Andhra Pradesh Court March 2003 Judgments

Shirdi Sai Wines Vs. Commissioner of Prohibition and Excise and anr.

Court: Andhra Pradesh

Reported in: 2003(3)ALD1; 2003(2)ALT660

ORDERV.V.S. Rao, J.1. The petitioner applied for a licence in Form IL-24 to establish a shop in Hyderabad for the year 2002-03 pursuant to a notification issued by the second respondent on 8-4-2002, Whatever be the reason, by proceedings dated 10-7-2002, the first respondent accorded permission to establish a shop of IL-24 by the petitioner at Mulgi No.13-1-9/1/2, New Bhoiguda Kaman, Hyderabad. Consequent thereto, the second respondent issued a licence by proceedings dated 11-7-2002. The petitioner paid first instalment of licence fee at Rs. 4,10,000/- in accordance with Rule 25(9) of the A.P. Indian Liquor and Foreign Liquor Rules, 1970 ('the Rules'). In the month of August 2002, he also paid second instalment of Rs. 4,10,000/- Contending that as he was granted licence in July 2002, he is liable to pay the proportionate licence fee from July, 2002onwards and not from April 2002 onwards, he filed the writ petition seeking a direction to the respondents to collect proportionate licence ...

V. Kutumba Rao Vs. M. Chandrasekhar Rao and anr.

Court: Andhra Pradesh

Reported in: 2003(2)ALD(Cri)830; 2003(2)ALT(Cri)226; III(2003)BC500; 2003CriLJ4405

ORDERDubagunta Subrahmanyam, J.1. The background facts for Criminal Petition No. 1698 of 2001 and Criminal R.C. No. 761 of 2001 are same. Therefore, both the petitions are being disposed of by a common order.2. M. Chandrasekhara Rao (hereinafter referred to as 'complainant') subscribed to various chits run by V. Kutumba Rao (hereinafter to be referred as 'accused') in the name of Swapna Priya Chits & Finance Private Limited. Accused was running it benami in the name of his brother V. Satynarayana as Executive Director and Sri G.S. Reddy as Managing Director. Complainant subscribed various amounts to various chits. In all the accused became liable to pay Rs. 6,00,000/- to the complainant. He executed two promissory notes dated 15.8.1998 for Rs. 3,00,000/- each in favour of the complainant promising to repay those amounts with interest @ 24% per annum. Subsequently the accused issued five post-dated cheques for a total sum of Rs. 1,86,750/- to the complainant. Complainant deposited those...

Subhash Chandra Sariya and anr. Vs. Amara Nagarjuna Cotton Corporation ...

Court: Andhra Pradesh

Reported in: 2003(1)ALD(Cri)891; 2003(1)ALT(Cri)466; I(2004)BC418

ORDERK.C. Bhanu, J.1. This petition is filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C. No. 181/1997 on the file of the learned IV Additional Munsif Magistrate, Guntur.2. 1st respondent filed a private complaint against petitioners-A2 and A3, and one another under Sections 138 and 142 of the Negotiable Instruments Act, hereinafter to be referred to as 'the Act' alleging that it supplied cotton lints to the accused on credit basis for the discharge of which A1 issued two cheques bearing Nos. B A/1 837667 and B A/1 837669, dated 27.11.1996 and 12.12.1996 for Rs. 2,50,000/- and Rs. 2,55,816/- respectively, drawn on Allahabad Bank, Kanpur. The cheques were returned unpaid with an endorsement, 'insufficient funds'. 1st respondent after issuing statutory notice calling upon the accused to pay the amount covered by the bounced cheques, lodged the complaint, when the accused failed to pay the amount, which was registered as C.C. No. 181/1997 on the fil...

Dr. S.V.S. Ravi Krishna Vs. K. Sita Ramaiah and anr.

Court: Andhra Pradesh

Reported in: 2003(3)ALT569

ORDERP.S. Narayana, J.1. This Court on 22-7-2002 had ordered Notice Before Admission and in response to the notice, the counsel for the respondents had made his appearance.2. This Civil Revision Petition is filed as against an order dated 23-4-2002 made in I.A.No. 1495/2001 in O.S.No. 174/99 on the file of II Additional District Judge, Ranga Reddy District.3. The Revision Petitioner, Dr. S.V.S. Ravi Krishna, is the petitioner in I.A. No. 1495/2001 in O.S.No. 174/99 and the plaintiff in the said suit. The petitioner filed the aforesaid suit as against the respondents/defendants praying for a declaration as the sole legal heir of late Dr. Padma Priya and also for a declaration that the gift settlement deed dated 17-6-1999 executed by the 1st defendant in favour of the 2nd defendant is null and void and also for a further declaration that the plaintiff is the absolute owner of Schedule I to Schedule VI properties and for a consequential injunction restraining the defendants and any other ...

S.A. Azeez Vs. Pasam Hari Babu and anr.

Court: Andhra Pradesh

Reported in: 2003(1)ALD(Cri)595; 2003(2)ALT(Cri)107; 2003CriLJ2462

ORDERK.C. Bhanu, J.1. Accused No. 1 in C.C. No. 286/1998 on the file of the learned VI Additional Munsif Magistrate, Guntur, filed this petition under Section 482 of the Code of Criminal Procedure, to quash the proceedings therein against him.2. 1st respondent lodged a private complaint against the petitioner and others, numbered as C.C. No. 286/1998, on the file of the learned VI Additional Munsif Magistrate, alleging that when the petitioner was working as Sub-Inspector of Police, Chebrolu Police Station, he arrested the 1st respondent in execution of non-bailable warrant issued by the learned VI Additional Munsif Magistrate, Guntur, in C.C. No. 196/1995, on 1-7-1997, but detained the 1st respondent illegally and beat him in the police station and produced him in the Court on 7-7-1997. The learned Magistrate took cognizance of the offence under Sections 343 and 324 of the Indian Penal Code. Later, petitioner filed Crl. M.P. No. 1161/2000 before the lower Court to discharge him on the...

