Andhra Pradesh Court September 2005 Judgments
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K.V. Prasad Reddy Vs. Yarabolu Hariprasad Reddy
Court: Andhra Pradesh
Decided on: Sep-15-2005
Reported in: 2005(6)ALT830
ORDERC.Y. Somayajulu, J.1. In a suit for perpetual and mandatory injunctions, after the parties adduced evidence and arguments were heard on 31-3-2004 and after the case was reserved for judgment, petitioner filed I.A.No. 650 of 2004, on 23-4-2004 to reopen his evidence and examine a witness on his behalf by appointing an Advocate Commissioner. That petition was allowed and an Advocate Commissioner was appointed to record his evidence, who filed his report on 5-5-2005. Thereafter, when the case is at the stage of arguments, petitioner filed I.A.No. 694 of 2005 on 14-6-2005 seeking permission to examine himself as a witness, which was opposed by the respondent. On the ground that petitioner failed to obtain permission under Rule 3-A of Order 18 C.P.C. to examine himself at a later stage, the learned trial Judge dismissed the said petition. Hence, this revision.2. The main contention of the learned Counsel for the petitioner is that since petitioner filed the suit through his General Pow...
Bharat College of Education Vs. A.P. State Council of Higher Education ...
Court: Andhra Pradesh
Decided on: Sep-15-2005
Reported in: 2006(1)ALD509
ORDERL. Narasimha Reddy, J. 1. The petitioner is a college of education and it is conferred with minority status. The Government issued G.O. Ms. No. 26, Education Department, dated 3-2-2005, prescribing the procedure for admitting the candidates into the Government Minority and Non-Minority colleges of education in the State. The admission into various categories of seats in different types of colleges, concludes with the third phase of Counselling under the supervision of the Convenor, Ed.CET-2004, Hyderabad, the second respondent. However, if any seats remain even after the third phase, they are to be filled up through a process known as 'spot admissions'. The Regional Joint Director of School Education of the area concerned is conferred with the power to stipulate a schedule for this purpose.2. The second respondent issued a notification dated 22-8-2005 prescribing the schedule and mode of spot admissions. In that notification, he has indicated the ranks below which, the colleges ca...
M. Ramakrishna Vs. M. Satyamma and ors.
Court: Andhra Pradesh
Decided on: Sep-15-2005
Reported in: 2005(2)ALD(Cri)917; I(2006)DMC726
ORDERC.Y. Somayajulu, J.1. The wife of the petitioner (1st respondent) filed M.C. No. 5 of 2000 seeking maintenance for herself and her minor children (respondents 2 and 3) against the petitioner herein under Section 125, Cr.P.C. Petitioner put in appearance in the said M.C. and filed his counter. Thereafter, the case underwent some adjournments and since petitioner failed to attend the Court on 25.8.2000 was set exparte and the learned Magistrate, after recording the evidence on behalf of respondents, awarded maintenance of Rs. 500 per month to the 1st respondent and Rs. 300 per month to each of respondents 2 and 3 on 14.9.2000.Thereafter, petitioner filed Crl. M.P. No. 357 of 2001 to set aside the order in M.C. alleging that there was a compromise between him and the 1st respondent whereat, she, after receiving the amount settled by the mediators, agreed to withdraw the M.C. filed by her and so, he, believing the representation of the 1st respondent that she would withdraw the M.C., ...
Crane Betel Nut Powder Works Vs. Commissioner of Customs and Central E ...
Court: Andhra Pradesh
Decided on: Sep-15-2005
Reported in: 2006(2)ALT523
Ramesh Ranganathan, J.1. This appeal, under Section 35G of the Central Excise Act, 1944, (hereinafter referred to as Excise Act), is against the order of the Customs, Excise and Service Tax Appellate Tribunal, Bangalore, in Appeal E/734/2004, dated 12-4-2005, whereby the order of the Commissioner of Customs and Central Excise, in Appeal No. 81/99(G)/EC dated 6-5-2004, was set aside. The Commissioner of Customs and Central Excise, in his order dated 6-5-2004, had set aside the order of the Assistant Commissioner of Customs and Central Excise, Guntur Division, dated 25-4-2005 (sic. 14-10-1998), classifying the product of the Appellant under Chapter subheading No. 2107.00 instead of sub-heading No.0801.00 of the schedule to the Central Excise Tariff Act, 1985, (hereinafter referred to as Tariff Act). The Appellant's contention that their products were required to be classified under Chapter sub-heading No.0801.00 was upheld by the Commissioner.2. The facts, to the extent necessary for thi...
P. Prabhavathi Vs. Election Tribunal-cum-junior Civil Judge and anr.
Court: Andhra Pradesh
Decided on: Sep-14-2005
Reported in: 2005(6)ALD511; 2005(6)ALT133
ORDER1. This writ petition has been filed by the unsuccessful petitioner in O.P.No. 3 of 2001 on the file of the Junior Civil Judge, Jedcharla, whereby the Election Petition filed by the petitioner ended in dismissal.2. The petitioner and the 2nd respondent along with others namely Afzalunnisa Begum, G. Parvathamma, Razia Sulthana, G. Rama Devi and Laxmamma, contested for the post of Sarpanch of Gram Panchayat Kaverammapet (Jadcharla) in the election held on 17-8-2001. In the said election, K. Lalithamma-2nd respondent was declared elected by a margin of 14 votes. During the process of counting, the petitioner made a request for re-counting. The Election Officer recounted only the invalid votes and declared K. Lalithamma-2nd respondent as duly elected by a margin of 14 votes. The petitioner filed election petition contending that she sought for recounting of entire votes whereas the Election Officer recounted only invalid votes. Further allegation made in the election petition is that ...
