Andhra Pradesh Court July 2003 Judgments
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Adarsha Adivasi Mahila Samithi and ors. Vs. Agent to the Government an ...
Court: Andhra Pradesh
Decided on: Jul-28-2003
Reported in: AIR2003AP536; 2003(5)ALD284; 2003(5)ALT287
ORDER1. Heard both the sides.2. Since the issue involved in both the writ petitions is one and the same, except minor details like dates and places of tender notification, they are being disposed of by this common order.3. The petitioner's are the societies consisting of the members belonging to the scheduled tribes. Their grievance in both the writ petitions is that the Andhra Pradesh Road Transport Corporation (for short 'the Corporation'), which is an instrumentality of the State is leasing the stalls/shops in the Bus Stations situated in agency areas, to non-tribals by inviting tender, which is contrary to Section 3 of Andhra Pradesh Scheduled Areas Land Transfer Regulations, 1959 (for short 'the Regulations') and also contrary to the law laid down by the Supreme Court in Samatha v. State of A.P., : AIR1997SC3297 . The petitioners also relied on a judgment of a Division Bench of this Court reported in Pingili Pratap Reddy v. Dandu Pullam Raju, 1989 (3) ALT 319, and stated that any ...
Smt. Glory Silva Marlapudi Vs. Dr. Prem Kumar Marlapudi and ors.
Court: Andhra Pradesh
Decided on: Jul-25-2003
Reported in: 2003(5)ALD307; 2003(2)ALD(Cri)392
ORDERV.V.S. Rao, J.1. The petitioner is a proprietor of M/s. Sairam Picture Palace, Jammalamadugu, Cuddapah District. He holds B-form licence under A.P. Cinemas (Regulation) Act, 1955 and A.P. Cinemas (Regulation) Rules, 1970. On 5.6.2000 the respondents visited the theatre. They conducted a panchanama and seized and sealed theatre on the allegation that the petitioner was screening obscene films and allegedly committed offence under Section 294 of Indian Penal Code (IPC) and Section 7 of the Cinematograph Act, 1952 (Central Act). Challenging the action of respondents in seizing and sealing the theatre, the writ petition is filed. 2. While admitting the writ petition this Court on 12.6.2000 issued interim orders in W.P.M.P. No. 12555 of 2000 directing the respondents to lift seizure of the theatre and permit the petitioner to exhibit films. This Court also observed that seizure of the theatre by the respondents is without any authority of law. 3. A counter affidavit is filed by Inspect...
Nagarjuna Fertilizers and Chemicals Limited, Represented by Its Compan ...
Court: Andhra Pradesh
Decided on: Jul-25-2003
Reported in: 2003(4)ALD803; 2003(4)ALT750
B. Sudershan Reddy, J.1. The petitioners invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus declaring the notification dated 4-6-2002, whereunder the Government of India fixed the policy parameters for 7th and 8th pricing periods commencing from 1st July, 1997 and 1st April, 2000 respectively, as unconstitutional and ultra vires the powers of the respondents. The petitioners also pray for issuance of a consequential declaration declaring the letter dated 21st August, 2002 for Plant-I and letter dated 17th September, 2002 for Plant-II issued by the respondents as illegal, void and unenforceable. Factual Matrix: 2. The first petitioner herein is a public limited company incorporated under the provisions of the Companies Act, 1956. The company has set up a factory for the purpose of manufacture of Urea at Kakinada, East Godavari District in the State of Andhra Pradesh. 3. The industrial licence obta...
Raghu Praveen and ors. Vs. Revenue Divisional Officer
Court: Andhra Pradesh
Decided on: Jul-25-2003
Reported in: 2003(5)ALD218
ORDERL. Narasimha Reddy, J.1. The Convention of Baptist Churches of Northern Circars (CBCNC), Kakinada, held about Ac.30.00 of land in Kakinada Town. The land is covered by an Educational Institution, Father's Bungalow and Church. The petitioners contend that the CBCNC executed as many as 42 sale deeds alienating the land, which was covered by the Father's Bungalow.2. When the documents were presented for registration, the second respondent herein had demanded stamp duty and registration charge, over and above that was paid on the respective documents. Out of 42 purchasers, 15 have complied with such a demand and their respective sale deeds were released after registration. The documents relating to the petitioners herein, 13 in number, and others remained unregistered. The petitioners came forward to deposit the stamp duty and registration charges as demanded, for release of the sale deeds. However, the second respondent refused to accede to the request, on the ground that he has been...
Sri Sai Educational Society and anr. Vs. State of Andhra Pradesh and o ...
Court: Andhra Pradesh
Decided on: Jul-25-2003
Reported in: 2003(5)ALD361; 2003(6)ALT499
ORDERV.V.S. Rao, J. 1. As similar questions of fact and law are involved in these two writ petitions, it is necessary to dispose of them by a common order. Both the institutions are private educational institutions running junior colleges. On allegations that the colleges are involved in scholarship scam and that the Principal and the Management forged the signatures of concerned Mandal Revenue Officers and also ineligible students, the Commissioner and Secretary, Board of Intermediate Education, the third respondent herein, by the impugned order dated 17-5-2003 disaffiliated and de-recognised both the colleges. The orders passed by the third respondent are challenged in these writ petitions.2. The events leading to filing of the writ petitions are almost similar. Therefore, the allegations and facts in W.P. No. 10481 of 2003 may be noticed. The first petitioner, Sri Sai Educational Society, is running the second petitioner college, Little Flower Junior College since 1993-94 after obta...
