Andhra Pradesh Court August 2004 Judgments
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P. Nagaraju and anr. Vs. Ananthapur Municipality and ors.
Court: Andhra Pradesh
Decided on: Aug-17-2004
Reported in: 2004(6)ALD307; 2004(5)ALT102
C.V. Ramulu, J. 1. These two writ petitions are filed by way of a pro bono publico litigation seeking a writ of mandamus declaring the action of the Anantpur Municipality and the Mandal Revenue Officer, Anantapur in converting the land earmarked for Central Park in Survey Nos. 173-3, 4, 7, 174-1 and 175-5 of Anantapur Municipality into residential area and allotting the same in favour of the , members of the Andhra Pradesh Working Journalists Union, Anantapur and the Municipal Councilors, Anantapur Municipality as illegal and arbitrary.2. We will refer the parties as arrayed in W.P.No. 8467 of 1999.3. In G.O. Ms. No. 1122, MA, dated 13-10-1998, the Government had sanctioned General Town Planning Scheme (Master Plan) in which a Central Park in Sy.Nos. 151 (P), 153(P), 154, 162 and 173 to 179 of Anantapur Village was proposed. Out of this area, an extent of Ac. 5-00 of land was acquired by the Anantapur Municipality under Rule 10(5) of the Layout Rules by releasing layout open space to l...
Cheema Rama Rao Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Aug-17-2004
Reported in: 2004(2)ALD(Cri)718; 2004CriLJ4719
P.S. Narayana, J. 1. The appellant/accused is charged with the offence under Section 376(2)(f) IPC but was convicted under Section 376(2)(f) IPC r/w. Section 511, IPC and sentenced to undergo Rigorous Imprisonment for ten years and also to pay a fine of Rs. 2000/-, in default to suffer Simple Imprisonment for one year, in SC No. 360/96 on the file of Assistant Sessions Judge, Khammam.2. Before further proceeding with the matter, it may be appropriate to have a look at the relevant provisions. Section 376(2)(f) IPC reads as hereunder :'Whoever commits rape on a woman when she is under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine : Provided that the Court may, for the adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.' Section 511, IPC reads as hereunder : Puni...
Ritesh Exports Limited and anr. Vs. the Registrar of Companies Having ...
Court: Andhra Pradesh
Decided on: Aug-16-2004
Reported in: [2005]127CompCas583(AP); [2006]65SCL397(AP)
P.S. Narayana, J.1. Heard the counsel on record.2.This Criminal Appeal is filed by the accused in S.T.C. No. 1 of 1997 on the file of Special Judge for Economic Offences, Hyderabad. The Registrar of Companies, Andhra Pradesh is the respondent-complainant. 3. Submissions at length were made by both the counsel relating to the applicability of Section 113 of the Companies Act, 1956 (hereinafter referred to as 'the Act' in short).4. The main contention is that this is not a case of either allotment of shares or debentures of transfer of shares. The shares were in fact allotted and share certificates also had been sent in time and there was a mistake which had crept in while endorsing allottee's name and another name had been included and the same was sent back to the company for rectification of the mistake, and after rectifying the mistake, the same was sent under certificate of posting. Hence, the ingredients of Section 113 of the Act are not attracted at all. It was further pointed out...
P. Dhanavathi W/O. P. Narasimha Rao Vs. P. Radha Bai, Widow of P. Sund ...
Court: Andhra Pradesh
Decided on: Aug-16-2004
Reported in: 2004(6)ALT591
L. Narasimha Reddy, J.1. The petitioner filed O.S. No. 204 of 1990 in the Court of the III Senior Civil Judge, Secunderabad, for the relief of partition and separate possession, against her mother and brother, respondents 1 and 2, respectively. A preliminary decree was passed in the suit on 24-09-1998. Aggrieved thereby, respondents 1 and 2 filed A.S. No. 81 of 1998, in the Court of XX Additional Chief Judge, City Civil Court, Secunderabad. During the pendency of the appeal, the 1st respondent herein died on 05.03.2002. Petitioner filed a memo to the effect that since no application was filed to bring the legal representatives of the deceased on record, the appeal stood abated insofar as 1st respondent is concerned. 2. The 2nd respondent, who is the 2nd defendant in the suit and 2nd appellant in A.S. No. 81 of 1998 together with 3rd respondent herein, filed I.A. No. 1744 of 2002, under Order 22 Rule 4 C.P.C., read with Rule 28 of Civil Rules of Practice, to bring them as legal represen...
R. Rajeswaramma D/O Sri Vemaiah and anr. Vs. Smt. C. Sada Varalakshmi ...
Court: Andhra Pradesh
Decided on: Aug-16-2004
Reported in: 2004(6)ALT588; [2005(104)FLR1022]
L. Narasimha Reddy, J.1. This C.M.A., is field questioning the order, dated 07.05.2003, passed by the Court of Senior Civil Judge, Kadapa, in O.P. No. 41 of 1999. 2. The 1st respondent is the wife and the 2nd respondent is the son of late Ravuri Srihari Rao, who was employed as Senior Auditor in the South Central Railway. Sri Srihari Rao died on 31.10.1998. Respondents submitted a claim before the concerned authority for payment of pension and other benefits. Similar claim was made by the appellants, who are the sister and brother, respectively, of the deceased employee. It was in this context, the respondents filed the O.P., under Section 372 of the Indian Succession Act, before the trial Court, for grant of succession certificate so as to enable them to receive pension and other benefits of the deceased employee. The trial Court decreed the O.P., and held that the respondents 1 and 2 are entitled to receive the pensionary benefits of the deceased employee.3. Sri K. Lakshmi Narasimha,...