Mumtaz T. Khambati Vs. Branch Manager, Karur Vysya Bank Ltd.

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Dr. (Mrs.) Mamata Lakshmanna, Member: 1. This appeal is filed by the unsuccessful complainants in O.P. No. 1132/1994 on the file of District Forum-II, Hyderabad. 2. The case of the complainants is that they had an understanding with the opposite parties that foreign remittance made in London on to transfer his account in India will be done at the best possible rate in Indian rupees for that particular day and the proceeds would be converted into certificates of deposit for 91 days carrying the best possible rate of interest applicable 3. In pursuance of the above understanding the donors of the complainants deposited an amount of 3,08,675.75 on 15.10.1991 at 9.00 a.m. (GMT) at London. The opposite parties bankers informed their international Division Branch at Madras on the same day by telex, the fact of deposit of money in the complainants account and this fact was also informed to opposite party No. 1 by telephone at Secunderabad to deposit Rs. 1,35,80,101.00 into 8 accounts of 8 co...

Bhagyanagar Energy and Telecom Limited and anr. Vs. Bharat Sanchar Nig ...

Court: Andhra Pradesh

Reported in: 2003(3)ALD257; 2003(3)ALT389

ORDERN.V. Ramana, J. 1. In both these writ petitions, the orders issued in Circular No. 218.1/2000-MMS, dated 10-7-2002, informing all the Chief General Managers of AH Territorial Circles/Metro Districts CGM TS/ALTTC/BRBRAITT, to procure Cable Jointing Kits only from indigenousmanufacturers, who manufacture from the granules stage, is assailed. 2. The respondent-Bharat Sanchar Nigam Limited (BSNL), which a Government of India Enterprise, purchases Cable Jointing Kits for Polyethylene Insulated Jelly Filled Cables, which are used for laying underground cables for installation of telephone lines. Only those who possess Type Approval Certificate are entitled to participate in the tenders for supply of Cable Jointing Kits to the respondent. The petitioners, who possess Type Approval Certificate, are engaged in the supply of Cable Jointing Kits to the respondent for the last many years. 3. According to the petitioners, a Cable Jointing Kit has several components, which includes Heat Shrink ...

Richard Fritchley and ors. Vs. Management of Gatesway Hotel and ors.

Court: Andhra Pradesh

Reported in: 2003(3)ALD265; 2003(3)ALD265; 2003(4)ALT90; 2003(4)ALT90; [2003(97)FLR1141]

ORDERGhulam Mohammed, J. 1. This writ petition is filed assailing the order dated 10-5-1995 passed in SA No. 4 of 1995 by the 3rd respondent-Second Appellate Authority under the A.P. Shops and Establishment Act, 1988, (for short, 'the Act') in confirming order dated 13-12-1994 passed in SE No. 26 of 1991 and Batch by the 2nd respondent-Primary Authority under the Act. 2. The facts of the case, in brief, are thus: 3. The petitioners state that they were appointed in various posts on various dates in Hotel Banjara, Hyderabad, and while so in the year 1988, the 1st respondent-Gateway Hotel took over the Hotel and sought the willingness of the employees to continue in service under the new management and accordingly they intimated their willingness to continue in serviceunder the new management. It is further stated that on 31-8-1990 the employees union submitted a charter of demands mainly demanding increase in wages and to extend other applicable benefits, to which the 1st respondent off...

A. Sujatha Vs. Special Secretary to State Legislature, Govt. of A.P. a ...

Court: Andhra Pradesh

Reported in: 2003(3)ALD533; 2003(3)ALT344

ORDERGoda Raghuram, J. 1. Heard the learned counsel for the petitioner. Learned Assistant Government Pleader for Finance and Planning submits that the representation of the respondents has been entrusted to the learned Government Pleader for 'Services-III' and that the learned Government Pleader for Finance and Planning is not representing the respondent Nos. 1 and 2. There is no representation on behalf of the learned Government Pleader for Services-Ill. 2. The petitioner is presently employed as a 'Personal Assistant' to the Leader of the Bharatiya Janata Party Legislature Party Office (tor short 'BJPLP'). She challenges the Office Order bearing Rt. No. 777/O.P.I/95 dated 16-10-1995 issued by the 1st respondent as arbitrary and illegal and seeks a direction to the 1st and 2nd respondents to regularise her services from the date of her initial appointment i.e., 10-09-1985 with all incidental and consequential benefits consequent on the scheme of regularisation issued in G.O. Ms. No. 2...

Meherunnisa Begum Vs. Mandal Revenue Officer and anr.

Court: Andhra Pradesh

Reported in: 2003(3)ALD731

ORDERV.V.S. Rao, J. 1. The petitioner seeks a writ of mandamus declaring that she is entitled for transfer of hawker's licence in her name or in the name of her eldest son being legal heirs of her deceased husband as per Government Memo No. 47228/CS,II/89-1, Food and Agriculture (CS) Department, dated 8.8.1989, and to set aside the order dated 20.5.1997 issued by the second respondent herein whereby and whereunder her request for transfer of the licence was rejected.2. The fact of the matter is not in dispute. The petitioner's husband Mohammed Shariff was granted kerosene hawker's licence under Andhra Pradesh Petroleum Products (Licensing and Regulation of Supplies) Order, 1980 (for short, the Order). On 12.5.1997 he died. Therefore, placing reliance on Government Memo dated 8.8.1989 she filed an application on 17.5.1997 before the second respondent seeking transfer of hawker's licence in her name or in her son's name. The second respondent after referring to judgment of this Court in ...