By S A Ishaqui
Hyderabad, Dec 23: Advocates of the AP High Court have taken an unprecedented decision to move the Supreme Court to end the delay in appointment of judges. An extraordinary general body meeting of the Bar Association of the AP High Court held here resolved to file a writ petition in the SC seeking a direction to the Chief Justice to fill up the vacancies of judges.
This is for the first time in its history that the Bar Association has decided to initiate legal steps to ensure that vacancies of judges are filled up. The body also asked its members to wear black badges while attending court to register their protest. Though a majority of the members of the association called for a boycott of the courts, it was finally turned down.
The advocates were upset that the collegium did not even bother to have a meeting to recommend the names of the advocates from the Bar for elevation as judges. There are 19 vacancies of judges in the High Court and of them 10 have to be filled up from the Bar.
Tuesday, December 23, 2008
Wednesday, November 26, 2008
AP road shows banned
By S A Ishaqui
Hyderabad, Nov. 25: The Andhra Pradesh High Court on Tuesday imposed a temporary ban on road shows by political parties stating that they were causing much inconvenience to people.
A division bench comprising of Chief Justice Anil R. Dave and Justice R. Subhash Reddy directed the police not to allow any party to conduct road shows till further orders.
The bench gave this order while dealing with a petition filed by Mr Narendra Sarma, general secretary of Abhipraay, an NGO, seeking a ban on road shows.
Before passing the orders, the bench sought the opinion of the Advocate-General, Mr C.V. Mohan Reddy, who replied that the state government did not have any objection if the court passed an interim order.
However, Mr Raghunandan, counsel for the Praja Rajyam, objected to the petitioner’s request and said road shows were part of the democratic process.
Justice Dave then pointed out that five people have already died in road shows. “Is that a democratic process?” he asked. “We will not allow people to die in the name of road shows.”“Who gave you the right to occupy streets and lanes?” Justice Subhash Reddy asked the PR counsel. “In which provision of law is it permitted?”
Justice Dave asked the PR counsel to file his counter affidavit. It also asked all political parties to file their replies to the petition within a week.
Hyderabad, Nov. 25: The Andhra Pradesh High Court on Tuesday imposed a temporary ban on road shows by political parties stating that they were causing much inconvenience to people.
A division bench comprising of Chief Justice Anil R. Dave and Justice R. Subhash Reddy directed the police not to allow any party to conduct road shows till further orders.
The bench gave this order while dealing with a petition filed by Mr Narendra Sarma, general secretary of Abhipraay, an NGO, seeking a ban on road shows.
Before passing the orders, the bench sought the opinion of the Advocate-General, Mr C.V. Mohan Reddy, who replied that the state government did not have any objection if the court passed an interim order.
However, Mr Raghunandan, counsel for the Praja Rajyam, objected to the petitioner’s request and said road shows were part of the democratic process.
Justice Dave then pointed out that five people have already died in road shows. “Is that a democratic process?” he asked. “We will not allow people to die in the name of road shows.”“Who gave you the right to occupy streets and lanes?” Justice Subhash Reddy asked the PR counsel. “In which provision of law is it permitted?”
Justice Dave asked the PR counsel to file his counter affidavit. It also asked all political parties to file their replies to the petition within a week.
Sunday, November 23, 2008
AP High Court sets aside GO to take back IDBI land
By S A Ishaqui
Hyderabad, Nov. 22: The Andhra Pradesh High Court held that the state government should not take back unutilised land from a allottee without following the law. Justice N.V. Ramana, in a recent judgment, found fault with the revenue department which took back 10 acres of land from Industrial Development Bank of India Limited at Gachibowli.
While allowing the petition filed by the IDBI challenging the proceedings of the local tehsildar to take back the land, the judge observed that "since the order, though preceded with a notice, which in fact, is in the nature of a final order, did not give any opportunity to the petitioner to submit its explanation and sought to take away the rights of the petitioner over the land."
The judge further said the order cannot be sustained. "It is not only illegal and arbitrary, but in its issuance, principles of natural justice are glaringly violated," he added.
According to the petitioner, the government allotted 50 acres to IDBI to establish Jawaharlal Nehru Institute of Development Banking, known as JN IDBI Staff College at Gachibowli in 1982. It developed a training college, staff quarters and other infrastructure facilities on 30 acres and it planned to make use of the unutilised land. It said that it appointed the Central Public Works Department to undertake a project management consultancy relating to the proposed expansion of infrastructure facilities of the apex level unit.
The IDBI entered into a Memorandum of Understanding on January 22, 2008 with CPWD and also deposited Rs 50 lakh. The petitioner told the court that it was surprised to receive a notice on December 10, 2007 advising them to hand over 10 acres of vacant land as it was required for public purpose.
Hyderabad, Nov. 22: The Andhra Pradesh High Court held that the state government should not take back unutilised land from a allottee without following the law. Justice N.V. Ramana, in a recent judgment, found fault with the revenue department which took back 10 acres of land from Industrial Development Bank of India Limited at Gachibowli.
