Andhra Pradesh Court August 2003 Judgments
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Estate Officer and Manager (Recoveries), A.P. Industrial Infrastructur ...
Court: Andhra Pradesh
Decided on: Aug-06-2003
Reported in: AIR2004AP198; 2003(5)ALD599; 2003(5)ALT216; III(2004)BC290
B. Sudershan Reddy, J.1. This batch of writ petitions and Contempt Case may be disposed of by a common order since the subject-matter that arises for consideration in all of them is one and the same and they are inter-related and interconnected. The parties in all the cases, except in W.P. No. 24115 of 1998, are also one and the same.2. W.P. Nos. 14174, 24502 and 36133 of 1998 are filed by the Andhra Pradesh Industrial Infrastructure Corporation Limited (APIIC) whereas W.P. Nos. 24060 of 1998 and 17443 of 1999 are filed by the Syndicate Bank.3. For the sake of convenience, we shall refer to the parties by their names i.e., APIIC and Syndicate Bank instead of referring to them as petitioners and respondents. We shall refer to the M/s. United Auto Tractors Limited, who is the allottee of the land and principal borrower as 'the company'.4. The APIIC filed W.P. No. 14174 of 1998 challenging the proclamation of sale dated 21-1-1998 of Recovery Officer, Debts Recovery Tribunal (DRT), Bangalo...
Andhra Steel Corporation Limited Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Aug-06-2003
Reported in: 2003(6)ALD769; [2004]136STC504(AP)
Dalava Subrahmanyam, J.1. This revision is directed against the order of the Sales Tax Appellate Tribunal in TA No. 509 of 1990 dated 4-3-1994 in dismissing the appeal and confirming the order of the Appellate Deputy Commissioner in disallowing the exemption claimed by the petitioner.2. The brief facts of the case are as follows:The petitioner-M/s. Andhra Steels Corporation Limited, Visakhapatnam is a registered dealer under A.P.G.S.T. Act (for short 'the Act') dealing in all types of iron and steel products. The assessee purchased pig iron during the years 1983 to 1985 to an extent of Rs. 12,44,120/- from the registered resident dealers and manufactured ingot moulds from the said pig iron in its cast iron factory. Subsequently, the ingot moulds have become unserviceable in the year 1987-88 and they were broken and sold to resident registered dealers as scrap. The dealer claimed exemption on such sale of scrap on the ground that the pig iron from which the castings were manufactured we...
Shaik Nurjahan Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Aug-06-2003
Reported in: 2003(2)ALD(Cri)592; 2003(2)ALT(Cri)291; 2004CriLJ78; II(2003)DMC788
S.R.K. Prasad, J.1. This Criminal Appeal is directed against the judgment rendered in the Sessions Case No. 142 of 1995 on the file of Principal Sessions Judge, Khammam, convicting and sentencing A-1 to undergo Rigorous Imprisonment for a period of five years of the offence under Section 304, Part II, IPC.2. The factual matrix that arise for consideration can be briefly stated as follows :The deceased Khader Bee is the daughter of A-4 and Shaik Syed Miya, A-1 is the eldest daughter and A-2 is their son. A-3 is the wife of A-2, A-1 deserted her husband long back and living with her parents i.e., A-4 and Shaik Syed Miya. The deceased Shaik Khader Bee also deserted her husband about an year prior to the date of incident and living separately with her two children at Dwarkanagar, Khamam, near the house of her parents. She was running a pan shop near R.T.O. office, located by the side of her parents house cum hotel. It is further alleged that about one month prior to the date of offence, th...
Majeti Venkateswarlu Vs. Pothuri Tulasidas and anr.
Court: Andhra Pradesh
Decided on: Aug-06-2003
Reported in: 2004(4)ALD543; 2004(4)ALT770
B.S.A. Swamy, J.1. Both these Letters Patent Appeals arise out of the orders passed by the learned Single Judge and they arise from very same cause of action.2. We are astonished to see the comedy of errors that have taken place in these cases and how all the concerned i.e., Judges and Advocates, involved in the administration of justice, are casually discharging their duties without any concern to the clients and the plight of the clients is becoming miserable. The clients approach the members of the legal fraternity thinking that they have expertise knowledge and they will be helping them to come out of the miseries, in which they are placed.3. After hearing both the Counsel and after going through the records, the factual position emerges as under.4. The parties are referred to as they are arrayed in the suit OS No. 14 of 1978.5. One Smt. Pothuri Sesharatnamma gifted land to her son under registered gift deed dated 4.4.1972. According to the learned Counsel for 1st respondent in the...
T. Prabhakar Rao Vs. Registrar of Co-operative Societies, Government o ...
Court: Andhra Pradesh
Decided on: Aug-05-2003
Reported in: 2003(5)ALD747; 2003(6)ALT97; (2004)ILLJ131AP
ORDERV. Eswaraiah, J.1. The petitioner questions the action of the respondents in not releasing the gratuity amount. At the time of his retirement Surcharge Proceedings are pending and therefore the said amount has been deposited in the FDR bearing No. 13575, dated 3-10-2000, in the joint names of himself and the 3rd respondent.2. An amount of Rs. 2,71,500/-, payable to the petitioner towards his retirement benfits, has been deposited in the joint account, by the 2nd respondent, on the strength of the undertaking given by the petitioner to share the responsibility of the amount, if any, fixed by the Court/Authority in the Surcharge Proceedings in Rc.4507/ 90/C, dated 28-12-1991.3. It is stated that the total amount deposited in the FDR pertains to the gratuityand leave encashment. Insofar as the leave encashment amount is concerned, the respondents have every right to recover the same, subject to the result of the Surcharge Proceedings, but the amount pertains to the gratuity of the pe...
