Andhra Pradesh Court December 2011 Judgments
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V. Padmavathi Vs. Board of Intermediate Education, A.P.,
Court: Andhra Pradesh
Decided on: Dec-30-2011
R. KANTHA RAO, J.ORDER:1. Heard learned counsel appearing for the petitioner and the learned counsel appearing for the first respondent. None appears for the second respondent.2. This writ petition is filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus declaring the action of the first respondent in cancelling the approval of appointment of the petitioner as Junior Lecturer (Commerce) in Sri Magety Guravaiah Junior College, Guntur, as arbitrary, illegal and violative of Articles 14 and 16 of the Constitution of India and consequently to direct the respondents to approve her appointment as Junior Lecturer (Commerce) and continue her as such in an aided post.3. The following are the averments of the writ petition:The petitioner, who secured first class degrees in B.Com., and M.Com., was initially appointed as Junior Lecturer in Commerce in the second respondent junior college basing on the interview conducted in August 1988. Subsequently, she parti...
Vantipalli Veera Venkata Satya Harischan Vs. Surapuraju Ramesh S/O.Nag ...
Court: Andhra Pradesh
Decided on: Dec-30-2011
B.SESHASAYANA REDDY, J.ORDER:1. This Criminal Petition has been taken out under Section 482 Cr.P.C. By sole accused-Vantipalli Veera Venkata Satya Harischandra Prasad in C.C.No.611 of 2004 on the file of III Addl. Judicial Magistrate of First Class, Rajahmundry, East Godavari District, for quashing the proceeding therein.2. Background facts, in a nutshell, are: 1st respondent Surapuraju Ramesh worked in Godavari Grameena Bank from 1988 to May, 2002. His wife G.Vasantha Kumari was employed in Godavari Greemana Bank, Rajahmundry, as clerk-cum-cashier. Whereas, the petitioner was a Manager, Godavari Grameena Bank, Rajahmundry. Smt.G.Vasantha Kumari presented a complaint before the Station House Officer, I Town Police Station (Law & Order), Rajahmundry, on 09.01.2004, alleging, inter alia, that the petitioner herein and one K.Ramana Murthy, Chairman of the Godavari Grameena Bank, Rajahmundry, insulted her and tried to outrage her modesty on 04.01.2004. Basing on the said report, the Statio...
Ms.Plywood Traders, J.N.Road, Hyderabad Vs. State of A.P., Rep. by the ...
Court: Andhra Pradesh
Decided on: Dec-30-2011
ORDER (Per Hon'ble Sri Justice V.V.S.Rao): 1. These two revisions under Section 22(1) of the Andhra Pradesh General Sales Tax Act, 1957 (the Act, for brevity) can be disposed of by common order as they not only arise out of one order passed by the Sales Tax Appellate Tribunal on 13.02.2009 in T.A.Nos.147 of 2003 and 872 of 2004 but also relate to the same dealer. 2. The petitioner - a business firm in plywoods and general goods is a registered dealer on the rolls of the Commercial Tax Officer (CTO), N.S.Road, Hyderabad. For the assessment year 1995-1996 the firm was assessed allowing the rebate of Rs.2,44,961/- as per Section 5(3) read with entry 17 of the VI Schedule. The rebate was with reference to the tax paid by the dealer at the preceding point of sale on plywood. Be that as it is, the assessment was revised by the Deputy Commissioner of Commercial Taxes, Charminar Division, Hyderabad reversing the rebate allowed by the assessing authority. Being aggrieved by the order of the rev...
Commissioner of Income Tax, Visakhapatna Vs. Ms. Andhra Ferro Alloys ( ...
Court: Andhra Pradesh
Decided on: Dec-30-2011
ORDER: (Per Hon'ble Sri Justice B.N. Rao Nalla) 1. The respondent - M/s.Andhra Ferro Alloys, (the assessee) is a private limited company engaged in the business of manufacture and sale of HC Ferro Chrome. During the year 1991-92, the assessee mostly did conversion processing for M/s. TISCO. In fact, from out of the total income of Rs.4,54,52,264/- credited to the profit and loss account, a sum of Rs.3,79,79,687/- was in the nature of conversion charges received from M/s. TISCO, and out of the remaining, Rs.56,57,540/- was from sale of off-grade HC Ferro Chrome which had been produced during the conversion process. The assessee has debited to profit and loss account a sum of Rs.1,67,10,388/- towards 'power consumed'. The said expenditure has been included under the head of 'manufacturing and other expenditure'. On being asked to furnish complete particulars in respect of the said expenditure and also the copies of demands raised by the Andhra Pradesh Electricity Board (for short 'the AP...
Ms.City Tex Private Limited, Vs. the Commercial Tax Officer, Auto Naga ...
Court: Andhra Pradesh
Decided on: Dec-30-2011
ORDER: (Per Hon'ble Sri Justice V.V.S. Rao) 1. The petitioner company is engaged in the business of manufacture of cotton terry toweling fabrics. It is registered on the rolls of the first respondent under the Andhra Pradesh Value Added Tax Act, 2005 (the VAT Act). For the year 2006- 2007, the petitioner filed returns in VAT Form 200 disclosing purchases, sales and input tax credit availed and output tax payable. The petitioner claims that he is entitled for tax refund of Rs.4,09,427/-. The returns under Central Sales Tax Act, 1956 (CST Act) were also filed in CST VI Forms for 2006-07 disclosing export sales of terry towels, taxable at zero rate. They claimed exemption of interstate sales as falling under Entry 45 of I Schedule to the VAT Act. In pursuance of authorization issued by the second respondent, the Deputy Commercial Tax Officer (DCTO), Benz Circle, Vijayawada, conducted audit of the accounts of the petitioner on 20.01.2009 for the periods from 01.04.2006 to 30.11.2008. By or...
