Andhra Pradesh Court December 2004 Judgments
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M. Muni Reddy Vs. Collector and District Magistrate and ors.
Court: Andhra Pradesh
Decided on: Dec-08-2004
Reported in: 2005(1)ALD(Cri)192; 2005(2)ALT142
ORDERBilal Nazki, J.1. Heard learned Counsel for the parties.2. This is a writ petition filed, seeking release of Sri S. Thirupal Reddy, detained in Central Prison, Cherlapalli on orders of the District Collector, Ananthapur, passed under the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (hereinafter referred to as 'the Act). Counter has been filed.3. This case speaks of volumes about the method in which the Collectors and District Magistrates are handling issues relating to the liberties of people. We have seen in most of the cases, matters are treated in a very casual manner and it appears that the detaining authorities are either not applying mind or they are simply not aware of the importance of liberty of a human being. The order is passed in this case by the District Magistrate on 20-9-2004. Grounds of detention are also framed on the same day.4. There are four instances gi...
J. Raghuraj Goud Vs. Sub-inspector of Police and ors.
Court: Andhra Pradesh
Decided on: Dec-08-2004
Reported in: 2005(1)ALD(Cri)177; 2005(2)ALT601; 2005CriLJ1301
ORDERL. Narasimha Reddy, J.1. These five writ petitions are filed by the same petitioner seeking identical relief, but with reference to different F.I.Rs. The respondents are common to all the writ petitions. Hence, they are disposed of through a common order. The petitioner has prayed for a writ of mandamus to quash the respective F.I.Rs.2. The petitioner submits that he functioned as an office bearer of Hari Cooperative Society, registered under the A.P. Co-operative Societies Act, an that the Society purchased lands in Survey Nos. 26 and 29 of Allapur village, Balanagar mandal, Rangareddy district. The third respondent submitted several complaints before the Court of Judicial Magistrate of First Class, West and South, R.R. District, under Section 200 Cr.P.C. (for short 'the Code') alleging that the petitioner herein had re-sold several plots, which were allotted to and purchased by various individuals. The trial Court, in turn, referred the matters to the first respondent for invest...
D. Dhanamjaya Rao Vs. Bank of India, Rep. by Its Chief Manager, Kothap ...
Court: Andhra Pradesh
Decided on: Dec-08-2004
Reported in: 2005(3)ALD90; 2005(2)ALT266; 2005(2)ARBLR52(AP); III(2005)BC604; [2006]133CompCas28(AP); [2006]67SCL299(AP)
ORDERN.V. Ramana, J.1. This applicant, namely Sri D. Dhananjaya Rao, is the Proprietor of M/s. Ganesh Industries, Ganapavaram. The applicant states that one Sri Kata Adinarayana, who is in cotton business, introduced him to the 1st respondent, namely Bank of India, Kothapet Branch (hereinafter referred to as 'the Bank'), who had sanctioned cash credit loan to the tune of Rs. 20,00,000/- in the name of M/s. Ganesh Industries, for carrying on cotton trade. At the time of sanction of loan, the applicant states that he opened an Account bearing No. CC-220336, and one Sri T. Harinarayana, Deputy Manager in the Bank, had taken blank signed cheque book from him. Thereafter, an amount of Rs. 3,000/- was debited to his loan Account towards processing and stamp charges on 2-3-2002.2. According to the applicant, as per the norms and procedures, of the Bank, the loanee has to furnish the bills for withdrawing the money from the cash credit loan Account, but in the case of his cash credit loan Acco...
i.D.L. Chemicals Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Dec-08-2004
Reported in: (2005)196CTR(AP)630; [2005]275ITR218(AP)
S. Ananda Reddy, J.1. At the instance of the assessee, the Income-tax Appellate Tribunal, Hyderabad Bench A, has referred the following questions under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to 'the Act'), for the opinion of this court, said to arise out of its order in I. T. A. Nos. 248 and 249 of 1985 for the assessment years 1980-81 and 1981-82 :'1. Whether, on the facts and circumstances of the case, the Appellate Tribunal is correct in upholding the disallowance out of interest payable on the deposits accepted under the Companies (Acceptance of Deposits) Rules, 1975, by applying the provisions of Section 40A(8) of the Income-tax Act,1961, for the assessment years 1980-81 and 1981-82 ? 2. Whether, on the facts and circumstances of the case, the assessee is entitled to claim depreciation at the revised rates effective from April 2, 1983 for the assessment years 1980-81 and 1981-82 ? 3. Whether, on the facts and circumstances of the case, the assessee is ent...
S.K. Mahaboob Ali, Ex-crpf Constable Vs. Director General of Police, C ...
Court: Andhra Pradesh
Decided on: Dec-07-2004
Reported in: 2005(1)ALD530; 2005(1)ALT412; 2005(192)ELT143(AP)
ORDERP.S. Narayana, J.1. Heard the Counsel on record.2. The core question argued in elaboration by both the Counsel, Counsel for appellant/writ petitioner and the Standing Counsel for Central Government at the stage of admission of this Writ Appeal is the question whether the High Court of Andhra Pradesh has jurisdiction to entertain Writ Petition. Incidentally, the merits and demerits of the matter also has been touched by the respective Counsel. The Counsel for appellant contended that since part of cause of action arose at Kurnool District in State of Andhra Pradesh, the Andhra Pradesh High Court has jurisdiction to entertain the Writ Petition and dismissal of the same on the ground of maintainability cannot be sustained and hence the Writ Petition may have to be remitted back to the learned Single Judge to decide the matter afresh on merits. Strong reliance was placed on Dinesh Chandra Gahtori v. Chief of Army Staff, (2001) 9 SCC 525 and the learned Counsel also made an attempt to ...
