Andhra Pradesh Court February 2005 Judgments
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A.P. State Financial Corporation, Mahabubnagar Branch Vs. Professional ...
Court: Andhra Pradesh
Decided on: Feb-15-2005
Reported in: 2005(3)ALD326; 2005(3)ALT359; III(2005)BC527; [2005]125CompCas365(AP); [2005]63SCL143(AP)
Goda Raghuram, J.1. In OSA No. 2 of 2004, we have heard Sri Y.N. Vivekananda Swamy, learned Counsel for the appellant Corporation, Sri A. Narasimha Reddy, learned Counsel for the appellant in OSA No. 13 of 2004 and Sri Ramesh Ranganatham representing Sri M. Anil Kumar, Official Liquidator.2. The first of these appeals is by the A.P. State Financial Corporation (the Corporation) and the second by the purchaser of the property in the auction sale by the Corporation under Section 29 of the State Financial Corporation Act, 1951 (for short '1951 Act').3. The Corporation filed a Company Application No. 336 of 2003 under Section 446 of Companies Act, 1956 (for short '1956 Act') read with Sections 29 and 46B of the 1951 Act read with Rule 9 of the Company Court Rules seeking the permission of this Court for sale of the immovable properties viz., land and buildings of the respondent Company in liquidation for a consideration of Rs. 56.00 lakhs in favour of the appellant in OSA No. 13 of 2004. T...
Bandila Audi Seshamma Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-14-2005
Reported in: 2005(2)ALD316; 2005(2)ALT583
ORDERG. Rohini, J.1. The petitioner was elected as President of the Mandal Parishad, Chillakur Mandal on 22-7-2001.2. This writ petition is filed questioning the notice dated 5-1-2005 issued by the 2nd respondent-Revenue Divisional Officer, Gudur proposing to convene the meeting of Mandal Parishad on 3-2-2005 at 11.00 a.m., to consider the Motion of No Confidence against the petitioner on the basis of a notice received from 10 members of the Mandal Parishad informing that they intend to make a motion expressing want of confidence in the President of the Mandal Parishad.3. The petitioner contends that the impugned notice is not in conformity with the provisions of Section 245 of the A.P. Panchayat Raj Act, 1994 (for short, 'the Act') read with Rule 2 of the Rules made under G.O. Ms. No. 200, PR & RD, dated 28-4-1998 and therefore the entire proceedings are liable to be declared as invalid.4. It is not in dispute that the impugned notice was issued in Form-V annexed to the Rules relating...
Md. Mazhar Shaheed Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Feb-14-2005
Reported in: 2005(2)ALD238; 2005(2)ALT234
Devinder Gupta, C.J.1. The writ petition is filed in purported public interest for safeguarding the property of old Edgah of Veerannapet admeasuring 5082 square yards situate in Sy.No. 653 of Veerannapet, Mahaboobnagar. The petitioner has questioned the action of the respondents in trying to convert the said land into a Shadi Khana or for any other purpose.2. This writ petition was filed when it was learnt that the Minister for Law and Court has laid foundation for the construction of Shadikhana No. II at the religious sensitive place of old Edgah located at Macca Masjid/ Veerannapet locality of Mahaboobnagar against the Islamic laws and faith.3. Affidavit in reply has been filed by respondent No. 2, the Chief Executive Officer of the State Wakf Bard, Hyderabad in which it is stated that the District Collector, Mahaboobnagar has addressed a letter to the 2nd respondent requesting to gift any open land to the extent of 4000 square yards besides Masjid-e-Albamajboor in Sy.No. 653 of Maha...
C. Malla Reddy Vs. Election Commission of India and ors.
Court: Andhra Pradesh
Decided on: Feb-14-2005
Reported in: 2005(2)ALD813; 2005(2)ALT484
ORDERDevinder Gupta, C.J.1. The writ petition is filed on 22-4-2004 for a direction in the nature of a writ of Mandamus to direct the respondents to devise and work out a fool proof mechanism so that every eligible voter would be included in the voters list of a particular polling booth nearer to his residence and by way of an interim relief prayed for immediate revision of electoral rolls of Assembly and Parliamentary constituency in the State schedule to be held on 26-4-2004.2. Petitioner No. 1 is a senior advocate practicing in the High Court. Petitioner No. 2 is also an advocate and a social activist. Petitioner No. 1 stated that he has been the voter since decades and he and his wife had voted in 1999 parliamentary elections from Himayatnagar constituency where they were residing till then. Thereafter, they started residing permanently in their Jubilee Hills house. The enumerators employed by the Election Commission came to their Jubilee Hills House and noted down the change of th...
Syed Azad Vs. Divisional Security Commissioner, Railway Protection For ...
Court: Andhra Pradesh
Decided on: Feb-14-2005
Reported in: 2006(1)ALD501; 2006(2)ALT112
ORDERB. Prakash Rao, J.1. Heard Sri J.M. Naidu, learned Counsel appearing for the petitioner and Sri Gown Sankar Sanghi, learned standing Counsel appearing on behalf of the respondents.2. The petitioner, who has been working as R.P.F. Constable with the respondents, filed this writ petition, inter alia, seeking for a writ of mandamus declaring the action of the first respondent in imposing the punishment of compulsory retirement under the orders dated 27.1.1998 and as confirmed in appeal as per the order dated 11.6.1998, as bad and illegal, and for further direction to reinstate him into service with all consequential benefits.3. The case of the petitioner is that he was initially appointed on 18.11.1979 and he married S. Parveen on 10.10.1982 as evident from the service record. However, on the basis of a complaint by her, a charge-sheet was issued on 16.9.1987 on the ground that he contracted second marriage with one Ms. Nirmala. Thereupon, an enquiry was conducted on appointment of a...
