Andhra Pradesh Court December 2007 Judgments
Koona Ramakrishna Reddy and ors. Vs. the State of A.P. Rep. by the Pub ...
Court: Andhra Pradesh
Decided on: Dec-31-2007
Reported in: 2008(1)ALD(Cri)677; 2008(2)ALT(Cri)4; 2008CriLJ2918
L. Narasimha Reddy, J.1. The appellant herein were tried by the Sessions Court, Anantapur, on the charges that they committed the murder of one Pedavannuru, on 16-03-1998 and caused injuries to some persons. They were committed for the offences under Sections 304 Part-II read with Section 149 I.P.C., and 148 IPC, in S.C. No. 15 of 2000. They were sentenced to undergo rigorous imprisonment for seven years each, for the offence under Section 304 Part-II, read with 149 IPC. For the offence under Section 148 IPC, sentence of rigorous imprisonment for two years each was imposed. In addition, appellants 3 and 8 were convicted, for the offence under Section 324 IPC, and were sentenced to undergo rigorous imprisonment for two years each. The sentences were directed to run concurrently.2. While Criminal Appeal No. 1347 of 2004 is filed by the accused against the convictions and sentences imposed against them, Criminal Appeal No. 1165 of 2005 is filed by the State, challenging the acquittal of t...
Tag this Judgment!Dr. P. Sitapati Rao S/O. P. Hanumantha Rao Vs. Institution of Lokayukt ...
Court: Andhra Pradesh
Decided on: Dec-31-2007
Reported in: 2008(3)ALD451; 2008(2)ALT309
ORDERRamesh Ranganathan, J.1. Dr. P. Sitapati Rao, hitherto the Additional Director General (Irrigation), National Academy of Construction and Ex-officio Advisor, Irrigation & Command Area Development Department of the Government of A.P. has filed these two writ petitions. In W.P. No. 5563 of 2007, the order of the Honourable Lokayukta dated 05.03.2007 in holding him to be a 'pubicjservant', both under Section 2(k)(iii) and 2(k)(V)(4) of the A.P. Lok Ayukta and Upa-Lok Ayukta Act, 1983, (hereinafter referred to as Act 11 of 1983), and as amenable to the jurisdiction of the Lokayukta, is under challenge. In W.P. No. 13933 of 2007, the provisions of Section 10 of the A.P. Lokayukta and Upa Lokayukta Act, 1983, (hereinafter referred to as 'Act 11 of 1983'), is under challenge, in so far as it empowered the Lokayukta to suo motu conduct an investigation and to adjudicate issues, as ultravires Article 14 of the Constitution of India. The petitioner also seeks to have the order passed by the...
Tag this Judgment!M.V.V. Satyanarayana Vs. Engineer-in-chief (R and B) and anr.
Court: Andhra Pradesh
Decided on: Dec-31-2007
Reported in: 2008(1)ALT715; 2008(2)CTLJ207(AP)
ORDERC.V. Nagarjuna Reddy, J.1. The action of respondent No. 2 in rejecting the technical bids of the petitioner pertaining to the works covered by two tender notifications (for short 'NITs') concerning the works of widening of High Level Bridge to 8 lane carriage way across Musi river at KM 2/0 to 2/2 of Inner Ring Road (Nagole Bridge) including approaches right-side and left-side in Ranga Reddy district is questioned in this writ petition.2. The petitioner is a registered Special Class Contractor and he is admittedly eligible to file his tenders in respect of the works in question. The High Level Bridge as described above is divided into two works and NITs were issued separately for the work of widening of bridge on right-side (for short 'right-side work') vide Tender No.38539/E-In-C(R&B;)/EE(TEC)/TA12/AEE5/07/01 dated 06.10.2007 for an estimated contracted value of Rs. 2,66,57,986/-and for the work of widening of bridge on left-side (for short 'leftside work') vide Tender No. 38539/...
