Court : Andhra Pradesh
Reported in : (2001)3UPLBEC2669
M.S. Liberhan, C.J.1. In these appeals the common questions of fact and law have been raised.2. The State having decided locations for establishment of Medical Colleges and Dental Colleges, constituted a committee headed by a sitting Judge of this Court with the other members i.e., the Director of Nizam's Institute of Medical Sciences and the Vice-Chancellor of NTR University of Health Sciences. The Committee was required to examine the applications in detail in accordance with the procedure provided and required to be followed.3. The learned Single Judge found that the function of the Committee is part of quasi-judicial or executive functions of the State. The High Court Judge ought not to associate and function as head of such Committee in view of the doctrine of separation of powers enshrined in Article 50 and further that it is not desirable for a sitting Judge to take part in the process of recommending eligible applicants for grant of essentiality certificate. Participation of th...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2006AP111; 2006(1)ALT728
ORDERC.V. Ramulu, J.1. This Civil Revision Petition under Article 227 of the Constitution of India is directed against an Order dated 4-10-2004 made in O.S.No. 17 of 2000 on the file of the learned Senior Civil Judge, Suryapet.2. The petitioner is the defendant and the respondent is the plaintiff in the above suit, which was laid seeking declaration of title and for recovery of possession of the suit schedule house and also for cancellation of the decree passed in O.S.No. 654 of 1980 on the file of the learned District Munsif, Suryapet. During the course of evidence, the petitioner defendant wanted to mark a simple agreement executed on stamp paper worth Rs. 5.50 ps. and also the decree passed in O.S.No. 654 of 1980. At that time, the respondent plaintiff raised an objection that agreement requires stamp duty, penalty and also registration in view of the nature of the recitals therein and the Civil Court decree also requires registration. In support of his contention, the plaintiff rel...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1997AP85; 1996(4)ALT334
ORDERY. Bhaskar Rao, J.1. These writ petitions questioning the assessment under Section 3, the demand raised under Section 4 and the amendment to the Schedule to the Andhra Pradesh Non-Agricultural Lands Assessment Act, 1963 (for short 'the NALA Act') at the first instance came up before a Division Bench of this Court consisting of Syed Shah Mohammed Quadri, J. and G. Bikshapathi, J. The main contentions raised before, the said Division Bench by the petitioners are that amendments to Section 2(d), Section 8 and to the Schedule to the NALA Act are unconstitutional, that the enhanced rate of assessment is arbitrary, excessive and confiscatory in nature and that since vacant non-agricultural lands are being assessed, the decision of the Full Bench of this Court in S.V. Cement Ltd. v. R.D.O. Nandyal : 1993(2)ALT32 (FB) requires reconsideration. The Division Bench holding that the decision of the Full Bench in S.V. Cement's case (supra) requires reconsideration in view of the observations o...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALD136; 1997(6)ALT548
ORDERB. Subhashan Reddy, J.1. Whether women-reservation can be provided in the matter of allotment of fair-price shops and if so what should be the extent of such reservation and as to whether the said reservation can be 100% - are the vital questions for consideration in this batch of writ petitions.2. Fair price shops have been set-up by promulgating an order titled 'Andhra Pradesh Scheduled Commodities (Regulation and Distribution by Card System) Order, 1973 in exercise of the powers contained under Section 3 of the Essential Commodities Act, 1955. At the inception, no reservation was stipulated, but preference was being given to the Co-operative Societies to run the fair-price shops. Class reservations grouped on caste basis were introduced in the year 1987 for Scheduled Castes and Scheduled Tribes at 15% and 6% respectively. 3% reservation was also provided to physically handicapped. Coming to 1988, there was a little change in the policy because of acute unemployment problem for ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1967AP87
Jaganmohan Reddy, J (1) This stamp reference by the office has been referred to us by our learned brother, Venkatesam, J., as the question is raised not only in this Court but is likely to be raised in all subordinate Courts almost in every case and is therefore, an important matter to be decided by a Bench. The simple question is whether by reason of the Andhra Pradesh Act 26 of 1965, notwithstanding the deletion of the exemptions from stamp duty in Art. 4 of the Indian Stamp Act (II of 1899) (hereinafter called 'the Act'), affidavits mentioned in Exemption (b), which are made for the immediate purpose of being the officer of any Court,' are chargeable to stamp duty having regard to the definition of 'instrument' in Section 2(14) of the Act. As this question affects the revenue of the State, notice was given to the Advocate-General and the Government Pleader, and we have had the benefit of their arguments.(2) The main contention of Mr. Kuppuswamy is that affidavits which do not come u...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP403; 1996(1)ALT760
