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Andhra Pradesh Court August 2004 Judgments

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Aug 10 2004

Mohd. Shamim-ul-haq Vs. Mohd. Khaja Moinuddin

Court: Andhra Pradesh

Decided on: Aug-10-2004

Reported in: 2004(6)ALD357

ORDERL. Narasimha Reddy, J.1. This CRP is filed under Section 22 of the A.P. Buildings, (Lease, Rent and Eviction) Control Act, 1960, (hereinafter referred to as 'the Act'). 2. The respondent is the owner in respect of residential premises bearing No. 16-9-830, Old Malakpet, Hyderabad. The same was let out to the petitioner in October, 1997 on a monthly rent of Rs. 600/-. The respondent filed R.C.No. 32 of 1999 before the III Additional Rent Controller, Hyderabad, seeking eviction of the petitioner on several grounds. The R.C. was allowed and the petitioner was directed to vacate the premises. Aggrieved thereby, the petitioner filed R.A. No. 455 of 2000 in the Court of Chief-Judge, City Small Causes Court, Hyderabad, under Section 20 of the Act. 3. In that appeal, the respondent filed I.A. No. 800 of 2001 under Section 11(1) and (4) of the Act, read with Section 151 C.P.C., for a direction to the petitioner herein to deposit a sum of Rs. 23,400/-, being, arrears of rent from April 1998...


Aug 10 2004

S.L.S. Textiles Ltd. Vs. Commercial Tax Officer-ii and ors.

Court: Andhra Pradesh

Decided on: Aug-10-2004

Reported in: 2005(1)ALD187; [2005]140STC251(AP)

Bilal Nazki, J.1. Heard learned Counsel for the parties. Counter has been filed and with the consent of the learned Counsel for the parties, the matter is disposed of at the stage of admission.2. Controversy is very short. The petitioner was entitled to refund of an amount of Rs. 44,61,990/-. The order in tax revision case was passed on 8-11-2001 and refund was actually made on 7-8-2003. Writ petition has been filed seeking interest for the period for which the amount was not refunded contrary to the provisions of the A.P. General Sales Tax Act. The respondents claim that they had gone to the Supreme Court challenging the order of the High Court but the appeal was dismissed. They also claim that the papers relating to the case were received from the High Court and the Appellate Authority in December, 2002 and thereafter a notice had been given to the petitioner to file a claim within three months for refund and after it filed an application for refund, the payment was made within a per...


Aug 10 2004

B. Kiranmaye Vs. Prasoona Traders and anr.

Court: Andhra Pradesh

Decided on: Aug-10-2004

Reported in: II(2005)BC471

ORDERC.Y. Somayajulu, J.1. First respondent filed a private complaint against the petitioner alleging that for a debt due to it in connection with the cotton business transactions between it and the petitioner, petitioner issued a cheque dated 14.8.2002 for Rs. 7,00,000/- drawn on Bank of India, Guntur, which, on presentation for payment, was returned with a memo dated 7.1.2003 that the amount covered by the cheque exceeds the arrangements made, and so it got issued a statutory notice dated 20.1.2003 to the petitioner about return of the cheque and demanding payment of the amount covered by the cheque, but the same was returned un-served and so the petitioner is liable for punishment under Section 138 of the Negotiable Instruments Act, 1881 (the Act). The learned Magistrate took cognizance of the offence. This petition is filed to quash the said proceedings.2. The contention of the learned Counsel for petitioner is that even if all the allegations in the petition are taken to be true, ...


Aug 09 2004

Chemo Steels Limited, Rep. by Its Managing Director, Vs. State of Andh ...