R. Jayasimha Reddy Vs. Government of A.P. and anr.
Court: Andhra Pradesh
Decided on: Jul-25-2003
Reported in: 2003(5)ALD421; 2004(3)ALT205
ORDERV.V.S. Rao, J.1. The petitioner who is a resident of Beerolu Village, Tirumalayapalem Mandal in Khammam District, filed the writ petition seeking a writ of mandamus declaring the action of the respondents namely, Government of Andhra Pradesh in Revenue Department and the Mandal Revenue Officer (MRO), Tirumalayapalem Mandal, in treating his possession in respect of an extent of Ac.1.47 gts. in Sy.No. 97 of the said village (hereafter called 'the disputed land') as unauthorized and as encroachment, is illegal. The petitioner also seeks a declaration that he is the absolute owner thereof and the respondents have no authority or jurisdiction to interfere with his possession over the land.2. The petitioner claims that disputed land has been in possession of his grandfather, father and himself for the last about 60 years. He alleged that his grandfather's name was recorded in sethwar since 1330-F (1920 A.D.). His grandfather constructed a house, cattle shed and other buildings fifty yea...
Canara Bank Vs. Mopeds India Ltd.
Court: Andhra Pradesh
Decided on: Jul-25-2003
Reported in: [2005]124CompCas824(AP); [2004]50SCL105(AP)
ORDERV.V.S. Rao, J.1. In this application (appeal) filed under Rule 164 of the Companies (Court) Rules, 1959 by Canara Bank (appellant) assails by the Notice of Rejection of Proof of Debt in Form No. 66 dated 17-6-2002 (hereafter called 'the impugned order') issued by the Official Liquidator of the High Court of A.P.2. M/s. Mopeds India Ltd. was ordered to be wound up by this Court on 17-10-1990. After the Official Liquidator issued notice under Rule 148 of the Companies (Court) Rules, 1959 inviting claims, the appellant Canara Bank filed an application claiming an amount of Rs. 19,97,80,404.18p. The claim was not totally admitted. The bank filed an application being C.A. No. 54 of 2002 in C.P. No. 48 of 1989. This Court set aside the order of the Official Liquidator and directed him to pass orders on merits giving detailed reasons for acceptance or rejection of the claim of the bank. Accordingly, the Official Liquidator directed the bank to file any proof of their claim for about Rs. ...
Popuri Sunita Lakshmi Vs. Poppuri Srinivas
Court: Andhra Pradesh
Decided on: Jul-25-2003
Reported in: AIR2004AP187; II(2004)DMC283
T. MEENA KUMARI, J.1. This appeal is directed against the order of the Senior Civil Judge, Kothagudem dated 29-7-2000 made in O.P. No. 122 of 1996 allowing the O.P.2. The appellant herein is the wife. The respondent filed the above O.P. under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short, the Act) for dissolution of the marriage by a decree of divorce on the ground of cruelty. The marriage between the appellant and the respondent took place on 15-12-1991 and thereafter they lived together at Kothagudem and out of the said wed lock they were pleased with a daughter. It is stated that thereafter the appellant started quarrelling with him to put up a separate residence. It is stated that the appellant used to leave the house without informing him and he used to bring her back from her parents' house. The respondent further stated that as he refused to set up a separate residence, the appellant developed ill-will and started quarrelling with his parents and used to scold the...
Vempati Kanuka Rao and anr. Vs. the State of A.P. and Etc.
Court: Andhra Pradesh
Decided on: Jul-25-2003
Reported in: 2004(2)ALD(Cri)227; 2004CriLJ877
K.C. Bhanu, J. 1. The Criminal Appeal No. 42 of 2000 is directed against the Judgment rendered by the learned Sessions Judge, Krishna at Machilipatnam dated 14-12-1999 in Sessions Case No. 314 of 1996, convicting and sentencing the appellants-accused to undergo R.I. for a period of three years each and also to pay a fine of Rs. 5000/-each in default to suffer S.I. for six months for the offence under Section 411 of the Indian Penal Code.2. The Criminal Revision Case is filed by the de facto complainant against the acquittal of the appellants-accused for the offence under Section 302 of the Indian Penal Code.3. Since both the matters arise out of the same Sessions Case, they are disposed of together by this common judgment.4. The Inspector of Police, Mylavaram Circle filed charge-sheet against both the appellants-accused alleging that on the mid night of 24-6-1996, while the deceased Juluru Appa Rao was proceeding to his home in Polisettipadu village after getting down at the village bu...
A.P. State Financial Corporation Vs. Mopeds India Limited (In Liquidat ...
Court: Andhra Pradesh
Decided on: Jul-25-2003
Reported in: [2005]124CompCas833(AP); [2006]65SCL38(AP)
V.V.S. Rao, J.1. These company appeals (applications) are filed by the A. P. State Financial Corporation (SFC) under Rule 164 of the Companies (Court) Rules, 1959, against the notice of rejection of proof of debt issued by the official liquidator of the High Court of A. P., dated June 17, 2002. C. A. No. 535 of 2002 is filed seeking suspension of the notice of rejection dated June 17, 2002, whereas C. A. No. 536 of 2002 is filed to set aside the said notice of rejection.2. The affidavits and the documents filed in these matters disclose the following facts. M/s. Mopeds India Ltd., the first respondent herein (hereafter called 'the 'company') was ordered to be wound up by this court by an order dated October 17, 1990, passed in C. P. No. 48 of 1989 pursuant to the recommendation made by the Board for Industrial and Financial Reconstruction under the Sick Industrial Companies (Special Provisions) Act, 1985. The Canara Bank, the second respondent herein, filed a suit being O. S. No. 139 o...