Birudavolu Venkata Subbamma Vs. Mallapu Padmavathamma
Court: Andhra Pradesh
Decided on: Aug-05-2003
Reported in: 2003(5)ALD766
ORDERV. Eswaraiah, J.1. The petitioner obtained the decree in O.S.No. 5/1986 on the file of the Principal Junior Civil Judge, Kowur, Nellore District against the respondent herein for declaration of title and delivery of possession in respect of the plaint schedule property. Thereafter, she filed E.P. No. 37/2000 under Order XXI, Rule 35 of Code of Civil Procedure for execution of the decree. The Principal Junior Civil Judge, Kowur ordered the E.P. for execution of the E.P. schedule property. The Court Amin delivered the entire portion of the E.P.schedule property except '3' ankanams, of thatched house constructed by the respondent/judgment debtor. It is stated that the thatched shed was constructed during the course of the suit proceedings and before filing of the Execution Petition. .2. The Court Amin did not remove the same in E.P. No. 37/2000 on 19-7-2000 on the ground that the judgment debtor promised to remove the same within 15 days from that day. The Executing Court, recorded t...
Sree Rayalaseema Alkalies and Allied Chemicals Limited Vs. A.P. State ...
Court: Andhra Pradesh
Decided on: Aug-05-2003
Reported in: 2003(6)ALD819; 2003(5)ALT323
ORDERD.S.R. Varma, J.1. The petitioner seeks a writ of mandamus directing the respondents to bill the petitioner for the power supplied, according to H.T. Category-I tariff, giving the 25 percent rebate, which is granted to new industries.2. The facts in brief are that the petitioner is a public limited company having the unit at Gondiparla Village of Kurnool District, involved in the production of caustic soda. As per the scheme available, the petitioner-company opted to be categorized under Category-I and applied to the respondent-A.P. State Electricity Board (presently known as 'A.P, Transmission Corporation. Hence, hereinafter referred to 'the Corporation') for supply of H.T. power initially at 20 M.V.A. in the year 1981. The availability of the power was confirmed by the Corporation and directed the petitioner to comply with certain formalities. The petitioner also made an application in this regard. Subsequently, several other changes in the policy of the Corporation had taken pl...
Thulja Finance Vs. A.V. Ramesh Kumar and anr.
Court: Andhra Pradesh
Decided on: Aug-05-2003
Reported in: 2004(1)ALD(Cri)249; II(2004)BC448
ORDERK.C. Bhanu, J.1. The de facto complainant in C.C. No. 42/1998 on the file of Judicial Magistrate of I Class, Uravakonda, filed this appeal, aggrieved by the order, dated 20.1.2000, whereby the accused-1st respondent was acquitted of the charge under Section 138 of the Negotiable Instruments Act.2. The appellant filed a private complaint alleging that the accused borrowed a sum of Rs. 2,55,001/- for his business needs and agreed to repay the amount with the interest and the terms and conditions stipulated in the promissory note executed by him. In response to the demands made by the appellant, the accused issued a cheque bearing No. 64747 and another cheque bearing No. 64748, both dated 14.3.1998 for Rs. 50,000/- each, both drawn on Vysya Bank. The appellant presented the cheques in its Bank. The Bank returned them unpaid for want of sufficient funds. Thereafter, appellant got issued a notice. The accused refused to receive it. He also did not pay the amount demanded. Hence, appell...
Rapani Laxman and Etc. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Aug-05-2003
Reported in: 2004CriLJ136
S.R.K. Prasad, J.1. These three criminal appeals arise against the judgment in Sessions Case No. 452/1998 rendered by Assistant Sessions Judge, Jagtial on 16-4-1999 convicting A-1, A-2 and A-4 and sentencing them to rigorous imprisonment for 8 years and to pay a fine of Rs. 50/- in default simple imprisonment for one month for the offence under Section 395, I.P.C.2. The case of the prosecution is that on 13-4-1997, PW-1 Gurijala Chinna Rajam went to Metpally, collected due amount of Rs. 20,000/- from Grain Market of Metpally towards turmeric, which he sold earlier and returned to his house in Raghavapet by evening. He kept the amount in his house in almirah and locked it. He slept with his family members in the front Varandha, while his son slept in the rear yard. The main doors were only bolted from outside. At about mid-night some unknown offenders entered into Varandha of his house by scaling over the front compound wall. They woke him up and threatened by saying 'Annalu' and questi...
K. Prabhavatamma Vs. B. Indiramma and ors.
Court: Andhra Pradesh
Decided on: Aug-05-2003
Reported in: 2004(5)ALD131
ORDERL. Narasimha Reddy, J.1. In the elections to the Gram Panchayat of Vankapalli Village, Gandlapenta Mandal, Anantapur District on 17-8-2001, the writ petitioner, the 1st respondent and Respondents 5, 6 and 7 contested for the office of Sarpanch. The writ petitioner was declared elected with a margin of twenty-one votes. Challenging the election, the 1st respondent filed Election O.P. No.5 of 2001 in the Election Tribunal-cum-Principal Junior Civil Judge, Kadiri. The trial of the O.P. commenced. The evidence on behalf of the 1st respondent was concluded. The Election Officer, the 4th respondent herein was examined in chief.2. During the course of his cross-examination, the 1st respondent came forward with a plea that the ballot boxes be opened to verify as to whether any votes, which were polled in her favour were counted for the petitioner. The said request was opposed by the Assistant Government Pleader, appearing for 4th respondent. Arguments were advanced and reliance was placed...
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