Andhra Pradesh Court November 2004 Judgments
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Jayalakshmi Agencies Vs. Additional Commissioner of Commercial Taxes ( ...
Court: Andhra Pradesh
Decided on: Nov-29-2004
Reported in: (2008)11VST257(AP)
ORDERB. Sudershan Reddy, J.1. The first appellate authority vide its order dated April 29, 2004 rejected the stay petition filed by the petitioner herein in a printed pro forma. In our considered opinion, this practice of disposal of the stay petitions by the appellate authorities in printed pro formas is not proper since they do not reflect any application of mind by the appellate authorities to the facts in each case. The appellate authority while exercising its power to grant or refuse to grant stay is required to take the relevant facts into consideration and pass a reasoned order, if not a detailed one while disposing of the stay petitions. We find it difficult to approve the routine and mechanical orders that are being invariably passed by the first appellate authority as is evident from the order dated April 29, 2004.2. The petitioner having left with no other option moved the revisional authority against the order dated April 29, 2004 and the revisional authority also dismissed...
Panchalingal Carbonic Gas Pvt. Ltd. and anr. Vs. State of Andhra Prade ...
Court: Andhra Pradesh
Decided on: Nov-26-2004
Reported in: 2005(1)ALD225; 2005(1)ALT215; [2005]141STC161(AP)
S. Ananda Reddy, J.1. The petitioners in these two writ petitions are small-scale industries. Initially, they were extended the benefit of Deferment/Tax holiday on sales-tax, under a scheme framed by the Government of A.P., known as 'Target-2000'. However, the exemption was cancelled at a subsequent stage. The writ petitions are filed challenging the orders of cancellation.2. During the course of hearing of the writ petitions before a Division Bench, the petitioners relied upon the judgment in Surya Mineral Waters, Somavarapadu v. The Commissioner of lndustries, W.P. No.8970/2003 and batch, dated 22-10-2003 (D.B). in support of their contention. The respondents on the other hand, resisted the contention, by placing reliance upon the judgment of another Division Bench of this Court, in SHV Energy South East Ltd. v. State Instrument Promotion Board, 36A.P.ST.J.37(D.B.). The Division Bench felt that there is conflict of views on the issue, and referred the matter to a Full Bench. That is ...
M. Sunil Chakravarthy and ors. Vs. Principal Sreekalahasteeswara Insti ...
Court: Andhra Pradesh
Decided on: Nov-26-2004
Reported in: 2005(1)ALD253; 2005(2)ALT184
Bilal Nazki J.1. A short point is involved in this writ appeal as to whether cancellation of the examination of the writ petitioners on the ground of short of attendance was legal or not.2. The facts are not at dispute. All the writ petitioners are engineering students of different semesters and they fell short of attendance. Their names were displayed by the college as having been detained. Thereafter the students along with their parents went to the college and the college management forwarded their candidature to the university for examination. Once the university found that the candidates were not eligible, they cancelled their candidature. It was challenged before the learned Single Judge who has dismissed the writ petition. These candidates have put in attendance ranging from 27% to 35%, whereas the requirement under the relevant regulation was 75%. The College Academic Committee has the power to condone the shortage of attendance in case of those candidates who have attended 65%...
Prof. V.S.S. Sastry Vs. Ministry of Human Resource Development, Govt. ...
Court: Andhra Pradesh
Decided on: Nov-26-2004
Reported in: 2005(1)ALD239; 2005(1)ALT342
G. Yethirajulu, J.Prayer:1. The petitioner approached this Court through this writ petition seeking a writ of Mandamus to declare that the proceedings of the Languages Division, Ministry of Human Resource Development, Government of India, dated 4-10-2004 as arbitrary, illegal and violative of Rule 23 of the Memorandum of Association and Rules of the Central Institute of English and Foreign Languages, Hyderabad and to direct the respondents to approve the decision made by the Board of Governors for appointment of the petitioner as the Vice- Chancellor of CIEFL, Hyderabad.Contentions:2. The petitioner is working as a Professor in the Centre for French and Francophone and Studies, Central Institute of English and Foreign Languages (CIEFL), Hyderabad. The CIEFL is a Society registered under the Public Societies Act. It is an instrumentality of the State under Article 12 of the Constitution of India. The post of the Vice Chancellor of the said Institute, which is recognized as a deemed Univ...
Ramesh Vs. Prohibition and Excise Superintendent
Court: Andhra Pradesh
Decided on: Nov-26-2004
Reported in: 2005(1)ALD400; 2005(1)ALT401
ORDERL. Narasimha Reddy, J.1. Petitioner is a licensee under TFT scheme and he is running a toddy shop at Ekmal of Basheerabad Mandal, Rangareddy District. On 23.9.2004, his shop was inspected by the Excise sub-Inspector and samples were drawn. The preliminary examination of the samples of toddy discloses that it was adulterated with Chloral Hydrate. A case in COR No. 233 of 2004-05 was registered Under Section 37(a) of the A.P. Excise Act, 1968 (for short 'the Act'). Through order dated 5.11.2004, the respondent suspended the licence of the petitioner. The same is challenged in this writ petition.2. Sri Vijay Kumar Heroor, learned Counsel for the petitioner, submits that though the suspension is ordered pending enquiry, the respondent has recorded definite finding as to the involvement by the petitioner was violation of conditions and thereby the suspension deserves to be treated as a substantive punishment. He submits that such a measure can be resorted to only after issuance of noti...
