Andhra Pradesh Court March 2003 Judgments

Arora Enterprises and Another Vs. Superintendent of Police

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. This is an application to condone the delay of 9 days in filing the appeal. 2. What is stated in the affidavit of the Advocates clerk of the petitioner is that though the appeal has to be filed before 7.1.2003 and also the papers were entrusted on 6.1.2003 due to heavy work, the appeal could not be filed till 15.1.2003. The period of limitation cannot be extended depending on the work-load on the clerk-cum-typist. Hence this application is devoid of merits and is accordingly dismissed. Even otherwise there are no merits in the appeal. 3. The opposite parties in C.D. No. 113/2002 on the file of District Forum, West Godavari, Eluru are the appellants. 4. The case of the complainant is that he is the Superintendent of Police, West Godavari who ordered for supply of Gym material with 10 guage standard with specifications mentioned in the quotation from the appellants. But actually what was supplied is 9 guage material which are inferior quality and defec...

S. Narasimha Kumar Vs. State of A.P., Rep. by Public Prosecutor

Court: Andhra Pradesh

Reported in: 2003(1)ALD(Cri)651; 2003(2)ALT(Cri)441

L. Narasimha Reddy, J.1. All these revisions arise out of the Judgment of the Court of the VII Additional Munsif Magistrate, Guntur in C.C. No. 53 of 1990. A1 was charged with offences under Sections 381, 411 and 120-B of the Indian Penal Code. A2 to A11 and A15 were charged with offences under Sections 120-B and 414 I.P.C. A12 to A14 were charged with offence under Section 411 I.P.C. A4 died during the trial of the case. The case against A10 was separated. Through its Judgment dated 26-11-2000 the trial Court convicted the above said accused for the offences alleged against them and awarded sentences of various descriptions.2. Aggrieved thereby, the accused have filed the following criminal appeals in the Court of IV Additional Sessions Judge, Guntur.1. Criminal Appeal No. 616 of 2000 (A1)2. Criminal Appeal No. 595 of 2000 (A2, A5 to A8 and A11)3. Criminal Appeal No. 610 of 2000 (A3).4. Criminal Appeal No. 631 of 2000 (A9).5. Criminal Appeal No. 598 of 2000 (A12 to A14)6. Criminal App...

Raidurg Co-operative House Building Society Limited and ors. Vs. Gover ...

Court: Andhra Pradesh

Reported in: 2003(3)ALD2; 2004(3)ALT221

ORDERV.V.S. Rao, J.Introduction1. The core question in all the five writ petitions is whether the Government of Andhra Pradesh, the first respondent herein, committed any error apparent on the face of the record in passing the orders in Memo No. 39408/SS.1/1994-42, dated 13-11-2001 justifying the prayer made in the writ petition to declare the same as illegal, unauthorized, against the principles of natural justice and void. All the writ petitions were heard together and are being disposed of by this common order. Shorn of the details, by the impugned order, the Government has concluded that the land admeasuring Acs. 279.22 gts. comprised in Sy.No. 66 of Raidurg Village in Ranga Reddy District is Government land and, therefore, there is no need to order implementation of supplementary Sethwars (See Glossary of Revenue terms in the footnote*), which are incorrect and unwarranted. It is a decision not to implement the supplementary Sethwars and nothing else. Why then, the petitioners are...

S.V.B.N.R. English Medium High School Vs. Commissioner of Endowments a ...

Court: Andhra Pradesh

Reported in: 2003(4)ALD173; 2003(4)ALT802

G. Bikshapahty, J.1. This Civil Revision Petition is filed challenging the Order passed by the 1st respondent-Commissioner, Endowments in I.A. No. 1 of 2002 in O.A. No. 1 of 1988, dated 31.8.2002.2. Originally Civil Revision Petition was filed under Section 91 of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 read with Section 115 of Civil Procedure Code. But, however, an application was filed to convert the Civil Revision Petition under Article 227 of Constitution of India. The said petition was allowed.3. The relevant facts leading to the filing of the revision petition briefly stated are as follows:2nd respondent- Tirumala Tirupati Devasthanams (hereinafter called 'T.T.D') filed an application before the 1st respondent-Commissioner, Endowments in O.A.No. 1 of 1988 under Sub-section (1) of Section 83 Read with Section 118 of Act 30 of 1987 (A.P. Charitable and Endowments Act) to pass orders for removal of encroachment by the petitioner/respondent in O.P. No...

A.P. Kerosene Wholesale Dealers Federation Vs. Commissioner of Civil S ...

Court: Andhra Pradesh

Reported in: 2003(4)ALD102

ORDERV.V.S. Rao, J.1. Andhra Pradesh Kerosene Wholesale Dealers Federation is the petitioner. They seek a Writ of Mandamus declaring the action of respondents in introducing 'delivered supply' system of kerosene and the direction to the dealers to have underground storage facility as illegal and void. They also seek a consequential direction to the respondents to continue the existing system of distribution of kerosene. The petitioner claims to be representing 600 of its members, who are wholesale dealers in kerosene. The policy challenged reads as under:1. The decision of delivering SKO to wholesalers premises will first be implemented for those dealers who have storage tank facility. Metropolitan towns will not be covered at present as presently shortage is not available there.2. Oil Companies will arrange for necessary fleet of trucks ready in six months time, for which tenders, etc., or negotiations with present tank truck owners should begin at once. Delivered supplies should begi...

