Andhra Pradesh Court April 2003 Judgments
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Bhukya Bujji Vs. Bhukya Saraswathi and ors.
Court: Andhra Pradesh
Decided on: Apr-24-2003
Reported in: 2003(3)ALD621
ORDERG. Rohini, J. 1. This writ petition is filed seeking a writ of certiorari calling for records relating to the order dated 18.1.2003 in Election Petition No. J/1548/2001 on the file of the Agency Divisional Officer, Revenue Divisional Officer, Election Tribunal for Gram Panchayats at Kothagudem and to quash the same.2. The writ petitioner is the respondent No. 1 in the Election Petition, whose election as Sarpanch to Marrigudem Gram Panchayat of Garla Mandal was questioned therein. The 1st respondent herein is the Election Petitioner.3. Election to the post of Sarpanch of Marrigudem Gram Panchayat was held on 20.8.2001. The writ petitioner who secured 606 votes was declared elected to the post of Sarpanch. The 1st respondent herein who secured 466 votes filed the Election Petition under Section 233 of the A.P. Panchayat Raj Act, 1994 on the ground that the writ petitioner is having more than two children and thus suffered disqualification under Section 19(3) of the A.P. Panchayat R...
Bhagya Nagar Colony Welfare Association Vs. Government of A.P. and ors ...
Court: Andhra Pradesh
Decided on: Apr-24-2003
Reported in: 2003(4)ALD74
ORDERV.V.S. Rao, J. 1. The land comprised in Survey Nos. 162, 163, 165 and 167 to 170 of Kukatpally was developed as Bhagyanagar Colony. Layout was approved by the Hdyerabad Urban Development Authority (HUDA) by its proceedings No. 56/ MP-II/HUDA/89, dated: 5.2.1990. Multi-storeyed residential complexes/group housing were constructed and houses were allotted. A portion of the land admeasuring 2,897 sq. yards was earmarked as a park/ open space. As usually happens in all such layouts, the land earmarked as park/open space was not utilized for the purpose for which it has earmarked.2. In the year 1998, four welfare associations of Bhagyanagar Colony, namely, Bhagyanagar Residents Welfare Association thereinafter called as 'the first petitioner'), Bhagyanagar Colony Development Association, Bhagyanagar Colony Consumer Association and Bhagyanagar Manila (another association) and the Forum for People's Thought, Bhagyanagar Colony filed Writ Petition being W.P. No. 1354 of 1998. They prayed ...
Shivdat Rai Prahlad Rai Vs. Official Liquidator, High Court of A.P. an ...
Court: Andhra Pradesh
Decided on: Apr-24-2003
Reported in: 2003(4)ALD274
V.V.S. Rao, J.1. The petitioner is a firm. It seeks a writ of mandamus declaring the action of the Official Liquidator, High Court of A.P. (under Companies Act) in forfeiting the earnest money deposit (EMD) of Rs. 2,00,000/- paid by it while participating in the tender for selling the properties of M/s. A.P. Steels Ltd. (in liquidation) as illegal and arbitrary.2. The brief facts necessary for disposing of the writ petition in limini may be noticed. A.P. Steels Ltd., was ordered to be wound up and the first respondent herein namely, Official Liquidator (OL), High Court of A.P., was appointed as liquidator of the company in liquidation. The OL issued a notice inviting offers in sealed covers for sale of property. Plot No. 1 comprises of land and buildings with certain specified machinery. The upset price was fixed at Rs. 2,92,42,500/-. The petitioner submitted its tender offering to purchase lot No. 1 at Rs. 2,06,00,000/-. When the matter was placed before the Company Court for confirma...
Ravikanth Shinde Vs. Managing Director, Gujarat Heavy Chemicals Ltd. a ...
Court: Andhra Pradesh
Decided on: Apr-24-2003
Reported in: 2003(4)ALD400; [2003]45SCL89(AP)
Bilal Nazki, J.1. This is a Writ petition filed by an Advocate in public interest. The petitioner prays that respondent Nos. 1 and 2 be restrained from manufacturing, stocking and marketing their product 'kitchen salt' under the trade mark of Dandi with pictorial representation in the background which creates an impression that Mahatma Gandhi, father of the nation, is picking up salt. According to the petitioner, the trade mark Dandi itself gives an impression that it has to do something with the historical march started by the father of the nation Mahatma Gandhi during freedom struggle. This march was by way of protest against Salt laws and the respondents are selling their salt brand named as Dandi with a picture which is similar to the picture of Mahatma Gandhi and his followers taken at the time of Dandi march which has become so famous in the country for number of decades and that it is being taken almost as a sacred documentation of Mahatma Gandhi and freedom struggle. The petiti...
New India Assurance Company Limited Vs. Kurva Ashappa and ors.
Court: Andhra Pradesh
Decided on: Apr-24-2003
Reported in: 2003(4)ALD885
ORDERG. Yethirajulu, J.1. This is an appeal preferred by the New India Assurance Company Limited, Basheerbagh, Hyderabad against the order of the Commissioner for Workmen's Compensation, Hyderabad-1, dated 16-7-1996 in W.C.No. 11 of 1994 making the appellant jointly and severally liable for the compensation of Rs. 88,868/-in favour of the respondents.2. The accident 'occurred while the deceased was on duty as a cleaner in the school bus and was allowing the school children to get down from the bus at Kukatpally bus stop, the driver of the bus drove the vehicle fast, without observing the deceased getting into the bus and due to which he fell down and came under the wheels of the bus and sustained severe multiple fracture and crush injuries on the legs and, while undergoing treatment, he succumbed to injuries. The Commissioner for Workmen's Compensation, while awarding compensation, held that the appellant and the owner of the bus are jointly and severally liable to pay the compensation...