Kothalanka Chandra Mouli Vs. the Government of Andhra Pradesh, and 3
Court: Andhra Pradesh
Decided on: Dec-29-2011
G. Rohini, J.1. This Writ Appeal is preferred against the order of the learned Single Judge dated 11.09.2003 in W.P.No.435 of 2002. The appellant herein is the respondent No.4 in the writ petition. The writ petitioner in whose favour the writ petition was decided is the respondent No.4 in this Appeal.2. For the sake of convenience, the parties shall hereinafter be referred to as they were arrayed in the writ petition.Facts in brief:The writ petitioner / respondent No.4 herein is a member of the family of hereditary archaka of Sri Agastheswara Swami Temple (hereinafter referred to as 'the temple') situated at Ramachandrapuram, East Godavari District. The respondent No.4 / appellant herein is the son of one Yerraiah who was appointed long back in the year 1947 as a deputy of the family of the hereditary archaka for the purpose of rendering archakatvam in the said temple. Alleging that Yerraiah resisted to hand over the archakatvam in spite of the repeated requests, one of the family memb...
Chinnaboina Shankar @ Amberpet Shankar Vs. State of Andhra Pradesh, Re ...
Court: Andhra Pradesh
Decided on: Dec-29-2011
G.KRISHNA MOHAN REDDY, J.ORDER:1. This criminal petition is filed under Section 482 Cr.P.C. seeking to quash proceedings in C.C.No.601 of 2009 on the file of the Court of IV Additional Chief Metropolitan Magistrate, Hyderabad, insofar as the petitioner herein is concerned.2. The petitioner herein is the first accused and the respondent herein is the complainant in the said Calendar Case. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed before the trial court.3. The facts in brief are that A.2 in the said Calendar Case worked under A.1 in the year 1991 for supplying single lottery tickets on commission basis. In the year 1998 A.2 accompanied A.1 to Dindigal where double murder had occurred. They went and witnessed the scene of offence. While returning from the scene of offence in that case, A.1 handed over one country made revolver and four live cadridges to A.2 but he did not disclose as to how he secured them. Subsequently the complainant se...
J. Ramulu Vs. Ms. Bharat Petroleum Corporation Ltd.
Court: Andhra Pradesh
Decided on: Dec-28-2011
VILAS V. AFZULPURKAR, J.ORDER:1. On 28.11.2011 I had heard this matter fully and reserved for judgment. Thereafter three other similar matters which came up on different dates were also heard, but the counsel in the latter cases requested time for an elaborate hearing. This writ petition was therefore not disposed of awaiting hearing in the other cases to be completed. However, the learned counsel for the petitioner has moved another writ petition raising similar issue questioning the order passed with respect to other transporters, which affects the same petitioner. In view of that, it was found desirable to dispose of writ petition.2. Petitioner herein is a transport contractor, who deals with petroleum products, states in the affidavit that he has five vehicles at his disposal which are lorry tankers which carry petroleum products. Their numbers are AP 29 T 1685, AP 28 U 6318, AP 28 T 8949, AP 29 T 7974 and AP 10 T 7839. Petitioner has participated in the tenders called for by the r...
V.G.A.Dayasagar and 2 ors. Vs. State of A.P., Rep. by P.P. and Another
Court: Andhra Pradesh
Decided on: Dec-28-2011
G.KRISHNA MOHAN REDDY, J.ORDER:1. This Criminal petition is filed under Section 482 Cr.P.C. seeking to quash proceedings in Crime No.214 of 2008 on the file of Yemmiganur Town Police Station, Kurnool District/the Court of Judicial Magistrate of First Class, Yemmiganur, insofar as the petitioners-A1 to A3 (for short A1 to A3) are concerned. The case is registered for offences punishable under Sections 467, 468, 420 read with Section 34 I.P.C.2. Whereas the petitioners are A1 to A3, the 2nd respondent is the defacto complainant in the criminal case. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the criminal case.3. The facts of the case in brief are as follows:The defacto complainant purchased an extent of Ac.2.67 cents of land in Sy.No.388-B from one Ch.Veeraswamy under a registered sale deed No.1195 dated 13.06.1978 and thus acquired absolute rights over the said property. Dhanunjaya (A-2) and his brothers are interfering with his right...
Kundarapu Krishna, So. Yadagiri, Aged Vs. 1. the State of A.P., Rep. b ...
Court: Andhra Pradesh
Decided on: Dec-28-2011
G. KRISHNA MOHAN REDDY, J.ORDER:1. This Criminal Petition is filed by the petitioner/accused No.5 (For short, 'A-5') under Section 482 of Cr.P.C. seeking to quash proceedings in Crime No.141 of 2009, pending on the file of Sangem police station, Warangal district, registered for offence punishable under Section 34 (a) of the A.P. Excise Act, 1968 (For short, 'The Act').2. Whereas the petitioner is A-5, the respondent No.2 is the complainant in the Criminal Case. For the sake of convenience, I refer the parties as arrayed in the Criminal Case from now onwards.3. The case of the prosecution in brief is as follows : On 20-08-2009 as per the instructions of Excise Circle Inspector, Mamnur the complainant along with P.C. Nos.1558 and 2040 conducted patrolling at Thimmapur village, having got reliable information that A-1 to A-4 were selling liquor purchased from A-5 at their kirana shops without any license and valid permission, surprised the house/kirana shop of A-5 and found Indian Made F...
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