Vemula Srinivas and ors. Vs. Manager, Central Bank of India, Warangal ...
Court: Andhra Pradesh
Decided on: Nov-26-2004
Reported in: 2005(2)ALD119
ORDERP.S. Narayana, J.1. The petitioners filed the present writ petition praying for a direction to declare the impugned action of the respondents herein in demanding huge amounts and threatening to attach the properties belonging to the petitioners at Kakkaralapalli and Ellanda Village of Waradannapeta Mandal of Warangal District contrary to the directions of the State and Central Governments and guidelines issued by the Reserve Bank of India as illegal and for further direction to the respondents not to demand the loan amount without following the guidelines issued by the State and Central Governments and for further direction to furnish statement of account and not to resort to any coercive steps to attach the properties belonging to the petitioners referred to supra, and pass such other suitable orders.2. The case of the petitioners is that they approached the respondents who had granted certain loans. The details had been specified in the affidavit filed in support of the writ pet...
N.R. Srinivas Vs. Madduri Mallareddy and ors.
Court: Andhra Pradesh
Decided on: Nov-25-2004
Reported in: 2005(1)ALD268
D.S.R. Varma, J.1. Heard Sri Subrahmanya Reddy, the learned Senior Counsel for the appellants, and Sri E. Manohar, the learned Senior Counsel for the respondents.2. All these three appeals are directed against the common judgment and decree dated 20.7.2001 passed by the Court of Senior Civil Judge, Rangareddy District in O.S. Nos. 154, 155 and 156 of 2000. Since the plaint averments in all the three suits and the written statements are similar and under the same set of circumstances and as the defendants are common, all the three appeals are being disposed of by this common judgment.3. For the sake of convenience, the parties will be referred to as per their array in the original suits.4. The case of the plaintiffs in all the three suits is that they have purchased about 2,000 sq. yards in Sy.No. 50 of Yellareddyguda, Hamlet of Kesara Mandal, Rangareddy District under three registered sale deeds dated 22.1.2000, 17.1.2000 and 18.1.2000 under Exs. A-9, A-1 and A-8 respectively from Defe...
Bombay Mercantile Co-operative Bank Ltd. Vs. Government of A.P. and or ...
Court: Andhra Pradesh
Decided on: Nov-25-2004
Reported in: 2005(1)ALD814; 2005(2)ALT230
P.S. Narayana, J.1. The present appeal is directed against the order dated 27-7-2004 made in W.P. No. 13036 of 2004.2. The learned Single Judge dismissed the writ petition as not maintainable and aggrieved by the same, the appellant-petitioner Bombay Mercantile Co-operative Bank Limited, Hyderabad Branch has preferred this present writ appeal.3. Smt. V. Dyumani, learned Counsel for the appellant contended that in view of Sub-sections (1) and (2) of Section 60 of the Multi State Co-operative Societies Act 2002, (for short the Act) remedy is available to the Bank to recover the amount as per the agreement entered into between the Bank and the borrower, and hence the relief prayed for should have been granted; instead the learned Single Judge dismissed the writ petition at the stage of admission even without ordering notice. The learned Counsel also would submit that though other adequate remedies may be available, it would take sufficient time to effect the recovery and hence in view of ...
Baddam Satyanarayana Reddy Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Nov-25-2004
Reported in: 2005(1)ALD859
ORDERP.S. Narayana, J.1. The writ petitioner, Baddam Satyanarayana Reddy, filed the present writ petition praying for issuance of a writ, order or direction more particularly in the nature of mandamus directing the respondents to contain the naxalite problem by taking positive socio-economic steps, to create conditions which would be conducive to the persons like the petitioner to go back to the villages and take up agricultural activities, to pay a compensation of a sum of Rs. 4.50 lakhs to the petitioner being the damage caused to him by naxalites, to pay compensation of Rs. 30,000/- per year for the loss of agricultural income to the petitioner till such time the respondents create conditions conducive to go back to the villages or acquire the lands of the petitioner by paying market value, to provide Government employment to any one of the sons of the petitioner and not to collect land revenue for the lands which are kept fallow from the year 1994 and to pass such other order or or...
Surapaneni Narasimha Rao Vs. Uppalapati Sreerangannayakamma and ors.
Court: Andhra Pradesh
Decided on: Nov-25-2004
Reported in: 2005(3)ALD390
C.Y. Somayajulu, J.1. Plaintiff in O.S. No. 50 of 1980 on the file of Subordinate Judge, Machilipatnam, who filed the suit for specific performance of the agreement of sale, dated 27-1-1980 said to have been executed by the first respondent in respect of Ac.6-70 cents in R.S. Nos. 39/1, 39/2, 39/2B of Lokumudi Village of Kaikalur Taluq, within the boundaries mentioned in the schedule appended to the plaint (hereinafter referred to as the suit land) is the appellant in this appeal. His case, in brief, is that he, who is the cultivating tenant of the suit land, having agreed to purchase the same from first respondent for Rs. 36,000/- entered into an agreement of sale dated 27-1-1980, with the first respondent and paid Rs. 20,000/- to the first respondent on that day and agreed to pay the balance amount of Rs. 16,000/- on or before 26-2-1980, and in case of delay that amount has to be paid with interest at 12% per annum. Since first respondent committed default in payment of land revenue,...
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