Andhra Pradesh Court October 2004 Judgments
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K.V. Krishna Murthy J.V. Pulla Rao and Co. Vs. Commissioner of Commerc ...
Court: Andhra Pradesh
Decided on: Oct-06-2004
Reported in: [2006]146STC13(AP)
Bilal Nazki, J.1. While passing an order on August 3, 2004, we had directed the respondent to supply the copies of the material collected from third party and also statement of the third party to the appellant within a period of one week and we had given liberty to the appellant to put forth their defence pertaining to this material. This order was passed in the light of the background that the assessments were reviewed on the basis of the material collected by the department from a third party. The third party was examined by the department, but was not allowed to be cross-examined A by the appellant. Even the material collected from the third party, which was finally used against the appellant/assessee, was not made available to him. Since this Court came to these conclusions, the court by an order dated August 3, 2004 noted that it would not be proper to remand the case as the matter is pending for three decades, therefore, this Court directed the respondent to make the record avail...
Veeramanchaneni Satyanarayana Vs. State of A.P. Represented by Public ...
Court: Andhra Pradesh
Decided on: Oct-05-2004
Reported in: II(2006)DMC190
P.S. Narayana, J.1. This is a matrimonial tragedy of an alleged dowry death which resulted in the conviction of the appellant/accused under Section 304-B I.P.C. and sentence of Rigorous Imprisonment for seven years.2. The appellant/accused lost his wife and the daughter too due to the incident in question.Facts in brief:3. The sole accused Veeramanchaneni Satyanarayana/appellant filed this Criminal Appeal against the Judgment dated 9-11-1998 in S.C.No.129/94 on the file of Sessions Judge-Mahila Court-Vijayawada. On the first information furnished by the accused on 16-4-1993 at 2 a.m., Ex.P-4, Cr.No.76/93, Law & Order Patamata Police Station was registered. The II Metropolitan Magistrate, Vijayawada has taken the case as P.R.C.No.15/94 and committed the same to Metropolitan Sessions Judge, Vijayawada which was transferred to the Sessions Judge, Mahila Court, Vijayawada on the point of jurisdiction.4. The version of the prosecution is that the accused has been addicted to drinking and he...
Damera Ramakrishna and ors. Vs. the Commercial Tax Officer (Fac) and o ...
Court: Andhra Pradesh
Decided on: Oct-05-2004
Reported in: 2005(1)ALT293; [2005]142STC515(AP)
ORDERBilal Nazki, J.1. Heard learned counsel for the parties. All these writ petitions raise a similar question of law, hence, we are disposing of the matters by a common order.2. The writ petitioners have challenged the attachment of the property by the fourth respondent by order dated 30-04-2004 in form No.5 A consequential notice to the order of attachment was passed under Section 17-A of the Andhra Pradesh General Sales Tax Act, 1957, (for short 'the Act') on 06-02-2004. According to the attachment order and the notice under Section 17-A of the Act, one M/s Mehar Tanneries Private Limited was assessee on the rolls of the Commercial Tax Officer, Suryaraopet, Vijayawada, for the years 1993-94 to 1996-97 and fell in sales tax arrears to the tune of Rs.35,98,030/-. Several notices were issued for payment of the arrears and when arrears were not paid, the Sub-Registrar, Gannavaram, was also addressed a letter on 16-09-2003 by registered post with acknowledgment due requesting him not to...
Syed FatahuddIn Vs. Golla Shadrak and anr.
Court: Andhra Pradesh
Decided on: Oct-05-2004
Reported in: 2004(6)ALD562; 2004(6)ALT753
L. Narasimha Reddy, J.1. This C.M.A, is filed challenging the order, dated 8.3.2004, passed by the Court of Principal Junior Civil Judge, Bapatla, in an application filed under Order XXI, Rule 58 C.P.C.2. The 1st respondent filed O.S. No.60 of 1998, in the Court of Principal Junior Civil Judge, Bapatla, against the 2nd respondent, for recovery of some amount. The suit was decreed and the decree became final. Since the 2nd respondent did not comply with the decree, the 1st respondent filed E.P. No.95 of 2002, and got attached, an item of immovable property. The appellant filed E.A. No.416 of 2003, under Rule 58 of Order XXI, raising objections. According to him, the attached item of property was gifted to him by the 2nd respondent. During the enquiry into that application, the appellant sought to rely upon a document, dated 27.3.1996. The 1st respondent raised an objection as to admisslbility of the document on the ground that a gift conveyed through a written document, even by a Muslim...
Lanco Kondapalli Power (P) Ltd. Vs. Transmission Corporation of A.P. L ...
Court: Andhra Pradesh
Decided on: Oct-05-2004
Reported in: 2004(6)ALD829; 2004(6)ALT293; 2005(1)ARBLR30(AP)
T. Meena Kumari, J.1. The present CMA has been directed aggrieved by the orders of the II Additional Chief Judge, CCC, Hyderabad in LA. No.750 of 2004 in OP No.2996 of 2003 dated 11.8.2004 wherein the request of the appellant to grant ad interim injunction restraining the respondent from re-fixing the capacity of the plant as 334.75 MW x RH factor at the site reference conditions with tolerance limit of + or - 5% has been dismissed.2. The appellant herein i.e., M/s. Lanco Kondapalli Power Private Limited is the plaintiff and the respondent herein is the defendant i.e., M/s. Transmission Corporation of Andhra Pradesh Limited in the OP.3. The brief facts that led to the filing of the present CMA are as follows:It is stated by the appellant that pursuant to the policy of the Government for attracting private sector investments in power sector and in line with the Government policy, the Board invited bids for short gestation power projects and that the appellant has submitted its bid to de...
