Andhra Pradesh Court November 2004 Judgments
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Janab Sultan SalahuddIn Owaisi Vs. Syed ViqaruddIn and anr.
Court: Andhra Pradesh
Decided on: Nov-05-2004
Reported in: 2005CriLJ2726
P.S. Narayana, J. 1. Janab Sultan Salahuddin Owaisi, complainant in C.C. No. 249/94 on the file of II Metropolitan Magistrate at Hyderabad aggrieved by the acquittal recorded by the learned Magistrate as against A-2/Syed Viqaruddin under Sections 500 and 501 IPC had preferred the present Criminal Appeal. 2. The case of the appellant/complainant is that he is a resident of Hyderabad, had been a Member of A.P.State Legislative Assembly and had been a Member of Parliament too. A-1/Shahid Siddiqui is the Editor of Urdu Weekly Nayee Duniya published from New Delhi and A-2/Syed Viqaruddin is the Editor of Urdu Daily Rahnuma-e-Deccan published from Hyderabad. It is also the case of the appellant/complainant that the 1st respondent in this Appeal/A-2 is his opponent. It is also stated that A-1 published its issue of Nayee Duniya on 26-7-1994 and published an article alleging that the appellant/complainant, President of All India Babri Masjid Action Committee entered into criminal conspiracy in...
Mr. M. Nanda Kishore Naik S/O. M. Lal Singh Naik Vs. the General Manag ...
Court: Andhra Pradesh
Decided on: Nov-05-2004
Reported in: 2004(6)ALD797; 2005(1)ALT784
ORDERG. Yethirajulu, J. 1. The respondents 1 to 3 proposed to appoint a dealer for a retail outlet at Garledinne village in Anantapur District. The petitioner made an application for dealership along with others in response to a notification dated 19-12-2003 published in 'The Hindu' daily newspaper. He belongs to a Scheduled Tribe. He is a Bachelor in Technology in EEE Group and also a diploma holder in 'C' and 'C++' languages. He also gained some experience as a Manager at Sri Lakshmi Narayana Service Station from 1-1-2003 to 1-11-2003. He was called for the interview along with other applicants on 7-6-2004. He fared well in the interview and produced all relevant documents as per the notification. The result was displayed in the Notice Board on the same day showing him at S. No. 2, and the fourth respondent at S. No. 1. The petitioner contends that he is the highly qualified among all the 29 candidates who attended the interview and has the additional qualification of proficiency in ...
The Inspector of Police, Vigilance and Apts, Apseb Vs. Dr. Konakanala ...
Court: Andhra Pradesh
Decided on: Nov-05-2004
Reported in: 2005(1)ALD(Cri)937; 2005CriLJ1064
P.S. Narayana, J.1. The Inspector of Police, Vigilance and APTS, APSEB, Guntur, represented by the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad, had preferred the present criminal appeal as against the order of acquittal recorded in C.C. No. 13 of 1998 on the file of II Additional Munsif Magistrate, Gurazala.2. The learned Additional Public Prosecutor Sri Mohd. Osman Shaheed had taken this Court through the evidence available on record and would contend that the acquittal recorded on the ground of non-examination of the investigating officer cannot be sustained, if otherwise there is acceptable evidence on record, this view expressed by the learned Magistrate cannot be said to be one recorded in accordance with law. The learned Additional Public Prosecutor also would contend that the circumstances amply prove that respondent-accused had indulged in pilfering the energy deliberately and knowingly and hence Sections 39 and 44 of the Indian Electricity Act (hereinafter in sh...
The Inspector of Factories Vs. S.N. Kanchal, Occupier, L. Texmaco Limi ...
Court: Andhra Pradesh
Decided on: Nov-05-2004
Reported in: 2005(2)ALD(Cri)747; [2005(106)FLR853]; (2005)IIILLJ846AP
P.S. Narayana, J.1. Heard Sri Mohd. Osman Shaheed, Additional Public Prosecutor and Sri S. Ravi, learned counsel representing the respondent-accused.2. The Inspector of Factories, Cuddapah, represented by the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad had preferred the present criminal appeal as against the order of acquittal recorded by the Judicial Magistrate of First Class, Kamalapuram in S.T.C. No. 31 of 1993 dated 30th December 1998.3. The appellant-complainant filed the complaint against the respondent-accused for contravention of Section 7A(1) read with Section 36, Section 46(2)(b) and Rule 66 (3), Section 47 and Rule 72 of Factories Act, 1948 (hereinafter in short referred to as 'the Act' for the purpose of convenience). The case of the prosecution in brief is that on 28.7.1992 at 9-00 A.M. the Deputy Chief Inspector of Factories, Kurnool and Inspector of Factories, Cuddapah inspected the Texmaco Limited (Cement Division), Yerraguntla and it is stated that respo...
L. Shankaraiah and ors. Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Nov-05-2004
Reported in: AIR2005AP134; 2005(1)ALD21
ORDERV.V.S. Rao, J.Introduction1. The petitioners in these writ petitions (73 petitioners in Writ Petition No. 14791 of 2004 and 244 petitioners in Writ Petition No. 15938 of 2004) initially filed these writ petitions praying this Court the following relief.For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleaded to issue a Writ, Order, or Direction more particularly one in the nature of writ of mandamus declaring the reservation order in S.O.557(C), dated 26.7.1996 issued under sub-section (1) of Section 3 of the Handlooms (Reservation of Articles for Production) Act, 1985, as illegal, and unenforceable and issue a consequential direction to the first respondent to reconstitute the Committee under Section 4 of the Act with adequate representation from Powerloom Industry and pass such other order or orders as may deem fit and proper in the circumstances of the case.2. This Court admitted the Writ Petition No. 14791 of 2004 on 20.8...