While allowing the petition filed by the IDBI challenging the proceedings of the local tehsildar to take back the land, the judge observed that "since the order, though preceded with a notice, which in fact, is in the nature of a final order, did not give any opportunity to the petitioner to submit its explanation and sought to take away the rights of the petitioner over the land."
The judge further said the order cannot be sustained. "It is not only illegal and arbitrary, but in its issuance, principles of natural justice are glaringly violated," he added.
According to the petitioner, the government allotted 50 acres to IDBI to establish Jawaharlal Nehru Institute of Development Banking, known as JN IDBI Staff College at Gachibowli in 1982. It developed a training college, staff quarters and other infrastructure facilities on 30 acres and it planned to make use of the unutilised land. It said that it appointed the Central Public Works Department to undertake a project management consultancy relating to the proposed expansion of infrastructure facilities of the apex level unit.
The IDBI entered into a Memorandum of Understanding on January 22, 2008 with CPWD and also deposited Rs 50 lakh. The petitioner told the court that it was surprised to receive a notice on December 10, 2007 advising them to hand over 10 acres of vacant land as it was required for public purpose.
Saturday, November 1, 2008
HDFC plea admitted
By S A Ishaqui
Hyderabad, Oct 31:The AP High Court admitted a petition filed by the HDFC Bank Limited challenging the notice issued by the commercial tax department saying that sale of motor vehicles by the bank to recover debt due to it from borrowers was chargeable to VAT under the AP VAT Act. Mr N. Pratap Kumar, legal manager of the bank filed the petition, stating that the commercial tax department served the notice for the assessment years 2005-06 and 2006-07 to pay Rs 3.5 crore as VAT.
While arguing the case, senior counsel, Mr S.R. Ashok, contended that the principal borrower would not be liable under VAT if the vehicle is sold because he does not sell his vehicle as part of his business, which was a mandatory requirement under Section 2(28) of the VAT Act.
He told the court that the transaction remains a financial one. A division bench comprising Justice Meena Kumari and Justice Ramesh Ranganathan admitting the petition asked the bank to deposit one third of the amount and issued notice to the commercial tax department.
Hyderabad, Oct 31:The AP High Court admitted a petition filed by the HDFC Bank Limited challenging the notice issued by the commercial tax department saying that sale of motor vehicles by the bank to recover debt due to it from borrowers was chargeable to VAT under the AP VAT Act. Mr N. Pratap Kumar, legal manager of the bank filed the petition, stating that the commercial tax department served the notice for the assessment years 2005-06 and 2006-07 to pay Rs 3.5 crore as VAT.
While arguing the case, senior counsel, Mr S.R. Ashok, contended that the principal borrower would not be liable under VAT if the vehicle is sold because he does not sell his vehicle as part of his business, which was a mandatory requirement under Section 2(28) of the VAT Act.
He told the court that the transaction remains a financial one. A division bench comprising Justice Meena Kumari and Justice Ramesh Ranganathan admitting the petition asked the bank to deposit one third of the amount and issued notice to the commercial tax department.
Plea on VIP property
By S A Ishaqui
Hyderabad, Oct 31 : The AP High Court on Friday directed the government to make available to the petitioners all the files, including note filings of the Cabinet, pertaining to allotment of house sites to legislators, bureaucrats and journalists. While dealing with a petition filed challenging the allotment of house sites a special bench comprising Justice C.V. Nagarjuna Reddy and Justice Nooty Ramamohan Rao issued the orders.
The petitioner contended that their plea to make the records available was ignored by the office of advocate general.
Before issuing orders the judges sought to know if the government would oppose the plea. The AG or government pleaders were not present then.
The bench also observed that it was only an assumption of the petitioner that journalists would turn loyal to the government after receiving a benefit. "Will Opposition legislators stop criticising the government once they get house plots?," the bench asked the petitioner’s advocate.
Further, the judges did not agree with the petitioners’ argument that the basic market value fixed by the government would be obnoxiously low.
The case was posted for November 15 for further hearing.
Hyderabad, Oct 31 : The AP High Court on Friday directed the government to make available to the petitioners all the files, including note filings of the Cabinet, pertaining to allotment of house sites to legislators, bureaucrats and journalists. While dealing with a petition filed challenging the allotment of house sites a special bench comprising Justice C.V. Nagarjuna Reddy and Justice Nooty Ramamohan Rao issued the orders.
The petitioner contended that their plea to make the records available was ignored by the office of advocate general.
Before issuing orders the judges sought to know if the government would oppose the plea. The AG or government pleaders were not present then.
The bench also observed that it was only an assumption of the petitioner that journalists would turn loyal to the government after receiving a benefit. "Will Opposition legislators stop criticising the government once they get house plots?," the bench asked the petitioner’s advocate.
Further, the judges did not agree with the petitioners’ argument that the basic market value fixed by the government would be obnoxiously low.
The case was posted for November 15 for further hearing.
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