Commissioner of Income-tax Vs. Smt. T. Suryamani Kothavalasa
Court: Andhra Pradesh
Decided on: Apr-24-2003
Reported in: (2003)184CTR(AP)167; [2003]263ITR271(AP)
S. Ananda Reddy, J. 1. At the instance of the Revenue, the Income-tax Appellate Tribunal, Hyderabad 'A' Bench, Hyderabad (for short, 'the Tribunal'), referred the following questions, said to arise out of its order in I. T. A. No. 769 of 1983, dated September 25, 1986, for the assessment year 1978-79 under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), for the opinion of this court : '(i) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the share income derived by the minor, Shri T. Surya Baparao, by reason of his admission to the benefits of partnership should be regarded as share income of the Hindu undivided family represented by the minor (ii) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the share income derived by the minor, Shri T. Surya Baparao by reason of his admission to the benefits of partnership was not his...
K.M. Subramani Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Apr-24-2003
Reported in: 2003(2)ALD(Cri)44; 2003(2)ALT(Cri)350; 2003CriLJ3526
ORDERS.R.K. Prasad, J.1. This Criminal Revision Case is directed against the judgment dated 11-5-2001 in Criminal Appeal No. 12 of 2000 on the file of the IV Additional Sessions Judge, Kurnool, confirming the conviction of the revision petitioner-accused for the offence under Section 304-A, IPC and sentence of R.I. for one year and to pay a fine of Rs. 5000/-, in default to undergo S.I. for three months imposed upon him by the learned Judicial Magistrate of First Class, Special Mobile Court, Kurnool in C.C. No. 123 of 1999.2. It is alleged that the revision petitioner-accused was the driver of the lorry bearing Registration No. TDS 7808 and on the date of accident i.e. on 21-6-1997 at about 5 p.m. he drove the lorry in the busy locality called Birla traffic junction in Kurnool town in a rash and negligent manner and dashed against two persons viz., Harijana Meesala Krishna and C. Venkata Krishna Kumar who were going on a scooter towards B. Camp side and caused their death. Hence he was...
Shaik Bashu Vs. Collector and District Magistrate and anr.
Court: Andhra Pradesh
Decided on: Apr-24-2003
Reported in: 2003(1)ALD(Cri)1008; 2003(3)ALT625
ORDERS. Ananda Reddy, J.1. This Writ Petition is filed by the Petitioner praying for issue of a writ of Habeas Corpus directing the respondents to produce his son, S. Abubakar who is detained in the Chenchalguda Central Prison, Hyderabad, before this Court and to release him forthwith after declaring that his detention is illegal and invalid.2. It is stated that by an order dated 28-1-2003 under Section 3(2) read with Section 3(1) of the A.P. Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short, the Act), the Collector and the District Magistrate, Anantapur ordered detention of the Petitioner's son on the ground that he is a boot-legger and his activities are prejudicial to the maintenance of public order. The State Government, on 3-2-2003, approved the said order of detention. The Advisory Board reviewed the case on 3-3-2003, and by an order dated 6-3-2003, the Government confirmed the or...
Cit Vs. Smt. T. Suryamani Kothavalasa
Court: Andhra Pradesh
Decided on: Apr-24-2003
Reported in: [2003]130TAXMAN538(AP)
S. Ananda Reddy, J.At the instance of the revenue, the Income Tax Appellate Tribunal, Hyderabad A Bench, Hyderabad, (hereinafter referred to as the Tribunal) referred the following questions, said to arise out of its order in ITA No. 769 of 1983, dated 25-9-1986 for the assessment Year 1978-79 under section 256(2) of the Income Tax Act, 1961 (hereinafter referred to as the Act.'), for the opinion of this court :'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the share income derived by the minor Shri T. Surya Baparao by reason of his admission to the benefits of partnership should be regarded as share income of the HUF represented by the minor?2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the share income derived by the minor Shri T. Surya Baparao by reason of his admission to the benefits of' partnership was not his individual income and hence the ...
Vel White Horse Distellries Pvt. Ltd., Reptd. by Its Managing Director ...
Court: Andhra Pradesh
Decided on: Apr-23-2003
Reported in: 2003(4)ALD189
ORDERV.V.S. Rao, J.1. The first petitioner is a company incorporated under the Companies Act, 1956 and the second petitioner is one of the Directors of the said company. The petitioners challenge the orders of the first respondent in G.O.Ms. No. 552, Revenue (Ex.III) Department, dated 1-7-1997 and consequential distillery licence granted by the second respondent to the fourth respondent as illegal and discriminatory being opposed to law. The petitioner also seeks a declaration that Rule 10-A of the A.P. Distillery Rules, 1970 (hereafter called 'the Rules') as amended by G.O.Ms. No. 373, Revenue (Excise) Department, dated 9-5-1997 as illegal and unconstitutional. Be it noted, the impugned Rule 10-A empowers the Government to exempt any distillery from obtaining letter of intent from the Government, a no objection certificate from municipality or any local body and a no objection certificate from Chief Inspector of Factories as prescribed under Rules 3 and 9 of the Rules. Be it also note...
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