L. Shankarayya and ors. Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Nov-05-2004
Reported in: 2005(1)ALT368
ORDERV.V.S. Rao, J.Introduction1. The petitioners in these Writ Petitions (73 Petitioners in Writ Petition No. 14791 of 2004 and 244 petitioners in Writ Petition No. 15938 of 2004) initially filed these Writ Petitions praying this Court the following relief:For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleaded to issue a Writ, Order, or Direction more particularly one in the nature of Writ of Mandamus declaring the reservation order in S.O. 557 (C), dated 26-7-1996 issued under sub- section (1) of Section 3 of the Handlooms (Reservation of Articles for Production) Act, 1985, as illegal, and unenforceable and issue a consequential direction to the first respondent to reconstitute the Committee under Section 4 of the Act with adequate representation from Powerloom Industry and pass such other order or orders as may deem fit and proper in the circumstances of the case.2. This Court admitted the Writ Petition No. 14791 of 2004 on 2...
Chatla Narasaiah Ramaiah Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Nov-05-2004
Reported in: 2005(1)ALD189; 2005(1)ALT801; [2006]146STC407(AP)
Bilal Nazki, J.1. W.P. No. 21878 of 1999: In this writ petition G.O. Ms. No. 183, Revenue (CT-II), dated 6.3.1999 has been challenged on the ground that it is unreasonable, discriminatory and arbitrary.2. The petitioner was a registered dealer and was engaged in the business of manufacture and sale of beedies at Kamareddy. He acquired rights of successful bidder in the auction conducted by 2nd respondent for the year 1999 and entered into fresh agreement with the 2nd respondent for procurement of beedi leaves from forest areas in Andhra Pradesh. Prior to 1.8.1996 the beedi leaves were taxable at last purchase point under Entry No. 18 of the II schedule. By Act 27/96 the beedi leaves were shifted to Entry No. 196 of the I Schedule with effect from 1.8.1996. According to the petitioner, in terms of the Entry No. 196 of the I Schedule, on procurement of beedi leaves by him, they would be at first sale point in the assessment of the 2nd respondent and in terms of Section 5-B of the Andhra ...
Commissioner of Income Tax Vs. Srikrishna Bottlers (P) Ltd.
Court: Andhra Pradesh
Decided on: Nov-05-2004
Reported in: (2005)193CTR(AP)681; [2005]274ITR11(AP)
ORDERBilal Nazki, J.1. The following questions have been referred by the Tribunal, Hyderabad :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the bottles and shells constitute plant and depreciation is admissible thereon under Section 32(1)(ii) of the IT Act, 1961, for asst. yr. 1979-80 ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the amount of Rs. 5,46,000 received by the assessee from M/s Coca-Cola Export Corporation does not constitute a revenue receipt in the assessee's hands ?(3) Whether, on the facts and in the circumstances of the case, the finding of the Tribunal that no value can be attributed to the stock of Coca-Cola and Fanta bottles lying with the retailers and also lying in the assessee's factory premises is correct ?(4) Whether, on the facts and in the circumstances of the case, the Tribunal ought to have upheld the disallowance of Rs. 36,404...
Bikshapati Virayya Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Nov-05-2004
Reported in: 2005(1)ALD808; [2005(106)FLR233]; (2005)IILLJ507AP
Goda Raghuram, J.1. The petitioner is aggrieved by the order of the Central Administrative Tribunal, Hyderabad Bench dated 28.7.2004.2. The petitioner was working as Gangman with the railways. He was charged by proceedings dated 24.9.1998 on two grounds i.e., (1) unauthorized absence from duty from 1.1.1997 to 18.9.1997 for a total period of 172 days without information to superior authorities and without furnishing any medical certificate and (2) for failing to follow medical rules.3. After conduct of a departmental enquiry, by the order of the disciplinary authority dated 25.10.2000, the petitioner was imposed a penalty of removal from service with effect from the date of order. He preferred an appeal, dated 14.11.2000, which was rejected by the order of the Appellate Authority dated 30.3.2001. He preferred a revision, which was also rejected on 24.9.2002. Thereafter, filed O.A. seeking appropriate reliefs. By the order impugned herein, the Tribunal dismissed the O.A. finding no infi...
Thota Venkatanaramma and anr. Vs. Eruva Enna Reddy
Court: Andhra Pradesh
Decided on: Nov-05-2004
Reported in: 2005(1)ALD810; 2005(1)ALT654
ORDERC.Y. Somayajulu, J.1. Aggrieved by the dismissal of E.P. No. 59 of 2001 in O.S. No. 275 of 1979 on the file of the Court of Principal Junior Civil Judge, Karimnagar, decree-holders filed this revision.2. Revision petitioners obtained a decree for declaration of their title to six guntas of land in Sy.No. 153 of Gunturpalli H/o Bommakal Village, bounded on the East by 9 ft. wide road, West by the land of Musuku Yella Reddy; North by the land of Rajesham; and South by the land of Thomas Reddy, and for a perpetual injunction restraining the respondent from interfering their possession over the said land, which became final. Subsequently, they filed E.P. No. 59 of 2001 alleging that the respondent, who had an opportunity to obey the decree, had wilfully failed to obey the decree and so he may be arrested and detained in civil prison for a period of six months under Rule 32 of Order 21 C.P.C.3. Respondent/JDr filed a counter, contending that the decree in O.S.No. 275 of 1979, is a frau...
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