Saturday, August 30, 2008

Writ against land transfer to PCC

By S A Ishaqui
Hyderabad, Aug.30: A writ petition was filed in the AP High Court challenging the alienation of 10 acres to AP Congress Committee to establish National Level Institute for Human Resource Development.
Mr V Rambabu, an advocate filed the petition, told the court that the government allotted land at Trishul Park in Bollarum in the city at the cost of Rs 2 lakh per acre.
The petitioner contended that allotment of land was against to the AP (TA) alienation of State Lands Revenue Rulers 1975.
He also said that it was against to the directive principles of state policy and the public interest. The petitioner urged the court to set aside the orders issued by the government for alienation of 10 acres to PCC.

Saturday, August 16, 2008

Chief Justice sets out to revamp AP High Court


By S A Ishaqui
Hyderabad, Aug 15: The AP High Court Chief Justice, Mr Anil R. Dave, has assured advocates that copies of judgments would be made available within two hours of their pronouncement. This will be part of the Chief Justice’s attempt to straighten out things in the High Court registry office against which advocates had raised many complaints in recent times.
In an informal discussion with advocates on the eve of Independence Day celebrations, Justice Dave said the new facility will come into effect from the first week of September. A reform committee comprising senior judges would be set up to bring better co-ordination between the lawyers and the administration staff, the Chief Justice said. The committee will periodically review the administration process and make suggestions that will be implemented.
The Chief Justice also announced that he would like to constitute a grievance committee to sort out the problems that are being faced by the advocates with the registry as well as the administration. The committee will have representatives from the Bar Council and Bar Association besides judges. Advocates had complained about the non-availability of judgments and daily case listings.
The AP Bar Council members had met the Chief Justice over the issue of the non-availability and daily case listings, and express their grievances in this concern. The Chief Justice also urged advocates to be precise in their petitions and to give a brief synopsis of contentions and facts of case on the first page itself.
This would help the judges to understand the case quickly and facilitate speedy disposal, the Chief Justice added. Justice Dave also advised advocates not to file too many miscellaneous petitions along with the original petition to get interim orders. A brief synopsis of pleadings also be given in the beginning page of the petition itself, he said.
“We introduced this system in Gujarat High Court and it has yielded good results,” the Chief Justice said. “Lawyers of Gujarat bar are happy about it. It will also help in saving time and stationery,” he said.

Friday, August 15, 2008

AP High Court stalls action on Sailaja


By S A Ishaqui

Hyderabad, August 14 : The AP High Court on Thursday directed that the police not to arrest Ms Sailaja Kiron, Manging Director of Margadarsi Chit Funds Pvt Ltd till Monday.
The police registered a case against Ms Kiron and her private security personnel in Basar police station on Nizamabad district on August 8 following a complaint lodged by reporters of a telugu daily.
According to the police Ms Kiron visited Sarswathi temple in Basar to perform " Akshara Srikara Pooja " for her child on August 8. Reporters of a telugu daily tried to took the photographs of Ms Kiron. The persons accompanying Ms Kiron objected the reporters and allegedly manhandled them and snatched the camera from them. Based on the complaint police booked a case under Sections 290, 323c and 506 of IPC against Ms Sailaja and others.
Ms Sailaja Kiron filed a petition in the High Court seeking a direction to quash the case. She contended that she was innocent and did not any wrong.
While dealing with the petition Justice P Swaroop Reddy asked the public prosecutor Mr Nageswar Rao to get the factual information of the incident and appraise to the court on Monday.

Saturday, August 9, 2008

Pavan’s wife to withdraw plea


By S A Ishaqui
Hyderabad, Aug. 8: Ms Nandini, the first wife of film actor Pavan Kalyan, has decided to withdraw her revision petition filed in the Andhra Pradesh High Court against the orders of the first additional chief metropolitan magistrate court at Visakhapatnam.

Mr Mahender Reddy, counsel for the petitioner, on Friday submitted to Justice Yethirajulu that his client had filed a withdrawal petition.
The lower court dismissed a petition filed by Ms Nandini against Pavan Kalyan seeking his prosecution under Section 494 of IPC on February 25.