Varanasi Gangaraju (Died) by Lrs. Vs. Eamani Krishna Swamy

Court: Andhra Pradesh

Reported in: 2003(4)ALD571; 2003(3)ALT745

ORDERS.R.K. Prasad, J. 1. This Civil Revision Petition is directed against the judgment and decree passed in Small Cause Suit No. 43 of 1995 by the Principal Junior Civil Judge, Bhimavaram. The suit is filed for recovery of Rs. 535/- towards arrears of makthas of Rs. 200/- for the year 1993; Rs. 200/- for the year 1994 and Rs. 135/- for the year 1995 due from the defendant being the revision petitioner herein. The revision petitioner mainly contends that there is no landlord and tenant relationship existing in between the plaintiff and the defendant. He never took Ac.0.17 cents of land situated in S.No. 286 of Lusarigutlapadu on lease at any time. He has also denied the liability to pay the amount. It is also contended that the suit itself is not maintainable under the provisions of the Provincial Small Causes Courts Act, 1887. After trial, the suit is decreed with costs. Aggrieved by the same, this revision is preferred. 2. The point for consideration is whether the Small Causes Court...

Godavari Fertilisers and Chemicals Ltd. Vs. Commissioner of Commercial ...

Court: Andhra Pradesh

Reported in: [2004]138STC133(AP)

S. Ananda Reddy, J.1. This special appeal by the assessee is directed against the order, dated January 3, 1994 passed by the Commissioner of Commercial Taxes under Section 2(1) of the Andhra Pradesh General Sales Tax Act, 1957 (herein after referred to 'the Act'), exercising the powers of revision, revising the order of the Appellate Deputy Commissioner of Commercial Taxes, who allowed the appeal of the assessee.2. The assessee-company was dealing in fertilisers during the assessment year 1986-87. The assessee-company has got a factory at Kakinada, East Godavari district for the manufacture of various fertilisers, which commenced its production in the year 1988. But, in order to establish the market to its products, the assessee-company imported certain fertilisers, such as Di-Ammonia Phosphate (DAP), Urea, etc., and sold through its distributors. For the assessment year in question, the assessee declared a gross-turnover of Rs. 38,48,09,511 and a net turnover of Rs. 31,76,66,874. In t...

Shaik SharfuddIn Alias Bukka SharfuddIn Vs. Joint Collector and ors.

Court: Andhra Pradesh

Reported in: 2003(5)ALT108

ORDERGhulam Mohammed, J. 1. This writ petition is filed seeking a writ of Certiorari calling for the records pertaining to the order passed by the 1st respondent in his Proceedings No. B/3/ 418/94 dt. 8-8-1995 confirming the order passed by the 2nd respondent in Proceedings No. J/2994/1987 dt. 11-6-1992 and quash them as being illegal, arbitrary, unjust and violative of the provisions of the A.P. (T.A.) Abolition of Inams Act, 1995 (for short 'the Act') and consequently declare that the respondents 3 to 6 are not entitled for occupancy rights certificate to an extent of Ac. 9.20 gts. out of Ac. 11.35 gts. ir S.No. 168 situated at Nagaram village, Maheswaram Mandal, Ranga Reddy District.2. The case of the petitioner is that he purchased an extent of Ac. 11.35 gts. of dry land in S.No. 168 situated at Nagaram village through an unregistered sale deed dt. 16-7-1957 from one Mangali Shankaraiah, Mangali Lakshmaiah and others and since then he has been in possession and enjoyment of the sam...

K. Narasimha Chary Vs. State of A.P., Rep. by Public Prosecutor

Court: Andhra Pradesh

Reported in: 2004(1)ALD(Cri)516; 2003CriLJ3315

L. Narasimha Reddy, J.1. This is an appeal preferred by the accused against the judgment in C.C. No. 8 of 1995 on the file of the Special Judge for SPE & ACB Cases, Nellore. The accused was tried for the offences punishable under Sections 7, 11, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 (for short 'the Act'). The trial court through its judgment dt. 6.12.1996 held the accused guilty of the said offences. Accordingly, it convicted and sentenced him to undergo R.I for one year and to pay a fine of Rs. 1000/- in default to undergo S.I for two months for the offence under Section 7 and to undergo R.I for 18 months and to pay a fine of Rs. 1,500/- in default to undergo S.I for three months for the offence punishable under Section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act. The sentence of imprisonment was directed to run concurrently.2. The accused was working as Mandal Revenue Inspector in the office of Mandal Revenue Officer, Cuddapah during the year 1994. P...

Mahati Wines Vs. Revenue Department and ors.

Court: Andhra Pradesh

Reported in: 2003(3)ALD24

ORDERV.V.S. Rao, J.1. In the event of permission being granted for shifting of IL-24 shop from one licensed premises to other, what is the licence fee to be collected? This question of some seemingly importance that falls for consideration in these writ petitions. As the question arises in both the writ petitions, both are being disposed of by this common order.2. The petitioner in W.P. No. 17837 of 2002 was initially granted a licence in Form IL-24 under A.P. Indian Liquor and Foreign Liquor Rules, 1970 ('the Rules') for running a wine shop at Eepurupalem village during the year 1998-99. The petitioner in W.P. No. 20258 of 2002 was granted such a licence in the same village for the same year. As there was agitation in the said village, the third respondent, on an application made by the petitioners, permitted shifting of their IL-24 shops to other places. The petitioner in W.P. No. 17837 of 2002 was permitted to shift the shop to East Gangavaram village and the petitioner in W.P. No. ...