Andhra Pradesh Court September 2002 Judgments
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A.P. Small Scale Granite Industries Association, Rep. by V. Ajay Kumar ...
Court: Andhra Pradesh
Decided on: Sep-09-2002
Reported in: 2002(5)ALT674
Ar. Lakshmanan, J. 1. Whether the action of the Andhra Pradesh Mineral Development Corporation (for short 'APMDC') in demanding and/or collecting Mineral Franchise Fee (MFF) from the petitioners herein for the extraction of Black Galaxy Granite from the lands leased out to them or proposed to be leased out in Chimakurthy Mandal in Prakasham district is in accordance with the provisions of Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as 'the Act') and Article 265 of the Constitution of India is the question which arises for consideration in these Writ Petitions.2. Having regard to the common questions of fact and law involved, we have heard all the Writ Petitions together and are being disposed of by this Common Judgment.3. The common facts leading to the controversy may briefly be noted from Writ Petition No.11088 of 2002 filed by M/s Midwest Granite Private Limited, Hyderabad.4. The Government of Andhra Pradesh having identified an extent of Ac.26...
Chidipirala Narayana Reddy Vs. State of A.P. and 11 ors.
Court: Andhra Pradesh
Decided on: Sep-09-2002
Reported in: 2002(2)ALT(Cri)464; 2003CriLJ1642
ORDERC.Y. Somayajulu, J.1. This is an application seeking transfer of S.C.No.473 of 1993 on the file of the Court of the II Additional District and Sessions Judge (Fast Track Court), Mahabubnagar to any Court out side Mahabubnagar and Cuddapah Districts.2. One Narayana Reddy, brother's son of Siva Sankar Reddy, (first deceased in the Sessions Case) who is cited as L.W.22 in the case, filed this petition seeking transfer of the case to a Court outside Mahabubnagar District mainly on the ground that A-7 in the case and his former counsel hail from Mahabubnagar District and are Ministers in the State Government and as such have considerable influence in the Government and also in the District and so he has an apprehension that the witnesses may not give evidence fearlessly and the Public Prosecutor appointed may not discharge his duty impartially. The contention of the accused and also the State is that there are no grounds to transfer the case.3. It is necessary to state some undisputed ...
Dama Kothilingam @ Kotilingaiah Vs. Joint Collector and anr.
Court: Andhra Pradesh
Decided on: Sep-09-2002
Reported in: 2002(6)ALD1; 2003(1)ALT1
Ar. Lakshmanan, C.J. 1. By consent of the parties, the writ appeal itself is taken up for final hearing at the admission stage and disposed of by this judgment.2. The writ appeal is directed against an order dated 26th June, 2002 passed by a learned single Judge of this Court in WP No. 11369 of 2002.3. The writ petition was filed seeking a writ of mandamus declaring the action of the first respondent in not disposing of the application filed by the petitioner for grant of ryotwari patta under Section 11(a) of the A.P. Andhra Area Estates (Abolition and Conversion into Ryotwari) Act, 1948, (the Act) pursuant to the orders passed by the Commissioner of Survey Settlements and Land Records, Hyderabad dated 9.11.1990 in respect of Ac. 4.14 cents of dry land in Survey No. 38(1) of Kallur village, Kuraichedu Mandal, Prakasam District and seeking to dispossess the petitioner and to assign the land to third parties as illegal, arbitrary, unjust, discriminatory and violative of Articles 14, 19(1...
Md. Sardar Khan Vs. Commissioner of Police and anr.
Court: Andhra Pradesh
Decided on: Sep-09-2002
Reported in: 2002(6)ALD99; 2002(6)ALT279
ORDERV.V.S. Rao, J.1. The petitioner is the owner of transport vehicles, which usually ply within the twin cities. The present writ petition is filed alleging that the respondents namely, the Commissioner of Police, Hyderabad and Deputy Commissioner of Police (North Zone) are prohibiting entry of petitioner's vehicles bearing Nos.QAPN 4675, ATT 6461, APT 5184, APT 5508, AP 12 T 1824, AAT 9011, AP 10 U 7125, AP 10 U 7124, AP 12 T 331, AP 11 U 7027, ATR 563, AAR 1719 and ADT 8289 and also levying penalties arbitrarily ranging from Rs.100/- to Rs.2000/-. The petitioner prays for a declaration that the action of the respondents in prohibiting entry of vehicles on certain roads as well as levying penalties as alleged is illegal and arbitrary. The petitioner also gave various instances where the authorities levied penalty ranging from Rs.100/- to Rs.2,000/-.2. So as to dispose of the matter at the admission stage this Court directed the learned Government Pleader to file counter affidavit. A...
international Investor Kcsc Vs. Sanghi Polyesters Ltd.
Court: Andhra Pradesh
Decided on: Sep-09-2002
Reported in: 2003(1)ALT364; [2003]43SCL271(AP)
ORDERJ. Chelameswar, J. 1. These two civil revision petitions under Article 227 of the Constitution of India are filed challenging the order of the learned Principal District Judge, Ranga Reddy District made in O.P. No. 437 of 2000 on 25th September, 2001. Civil Revision Petition No. 1441 of 2002 is filed by the respondent in the above mentioned O.P., while the Civil Revision Petition No. 331 of 2002 is filed by the petitioner in the said O.P.2. The impugned order is passed under Section 48 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act').3. For the sake of convenience the parties are referred to as they are arrayed in the court-below.The parties herein entered into an agreement called 'Estisna Purchase Agreement' on 2-5-1995, by which the petitioner agreed to extend pre-export finance facility to the respondent and advanced an amount of US $5 Million. The respondent agreed to produce and deliver Polyester filament Yarn by 4-11-1996.4. As p...
