Court : Andhra Pradesh
Decided on : Feb-28-1992
Reported in : 1993(1)ALT430
ORDERP.L. Narasimha Sarma, J.1. This application is filed for punishing respondents 1 to 5 under the Contempt of Courts Act (Act 70 of 1971) (hereinafter referred to as 'the Act').2. The facts which are either admitted or borne out of the record are as follows: Petitioner is working as a Lecturer in Economics in C.S.R. Sarma College, Ongole from 1973. He was elected as the Chairman of the Staff Association. As the Chairman of the Staff Association, he became the Officio Member of the Governing Body of the C.S.R. Sarma College, Ongole (for short 'College'). The College was one of the centres for conducting Intermediate Public examinations. Certain irregularities with regard to invigilation seem to have been committed during the course of the conduct of the Intermediate public examinations, with which we are not concerned in these proceedings. The governing body of the college met on 24-4-1988 to consider the alleged irregularities committed as mentioned above. It is stated by the petiti...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-16-1992
Reported in : AIR1992AP324; 1992(2)ALT549
ORDERMohd. Sardar Ali Khan, J.1. W.A.No. 1080/88 and W.A. No. 1088/88 go hand in hand together over a common area of facts and share common questions of law between themselves. Hence both the cases have been taken up together and are being disposed of by a common judgment.2. W.A.No. 1080/88 has been filed by the Government of Andhra Pradesh represented by its Secretary, Revenue Department and two others against the judgment dated 23-2-1988 passed in W.P. No. 2878 of 1986 mainly on the ground that the learned single Judge committed an error in issuing a writ of mandamus directing the Government to sell the Government land to the petitioner, who is a private party, at a fixed price. It is also averred that the petitioner, in whose favour the judgment of the learned single Judge had been passed, had no legal right to claim the Government land and hence the plea of mandamus on his behalf is totally unwarranted.3. W.A. No. 1088/88 is, on the other hand, filed by the writ petitioner Mr. C. K...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-17-1992
Reported in : 1992(1)ALT713
ORDERM.N. Rao, J.1. In this batch of cases common questions arise for consideration and so we are inclined to deal with them by this common judgment. Writ Appeal No. 1402 of 91 is from the order of our learned brother Sivaraman Nair, J., in W.P.No. 15595 of 91 dismissing the writ petition filed by Dr. A.S. Chandra, a private medical practitioner running Sarada Nursing Home in Chirala, Prakasam district. The wife of the fourth respondent received treatment as an out patient between 15-7-91 and 26-7-91 at Sarada Nursing Home for Epigastrium and Chest pain and Nausea. After routine tests were conducted she was admitted as an inpatient on 26-7-91 and operated for Cystectomy, Hystrectomy and Appendectomy. When Laparotomy test was conducted upon her on 15-8-91 it was found that she developed Peritonitis. The nursing home collected Rs. 500/- towards medical fee and Rs. 200/- each for the anaesthetist and two surgeons, Rs. 1,100/- in all. The patient had to be removed to the Government Hospita...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-04-1992
Reported in : 1992(1)ALT269; 1992CriLJ3485
M.N. Rao, J. 1. This criminal petition filed by A-1, A-6 and A-13 (three of the thirteen accused) in Crime No. 35/91 of Bapatla Taluk Police Station for alleged offences punishable under Ss. 120B, 44B, 147, 148, 302 read with 149 of the Indian Penal Code, seeking enlargement on bail pending enquiry and trial, has gravitated from a learned single Judge to a Division Bench and eventually to this Full Bench, the question for resolution being : 'Whether non-availability of police escort constitutes a valid ground for extending the period of remand of an accused person by a Magistrate under S. 167(2) of the Code of Criminal Procedure ?' How the reference has arisen :- The three petitioners herein are among the 13 accused in Crime No. 35/91 of the Bapatla Taluk Police Station. They were arrested on 19-7-91 and produced before the II Addl. Munsif Magistrate, Bapatla on 20-7-91 when an order was passed by the learned Magistrate remanding them to judicial custody for 14 days. Thereafter the rem...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-1992
Reported in : 1992(2)ALT289
P. Venkatarama Reddy, J.1. The constitutional validity of Explanations (a) and (b) to the Sixth Schedule of the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the APGST Act') introduced by Section 15 of A.P. Act 25 of 1988 with effect from 8-7-1983 is under challenge in this batch of writ petitions filed by the dealers in liquor. A.P. Act 25/88 came into force from 6th September, 1988. In some of the writ petitions, the orders passed by the Joint Commissioner of Commercial Taxes (Legal) revising the order of the Appellate Dy. Commissioner relating to assessment year 1983-84 as a sequel to A.P. Act 25/88 have also been assailed.2. The undisputed facts are that the petitioners held at the relevant point of time two licences under the A.P. Excise Act read with A.P. Foreign Liquor and Indian Liquor Rules, 1970- one was wholesale licence known as FL 15 licence and the other was retail licence known as FL 24 licence. The wholesale licence-holder was authorised to imp...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-06-1992