R. Manjusha Kashyap Vs. Principal Secretary to Govt., Education Dept., ...
Court: Andhra Pradesh
Decided on: Oct-05-2004
Reported in: 2004(6)ALD647
ORDERV.V.S. Rao, J.1. The petitioner appeared for Engineering Agricultural and Medical Common Entrance Test - 2004 (EAMCET-2004). She secured 021234 rank in medical stream. Pursuant to the notification issued by N.T.R. University of Health Sciences ('University' for brevity), fifth respondent herein, she applied for medical seat claiming reservation under 1% seats reserved for Ex-servicemen as per Rule 9(3)of the A.P. Unaided Non-Minority Professional Institutions (Regulations of Admissions into Under-Graduate Medical and Dental Professional Courses) Rules, 2004 (hereafter called, the Rules) which were promulgated vide G.O. Ms. No. 184, dated 30.6.2004. Along with her application, she enclosed a certificate issued by second respondent to the effect that petitioner's father is an Ex-serviceman having served Indian Army as Regimental Medical Officer from 1977 to 1982. Second respondent issued the certificate as per the executive instructions issued by the Government of Andhra Pradesh in ...
Ambati Durgamma and ors. Vs. Pericherla Jagapathiraju and ors.
Court: Andhra Pradesh
Decided on: Oct-05-2004
Reported in: 2005(1)ALD607; 2005(1)ALT357
ORDERB. Seshasayana Reddy, J.1. C.R.P. No. 816 of 1997 is directed against the order dated 30-12-1996 passed in E.A. No. 6/91 in E.P. No. 2/91 in O.S. No. 881/1973 on the file of Principal District Munsif, Tadepalligudem, whereby the learned Special Officer-cum-Principal District Munsif allowed the Execution Application filed under Sections 144 and 151 CPC and Order 21 Rule 99 CPC declaring the petitioner therein viz., Pericherla Jagapathi Raju as the cultivating tenant of the E.P. schedule land and directing R-4 to R-10 therein to re-deliver the schedule property to him within three months from the date of the order.2. C.R.P. No. 4886 of 1997 is directed against the order dated 30-8-97 passed in A.T.A. No. 7/97 on the file of District Judge, W.G. at Eluru, whereby the learned appellate authority-cum-District Judge set aside the order dated 30-11 -1996 passed in A.T.C. No. 137/91 on the file of Special Officer-cum-Principal District Munsif, Tadepalligudem and consequently dismissed the...
Jayanthi Kanakavalli Vs. K. Louis Raju and ors.
Court: Andhra Pradesh
Decided on: Oct-05-2004
Reported in: 2005(1)ALD795; 2005(2)ALT420
L. Narasimha Reddy, J.1. This appeal is filed under Section 384 of the Indian Succession Act, 1925, (for short 'the Succession Act'), assailing the order of the I Additional Chief Judge, City Civil Court, Secunderabad, dated 30.4.2001, in O.P. No. 140 of 1999.2. Respondents 1 to 6 filed the O.P., under Section 372 of the Act, for grant of succession certificate, so as to enable them to receive the service benefits of Mr. K. Nagaraju. According to them, Mr. K. Nagaraju, husband of 1st respondent and father of respondents 2 to 6, was employed in the South Central Railways, and since 1991, his whereabouts are not known. They pleaded that they undertook extensive search for him, and lodged a complaint with the police on 30.8.1991. Since the search by them and the police did not yield any result, they made an application to the South Central Railways, for payment of the service benefits of Mr. K. Nagaraju by contending that a presumption can be drawn that he is no more. It was pleaded that ...
Mohamad Yacub Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Oct-05-2004
Reported in: II(2005)DMC219
P.S. Narayana, J.1. Heard Mr. Kanaka Raju, Counsel representing the appellant-A1 and Mr. Mohd. Osman Shaheed, Additional Public Prosecutor.2. Mr. Kanaka Raju, the learned Counsel representing the appellant-A1 had raised an objection that in view of the fact that the appellant-Al was charged under Section 302, IPC, without a charge under Section 304-B, IPC, convicting the accused under Section 304-B, IPC cannot be sustained, and since offence under Section 304-B, IPC is not a minor offence when compared with the offence under Section 302, IPC, without there being a charge, the conviction itself is not sustainable. The learned Counsel placed strong reliance on Sadala Bhadriah v. State of A.P., 2000 (1) ALT (Cri) 47 (A.P.) and Sohan Lal @ Sohan Singh v. State of Punjab, : 2003CriLJ4569 3. The learned Additional Public Prosecutor had taken this Court through the factual matrix and also would contend that this appears the view of the Apex Court too. The learned Additional Public Prosecutor ...
Sadi Srinivasa Reddy Vs. Sadi Rama Devi and State Rep. by Its Public P ...
Court: Andhra Pradesh
Decided on: Oct-04-2004
Reported in: 2005(1)ALD(Cri)885
ORDERB. Seshasayana Reddy, J.1. This Criminal Petition is directed to quash the proceedings pending against the petitioner-accused in C.F.No.1445 of 2003 on the file of the V Metropolitan Magistrate Court, Vijayawada, which was forwarded by the Judge of the Family Court, Vijayawada vide Order dated 29.12.2003 (wrongly mentioned as 28.12.2003).2. The petitioner is the accused and the respondent is the complainant in C.F.No.1445 of 2003. The respondent filed the complaint before the Family Court, Vijayawada under Sections 340 and 195(1)(b) of the Criminal Procedure Code seeking the following relief:'Therefore, the complainant humbly prays the Hon'ble Court to receive the complaint on file and deal with the matter as per law as is enshrined in Section 340 and 195(1)(b) of the Criminal Procedure Code in the interest of justice.'3. The learned Judge of the Family Court forwarded the complaint to the V Metropolitan Magistrate, Vijayawada for taking necessary action. Assailing the Order passe...
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