Court : Andhra Pradesh
Decided on : Nov-21-2005
Reported in : 2006(1)ALD749; [2007]137CompCas815(AP); [2006]68SCL462(AP)
ORDERB. Seshasayana Reddy, J.1. This writ petition has been filed by the petitioners, who are five in number, with a prayer to call for the file of Union of India represented by the Secretary to Government, Department of Revenue, Ministry of Finance and Company Affairs, New Delhi-1st respondent in SO 308(E), dated 20.3.2003 and the consequential proceedings issued by the Commissioner of Customs, Custom House, Chennai-3rd respondent in File Nos.T-4/3-M/95/SCN(1), T-4/3-M/95-SCN-II, T-4/4-M/95-SCN-1, and T-4/4-M/95-SCN-II/Comr/Exp/Enf/15/ 2003 dated 20-8-2004 and declare the same to be illegal, arbitrary and without jurisdiction.2. The Director of Directorate of Enforcement, New Delhi-2nd respondent registered cases against the petitioners for contravention of Sections 9(1)(a), 9(1)(b), 9(1)(d), 9(3) and 64(2) of Foreign Exchange Regulation Act, 1973 (hereinafter called as FERA). Show-cause notices to the petitioners were issued on 22.2.1995 followed by call notices on various dates and ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-09-2005
Reported in : 2006(1)ALT516
..... have approached this court, for a direction that the action of the respondents is illegal and also for further direction to the respondents to initiate the land acquisition proceedings for acquisition of the said lands and to pay compensation.this matter came up for hearing on 25-6-1999 and the learned government pleader for panchayat raj department took ..... any counter. the respondents have laid a road on the petitioners' private land and therefore, the respondents are under an obligation to initiate the proceedings under the land acquisition act to acquire the same and pay compensation. otherwise, the respondents have no right over the private lands of the petitioners to lay a road. it is stated ..... against the order in w.p.no. 12815/99 dated 27-12-1999.no doubt, in w.p.no. 12815/99, direction was given to initiate land acquisition proceedings. it is needless to say that these writ appeals cannot be disposed of at this stage on merits for the reason that the appeal preferred by the government .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-27-2005
Reported in : 2005(2)ALD704; 2005(3)ALT190; [2005]142STC551(AP)
S. Ananda Reddy, J.1. These writ petitions are filed by the dealers registered under the provisions of the Andhra Pradesh General Sales Tax Act, 1957 carrying on various businesses, assailing the action of the Vigilance Wing of the Sales Tax Department, and praying for the issue of writ of mandamus declaring such action of collecting the tax as well as the compounding fee, without framing necessary assessments determining the tax liability or passing Orders, coercing the dealers for compounding the alleged offence and collecting the compounding fee on the day of inspection either through payment of cash or through post dated cheques, as illegal, and contrary to the provisions of law as well as the judgments rendered by this Court, and consequently sought for a direction to the respondents to refund the amounts collected from the dealers with interest.2. According to the learned Counsel for the petitioners the modus operendi adopted by the department, especially by the Intelligence Wing...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-05-2005
Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)
..... financial assistance granted by any bank or financial institution and includes a person who becomes borrower of a securitisation company or reconstruction company consequent upon acquisition by it of nay rights or interest of any bank or financial institution in relation to such financial assistance.(i) 'debts recovery tribunal' means ..... c. cooper v. union of india, : [1970]3scr530 the supreme court was required to consider the challenge to the validity of the banking companies (acquisition and transfer of undertakings) act, 1969. the petitioners challenged the legislation inter alia on the ground that while the parliament had legislative competence in respect of ..... financial assistance granted by any bank or financial institution and includes a person who becomes borrower of a securitisation company or reconstruction company consequent upon acquisition by it of any rights or interest of any bank or financial institution in relation to such financial assistance. [section 2(f)].27. detailed .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-20-2005
Reported in : AIR2005AP199; 2005(2)ALD320
..... / 96 dated 19-6-1996.on 8-8-1996, while contractor's labour were working at bridge no. 501 at km.283/4.5, an accident took place when the passenger train no. 554, from dronachellam to kurnool town hit two of the labourers namely smt. parvathamma and smt. h. chandramma. both the injured worker were immediately rushed to the government .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-23-2005