Reported in : 1992(2)ALT314
P. Venkatarama Reddi, J.1. The increase in the licence-fee for various categories of liquor licences by G.O.Ms.No. 160 Revenue (Ex.III) dated 3-3-1990 has led to the filing of this batch of writ petitions.2. The petitioners herein, by and large, are holders of wholesale licence (FL 15), retail licence (FL 24), bar licence (FL 17) and storage licence for godowns (FL 19). A few of them are having distributor's licence (FL 27). The grant of these licences is governed by the provisions of the Andhra Pradesh Foreign Liquor and Indian Liquor Rules, 1970 issued under the Andhra Pradesh Excise Act, 1968, hereinafter referred to as 'the Rules' and 'the Act' respectively.3. Section 15 of the Act enjoins that no person shall sell or buy any intoxicant except under the authority and in accordance with the terms and conditions of a licence granted in this behalf. Under Section 17 of the Act, the Government may, subject to such conditions as they may deem fit to impose, grant for a fixed period to a...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-31-1992
Reported in : 1992(2)ALT117
ORDERD.J. Jagannadha Raju, J.1. This writ petition is filed by a person who is holding full additional charge of the post of Junior College Principal. He seeks the relief of a writ of mandamus to direct the respondents 1 and 2 to continue the petitioner as Principal of the V.T. Junior College, Rajahmundry and to pass such other or further orders as are deemed fit and proper. The first respondent in this writ petition is the Correspondent of the V.T. Junior College, Rajahmundry. The second respondent is the Secretary, A.P. College Service Commission, and the third respondent is Sri V. Sitarama Rao in whose favour an order has been issued by respondents 1 and 2 appointing him as the regular Principal of the Junior College.2. The facts leading to the filing of the present writ petition are breifly as follows:The petitioner obtained M.Sc., degree in Chemistry from Vikram University in 1970. He obtained 53.8% marks in the final year examination and if the marks of the first and second years...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-15-1992
Reported in : 1992(2)ALT193
ORDEREswara Prasad, J.1. The petitioners seek admission into B.Tech. Degree Course in the First Respondent-Sri Venkateswara University, College of Engineering, Tirupathi (for short, 'the University7), and pray for a Writ declaring the resolution No. 24(4) dated 14-7-1991 of the Board of Management of the University, in so far as it has not restored with effect from the academic year 1991-92 admissions under 'staff-children-quota' in B.Tech., Degree Course, as illegal and void and for issuance of a consequential direction to the University to extend the said benefit to B.Tech., Degree Course, as well.2. The petitioners are all the children of the teaching and non-teaching staff of the University. The University sanctioned twelve additional seats for B.Tech. Degree Course for the benefit of the children of the University staff. Those seats were being filled up from among the staff-children, according to merit and ranking secured in EAMCET examination.3. For the academic year 1991-92, the...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-21-1992
Reported in : AIR1993AP147; 1992(2)ALT35
ORDERB. Subhashan Reddy, J.1. This writ appeal is directed against the order dated 10-9-1991 passed by the learned single Judge in Writ Petition No. 9951/90 wherein the writ appellant who was the 4th respondent in the writ petition was directed to deposit Rs. 2,000/- per month with effect from 1-8-1990, arrears payable by the end of the year1991, and the current amounts by 15th day of succeeding month. The writ petition was filed by the 1st respondent herein seeking renewal of licence enabling her to continue to run the stall on railway platform No. 5 at Vijayawada Railway Station. We shall refer to the parties as they are arrayed in this writ appeal.2. One Mr. V. Srinivas Rao was running a stall at Platform No. 5 of Vijayawada Railway Station since 1965 till his death on 14-3-1981. His wife pre-deceased him. He left behind him, 5 daughters and a son and of the said children, three daughters were majors and two daughters, namely, Vijayalakshmi and Varalakshmi and the last one, a son by...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-24-1992
Reported in : AIR1993AP137; 1993(1)ALT188
ORDERSyed Shah Mohd. Quadri, J.1. This special appeal under Section 9E of the Andhra Pradesh Entertainments Tax Act (for short 'the Act') is referred to the Full Bench by a Division Bench of this Court observing that there appears to be a direct conflict between the judgment of a Division Bench of this Court dated 8-2-1988 in Triveni Theatre, Anantapur v. Deputy Commissioner Commercial Taxes, Special Appeals Nos. 43 to 46 of 1984 and a judgment of another Division Bench in Sri Rama Theatre v. Dy. C.T.O., Kakinada, 1982 (2) APLJ (HC) 209.2. We shall presently refer to the controversy which led to the reference to the Full Bench. But before we do so, we would give the relevant facts of this case to appreciate the controversy.3. The appellant is a proprietary concern carrying on the business of exhibiting films. The rates of admission to the appellant-theatre are governed by the Andhra Pradesh Cinemas (Regulation) Rules, 1970 (for short 'the Cinemas Rules') and the Andhra Pradesh Entertai...
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