Arji Sankara Rao and ors. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Sep-14-2005
Reported in: 2005(6)ALD514; 2006(1)ALT545
ORDERG. Rohini, J.1. The writ petitioners claim to be the residents of Visakhapatnam Town who are interested in obtaining licence for sale of Liquor in retail.2. As per the provisions of A.P. Excise (Lease of Right of Selling by Shop and Conditions of Licence) Rules, 2005, the 2nd respondent - Commissioner of Prohibition and Excise, vide proceedings dated 25-5-2005, fixed the number of licences to be granted in Visakhapatnam District for the year 2005-2006, duly specifying the areas/localities. In pursuance thereof, Notification dated 26-5-2005 was issued by the District Collector, Visakhapatnam, inviting tenders from the intending tenderers for grant of lease for a period of one year i.e., from 1-7-2005 to 30-6-2006, specifically mentioning that the lease of right to sell Indian Liquor and Foreign Liquor by shop as specified in the list appended to the said Notification will be auctioned through sealed tenders on 2-6-2005 as per the terms and conditions specified thereunder. So far as...
K. Kiran Kumar and ors. Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Sep-13-2005
Reported in: 2005(5)ALD789; 2005(6)ALT361
ORDERL. Narasimha Reddy, J.1. In this batch of writ petitions, the procedure adopted by the University of Health Sciences, in selecting the candidates for admission into the First Year of M.B.B.S and B.D.S courses, for the current academic year, against the seats reserved in favour of the physically handicapped candidates, is challenged.2. Petitioners state that they have suffered handicap of one form, or the other, and that though they were entitled to be admitted against such seats, the respondents denied them the benefit, provided for under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, for short 'the Act'. While some petitioners have suffered handicap in the upper limbs, some others have suffered the same in the lower limbs. The handicap suffered by all the petitioners confined to locomotor disorders. There are no cases of visual, or hearing handicap.3. In the common counter-affidavit filed on behalf of the respondents, i...
Shaik FakruddIn Vs. Shaik Mohammed Hasan and anr.
Court: Andhra Pradesh
Decided on: Sep-13-2005
Reported in: AIR2006AP48; 2005(6)ALD179; 2005(6)ALT97
ORDERT. Ch. Surya Rao, J.1. The revision petitioner assails the order dated 27-6-2005 passed by the learned III Senior Civil Judge, City Civil Court, Secunderabad, in I.A. No. 680 of 2003 in LA. No. 462 of 2003 in O.S. No. 169 of 2003.2. The revision petitioner is the second defendant in the suit filed by the second respondent herein. The first respondent herein is the first defendant in the suit. For the sake of convenience, the parties are referred to as they were originally arrayed in the suit.3. The suit was filed for perpetual injunction. In the concomitant petition filed in LA. No. 462 of 2003 the plaintiff sought for temporary injunction against the defendants. While things stood thus, the first defendant filed a petition in I.A. No. 680 of 2003 under Section 45 of the Indian Evidence Act (for brevity 'the Act') requesting the Court to direct the second defendant along with him to subject themselves to DNA Test at C.C.M.B., Taranaka, Hyderabad. That application having been allow...
Ubed-ur-rahman Khan Vs. Convener, Eamcet-2005, Ntr Health University a ...
Court: Andhra Pradesh
Decided on: Sep-13-2005
Reported in: 2005(6)ALD307
ORDERL. Narasimha Reddy, J.1. The petitioner appeared in the EAMCET examination, held in the year 2005, to qualify for admission in the First Year of MBBS/BDS course. He secured rank No. 45216. He was not selected for admission into any of the colleges, in the usual course. Petitioner claims to have secured Silver Medal, in Hammer Throw, at 19th Junior Athletic Championship at National level. The respondents reserved 0.50% of available seats, in favour of the candidates who have participated in the sports and games. Placing reliance upon G.O. Ms. No. 27, dated 4.6.2005, issued by the Government of Andhra Pradesh, the petitioner contends that the respondents ought to have maintained 1:1 ratio, between boys and girls, in the matter of selecting candidates, against sports category. He complains that more number of girls were selected, and had the balance been maintained, the petitioner would have stood for selection.2. Heard the learned Counsel for the petitioner and the learned Standing ...
Sujana Enterprises Vs. Assistant Commercial Tax Officer (int.) Fac and ...
Court: Andhra Pradesh
Decided on: Sep-13-2005
Reported in: [2005]142STC598(AP)
ORDERJ. Chelameswar, J.1. This writ petition is filed with a prayer as follows :'...Honourable court may be pleased to issue writ of mandamus or any other appropriate writ or order declaring the action of the first respondent in detaining the goods worth of Rs. 1,14,660 of block galaxy tiles 4410 square foot detained by the first respondent on September 3, 2005 along with the vehicle bearing No. AP. 27V 2939 as arbitrary contrary to the provisions of the VAT Act and Rules read with Central Sales Tax Act and consequently direct the first respondent to release the vehicle along with the goods forthwith.'2. The petitioner is a proprietary concern carrying on the business of manufacture and sale of granite and granite tiles and also a registered dealer both under the Central Sales Tax Act and the A.P. Value Added Tax Act, 2005 with the second respondent herein.3. A consignment of block galaxy granite tiles was sold by the petitioner to M/s. Italia Marbles, Conjoni Road, Chettipuza, Thrishu...
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