involved were elaborately discussed by learned Single Judge in his order dated 5th March,1999. The relevant portion is given below;'This petition raises an important question of law. The petitioners are accused in S.C.No. 330 of 1998. The trial is going on. There are 430 witnesses cited by the prosecution. 70 witnesses have already been examined. The accused are charged for the offences under section 120-B, 148, 324, 326, 307, 302 r/w 149 and 112 of I.P.C, and also under sections 3, 4, 5 and 6 of Explosive Substance Act. They are in judicial custody since November,1997. There was an occurrence near Rama Naidu Studios, Banjara Hills, Hyderabad in which a bomb blast took place, 25 people died and several others received injuries. The petitioners moved application for bail before the trial court which...
Pediredla Appayamma Vs. Kostu Apparao (Died) Per L.Rs.
Court: Andhra Pradesh
Decided on: Feb-18-2002
Reported in: 2002(5)ALT29; II(2002)DMC708
L. Narasimha Reddy, J.1. In this appeal, the defendant in OS. No. 278 of 1986 on the file of the I Additional Subordinate Judge, Visakhapatnam, challenges the preliminary decree dated 29.10.1992 passed by the Trial Court.2. The respondent/plaintiff filed the suit for partition against the appellant/ defendant. It was the case of the respondent that his father late K. Somulu purchased 78 sq. yards of land through sale deed dated 29.8.1934 in the name of his mother-in-law by name Chintalamma. He also purchased another extent of 61 sq. yards through sale deed dated 5.7.1949 in the name of his 2nd wife Pydamma, who is the mother of the appellant. In addition to these two items of properties, he got about 200 sq. yards of land in between the said items of properties through oral gift from Bhamidipati people. The substance of the pleadings of the respondent was that 61 sq. yards of land purchased under sale deed dated 5.7.1949 is the exclusive property of Pydamma, the mother of the appellant...
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