C. Surender Reddy Vs. Managing Director, A.P. Dairy Development Co-ope ...
Court: Andhra Pradesh
Decided on: Aug-16-2004
Reported in: 2004(5)ALD603; 2004(6)ALT44; [2005(104)FLR431]
ORDERV. Eswaraiah, J.1. Heard both the Counsel appearing for respective parties.2. The petitioner filed this writ of mandamus to declare the show-cause Notice No. 1844/Admn.IV/DC-3/82 dated 16-3-2004 issued by the respondent as to why certain amounts towards the short accounting of raw material/feed worth of Rs. 1,84,747/- shall not be recovered from the terminal benefits of the petitioner, as illegal, arbitrary and without jurisdiction and direct the respondent to release all pensionary benefits.3. The petitioner was appointed as Manager Grade-It in the year 1973 and was promoted as Grade-I Manager in the year 1980. He was transferred from Mahabubnagar to Gadwal on 5-1-1982 and while he was working at Gadwal, a charge-sheet dated 14-9-1983 was issued on the allegation that he did not conduct physical verification of stock at the time of taking charge from his predecessor. He submitted his explanation on 25-11-1983. Having not satisfied with the explanation, after a period of 7 months,...
Jagadish Rai Agarwal and ors. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Aug-16-2004
Reported in: II(2005)BC497; [2005]123CompCas121(AP); 2005CriLJ314
C.Y. Somayajulu, J.1. Alleging that the petitioners having agreed to purchase Ac. 17-25 gts of land in S. Nos. 246 and 247 of Kethireddipalli village, at Rs. 2.31 lakhs per acre from them and paid an advance of Rs. 5.02 lakhs through two cheques, and that on April 12, 2003, the first petitioner gave a cheque dated April 25, 2003, for Rs. 35,69,375 drawn on Tamil Nadu Mercantile Bank Ltd. towards the balance amount due and payable as per the agreement, and agreed to take the sale deed within one week from April 25, 2003, at the expense of the petitioners, and when the said cheque was presented for payment in Andhra Bank, Khairatabad, on April 25, 2003, by the second respondent, it was returned with an endorsement dated April 28, 2003, that payment was countermanded by the drawer and that in spite of a notice dated May 5, 2003, demanding payment of the amount covered by the dishonoured cheque being issued, the petitioners failed to make payment of the amount covered by the dishonoured ch...
Nitya Laboratories Limited Vs. Commercial Tax Officer and anr.
Court: Andhra Pradesh
Decided on: Aug-16-2004
Reported in: [2006]145STC220(AP)
ORDERBilal Nazki, J.1. Heard learned Counsel for the parties and with their consent this writ petition is being disposed of at this stage, as the matter involves a short point.2. The petitioner got some benefits under a scheme known as 'Target 2000, New Industrial Policy, 1995'. The incentive with which we are concerned in this writ petition was that payment of sales tax was deferred for a period of 14 years with effect from June 5, 1997. The total deferment of tax was Rs. 5,13,85,670. The petitioner had to complete his unit in two phases. The second phase was not completed within time, it was completed beyond time and also in addition to the original product, four more products were being produced by the petitioner-industry. Since there was delay in completion of second phase, the petitioner moved an application before the competent authority which is a State Level Committee for grant of benefits under the Target 2000. The State Level Committee accepted the proposal of the petitioner ...
Kumar Spirits Pvt. Ltd. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Aug-16-2004
Reported in: [2006]146STC581(AP)
ORDERS. Ananda Reddy, J.1. These special appeals are directed against the revision orders passed by the Commissioner of Commercial Taxes for the assessment years 1989-90 and 1990-91 under which the revision orders passed by the Deputy Commissioner of Commercial Taxes were revised so as to include in the taxable turnover the value representing the credit notes issued by the manufacturers to the distributors. Similarly, the tax revision cases are at the instance of the dealers aggrieved by the common order passed by the Sales Tax Appellate Tribunal (hereafter referred to as 'the Tribunal'), Hyderabad, whereunder the Tribunal negatived the claim of the dealers to exclude the value representing the credit notes issued by the manufacturers to the dealer/distributors. As a common issue is involved in both the appeals and the tax revision cases, for the sake of convenience, they are being disposed of by this common order.2. All the dealers, who are the appellants and petitioners in the specia...
Kalva Sudhakar Reddy Vs. Mandala Sudhakar Reddy and ors.
Court: Andhra Pradesh
Decided on: Aug-13-2004
Reported in: AIR2005AP45; 2004(6)ALT431
P.S. Narayana, J. 1. By order dated 12-12-2001, one of us (P.S. Narayana., J) had referred the following questions to be decided by an appropriate Division Bench :(a) Whether the umpire or an arbitrator can maintain a Revision under Section 115 of the Code of Civil Procedure ?(b) What is the period of limitation and whether the suit is within limitation in view of the ratio in CHAMPALAL Vs . MST.SAMRATHBAI : [1960]2SCR810 or whether it can be said to be barred by limitation in view of the decision in PATEL MOTIBHAI NARANBHAI AND ANOTHER Vs . DINUBHAI MOTIBHAI PATEL AND OTHERS : [1996]1SCR239 (c) In the peculiar facts and circumstances of the case, what should be the further procedure to be followed in view of the provisions of the Arbitration Act, 1940 ?2. Thus the matter is coming up before this Court. At the stage of hearing of the Civil Revision Petition, respondents 1, 3 and the legal representatives of the respondents 8 to 11 moved an application C.R.P.M.P. No. 12285/2004 praying ...
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