The lower court dismissed the petition with an observation that the complainant had failed to establish the ingredients required to constitute the offence under Section 494 of IPC. The court said the complainant also failed to prove that Pavan Kalyan married actor Renu Desai.
The High Court issued notices to Pavan Kalyan and his actor-brothers Chiranjeevi and Nagendra Babu and other family members on a revision petition.

There were reports that the actor’s family decided on a settlement with Ms Nandini as the stage has been set for Chiranjeevi’s ‘political arangetram’.

In the backdrop of these developments Ms Nandini’s parents decided to withdraw all cases filed against Pavan Kalyan. The court is yet to announce its decision on the withdrawal petition. However, there is another case of claiming maintenance pending with the High Court.

AP High Court says Transco notices illegal

By S A Ishaqui
Hyderabad, Aug. 8: The AP High Court on Friday held that the demand notices of the AP Transco to high tension power consumer across the state were illegal. While allowing a batch of writ petitions filed by various companies including Aditya Spinners, Ankit Steels, Sunder Steels Limited, Sifco metals and 48 other companies, Justice Yethirajulu set aside the notices issued by the Transco between 2001 to 2004 for levying additional fuel cost adjustment charges (FCA). The court found fault with the Transco for not evolving a system to assess FCA charges in every financial year.
The court said that the Transco should under take an exercise to calculate total power consumed by the HT consumer and LT III category consumers every year. The court directed that the Transco should take steps either to refund the amount paid in excess or demand the amount only after to provide all the details as suggested by the court

Saturday, August 2, 2008

AP High Court seeks fresh affidavit on Vizag Steels

By S A Ishaqui
Hyderabad, Aug. 1: The Andhra Pradesh High Court asked the commercial tax
department to file a fresh affidavit on the issue of slapping notice on the Rashtriya
Ispat Nigam Limited (Vizag Steels), Visakhapatnam, to pay tax amounting to Rs 365
crore for the assessment year 2004-05.
On March 31, 2008, the assistant commissioner of commercial taxes,
Visakhapatnam, ordered Visakhapatnam Steels to pay taxes for inter-state sales of
its products.
Mr R.C. Mohanty, an official of the (RINL), filed a petition challenging the orders of
the commercial department. He submitted to the court that their factory produces
different products and supplies to its branches throughout the country.
The petitioner told the court that the company never accepts or undertakes
individual orders from any customer.
It submitted that the Long Term Contracts (LTCs) were signed by the branches
depending on the nature and quantity of the products.
The petitioner contended that LTCs did not set out any details such as grade and
size and specification of product and hence cannot be termed as an agreement of
sale.
The petitioner told the court that transactions between the head office and its
branches have been exempted from levy of taxes under the scheme of the CST Act
1957.
It was also told that the commercial tax department of the state has been accepting
their claim with regard to branch transfers all along.
Surprisingly, the assistant commissioner issued a notice to the company in February
this year stating that it proposed to assess the branch transfers as inter-state sales
under Section 3 (a) of the Commercial Tax Act, the petitioner added.
According to the petitioner the commercial tax authorities allowed for tax
exemption for about Rs 410, 09, 91, 208 , but remaining turnover of Rs
2798,40,48,470 treated as interstate sales and assessed to tax for the year 2004-05.
Finally the assessing authority has not allowed exemption on total value of sales Rs
3208, 50, 39, 678. The petitioner said that this would seriously jeopardise the interest
of the Vizag Steels.

Bar owner rebuked

By S A Ishaqui
Hyderabad, August 1 : An owner of a bar and restaurant who knocked the doors of the AP High Court against alleged interference of police in his business was rebuked.

Justice Goda Raghuram on Friday while dealing with a petition filed by G.V. Dheeraj Reddy, owner of Himayala Restaurant & Bar at Kamalapuri Colony in Hyderabad, directed that the bar should be closed immediately as it did not have a valid police licence.

The judge observed that there was apparently no proper co-ordination between the Greater Hyderabad Municipal Corporation, the excise department and the police regarding granting permission to business establishment.
The court wondered how the GHMC could grant trade licence to the establishment when it did not have parking space. The court was satisfied with the city police’s action of rejecting licence to the bar as it did not have parking space.

Additional commissioner of police (traffic), Mr V.S.K. Koumudi appeared before the court on Friday pursuant to notice issued by it with regard to police interference.