Deputy Executive Engineer, I and P, Rc Department and anr. Vs. Padamat ...
Court: Andhra Pradesh
Decided on: Sep-09-2002
Reported in: (2003)IILLJ396AP
S.R. Nayak, J. 1. The 1st respondent workman, complaining that though he had put in 240 days of continuous service in the establishment of the appellants herein, his services were terminated abruptly with effect from March 15, 1990 in breach of the mandatory provisions of Section 25-F of the Industrial Disputes Act, 1947 (for short, the Act), instituted I.D. No. 300 of 1990 in the Labour Court, Guntur. The I.D. was opposed by the appellants contending that the workman did not put in 240 days of continuous service as on March 15, 1990 in the previous year and therefore, the provisions of Section 25-F of the Act are not attracted. In support of the claim, the workman examined himself as WW. 1 and also examined two others, Mr. K. Venkataramaiah and Mr. Hussain as WW 2 and WW. 3 respectively and got marked Ex. W.1, the service certificate dated September 21, 1985 issued by the Assistant Engineer. WW. 2. On behalf of the appellants. Mr. L.K. Durgaprasada Rao was examined as M.W. 1 and Exs. ...
Boina Mallaiah and ors. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Sep-07-2002
Reported in: 2002(2)ALT(Cri)400; I(2003)DMC546
G. Yethirajulu, J.1. This appeal is preferred by three accused in Sessions Case No. 387 of 1996 on the file of the I Additional Sessions Judge, Nalgonda. All the three accused were convicted for killing the deceased Smt. Boina Sasirekha by fire under Section 302 read with Section 34, I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- each, in default to suffer R.I. for one year. They were also convicted under Section 498-A, I.P.C, for harassing the deceased for not begetting children, and sentenced to undergo R.I. for one year and to pay a fine of Rs. 500/- each, in default to suffer S.I. for three years.2. The case of the prosecution is briefly as follows :A1 is the husband, A2 and A3 are the parents-in-law of the deceased woman Sasirekha. The marriage of deceased took place with A 1 about ten years prior to her death. They lived happily for about seven years. Thereafter, the accused started harassing her physically and mentally on the ground that s...
Union of India (Uoi) Represented by Its Secretary to Central Governmen ...
Court: Andhra Pradesh
Decided on: Sep-06-2002
Reported in: 2002(5)ALD532; 2002(5)ALT370
B. Sudershan Reddy, J. 1. Defendants 1 to 4 and 7 in O.S.No.794 of 1988 on the file of the III Additional Judge, City Civil Court, Hyderabad at Secunderabad are the appellants in this appeal. The trial court decreed the said suit filed by the respondent-plaintiff society for the relief of declaration of its title in respect of the green marked portion of the suit land comprising of Ac.6-30 guntas covered by Survey Nos.60/1 and 61 of Kakaguda village and also for recovery of vacant possession of the same from defendants 1 to 3 and 7 after removal of the structures made therein by them.The trial court also granted the relief of perpetual injunction in favour of the respondent-plaintiff and as against the appellants-defendants 1 to 3 and 7 restraining them from interfering with the enjoyment of Ac.0-06 guntas of land in the same survey numbers of the same village shown in yellow colour in the suit plan comprising of plot Nos.72 and 52 of the layout plan situated in Survey No.61 and plot N...
P. Jhansi Vs. Tirumala Tirupathi Devasthanam and ors.
Court: Andhra Pradesh
Decided on: Sep-06-2002
Reported in: 2002(5)ALD621
ORDERGhulam Mohammed, J.1. Since the controversy involved in both these writ petitions, is one and the same, they are being disposed of by a common order.2. WP Nos. 3853 and 5233 of 2002 have been preferred by one P. Jhansiand T. Ravi who are the petitioners respectively, seeking for a direction in the nature of writ of mandamus to declare the action of respondents 1 and 2 in selecting and appointing the 3rd respondent as A.P.R.O. vide proceedings dated 16.2.2002 as arbitrary and illegal and to direct the respondents to appoint the petitioners as A.P.R.O. in pursuance to the selections held on 15-2-2002.3. The backdrop of the case, which led to the filing of these writ petitions, is that the petitioner- P. Jhansi is a postgraduate in Mass Communication and Journalism and she worked as a Public Relation Officer in a Public Limited Company for 3 years. The petitioner-T.Ravi has been working as Assistant Translator in the Office of the Public Relations Officer of T.T.D. Tirupathi since 19...
isra Fatima Vs. Bismillah Begum and anr.
Court: Andhra Pradesh
Decided on: Sep-06-2002
Reported in: 2002(5)ALD660; 2006(4)ALT216
ORDERG. Rohini, J. 1. This civil revision petition is directed against the order, dated 10-9-2001 in IA No. 1037 of 2001 in OS No.451 of 1996 on the file of the Court of the VII Junior Civil Judge, City Civil Court. Hyderabad.2. The Plaintiff, who is the petitioner in IA No. 1037 of 2001, is the revision petitioner. His case is that he filed the main suit for injunction in respect of the suit schedule property, and that the same was contested by the defendants, who are the respondents herein. During the course of the evidence of the defendants, 1st defendant examined herself as DW1, and through him an agreement of sale was marked as Ex. B2. Subsequently, the plaintiff filed IA No.1037 of 2001 under Section 151 CPC to de-exhibit the document marked as Ex.B2 on the ground that it was not sufficiently stamped. In, the affidavit filed in support of the said application, it is stated that the documents in question being an agreement of sale coupled with delivery of possession should be on a...
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