Andhra Pradesh Court August 2006 Judgments
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Jillellamudi Nagamani Vs. Sarvepalli Vijayalakshmi and ors.
Court: Andhra Pradesh
Decided on: Aug-28-2006
Reported in: 2008ACJ1765; 2006(6)ALD234
L. Narasimha Reddy, J.1. The second appeal and the CMA (SR) are interrelated and they are filed by the same individual. Hence, they are disposed of through a common judgment.2. The appellant filed O.S. No. 26 of 1998 in the Court of the I Additional Junior Civil Judge, Nellore for a declaration that she is the legally wedded wife of late J. Ananda Hanumantha Rao. She stated that she was earlier married to one Radha Krishna and begot two children and after his death, she married Hanumantha Rao in the year 1991 in Sri Venugopalaswamy Temple, Mulapet, Nellore. According to her, there did not exist any subsisting marriage between Hanumantha Rao and any other woman, when she married him. She pleaded that Hanumantha Rao executed a Will, dated 15-9-1997, in her favour and died in an accident that took place on 5-10-1997. She also filed O.P. No. 270 of 1998 under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') before the I Additional Motor Accidents Claims Tribunal, Nellore.3...
B. Muralidhar Reddy and ors. Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-28-2006
Reported in: 2006(6)ALD309
G.S. Singhvi, C.J.1. Whether the amendment made in Rule 27(1) of the Andhra Pradesh Excise (Lease of Right of Selling by Shop and Conditions of Licence) Rules, 2005(for short, 'the Shop Rules') vide G.O. Ms. No. 598, Revenue (Ex.II), dated 26-5-2006, which was published in Andhra Pradesh Gazette (Extra-ordinary) dated May 26, 2006 extending the restriction of 100 meters against the location of liquor shops from the places of public worship, educational institutions and hospitals to Municipal Corporation areas is violative of Articles 14, 19 and 300-A of the Constitution is the question which arises for determination in these petitions (except taken up Writ Petition Nos. 9662 and 11640 of 2006) filed under Article 226 of the Constitution of India.2. Writ Petition No. 9662 of 2006 is an off-shoot of order dated 10-4-2006 passed by the Court in Writ Petition No. 482 of 2006 whereby, while disposing of that writ petition, the Court suo motu directed the Commissioner of Prohibition and Exci...
M. Shyamala Vs. District Panchayat Officer and anr.
Court: Andhra Pradesh
Decided on: Aug-28-2006
Reported in: 2006(6)ALD240
ORDERV.V.S. Rao, J.1. The petitioner herein was elected as Member of Ward No. 5 of Dammaiguda Village of Keesara Mandal in Ranga Reddy District. The second respondent, who also contested the election and lost, filed an application before the first respondent alleging that the petitioner incurred disqualification under Section 19(3) of the Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act'), on the ground that she was having three children. Therefore, the first respondent issued orders on 22-8-2003 disqualifying her under Section 19(3) of the Act. Aggrieved by the same, the petitioner filed O.P. No. 513 of 2003 on the file of the Court of the Principal District Judge, Ranga Reddy District. The same was coming up for enquiry. On 1-7-2004, the said O.P was dismissed as the Counsel for the petitioner was absent when the case was called. Therefore, the petitioner filed an application under Order IX Rule 9 of the Code of Civil Procedure, 1908 (CPC), for restoration of original petit...
K. Yadaiah Vs. Chief Security Commissioner, Railway Protection Force a ...
Court: Andhra Pradesh
Decided on: Aug-28-2006
Reported in: 2006(6)ALD254; [2007(112)FLR130]
G.S. Singhvi, C.J.1. This appeal is directed against order dated 7-2-2006 passed by the learned Single Judge whereby he dismissed the writ petition filed by the appellant for quashing enquiry report dated 23-8-1995 and order of punishment dated 16-9-1995.2. The appellant joined the service as Naik in the Railway Protection Force on 17-11-1979. By memorandum dated 26-4-1995, the disciplinary authority initiated departmental enquiry against him under Rule 187 of the Railway Protection Force Rules, 1987 (for short, 'the Rules') on the following charge:Sri K. Yadaiah, Naik - 974/DR/UBL is hereby charged for his gross misbehaviour and indiscipline act in that:While he was on cash escorting duty of Pay Unit No. 7 with Arms and Ammunition along with cashier Sri M. Mahattma, Sri G.G. Chowdhary and Constable Sri B.R. Beshnur and while camping at Cash Office/GDG during the night of 10/11-4-1995 he pointed out rifle at Sri M. Mahattma, Cashier/Hubli, Sri G.G. Chodhari, ASIPF/DR/UBL when performin...
Jadhav Mohan Singh Vs. Election Tribunal-cum-agency, Divisional Office ...
Court: Andhra Pradesh
Decided on: Aug-25-2006
Reported in: 2006(5)ALD809
ORDERP.S. Narayana, J.1. Heard Sri Sridhar Reddy representing Sri Raghuveer Reddy, the Counsel for the petitioner and the learned A.G.P. for Panchayat Raj representing Respondent No. l and Sri Prabhakar Rao representing Respondent No. 2.2. It is stated that the petitioner pursuant to the election notification issued for conduct of election to the post of Mandal Parishad Territorial Constituency of Hasnapur, Utnoor Mandal, Adilabad District, had contested the election to the post of member of Hasnapur Mandal Parishad Territorial Constituency and the elections to the said post were conducted on 28.6.2006 and the counting was done on 4.7.2006. It is also stated that the petitioner had contested the election on behalf of Telangana Rastra Samithi while the third respondent herein had contested on behalf of Telugu Desam Party and the fourth respondent had contested the election on behalf of Bharatiya Janata Party. It is stated that the second respondent without counting the votes properly, h...