State of A.P. and anr. Vs. Kancharana Raghu and ors.
Court: Andhra Pradesh
Decided on: Dec-07-2004
Reported in: 2005(1)ALD741; 2005(2)ALT2
V.V.S. Rao, J.1. The respondents herein filed a suit being O.S. No. 310 of 1992 on the file of the Court of the III Additional Senior Civil Judge, Visakhapatnam. The suit is for declaration that classification of land admeasuring Acs.7.00 in R.S. No. 13 of Madhavadhara Village, as poramboke land in the revenue records, is illegal and for a permanent injunction restraining the defendants, namely, the State of A.P. represented by District Collector, Visakhapatnam and the Mandal Revenue Officer (Urban), Visakhapatnam in any manner interfering with the plaintiffs' possession. By judgment and decree dated 7.6.1996, the trial Court allowed the suit declaring as well as granting injunction as prayed for.2. Aggrieved by the judgment and decree, the defendants/appellants preferred appeal being A.S. No. 365 of 1996 on the file of the Court of the II Additional District Judge, Visakhapatnam. Along with the appeal, the appellants filed LA. No. 1186 of 1996 under Order XLI Rule 5 of Code of Civil P...
M. Ramabhadra Rao S/O. Narayana Murthy, Special Judicial Magistrate of ...
Court: Andhra Pradesh
Decided on: Dec-07-2004
Reported in: 2005(1)ALT624
ORDERDevinder Gupta, C.J.1. These seven writ petitions have been filed by the Members of Higher Judicial Service and subordinate judiciary questioning the action of the respondents in restricting their medical claim for reimbursement in respect of the medical expenses actually incurred by them as illegal, arbitrary, discriminatory and irrational and have prayed that the entire amount of medical expenses incurred by them be ordered to be reimbursed.2. Instead of narrating facts of each case we are referring the facts as are disclosed in Writ Petition No. 21304 of 2001. The petitioner in the said writ petition is a retired District Judge and at the relevant time was working as President, District Consumer Forum-II, Hyderabad. He retired from service on 31.8.1997 as the Chairman of Sales Tax Appellate Tribunal and admittedly is governed by the A.P. Integrated Medical Attendance Rules, 1972 and also the All India Services (Medical Attendance) Rules, 1954. His wife on 7.9.1999 complained of...
Chaanakya Cements Ltd. Vs. Transmission Corporation of A.P. Ltd. and o ...
Court: Andhra Pradesh
Decided on: Dec-06-2004
Reported in: 2005(1)ALD454
ORDERB. Prakash Rao, J.1. Since common question is involved in all these writ petitions, which have been heard together, they are being taken up together for disposal.2. The petitioners in all these matters are the industries, who filed their respective writ petitions for a writ of mandamus, declaring the action of the Respondents 1 and 2 in levying and demanding tariff in respect of power allocated by the third respondent in excess of the bills raised by it, as illegal, and consequently direct the Respondents 1 and 2 to forbear from raising such bills.3. The case of the petitioners, in brief, is that the entire impugned action on the part of the Respondents 1 and 2 in issuing revised bill is purely on an erroneous interpretation of the judgment of the Supreme Court and therefore, the same is wholly unsustainable. It is their case that having regard to the various practical difficulties faced in regard to the power supply resulting in power cuts at various points of time leading to cri...
Muzafar Ali and ors. Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Dec-06-2004
Reported in: 2005(1)ALD750
Devinder Gupta, C.J.1. This petition is filed as 'Public Interest Litigation' by seven individuals with the grievance that in Hanwada Village, there is a land admeasuring about Ac.6.00 being used for Muslim Grave Yard since times immemorial. It is stated that out of this land, an extent of 2.00 acres of land is in the name of Ali Akbar Ashow Khana. One Dargah is also located in the land known as 'Rawoofullha Sha Qhadri Rh'. It is stated that Urs will be taken from the said Dargah every year. Even at the time of Moharam, procession will take place from that place. It is stated that the land has also been recorded as 'Goutan' land in the revenue records and there is no Survey number assigned to it. But, it is being used as Muslim grave yard. The land is also alleged to have been duly entered in the register maintained by the Wakf Board and is stated to be notified as Wakf Property. It is stated that despite it being so notified, some encroachers are trying to encroach upon the land and w...
M. Yadagiri Reddy Vs. V.C. Brahmanna and anr.
Court: Andhra Pradesh
Decided on: Dec-03-2004
Reported in: 2005(1)ALD1; 2009(3)ALT796
B. Sudershan Reddy, J.1. The judgment of the Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (for short 'the Act') made in LGC No. 48 of 2002 dated 14-7-2004 directing the petitioner to vacate the schedule property and deliver vacant possession of the same to the 1st respondent herein has been impugned in this writ petition.Facts in brief:2. The facts leading to the dispute between the parties are that, according to the 1st respondent, he had purchased the schedule land admeasuring an extent of Acs. 12.00 located in Sy.Nos.33/6 to 33/10 of Chengicherla, Ghatkesari Mandal, Ranga Reddy District by means of a registered sale deed dated 21-5-1969 from one Ponnapu Chandraiah and others and has been in possession and enjoyment of the same from the date of purchase. He got fenced the schedule land on three sides and no fencing was made on the southern side of the schedule property. His Manager one D. Venkata Rao visited the land on 3-8-2002, to remove the shrubs i...
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