Andhra Pradesh Court November 2006 Judgments
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P.S. Niranjan Vs. Controller of Examinations, Osmania University and a ...
Court: Andhra Pradesh
Decided on: Nov-10-2006
Reported in: 2007(3)ALT674
ORDERR. Subhash Reddy, J.1. This Writ Petition has been filed seeking Mandamus to declare the action of the respondents in not sending the answer scripts of the petitioner of B.E (Mechanical) examination for revaluation to a third valuer as illegal and arbitrary and a direction to the respondents to send the said answer sheets to a third valuer for revaluation.2. Heard learned Counsel for the petitioner and Mr. Deepak Bhattacharjee, learned Standing Counsel appearing for the respondents.3. Petitioner, a student of Bachelor of Engineering in the second respondent college, is said to have completed the course and appeared for examinations conducted by the university during April/May 2006. When results were announced, he was declared to have failed in 'Mechanics of Materials, Machine Design, Metrology and Instrumentation, Operation Research, and Management Information System'. Dissatisfied with the marks he secured in the aforesaid subjects, he is said to have applied for revaluation of t...
B. Yugandhar Vs. Principal, Kuppam Engineering College and anr.
Court: Andhra Pradesh
Decided on: Nov-10-2006
Reported in: 2008(2)ALT529
G.S. Singhvi, C.J.1. Whether the appellant, who failed to achieve the requirement of minimum 75% attendance prescribed under the academic regulations framed by Jawaharlal Nehru Technological University, Hyderabad (for short, 'the University'), can seek a direction for being allowed to take examination of 1st semester of the 4th year of B.E. course is the question which arises for determination in this appeal filed against order dated 8-11-2006 passed by the learned single Judge in Writ Petition No. 23298 of 2006.2. The appellant took admission in B.E. (Electronics and Communication Engineering) in the year 2003-04 in Kuppam Engineering College, Chittoor (for short, 'the College'). After completing three years of the course, he was admitted to the 4th year. From 26-6-2006 to 15-8-2006, he is said to have suffered from viral fever and, on that account, he could not attend the classes. As a result, he failed achieve the minimum target of 75% attendance. The Principal of the College declin...
K. Gangadhar Vs. A.P. State Road Transport Corporation and anr.
Court: Andhra Pradesh
Decided on: Nov-09-2006
Reported in: 2007(1)ALD14; 2007(1)ALT118
Ramesh Ranganathan, J.1. 'Cosmetically unacceptable to the public' is reason enough to deny employment to any category of posts in the Andhra Pradesh State Road Transport Corporation. This is not an 'off the cuff remark but the official stand of the Corporation in its counter-affidavit filed before this Court. Efficiency is of no consequence, it is a person's looks/physical appearance that matters. 'Vitiligo', a skin disorder, wherein white/grey patches are formed in parts of the body for lack of proper pigmentation, has resulted in the petitioner being found medically unfit for appointment as a Conductor in A 2 category. Lest they be subjected to the criticism that, in the guise of recruiting Conductors, the respondent Corporation is, in fact, holding a beauty pageant, the possibility of deterioration/loss of vision in the distant future is cited as a consequence of contracting 'Vitiligo'.2. Pursuant to a notification issued by the respondents, inviting applications for the posts of C...
Ramesh Steel Re-rolling Mills Vs. C.C. and C.E. (A)
Court: Andhra Pradesh
Decided on: Nov-09-2006
Reported in: 2008(223)ELT358(AP); 2008[9]STR14
ORDERD. Appa Rao, J.1. The petitioner seeks a Writ of Mandamus directing the 1st respondent, the Commissioner of Customs and Central Excise (Appeals) to dispose of restoration application dated 1-5-2006 for restoration of the appeal preferred by it under Section 35F of Central Excise Act, 1944.2. The petitioner was engaged in the manufacture of M.S. Rods and CTD bars of non-alloy steel falling under Chapter 72 of the Schedule to the Central Excise and Tariff Act, 1985. It had availed the scheme under Rule 96ZP(3) of the Central Excise Rules, 1944 for the purposes of payment of excise duty. Since, it was in financial distress, it could not make the payment of the duty. It had taken a plea before R.l in the assessment proceedings of that as the unit was ultimately closed with effect from 1-11-1998, there was no liability to pay any duty. However, the 2nd respondent, the Deputy Commissioner of Central Excise in his assessment proceedings held that it was liable to pay a duty of Rs. 72,257...
A.P. Northern Power Distribution Company Limited Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Nov-09-2006
Reported in: (2007)9VST436(AP)
ORDERJ. Chelameswar, J.1. The petitioner is a Government company within the meaning of that expression under Section 617 of the Companies Act, 1956. It is a registered dealer under the Andhra Pradesh General Sales Tax Act, 1957 (for brevity, 'the Act'). We are informed that the basic activity of the petitioner-company is distribution of electrical energy to the consumers in certain areas, (details of which are not necessary), generated or supplied by the A.P. Genco, another Government owned company. As a registered dealer under the Act, the petitioner obtained a certificate in form G2. Such a certificate is contemplated under Section 5B of the Act. Under the scheme of Section 5B of the Act, lower rate of tax is required to be collected on the sale of goods from one dealer to another dealer, when the latter purchases goods, as raw materials, for the purpose of manufacturing certain other products. Section 5B of the Act reads as follows:.Levy of concessional tax in respect of component p...
Kilari Kondaiah Vs. District Collector (Panchayat Wing) and ors.
