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Andhra Pradesh Court March 2003 Judgments

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Mar 27 2003

A. Kadirappa and ors. Vs. Government of A.P. and ors.

Court: Andhra Pradesh

Decided on: Mar-27-2003

Reported in: 2003(3)ALD242; 2003(3)ALT270

Devinder Gupta, C.J. 1. Petitioners in Writ Petition No. 979 of 2002 are members of the Mandal Parishad, Bukkarayasamudram, Anantapur district. First ordinary elections to Mandal Parishads in Anantapur district were held during 1995. Insofar as MandalParishad of Bukkarayasamudram Mandal, elections were held in February, 1997. First meeting of the Mandal Parisahd, Bukkarayasamudram Mandal after the ordinary election, was held on 27-2-1997. In terms of Section 154 of the A.P. Gram Panchayat Raj Act, 1994 (hereinafter referred to as 'the Act') the members were entitled to hold the office for a term of 5 years from the first meeting of the Parisahd after ordinary election i.e., up to 27-2-2002. 2. With respect to other Mandal Parishads, term of 5 years was expiring in 2000. G.O. Ms. No. 86 Panchayat Raj and Rural Development (Elections) Department, dated 13-3-2000 was issued appointing special officers in respect of all Mandal Parishads including the Mandal Parishad, Bukkarayasamudram Mand...


Mar 27 2003

Vempati Sarada Vs. Vempati Kaladhar

Court: Andhra Pradesh

Decided on: Mar-27-2003

Reported in: 2003(3)ALD496

ORDERP.S. Narayana, J. 1. The petitioner/wife filed the transfer CMP under Section 23(3) of the Code of Civil Procedure (hereinafter referred to as 'the Code') praying for transfer of O.P.No. 41 of 2002 on the file of the Family Court, City Civil Court, Secunderabad to be tried along with H.M.O.P. No. 179 of 2001 on the file of the Principal Subordinate Judge at Chengalput in the State of Tamil Nadu as the questions involved are substantially the same and parties are the same and pass such other suitable orders.2. The wife filed an affidavit in detail in respect of the transfer CMP and the respondent/husband also filed a counter-affidavit giving more details, virtually denying all allegations. Several of the allegations made by both the wife and the husband in the present transfer CMP relate to merits or demerits of the main proceedings which are to be decided in both the O.P.'s referred to supra, pending before the respective Courts.3. Sri Nagabhushana Rao, the Counsel representing th...


Mar 27 2003

A.D.M. Akbar Khan Vs. Sri Venkateswara University and ors.

Court: Andhra Pradesh

Decided on: Mar-27-2003

Reported in: 2003(3)ALD466

ORDERV. Eswaraiah, J. 1. The petitioner filed the Writ Petition to issue a writ of mandamus to declare the action of Sri Venkateswara University, Tirupathi and the Rector and Director of Admissions, S.V. University, in allotting the seat in the 1 year MBA course for the academic year 2002-2003 under NCC quota in favour of the 3rd respondent (A. Sivakumar) as illegal and arbitrary on the ground that the petitioner and the 3rd respondent possess equal qualifications and NCC certificates of similar rank but the petitioner secured State ICET rank of 35629 as against the rank of 3rd respondent of 52135 which is a lower rank than that of the petitioner.2. The petitioner submits that he has passed B.Sc. degree from S.V.University in II Division with 55 marks and he has applied ICET examination conducted by Osmania University vide Hall Ticket No. 17010212 and obtained a State rank of 35629 and Region-wise rank of 6064. During the course of his degree he was selected to Air Force Wing as a Cade...


