Court : Andhra Pradesh
Reported in : [2002]110CompCas193(AP)
B.S.A. Swamy, J.1. To my mind if the parties adopted a give and take policy, the issue would have been amicably settled by the well wishers of both the parties. As the second respondent is adamant and not heeding the advice of well-wishers and the judicial forums as well, the parties are in the courts for nearly a decade wasting the precious time of the court. Even in this court the respondents did not heed the advice given to them and invited judgment on the merits.2. To put forth their case both the parties engaged counsel from Madras and arguments in these appeals were heard for nearly three weeks.3. Before considering the merits of the case, I feel it appropriate to refer to certain observations made by Honourable Justice Chinnappa Reddy exposing how corporate giants rush to courts and how they are converting the courtrooms as their battle ground and fight under the attractive banners of fair play and public interest. While considering the conduct of the board of directors in Life ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD582; 2001(6)ALT433
V.V.S. Rao, J.1. The petitioner is a statewide Association. It is registered and established under the Societies Registration Act, 1860 with the object of safeguarding the rights of the persons belonging to Scheduled Tribes and espouse their cause in regard to their employment. Complaining fraud and misrepresentation the association filed this writ petition praying for a writ of or in the nature of Mandamus, holding that the appointment of the first respondent herein to the post of District and Sessions Judge, is void, unconstitutional, and also for a prayer to set aside the same.2. When the writ petition was listed before this Full Bench on 27-3-2001, it was brought to our notice that the first respondent filed W.P No. 18031 of 1999 questioning a show cause notice dated 16-8-1999, issued by the Mandal Revenue Officer, Parvathipuram (MRO), calling upon him to show cause as to why his application forissuance of Caste Certificate to his children and other family members as belonging to '...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD639
S.B. Sinha, C.J.1. All these writ appeals arising out of the common judgment and order of the learned single Judge in WP Nos. 23773 and 33741 of 1998 and 9481 of 1999 were taken up for hearing together and are being disposed of by this common judgmentFACTS:M/s. Mc Dowell and Company Limited is the petitioner in the aforementioned writ petitions. For convenience sake the parties will be referred to by their status in the writ petitions. The petitioner is a public limited company registered under the Companies Act, 1956 having its registered office at Chennai. It is a part of UB Group of Companies engaged in engineering, Tourism, brewerages etc. M/s. Hindustan Polymers Limited, Visakhapanatam is a company engaged in the manufacture of polystyrene, Styrene monomer etc. The said company was declared as a surplus landholder under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act') under Visakhapatnam agglomeration to the extent of 76.9585 hectares of la...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(3)ALT134
S.B. Sinha, C.J.QUESTION:1. The question, which arises for consideration in this application, is as to whether the Parliament has the legislative competence to enact the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (hereinafter referred to as '1993 Act') in terms of Entry 97 to List I of the VII Schedule to the Constitution of India.FACTS:2. The fact of the matter may, however, be noticed from W.P.No. 10179 of 2001. The Andhra Pradesh TRANSCO (hereinafter referred to as 'the writ petitioner') has in these applications prayed to declare the 1993 Act as unconstitutional and invalid.3. By reason of the provisions of the Electricity Reform Act, 1998, the State Electricity Board was bifurcated into A.P. Power General (sic. Generation) Corporation Limited (for short GENCO) and A.P. Transmission Corporation Limited (for short TRANSCO). GENCO was to look after the task of generation of electricity, whereas Transco was obligated to see the transmis...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(3)ALD735
ORDER1. The writ petition is filed for a Writ of Mandamus declaring the Memo No. 2001/D3/ADB/ASC/01-02/1042, dated 15.9.2001 issued by the respondent No.2 as illegal and null and void, without jurisdiction and contrary to the proceedings issued by the respondent No.1 in D.O. Lr. No.503/T2/201, dated 5.9.2001 and also the provisions of the Municipality Act and direct the respondents 2 and 3 to consult with the Bhainsa Municipality to formulate the proposals for additional grants for drinking water works and to pass such suitable orders.2. Though the respective pleadings of the parties are lengthy and elaborate, the short question that is raised by the writ petitioner is the interference of the State Government in the affairs of the Municipality in spending the amounts which had been allotted to the concerned Municipality.3. The facts in brief which will be essential for the purpose of disposal of this writ petition are as follows:It is stated that the writ petitioner is the Chair Person...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002AIHC4073