Tag this Judgment!M.S. Raju Vs. Deputy Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Dec-31-2007
Reported in: (2008)216CTR(AP)203; [2008]298ITR373(AP)
Ramesh Ranganathan, J.1. I.T.T.A. No. 74 of 2007 is filed against the order of the Income-tax Appellate Tribunal, Hyderabad, in I.T.A. No. 1169/Hyd/2004 (assessment year 2001-02) dated May 25, 2006, under Section 260A of the Income-tax Act, 1961. W.P. No. 3647 of 2007 is filed by the appellant in the I.T.T.A. aggrieved by the order dated December 29, 2006, passed by the Commissioner of Income-tax, Hyderabad, under Section 264 of the Income-tax Act, 1961, for the assessment year 2002-03. The appellant in I.T.T.A. No. 74 of 2007, who is the petitioner in W.P. No. 3647 of 2007, shall hereinafter be referred to as the assessee.2. During the previous year relevant to the assessment year 2001-02, the assessee, a film producer, entered into a lease agreement with M/s. Asian Films on December 30, 2000, for releasing a Telugu feature film by name 'Devi Putrudu' for a sum of Rs. 3.37 crores. The entire amount was received by the assessee before March 31, 2001. However, in his profit and loss acc...
Tag this Judgment!Penchalapati Anakampali Hanumantha Reddy and ors. Vs. P. Sanjeeva Redd ...
Court: Andhra Pradesh
Decided on: Dec-31-2007
Reported in: 2008(3)ALD539; 2008(2)ALT109
ORDERA. Gopal Reddy, J.1. The respondents in the main appeal filed ASMP No. 424/2006 to recall the order passed in A.S. No. 2594/2003 and ASMP No. 2243 to 2246/2005, CMP No. 22203/ 2003 and ASMP Nos. 548/2005 to 550/2005 dt. 8-11-2005. Later, the respondents filed ASMP No. 218/2007 to convert the recall petition in ASMP No. 424/2006 into review petition as per the ratio laid down by this Court in Anita v. R. Rambilas AIR 2003 A.P. 32. Whereas appellants in the main appeal filed ASMP No. 1000/2006 under Section 148 r/w 151 CPC for enlarging the time to comply with the terms of the compromise decree passed in ASMP No. 2243/2005 in AS No. 2594/2003 dt. 8-11-2005.2. The facts in nutshell giving rise to all these petitions are as under:The appellants who are defendants in OS No. 7/2000 on the file of Senior Civil Judge, Gooty filed the present appeal challenging the judgment and decree passed dated 23-6-2003 whereunder the suit filed by the plaintiffs for declaration of title over items 1 a...
Tag this Judgment!C.K. Pounamma and ors. Vs. K. Chinnaswami
Court: Andhra Pradesh
Decided on: Dec-31-2007
Reported in: 2008(2)ALD300; 2008(2)ALT31
ORDERG. Yethirajulu, J.1. This Civil Revision Petition has been preferred by the petitioners in A.T.C. No. 2 of 1982 on the file of the Principal District Munsif-cum-Special Officer, Chittoor under Section 13 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (for short 'the Act') for termination of the tenancy arising out of the lease agreement dated 11.03.1976 and for eviction of the respondent from the petition schedule land and put the petitioners in possession of the same. The Special Officer after considering the entire oral and documentary evidence dismissed the application by refusing to grant the relief in favour of the petitioners, through the order dated 31.08.1996. Being aggrieved by the same, the petitioners preferred A.T.A. No. 1 of 1998 before the District Judge, Chittoor (hereinafter called as 'the appellate Tribunal') and the appellate Tribunal after considering the material available on record dismissed the appeal confirming the order of the Special Officer, throug...
Tag this Judgment!Sree Rayalaseema Alkalies and Allied Chemicals Limited Vs. State of An ...