Mar 27 2003

Andhra Bank Housing Finance Limited Vs. Andhra Bank

Court: Andhra Pradesh

Decided on: Mar-27-2003

Reported in: 2003(3)ALD654; [2004]118CompCas295(AP); [2003]47SCL513(AP)

ORDERT. Ch. Surya Rao, J.1. The petitioner M/s. Andhra Bank Housing Finance Limited files this application under Sections 391 and 394 of the Companies Act, 1956 ('the Act' for brevity) seeking sanction of the scheme of arrangement for its amalgamation with another. 2. The facts lie in a narrow compass. The petitioner-company was incorporated on 29-4-1991 and its registered office is situate at Basheerbagh, Hyderabad. The Authorized Share Capital of the petitioner-Company is Rs. 50 crores divided into Rs. 5 crores equity shares of Rs. 10/- each. Its issued, subscribed and paid up capital is Rs. 20 crores divided into Rs. 2 crores equity shares of Rs. 10/- each. The petitioner-company which is the transferor company was incorporated with an object of engaging itself in the business of Housing Finance. As can be seen from the Memorandum and Articles of Association of the Company annexed to the petition, the meeting of the Board of Directors of the Company was convened on 23-12-2002 which ...


Mar 27 2003

K. Jayaprakash Ram and ors. Etc. Vs. Addl. Director General of Police, ...

Court: Andhra Pradesh

Decided on: Mar-27-2003

Reported in: 2003(2)ALT(Cri)233; 2003CriLJ2835

ORDERK.C. Bhanu, J.1. Criminal Petitions Nos. 1153 and 1154 of 2003 are filed to quash the proceedings in Crime No. 8/2003 of Police Station, C. I. D., Hyderabad, and Crime No. 107/2003 of Police Station, C.C.S., Hyderabad, respectively.2. Since common questions of law and common facts are involved in both the petitions and since petitioners in both the petitions are same, they are disposed of by a common order.3. The Joint Registrar of Co-operative Societies and Chief Executive Officers, Vasavi Co-operative Urban Bank, Hyderabad, hereinafter to be referred to as 'Vasavi Bank' for the sake of brevity, lodged a report with the Additional Director General of Police, Criminal Investigation Department, Hyderabad, which was registered as Crime No. 8/2003 under Sections 120-B, 420, 409, 468, 477-A of the Indian Penal Code and Section 5 of the A. P. Protection of Depositors and Financial Establishments Act 1999 (for short 'Act No. 17/1999), and Sri P. Anand, a depositor in the Vasavi Bank, lo...


Mar 26 2003

Mahajan Chit Fund and Finance Private Limited and ors. Vs. Punjab and ...

Court: Andhra Pradesh

Decided on: Mar-26-2003

Reported in: 2003(5)ALD75

ORDERS. Ananda Reddy, J. 1. This writ petition is filed by the petitioner seeking writ of mandamus declaring the inaction of the Respondent Bank in releasing the FDR amounts belonging to the Petitioner Company and further the action of the Respondent Bank in permitting the unauthorized borrowings as illegal and ultra vires of the powers of the Respondent and as such not binding on the Petitioner Company and for a consequential direction to pay the fixed deposit amounts to the petitioners. 2. The 1st petitioner is a Chit Fund Company and the Petitioners 2 and 3 are the shareholders of the Company. It is stated that in the course of its business the Petitioner Company made two fixed deposits with the following details:- (a) FDR No. 151857/12/91, dated 6-6-1991 for Rs. 1,90,000/- (b) FDR No. 151900/34, dated 1-7-1991 for Rs. 6,856-80 According to the petitioners, the Respondent-Bank has been instructed from time to time that the fixed deposits should not be allowed to be encashed by the ...


Mar 26 2003

G.S.R. Industries Vs. Commissioner of Survey, Settlements and Land Rec ...