B.S.A. Swamy, J.1. These two appeals involving commonquestions of law and facts arise out of a common judgment passed by a learnedsingle Judge of this Court and they can be disposed of by a common judgment.2. The parties herein are referred toas they are arrayed in the suits for the sake of convenience.3. In these two appeals, this Courtis called upon to decide the effect of deletion of Section 47 of the AndhraPradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (Act No. XXIof 1950) - hereinafter referred to as 'the Tenancy Act'. The main issueto be decided in these appeals is whether both the suits (O.S.Nos.1001 of 1978and 1174 of 1981) filed by the plaintiffs are liable to be dismissed as thesuit transaction is hit by Section 47 of the Tenancy Act.FACTUAL BACKGROUND:4. The defendant in both the suits,Mohd. Qutubuddin filed O.S.No.38 of 1963 on the file of the Munsif Magistrate(West), Hyderabad against Syed Basharat Ahmed and his wife Smt. UmmatulBasheera Begum for perman...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD380; 2002(6)ALT468
B. Sudershan Reddy, J.1. Heard the learned Counsel for the petitioner and the learned Government Pleader for Services-I and at their request, the matter is taken up for final disposal at the stage of admission.2. Rule Nisi. 3. The petitioner herein invokes the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India challenging the legality of the order dated 2.8.2002 made in O.A. No. 3320 of 2002 by the Andhra Pradesh Administrative Tribunal whereunder the Tribunal refused to grant any relief whatsoever to the petitioner herein. The said Original Application is filed by the petitioner herein challenging the action of the third respondent herein in not permitting him to attend basic training of Police Constable as arbitrary and illegal.4. Before adverting to the question as to whether the petitioner is entitled for any relief in this Writ Petition, it may be necessary to briefly notice the relevant facts leading to filing of this writ petition.5. The firs...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(5)ALD516; 2003(4)ALT177
B. Sudershan Reddy, J.1. The constitutional validity of Section 12-A of the A.P. Co-operative Societies Act, 1964 (for short 'the Act') is the primary issue in these cases.2. The petitioners are aggrieved by the action of respondents in proposing to transfer the assets of the Co-operative Sugar Factories in favour of private individuals on the ground that they have become sick and there is no possibility of rehabilitating the same.3. In W.P. No. 11937 of 2002, the first petitioner is the Anakapalle Co-operative Sugar Limited itself, represented by its Chairman. In all other writ petitions, the petitioners are the members and shareholders in Co-operative Sugar Factories.4. India is one of the largest producers of sugar and is in fierce competition with Brazil for the first position. The country shares about 13.25% of the world's sugar production and 41.11% of the sugar production in Asia. It contributes 2% to the National Gross Domestic Product and employs over and above forty million c...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(4)ALD758; 2003(2)ALT610; (2003)184CTR(AP)596; [2003]262ITR306(AP)
ORDERB. Sudershan Reddy, J. 1. These R.Cs., may be disposed of by a common order, since the question referred for the opinion of this Court is common in all theses cases.2. The Income Tax Appellate Tribunal, Hyderabad Bench referred the following question, said to be a question of law, for the opinion of this Court:'Whether on the facts and in the circumstances of the case, the Tribunal was correct in law in allowing the exemption under Section 5(1)(xii) of the Wealth Tax Act in respect of 7 items of jewellery claimed to represent art treasures?'3. In this batch of cases, we are concerned only with the said question.4. In order to express our opinion, it is just and necessary to notice the relevant facts:The issue relates to the assessment years 1980-81 to 1986-87. 5. His Exalted Highness, the late Nb. Sir Mir Osman Ali Khan Bahadur, created 'HEH the Nizam's Jewellery Trust' by the Indenture dated 29-3-1951. The said Settlor specified the names of the beneficiaries, their respective sh...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP60; 2003(3)ALD762
B.S.A. Swamy, J. 1. Petitioners in Writ Petition Nos. 4770 and 4771 of 2002 are the appellants in CMA Nos. 1351 and 1356 of 2001. These petitioners along with the appellants in other CMAs have established power generation units in private sector from time to time, both conventional and non-conventional, pursuant to the policy of the Central Government to encourage greater investments by private enterprises in power sector formulated in the year 1991 and in allowing private participation in generation, distribution, renovation and modernization of the power projects in its quest for increasing availability of electricity since the per capital electricity consumption in the country happened to be the lowest and to bridge the gap between demand and supply and entered into agreements with the then A.P. State Electricity Board the predecessor-in-interest to the 2nd respondent A.P. TRANSCO with the approval of the State Government for transmission of the energy generated by them to their con...
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