Court: Andhra Pradesh

Decided on: Aug-09-2004

Reported in: 2005(1)ALD(Cri)6; 2005CriLJ716

C.Y. Somayajulu, J.1. Private complaint filed by the third respondent was referred to police for investigation under Section 156(3) Cr.P.C. Police, after investigation, filed a charge sheet against the petitioners for various offences. After the prosecution closed its evidence, and when the case was posted for examination of the accused under Section 313 Cr.P.C, prosecution filed Crl. M.P. No. 8082 of 2002, under Section 311 Cr.P.C, seeking permission of the Court to examine the husband of the defacto-complainant as additional witness on its behalf. Petitioners opposed the said application. The trial Court by the order impugned in this petition, allowed the said petition. Hence, this petition.2. The main contention of the learned counsel for the petitioners is that since Section 161 Cr.P.C statement of the witness intended to be examined as additional witness is not recorded by the police, petitioners, who are the accused, would be put to hardship and inconvenience as they would not be...


Aug 09 2004

Bhukya Babulal Vs. the State of A.P., Rep. by the Public Prosecutor, H ...

Court: Andhra Pradesh

Decided on: Aug-09-2004

Reported in: 2004(2)ALD(Cri)689; 2005CriLJ1315

P.S. Narayana, J.1. Bhukya Babu Lal, sole accused in S.C. No. 530 of 1993 on the file of the Sessions Judge, Warangal, is the appellant in this present criminal appeal.2. The Circle-Inspector of Police, Mahabubabad, P.W.10, laid charge sheet against the accused for an offence under Section 302 IPC. 3. The case of the prosecution is that on 15-04-1993, the defacto-Complainant - Ajmeera Kheemiya, P.W.1, came to Mahabubabad Police Station along with Ajmeera Parshya and orally stated that the accused caused injuries to Parshya and on the said oral statement, the Station House Officer reduced the same into writing and obtained thumb impression and registered as a case in Crime No. 82 of 1993 under Section 324 IPC and referred the injured Parshya to the Civil Hospital, Mahabubabad and from there, the injured was sent to MGM Hospital and then, he was referred to Osmania General Hospital, Hyderabad. On 18-04-1993, the Sub-Inspector of Police, P.W.8, received information about the death of the ...


Aug 09 2004

S.V. Gopala Rao and ors. Vs. Commissioner of Income-tax and ors.

Court: Andhra Pradesh

Decided on: Aug-09-2004

Reported in: (2004)192CTR(AP)530; [2004]270ITR433(AP)

Bilal Nazki, J.1. Heard learned counsel for both the parties and perused the record.2. The controversy is very short and mostly the material facts are not at dispute. The petitioners challenge a sale on the ground that the sale was effected beyond time. The dates which are material, as stated above, are not in dispute. The order became final somewhere in 1991-92 and according to Rule 68B of the Income-tax Act, 1961 (for short 'the Act'), the order had to be deemed to have come into force from the end of the financial year in which the order giving rise to a demand of any tax, interest, fine, penalty or any other sum had been attached had become conclusive. As such, the time would start running from March 31, 1993, since Rule 68B of the Act itself was incorporated by the Finance Act, 1992, with effect from June 1, 1992. Therefore, June 1, 1992, was taken as a date for reference. The assessment, in the present case, has been completed before June 1, 1992. In between, the Department tried...


Aug 09 2004

Thallapuneni Venkateswarlu Vs. Collector and District Magistrate and o ...

Court: Andhra Pradesh

Decided on: Aug-09-2004

Reported in: 2004(5)ALT250

ORDERG. Bikshapathy, J.1. This writ petition is filed assailing the order of detention passed by the 2nd respondent-Government in G.O. Rt. No. 2670, dated 24-05-2004. The 1st respondent passed the order Under Section 3(2) of the A.P. Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (hereinafter referred to as 'The Act') and ordered detention of the uncle of the petitioner (hereinafter called 'the detenu') on the ground that he was a goonda as defined Under Section 2(g) of the Act. The said Order having been approved by the 2nd respondent, the present writ petition has been filed.2. It is the case of the petitioner that after detention, the representation submitted by the detenu on 3-6-2004 was placed before the Advisory Board and the said Board rejected the representation and formal order of rejection was communicated to the detenu on 28-06-2004. Further, the matter was also placed before the Adv...