Ruchi Infrastructure Limited Vs. Commercial Tax Officer, Kakinada Divi ...
Court: Andhra Pradesh
Decided on: Feb-14-2005
Reported in: (2007)7VST194(AP)
ORDERM.H.S. Ansari, J.1. On the authority of the division Bench judgment in Anab-E-Shahi Wines and Distilleries Private Limited v. Appellate Deputy Commissioner, Secunderabad Division, Nampally, Hyderabad [1995] 98 STC 386 (AP), instant writ petition is liable to be disposed of. In the said decision, it was held as under:In so many similar cases, we have held that so long as the interim order is not passed on the stay application by the appellate authority, such coercive methods to recover the amount of tax under the assessment order, which is the subject-matter of the appeal, are not proper. In spite of this, such proceedings are being initiated. Under the circumstances, we have no alternative but to quash the garnishee proceedings issued against the third and the fourth respondents and to restrain the second respondent from initiating any recovery proceeding against the petitioner pending disposal of its stay application before the appellate authority, i.e., the first respondent. Acc...
D.N. Prasad Vs. Principal Secretary to the State of A.P. (Home and Cou ...
Court: Andhra Pradesh
Decided on: Feb-11-2005
Reported in: 2005(2)ALD451; 2005(1)ALD(Cri)532; 2005(3)ALT451; 2005CriLJ1901
L. Narasimha Reddy, J.1. The petitioners in these three writ petitions are accredited journalists. Each one of them is associated with a News Agency as well as a T.V. Channel. All of them have approached the Superintendent, Central Prison, Cherlapalli, Hyderabad, and Deputy General and Inspector General of Prisoners and Correctional Services, Chanchalguda, Hyderabad, seeking permission to interview and elicit information from one Sri Maddelacheruvu Suryanarayana Reddy, alias Suri, who is serving life sentence in the Central Prison, Cherlapalli, Hyderabad. The occasion for them to interview, or to elicit information from the said person arose, on account of the fact that he was arrayed as one of the accused in the murder of an M.L.A., of the Andhra Pradesh State Legislature, by name Sri Paritala Ravindra, who was murdered at Anantapur, on 24-1-2005.2. Petitioners contend that, in view of various dimensions that the case of murder of Sri Paritala Ravindra, had assumed, it has become nece...
Golla Goda Alivelamma Vs. S. Venkateshwarlu and anr.
Court: Andhra Pradesh
Decided on: Feb-11-2005
Reported in: 2005(2)ALD811; 2005(2)ALT695
ORDERL. Narasimha Reddy, J.1. The petitioner filed O.S. No. 141 of 2004 in the Court of Junior Civil Judge, Kollapur against the respondents in relation to an immovable property. She obtained an order of temporary injunction against the respondents. The respondents filed I.A. No. 306 of 2004 under Order 18 Rule 18 C.P.C. requesting the Court to undertake a personal inspection. It was alleged that taking advantage of the order of temporary injunction, the petitioner herein is making constructions to prevent access to a public well. The petitioner resisted the application stating that she has not undertaken any construction around the well and that she has taken steps only to prevent interference by the respondents herein. An objection was raised as to the very maintainability of the petition.2. On a consideration of the rival contentions of the parties, the trial Court found that it was not a case for undertaking inspection by the Court itself. However, through its order, dated 14.10.20...
L. Nagender Rao Vs. Sri Raghavendra Finance Corporation and ors.
Court: Andhra Pradesh
Decided on: Feb-11-2005
Reported in: 2005(3)ALD403; I(2006)BC69; [2005]126CompCas875(AP)
ORDERA. Gopal Reddy, J.1. This revision is filed under Article 227 of the Constitution assailing the correctness of the order passed by the I Additional Senior Civil Judge, Rangareddy District in dismissing the I.A. No. 2514 of 2003 in O.S. No. 698 of 1999 dated 15-9-2004.2. Petitioner is the Defendant No. 1 in the suit. The above suit was filed for recovery of Rs. 1,19,025/- under promissory note, in which petitioner resisted the claim. Thereafter, plaintiff filed an affidavit in lieu of examination in chief and given up for cross-examination. At that stage, the petitioner filed the above I.A. under Section 10 of Code of Civil Procedure seeking stay of all further proceedings in the suit till the disposal of Crl.R.C. No. 1487 of 2003 pending on the file of this Court. For dishonouring of Cheque No. 313041 dated 22-1-1998 for a sum of Rs. 82,330/-, the petitioner was prosecuted for the offence under Section 138 of Negotiable Instruments Act,. 1881 (for short 'the Act') in C.C. No. 518 ...
G.V. Narsimha Reddy and anr. Vs. Commissioner, Nirmal Municipality
Court: Andhra Pradesh
Decided on: Feb-10-2005
Reported in: 2005(2)ALD363; 2005(2)ALT565
ORDERP.S. Narayana, J.1. G.V. Narsimha Reddy and G.V. Mohan Reddy, the writ petitioners filed the present writ petition against the Commissioner, Nirmal Municipality, Adilabad District, praying for the issuance of a writ of 'Certiorari' calling for records pertaining to the Order of the Commissioner in his Proceedings Ref. Unauthorised VO.No. 33/ 96-97, dated 21-2-1997 and quash the same as being illegal, arbitrary and contrary to the provisions of the A.P. Municipalities Act, 1965 (for brevity 'the Act') and further being unconstitutional and violative of Article 14 of the Constitution of India and pass such other suitable orders.2. Elaborate affidavit sworn to by the first petitioner narrating several details was filed in support of writ petition. The respondent-Municipality filed a counter-affidavit and the petitioners also filed a reply affidavit thereto.3. Sri V.M. Chary, representing Sri S. Niranjan Reddy, the learned Counsel for the petitioners had taken this Court through the c...
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