Reported in : AIR2006AP150; 2006(3)ALD73
..... by the house of the late gunda seetaiah.and i am in exclusive and unencumbered possession of the said house and it was purchased by me out of my self-acquisitions, unaided by any family nucleus.the donee no. 1 who is related to me as my sister's son was adopted by me about 7 or 8 years ago with ..... after his death in 1976 as his heirs the defendants are continuing in possession of the suit house as full and absolute owners uninterrupted and exercise all rights of owner ship and collecting rents paying taxes water and electricity consumption charges effecting repairs and letting the portions in it to tenants.it is further submitted that the defendant no. 3 who .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-25-2005
Reported in : 2006(2)ALT650
..... any one of the interested person.24. admittedly, the suits are filed by the complainants, which are pending adjudication. unless (sic. if) the same are adjudicated and decided that the acquisition made by the petitioner is in contravention of the provisions of the regulations, then only they are liable to be convicted. when the matter is already pending adjudication, before the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-07-2005
Reported in : 2006(1)ALD823; 2006(1)ALT661; (2006)IILLJ448AP; 2007(1)SLJ459(NULL)
ORDERJ. Chelameswar, J.I had the advantage of going through the judgments rendered by both my learned brothers. Both of them arrived at the same conclusion, but for slightly different reasons.I agree with the conclusion reached.P.S. Narayana, J.1. I prefer to add a couple of sentences of my own while agreeing with the conclusion of my learned brother. The importance of a disciplinary enquiry or departmental enquiry in Service Jurisprudence need not be overemphasized. In view of the importance of the question involved in the present matter, the Division Bench thought it fit to refer the matter thus inviting a decision on the said point. The learned Counsel on record made elaborate submissions in relation to the language employed in Rule 19 of the A. P. Civil Services (Classification, Control and Appeal) Rules, 1963, and Rule 20 of the amended Rules of 1991. Certain submissions were made even in relation to the meaning of 'cause to be drawn' and also incidentally Rule 21 of the 1991 Rule...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-18-2005
Reported in : 2005(3)ALD220; 2005(3)ALT757
..... temporarily, to pass otherwise any orders to comply with, if he holds that it is necessary to prevent a loss, a damage, a fear, or a trouble of the passengers or the persons residing in the vicinity, or to prevent any disturbance, or for the establishment of the public peace. the proprietor of a public place of halting shall ..... place of halting, if he holds that the establishment would cause obstruction, trouble, annoyance, fear, danger or loss to the inhabitants of the surrounding places, or to the passengers.(iii) under rule 27 every person, who has established a public place of halting shall not be competent to commit himself or allow any of employees to commit such act ..... permanently or temporarily or to pass otherwise any orders to comply with if he feels that is necessary to prevent a loss or damage or a trouble of the passenger or the person residing in the vicinity or to prevent any disturbance or for the establishment of a public place.3. it is the case of the petitioners that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-03-2005
Reported in : 2006(1)ALD165; 2006(1)ALT500
ORDERRamesh Ranganathan, J.1. Proceedings of the first respondent dated 3.2.1995, whereby the petitioner was dismissed from service, is the subject-matter of challenge in this writ petition.2. Facts, to the extent necessary for this writ petition, are that the petitioner was appointed on 19.6.1982 as an SGBT Teacher in the Ashram School and was later promoted as Head Master. Ashram Schools are run by the Integrated Tribal Development Agency, (for short 'ITDA'), a Society, constituted by the Government of Andhra Pradesh, for the development of socio-economic interests of Tribals. The expenditure of the Society is met by the Government of India and the Government of Andhra Pradesh, it is run by Government officials, funded and supervised by the Government of India. Institutions meant for Tribals, in the scheduled areas, are under the control of the ITDA, a 'State' within the meaning of Article 12 of the Constitution of India.3. While working as the Head Master of Ashram School, Kolleru, ...
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