Court: Andhra Pradesh
Decided on: Nov-08-2006
Reported in: 2007(1)ALD620
ORDERP.S. Narayana, J.1. Heard the Counsel.2. W.V.M.P. No. 2363 of 2005 is filed by the 1st and 2nd respondents in the writ petition to vacate the interim orders granted by this Court in W.P.M.P. No. 10159/2005 dated 11-4-2005. At the request of the Counsel representing the parties, the writ petition itself is being disposed of finally.3. The writ petition is filed for a writ of mandamus declaring the impugned proceedings ROC No. 1307/04 (Pts) A1, dated 9-8-2004 issued by the 2nd respondent against the petitioner, as illegal, arbitrary, without jurisdiction and against the principles of natural justice, contrary to the provisions of the A.P. Panchayat Raj Act 1994 and contrary to Rule 42(1) of G.O. Ms. No. 30 of Panchayat Raj, Rural Development and Relief, dated 20-1-1995, consequentially to set aside the same and to pass such other suitable orders.4. It is stated that the petitioner was elected as Sarpanch ofPentrala Gram Panchayat, Linga Samudram Mandal, Prakasam District inthe year ...
M. Jagannadha Rao Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Nov-08-2006
Reported in: 2007(1)ALD779; 2007(1)ALT449
ORDERP.S. Narayana, J.1. This Court ordered notice before admission on 4-9-2006 and the learned Assistant Government Pleader for Panchayat Raj had taken notice for respondents 1 to 3 and Sri Narayana Rao who entered appearance on behalf of 5th respondent requested time to file counter-affidavit.2. The 5th respondent filed counter-affidavit.3. Sri M. Jagannath Rao, the writ petitioner filed the present writ petition praying for a writ of mandamus declaring the inaction of the respondents in not initiating action for disqualification of the 5th respondent for having more than three children born after the year 2000 being illegal, arbitrary, violative of the provisions of A.P. Panchayat Raj Act 1994 and unconstitutional and consequently to direct the respondents to forthwith disqualify the 5th respondent from being the Sarpanch of Satyavaram Gram Panchayat in Payakaraopet Mandal of Visakhapatnam District and to pass such other suitable orders.4. The learned Counsel for the writ petitioner...
Koneti Ramachandra and ors. Vs. G. Anjappa (Died) by Lrs.
Court: Andhra Pradesh
Decided on: Nov-08-2006
Reported in: 2007(3)ALD40; 2007(4)ALT313
L. Narasimha Reddy, J.1. The legal representatives of the sole plaintiff in O.S. No. 429 of 1979 on the file of the Principal District Munsif, Madanapalle, are the appellants. They feel aggrieved by the judgment and decree passed by the Court of Additional District Judge, Madanapalle, in A.S. No. 21 of 1989. For the sake of convenience, the parties are referred to, as arrayed in the suit.2. The plaintiff pleaded that the suit schedule property admeasuring about 11/2 acres of Punganur Village of Chitoor District, was owned by one Smt. Rani Nanjammannidevi, the mother of the 1st defendant, and that the land was leased, in, or about 1940, to one Sri Koneti Manikyarayappa, the father-in-law of the plaintiff. It was pleaded that ever since then, the land was in possession and enjoyment of the lessee, and since he died somewhere in 1972, being the sole legal heir, the plaintiff succeeded to the tenancy. The lessor is said to have died, sometime 1974 and thereby, the 1st defendant became the ...
P. Venkatarayudu Vs. the Andhra Bank, Rep., by Its General Manager (Pe ...
Court: Andhra Pradesh
Decided on: Nov-07-2006
Reported in: 2007(3)ALD268
ORDERC.V. Nagarjuna Reddy, J.1. The petitioner, who at the relevant time was working as Manager at Pitlam Branch of Andhra Bank, was served with a charge memo dated 30.09.1988. Not being satisfied with the explanation offered by the petitioner, the Assistant General Manager, who was the disciplinary authority, appointed an enquiry officer. The enquiry officer after holding enquiry submitted his report on 27.02.1993. The enquiry officer held charges 1(a), 1(b), 1(c), 5, 6(b), 7, 8, 9 and 10 as proved and charges 1(d), 2, 3, 4, 6(a) and 11 as not proved. The Assistant General Manager, who initiated the disciplinary proceedings and who by the time of submission of enquiry report was promoted as Deputy General Manager, issued proceedings No. 66/20/V/101/1112 dated 03-01-1994 imposing the punishment of reversion of the petitioner from MMGS-II to JMGS-I, fixing his basic pay at Rs. 4390/-. An appeal filed by the petitioner to the General Manager (Personnel) on 09-05-1994 having been rejected...
Vurukutla Pamulu and anr. Vs. Kuppa Bhanumathi and Four ors.
Court: Andhra Pradesh
Decided on: Nov-07-2006
Reported in: 2007(3)ALD236; 2007(3)ALT589
P.S. Narayana, J.1. The only substantial question of law argued by both the learned Counsel on record is as hereunder:Whether on facts and in the circumstances of the case the estate of the destitute widowed daughter on whom the suit property was settled by her father gets enlarged in her hands after the death of her father qua her brothers by virtue of Section 14(1) of Hindu Succession Act. 2. Sri M.Ram Mohan, learned Counsel representing the appellants-defendants 1 and 2 would submit that both the Courts had totally erred in appreciating the scope and ambit of Sections 14(1) and 14(2) of the Hindu Succession Act, hereinafter in short referred to as Act for the purpose of convenience. The learned Counsel would submit that the facts are not in controversy at all and the only question which may have to be decided is the applicability of Section 14(1) or Section 14(2) of the Act referred to supra. The counsel also had taken this Court through Section 14(1) of the Act and further placed s...
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