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 : 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 : 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 : Apr-04-2005
Reported in : 2005(2)ALD(Cri)740; I(2006)DMC32
ORDERV.V.S. Rao, J.1. This petition is filed under Section 407(1)(b) of the Criminal Procedure Code. 1973 (hereinafter referred to as 'Cr.P.C.'), by accused Nos. 1 to 4 in Crime No. 19 of 2004 of P.S. Yerraguntla, Cuddapah District. They pray this Court to transfer the case file in Crime No. 19 of 2004 of P.S. Yerraguntla, within the jurisdiction of the Court of Judicial Magistrate of First Class, Kamalapuram, Cuddapah District, to the Court of XXII Metropolitan Magistrate and Mahila Court, Hyderabad.2. The fact of the matter is in a narrow compass. The first petitioner married Syed Rasheeda Begum, daughter of Mahboob Ali, on 27.2.2002. She (not made party to this petition) is a resident of Yerraguntla town of Kamalapuram Mandal, Cuddapah District and the marriage was performed at the said place. After marriage, Rasheeda Begum came to matrimonial home at Chilkalguda, Secunderabad and started living with the petitioners herein. According to the petitioners, the wife of the first petitio...
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 : Jun-17-2005
Reported in : 2(2007)BC25
ORDER1. These two revisions have come up before us on a reference made by the learned Single Judge of this Court for consideration on the issue as to:Whether a Trial Court awards compensation, while imposing a sentence, of which, fine does not form a part, in purported exercise of powers under Section 357(3), Cr.P.C. is such compensation amount not liable to be paid either before the period allowed for presenting an appeal has elapsed or when an appeal is presented, before the decision in the appeal; and whether the Appellate Court before whom an appeal is presented by the accused has discretion in the matter modulating the grant of an interlocutory order (of suspension and grant of bail) by imposing conditions as to how payment of compensation shall be made pending decision in the appeal.2. Briefly stating the facts on the backdrop are that the revision petitioner is the accused who has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881...
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 : Aug-19-2005
Reported in : [2006]147STC89(AP)
Ramesh Ranganathan , J.1. Can a person, who had earlier appeared as the legal representative of the Government of Andhra Pradesh, (one of the parties to the dispute before the Sales Tax Appellate Tribunal), hear and decide the very same case, as the Deputy Commissioner of Commercial Taxes, (revisional authority), on its remand by the Tribunal for de novo consideration? Is the decision taken or order passed by such a person vitiated by bias? These are the questions, which arise for consideration in this writ petition.2. The facts, to the extent necessary for the purpose of this writ petition are that, the first respondent, vide show cause notice dated January 27, 2005, informed the petitioner that the Sales Tax Appellate Tribunal, Andhra Pradesh, Hyderabad (S.T.A.T.) had remanded the appeal in T.A. Nos. 1494 of 1999 and batch dated September 28, 2004 for fresh disposal of reassessment, after supplying to the dealers concerned details of extracts of certain relevant documents, since 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 : 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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