J. Ravi Kumar Vs. Chief General Manager, Hindustan Petroleum Corporati ...
Court: Andhra Pradesh
Decided on: Aug-25-2006
Reported in: 2006(5)ALD539; 2006(5)ALT309
ORDERG. Chandraiah, J.1. Heard both the counsel.2. This writ petition is filed for a writ of Mandamus by calling the records relating to and connected with proceedings dated 29-7-1998 issued by the 1st respondent wherein the petitioner was imposed the penalty of reduction to a lower grade (R.W.3) without reduction in salary for a period of three years with effect from 29-7-1998 as confirmed by the 2nd respondent in proceedings dated 4-5-1999 and declare them as illegal, arbitrary and without any evidence and consequently set them aside and to pass orders as are deemed fit and proper in the circumstances of the case.3. In the affidavit filed in support of the writ petition it is stated that the petitioner was working as Operations Technician in Hindustan Petroleum Corporation Limited, Visakhapatnam (for short 'the Corporation') and the 1st respondent-Chief General Manager, placed him under suspension by order dated 10-1-1998 stating that it was reported that the petitioner has stolen th...
Babulal (Died) Per L.Rs. Vs. Lalchand
Court: Andhra Pradesh
Decided on: Aug-25-2006
Reported in: 2006(6)ALD157; 2006(6)ALT102
ORDERV. Eswaraiah, J.1. The petitioners in both the Civil Revision Petitions are the landlords and the respondent in both the Civil Revision Petitions is the sole tenant of the same landlords. The Rent Control Case Nos. 305 of 1997 and 362 of 1997 filed by the original landlord-Babulal against the tenant on the file of the I-Additional Rent Controller, Hyderabad were disposed of on 27-12-2000, allowing the Rent Control Cases, ordering eviction. Aggrieved by the said orders, the tenant filed Rent Appeal Nos.98 of 2001 and 99 of 2001 on the file of the Additional Chief Judge, City Small Causes Court/Rent Appellate Court, Hyderabad. During the pendency of the appeals, the original landlord Babulal died and his legal representatives were brought on record. The said Rent Appeals were allowed on the same day by orders dated 1-11-2002 and aggrieved by the same, the landlords filed these two Civil Revision Petitions. The parties herein are referred to as they are referred in Rent Control Cases...
State of Andhra Pradesh Vs. Jairaj Ispath Limited and ors.
Court: Andhra Pradesh
Decided on: Aug-25-2006
Reported in: (2007)6VST661(AP)
Bilal Nazki, J.1. All these revisions raise same questions of law and fact and therefore, they are being disposed of together by this common judgment. For facts, we are taking up the matter pertaining to T.R.C. No. 10 of 2000.2. The assessees are manufacturers and sellers of M.S. ingots. They were assessed by the Commercial Tax Officer for different assessment years. The assessees claimed that they were entitled to an exemption of sales tax on ingots as the ingots were manufactured by using iron scrap as raw material which had already suffered tax. This contention was not accepted by the Tribunal. In the alternative, the assessees had contended that they were entitled to set-off in terms of G.O. Ms. No. 1194 Revenue (S) Dept, dated July 17,1984 and G.O. Ms. No. 774, Revenue (S) Dept., dated July 9, 1985 with respect to the tax paid on scrap while purchasing it. This contention was accepted by the Tribunal and therefore, these revisions.3. G.O. Ms. No. 1194, dated July 17, 1984 lays dow...
National Mineral Development Corporation Limited Vs. State of Andhra P ...
Court: Andhra Pradesh
Decided on: Aug-25-2006
Reported in: (2007)8VST252(AP)
ORDERBilal Nazki, J.1. All the revision cases are disposed of by this common order.2. Facts of one of the revisions are taken note of. The facts as narrated by the petitioner, which have led to filing of T. R. C. No. 119 of 1996 are that a memorandum of understanding between the Minister of Industry, Government of Indonesia and the Minister of Steel and Mines, Government of India was signed on March 7, 1979 for import of sponge iron. An agreement dated October 27, 1979 was entered into by the petitioner with M/s. P. T. Krakatav Steel (PTKS) for import of sponge iron for distribution to the mini-steel plants in the country. As a matter of fact, two contracts were entered into by the petitioner, one for import of 30,000 tonnes, an additional quantity of 50,000 tonnes was added and another contract for import of 3,00,000 tonnes. In order to facilitate import of sponge iron, import licence was issued to the petitioner in which it was stated that the imported goods 'shall be distributed by ...
Standard Cafe and Stores Vs. Sheeshmahal Enterprises Pvt. Limited
Court: Andhra Pradesh
Decided on: Aug-24-2006
Reported in: 2006(6)ALD199
V. Eswaraiah, J. 1. The suit O.S. No. 2214 of 1989 filed by the respondent on the file of the Second Senior Civil Judge, City Civil Court, Hyderabad against the appellant M/s.Standard Cafe and Stores for recovery of possession and damages in respect of the premises bearing Nos. 7-1-95/1 and 2, situated at Ameerpet, Hyderabad, described in the schedule of the property consisting of a big hall including kitchen and cycle stand forming part of the premises clearly delineated in the rough sketch plan appended to the plaint in red colour was decreed by the Judgment and decree dated 6-8-1998 as prayed for, directing the appellant herein to deliver the vacant possession of the suit schedule property to the plaintiff within three months from the date of Judgment. The defendant was also directed to pay damages to the plaintiff at the rate of Rs. 6,000/- per month from 1-1- 1989 till the date of delivery of possession for the use and occupation and also pay costs of Rs. 6,293/- to the plaintiff....
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