Court: Andhra Pradesh
Decided on: Dec-31-2007
Reported in: (2008)13VST15(AP)
ORDERNooty Ramamohana Rao, J.1. Constitutional validity of Sections 3 and 4 of the Andhra Pradesh Tax on Entry of Goods into Local Areas Act of 2001, together with the notifications issued thereunder, has been questioned in this batch of cases.2. The State of Andhra Pradesh enacted the Andhra Pradesh Tax on Entry of Goods into Local Areas Act of 2001 ; Act No. 39 of 2001 (henceforth referred to as 'the Entry Tax Act' for brevity). Section 3 of the Entry Tax Act is the charging provision, which enabled the levy and collection of tax on the entry of notified goods into any local area for sale, consumption or use therein. This levy of entry tax is characterised as unconstitutional principally for the reason that it is discriminatory and it also impedes and restricts the free movement of trade and commerce, guaranteed across the Federal Polity under Article 301 of our Constitution and for that reason also it is bad. It is further contended that the Presidential consent, which is so essenti...
Tag this Judgment!Sashi Agro Food (P) Ltd. Vs. Andhra Bank, Ssi Branch and anr.
Court: Andhra Pradesh
Decided on: Dec-31-2007
Reported in: 2008(2)ALD536; 2008(4)ALT503; IV(2008)BC298
ORDERP.S. Narayana, J.1. Heard Sri S. Rajan, learned Counsel representing the writ petitioner, Sri Dr. K. Lakshmi Narasimha, learned Counsel representing the 1st respondent and Sri S. Niranjan Reddy, learned Counsel representing the 2nd respondent.2. On 31.7.2007, this Court made the following order:Heard the learned Counsel for the petitioner. There is no representation for the respondents. Post on 2.8.2007 in the Motion List. Till then, there shall be a direction to the respondents not to take any coercive steps against the petitioner pursuant to the impugned order.Subsequent thereto, a counter-affidavit was filed on behalf of the respondents and the interim order granted is being extended from time to time.3. This Court issued Rule Nisi on 25.10.2007.4. The writ petition is filed for a writ of mandamus or any other appropriate writ declaring the action of the 2nd respondent in resorting to action under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enfor...
Tag this Judgment!Pasha Educational Training Institute Vs. C.C. and C.E., Service Tax Ce ...
Court: Andhra Pradesh
Decided on: Dec-31-2007
Reported in: 2008[10]STR434
ORDERT. Meena Kumari, J.1. Seeking a writ of mandamus directing the Customs, Central Excise and Service Tax Appellate Tribunal, Bangalore, to dispose of the appeal filed by the petitioner against the order dated 31-8-2007 in Appeal No. 35 of 2007 (H.H) Service Tax by the first respondent expeditiously, the petitioner filed this writ petition.2. The petitioner is a charitable educational trust formed with the object of imparting training/coaching in various educational fields and they are not commercial in nature. In furtherance of such object, it established Pasha Institute of Insurance & Management Training, Pasha Institute of Healthcare, Pasha Institute of Media Studies, Pasha Institute of Performing Arts and A.P.M. Kindergarten School. The petitioner is exempted from payment of income tax.3. While so, the petitioner received a notice dated 23-1-2006 from the Joint Commissioner, Customs and Central Excise, Hyderabad - II requiring the petitioner to register itself with the Service Ta...
Tag this Judgment!K. Marappan Vs. Superintending Engineer and anr.
Court: Andhra Pradesh
Decided on: Dec-31-2007
Reported in: 2008(4)ALD148; 2008(5)ALT699
B. Prakash Rao, J.1. Since parties are common and the questions that arise are also common, though falling under three different transactions, as arise under common judgment, these matters are being taken up together for disposal.2. Heard Sri N. Subba Reddy, learned Senior Counsel appearing on behalf of the Superintending Engineer of the State and Sri B. Adinarayana Rao, the learned Counsel appearing for the respondent for the Contractor-claimant.3. All these appeals and revisions are at the instance of both the sides namely the concerned Superintending Engineer and the Contractor, aggrieved against the common judgment in OP Nos. 118, 119, 120 of 1988, O.S. Nos. 165, 167 and 169 of 1988. In the appeals in CMA Nos. 479, 93, 94, 480, 481 and 95 of 1990 arise out of the applications filed in Section 30 of the Arbitration Act seeking to set-aside the awards passed in O.P. Nos. 118/88, 119/88 and 120/88. Whereas the revisions filed under Article 227 of the Constitution of India in CRP Nos. ...
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