Aug 07 2004

Gandey Sravan Kumar Vs. D. Srinivas (Died) by Lr.

Court: Andhra Pradesh

Decided on: Aug-07-2004

Reported in: 2004(5)ALD441; 2004(5)ALT827

ORDERL. Narasimha Reddy, J.1. This civil revision petition is filed against the Order dated 2.4.2004 in I.A. No. 1380 of 2003 in O.S. No. 50 of 1999 on the file of the III Senior Civil Judge, City Civil Court, Secunderabad.2. The I.A. related to summoning of a document, being Ex.A.10, in O.S. No. 122 of 1998, decided by the Court of I Additional Chief Judge, City Civil Court, Hyderabad, and the subject-matter of C.C.C.A. No. 77 of 2003 in this Court.3. Between the petitioner and the respondents two sets of suits are pending in the trial Court. O.S. Nos. 50, 51 and 52 of 1999 are filed by the respondents for recovery of possession of ground, first and second floors respectively of a building on the plea that though the petitioner had executed sale deeds in respect of them, possession was not delivered. The petitioner in turn fifed O.S. Nos. 348, 349 and 350 of 1998 in the same Court for cancellation of the sale deeds. The trial of the suits commenced. While in the first set, the evidenc...


Aug 06 2004

A.P. State Cooperative Societies Secretaries and Employees Union Rep. ...

Court: Andhra Pradesh

Decided on: Aug-06-2004

Reported in: 2004(5)ALT61

Goda Raghuram, J.1. The union of the employees and secretaries of the A.P. State Cooperative Societies has filed this writ petition. Initially invalidation of the Government orders in G.O.Ms. No. 308 Agriculture & Cooperation (Coop. VI) Department, dated 19.11.2003 was sought. By an amendment, which was ordered on 18.3.2004, in addition, invalidation of G.O.Ms. No. 94 Agriculture & Cooperation (Coop. VI) Department, dated 28.2.2004 and G.O.Ms. No. 1104 Agriculture & Cooperation (Coop. VI) Department, dated 4.12.2003 has also been prayed for and in addition a direction to the respondents to implement the directions of the Registrar of Cooperative Societies contained in the proceedings Rc. No. 3958/2004, dated 23.2.2004.2. Chronology of events, in brief:-A scheme for providing financial assistance to Primary Agricultural Credit Cooperative Societies (PACS) was formulated by the Government of India known as 'Half a Million Jobs Programme'. The intent of the scheme was, inter alia, to meet...


Aug 06 2004

Tongala Hanmanthu Vs. State of A.P. Rep. by Public Prosecutor

Court: Andhra Pradesh

Decided on: Aug-06-2004

Reported in: 2004(2)ALD(Cri)353; 2004CriLJ4087

P.S. Narayana, J.1. Heard Sri H. Venugopal, learned Counsel representing the appellant-accused and the learned Public Prosecutor. 2. This appeal is preferred as against the judgment dated 12-11-1997 passed in Special S.C. No. 59 of 1996, in Crime No. 10 of 1996 of P.S. Tiryani, on the file of the Special Judge for SC & ST (POA) Act Castes-cum-Additional Sessions Judge, Adilabad. 3. The charge sheet was laid as against the accused for the offences under Sections 354 and 506 I.P.C. and Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the SC & ST (POA) Act'). It is the case of the prosecution that on 27-04-1996 at 8-00 A.M., P.W.2 along with P.W.3 had gone to the outskirts of Duggapur village for the purpose of grazing the goats and at about 11-00 A.M., the accused suddenly came there, caught hold of the hand of P.W.2 and dragged her towards nearby bushes. Then, P.W.2 raised cries and on hearing the cries, P.W.3 rushed to t...


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