Court: Andhra Pradesh

Decided on: Mar-26-2003

Reported in: 2003(6)ALT526

ORDERS. Ananda Reddy, J.1. This Writ Petition is filed by the Petitioner-Company aggrieved by the order of the 1st Respondent dated 5-9-1992, confirming the order of the 2nd Respondent that the impugned power of attorney should be stamped under Article 42 (e) of Schedule 1-A of the Indian Stamp Act, 1899 (hereinafter referred to 'the Act') and not under Article 42 (f).2. According to the petitioner, it was engaged in the business of rice-milling etc. In order to get overdraft facility to the limit of Rs. 6 lakhs, the Petitioner-firm executed a power of attorney in favour of Vysya Bank Limited, Rajam, Srikakulam District with reference to the book debts due as on the date as well as to be due to the Petitioner-firm. When the said document was presented for registration, the Registering Authority raised an objection that it should be stamped under Article 42(e) of the Schedule-I-A of the Act and after impounding the said document submitted to the District Registrar, Srikakulam for adjudi...


Mar 26 2003

Chaluvadi Hanumayamma Vs. Sandrapati Jainabee and ors.

Court: Andhra Pradesh

Decided on: Mar-26-2003

Reported in: 2003(5)ALT741

ORDERV. Eswaraiah, J.1 This Civil Revision Petition is filed against the order in I.A. No. 946/2001 in E.O.P. No. 3/2001 dated 28-3-2002 on the file of the Election Tribunal-cum-Junior Civil Judge, Vinukonda in dismissing the application filed by the petitioner to dismiss the Election Petition No. 32001 for non-compliance of Rule 3 (2) of A.P. Panchayat Raj (Election Tribunal in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 1995 (hereinafter referred to as 'Rules, 1995').2. The 1st respondent herein filed the said Election Petition against the Election Officer, District Election Authority, Additional District Election Authority, Election Commission, petitioner herein and four others who contested the election for the post of Sarpanch of Vinukonda Gram Panchayat, Guntur District. The petitioner herein is the 5th respondent in the Election Petition and he is the Returned Candidate who has been declared elected as Sarpanch of Vinukonda Gram Panchayat.3. It is st...


Mar 25 2003

M. Tirupathaiah and ors. Vs. Rayalaseema Paper Mills Ltd. and ors.

Court: Andhra Pradesh

Decided on: Mar-25-2003

Reported in: 2003(3)ALT370; (2003)IIILLJ843AP

ORDERB. Sudershan Reddy, J. 1. The first respondent-M/s. Rayalaseema Paper Mills Limited was promoted by M/s. T.G. Vasanth Gupta & Associates during 1974-75 with a equity participation of the Andhra Pradesh Industrial Development Corporation (APIDC). It is registered under the provisions of the Companies Act, 1956. The said company appears to have availed loans from various financial institutions including the IDBI and with such financial assistance set up a plant on the banks of river Tungabhadra, Near Kurnool and started its commercial production during 1979. The unit was established to make use of the waste material and forest material to manufacture the paper of required sizes. The first respondent-company appears to have run profitably upto 1985 and for whatever reasons started incurring losses thereafter. The unit was closed down during 1989 and thereafter the matter has been referred to the Board for Industrial and Financial Reconstruction (BIFR) for rehabilitation. The BIFR hav...


Mar 25 2003

P. Doki Vs. Government of India and ors.

Court: Andhra Pradesh

Decided on: Mar-25-2003

Reported in: 2003(3)ALD245; 2003(2)ALT636

ORDERGoda Raghuram, J. 1. The petitioner was the Director (Finance) employed with the Rashtriya Ispat Nigam Limited, Visakhapatnam Steel Plant, Visakhapatnam (RINL). The 3rd respondent in proceedings bearing reference No. 1(10)/95-VSP, dated 18.12.2002 intimated that the extension of tenure of the petitioner was not approved by the President and that as a consequence the petitioner be relieved from the post immediately. A copy of this intimation was also marked to the 4th respondent. Consequently the 4th respondent by proceedings dated 19.12.2002 relieved the petitioner from the post. The petitioner has challenged these proceedings. 2. According to the petitioner, after considerable years of vast and varied experience in several public sector organisations like the Fertilizer Corporation of India, Bharat Heavy Plates and Vessels Ltd., and Hindustan Petroleum Corporation Ltd., he joined the RINL in 1982 as a Deputy Chief Finance Manager. He earned several promotions. The undisputed and ...


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