ORDERP. S. Mishra, C.J.1. These writ petitions are off-shoots of the judgment of a Full Bench of this Court in Government of Andhra Pradesh v. Y. S. Vivekananda Reddy, : AIR1995AP1 .2. Undisputed facts are as follows: The Government of Andhra Pradesh by G.O.Ms. No. 27, Industries and Commerce (Mines. III) Department, dated 7-1-1974 declared that the Barytes Ore bearing areas in the villages of Mangampet and Anantaraju-pet of Cuddapah District other than those already leased out were reserved for exploitation in the public sector with immediate effect and granted in favour of Andhra Pradesh Mining Corporation, a public sector undertaking, the lease in respect of 22.799 hectares of land for extraction of Barytes Ore for a period of 20 years. This was followed by a tripartite agreement dated 25-5-1975 between the State Government, the Corporation and the Pattedars of the lands (writ petitioners), in whom the surface rights were vested and pursuant to the agreement the Corporation' execute...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(4)ALD170; 1999(4)ALT161
ORDERB. Subhashan Reddy, J.1. Inwhat is called as Yeleru Scam, the Government of Andhra Pradesh had appointed the Commission first headed by Justice S.R Nayak, a sitting Judge of this Court by G.O. Ms. No.83, Revenue Department, dated 5-2-1997. As Justice S.R. Nayak had resigned, the Government had reconstituted the Commission with Justice B.K. Somasekhara vide G.O. Ms. No.468, Revenue (LA) Department, dated 2-6-1997.2. The petitioner is a practising advocate at Visakhapatnam and had appeared in land acquisition cases pertaining to which the above Commission was constituted. He has questioned the said Constitution of the Commission. Firstly, he had moved the Supreme Court by filing WP(Crl.) 99 of 1998, but it is stated that the Supreme Court had opined that the petitioner had to first approach this Court and as such, the petitioner had withdrawn the writ petition and by order dated 15-5-1998, the Supreme Court had dismissed the writ petition as withdrawn observing 'leaving it open to t...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALD642; 1999(5)ALT186
1. These two appeals arise out of the judgments and decrees passed by the learned Additional Subordinate Judge, Tirupathi, dated 31-08-1988 passed in OS No. 173 of 1984 and 207 of 1984 respectively.2. One Mr. W.S. Sitaram, the Power of Attorney holder and the agent of the plaintiffs in the above suits filed and prosecuted the suits as against M/s Sri Laxmi Paradise (Leela Mahal), a partnership concern, and its partners the common defendants. The plaintiffs are the money lenders at Madras. The defendants for the purpose of construction of the 1st defendant theatre approached the plaintiffs on 9-11-1981 for a loan at Madras. The plaintiffs ultimately agreed to advance loans on short term basis on Hundis with interest at 2.5% per month as per the custom of lending loans at Madras. The defendantshad borrowed various amounts on various dates under different Hundis. The 2nd defendant on behalf of the firm deposited the title deeds with the plaintiffs and created an equitable mortgage in favo...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD609; 2000(6)ALT305
ORDERM.S. Liberhan, CJ 1. In these appeals the common question of fact and law have been raised. 2. The State having decided locations for establishment of medical colleges and dental colleges, constituted a committee headed by a sitting Judge of this Court with the other members i.e., the Director of Nizams Institute of Medical Sciences and the Vice-Chancellor of NTR University of Health Sciences. The committee was required to examine the applications in detail in accordance with the procedure provided and required to be followed. 3. The learned single Judge found that the function of the committee is part ofquasi-judicial or executive functions of the State. The High Court Judge ought not to associate and function as head of such committee in view of the doctrine of separation of powers enshrined in Article 50 and further that it is not desirable for a sitting Judge to take part in the process of recommending eligible applicants for grant of essentiality certificate. Participation of...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD829
S.B. Sinha, C.J. 1. The validity of G.O. Ms. No. 398, Education (TRG.I) Department, dated 4-1 2-1997 is in question in this writ petition. 2. The question in this writ petition arises out of the following facts: The petitioner is a society registered under the Societies Registration Act for the purpose of imparting education particularly in Karimnagar District. It, with a view to establish a college of Teacher Education and Training in Karimnagar Division, made necessary application in terms of relevant rules and also G.O. Ms. No. 398, dated 4-12-1997 for issuance of No Objection Certificate. The State Level Standing Committee got the land of the petitioner-society inspected by the District Collector, Karimnagar to ascertain the suitability for construction of B.Ed., College. As the third respondent did not place the matter before the State Level Standing Committee, the petitioner filed Writ Petition No. 16357 of 1999 and this Court by reason of an order dated 12-8-1999 directed the th...
Tag this Judgment!