Andhra Pradesh Court February 1981 Judgments
Union of India (Uoi) Vs. Narayanasetti Jugadeswararao and ors.
Court: Andhra Pradesh
Decided on: Feb-26-1981
Reported in: AIR1981AP215
Seetharama Reddy, J.1. This appeal by the plaintiff, the Union of India represented by the General Manager, South Eastern Railway, is against the judgment of the Addl. Subordinate Judge, Srikakulam in O. S. No. 38 of 1961, which dismissed the suit as against the 10th defendant (sole respondent herein) and decreed it for Rs. 22,096-35 P. against the the defendants 1 to 9 with proportionate costs and subsequent interest at 51/2 per cent per annum from the date of suit till the date of realisation. Defendants 1 to 9, though originally impleaded as respondents 2 to 10 in this appeal, were later deleted by the order of this Court dated 10-7-1976 as not necessary parties.2. The relevant facts of the case are: The plaintiff brought the suit against the defendants 1 to 10. Defendants 1 to 9 are inter-related, constituting a joint family. The 10th defendant is the maternal uncle of the 9th defendant. The plaintiff's case is that the defendants 1 to 9 were joint and that the 9th defendant, as th...
Tag this Judgment!Nagpur Nagarik Sahakari Bank Ltd. Vs. Union of India and anr.
Court: Andhra Pradesh
Decided on: Feb-24-1981
Reported in: [1984]55CompCas677(AP)
Seetharam Reddy, J. 1. First defendant is the appellant. The Union of India filed the suit O.S. No. 256 of 1971, on the file of the City Civil Court, Hyderabad, for the recovery of Rs. 46,644.75 being the balance of bank guarantee payable by the first defendant to the plaintiff, against the first defendant and in the alternative, against defendants Nos. 1 and 2 and for subsequent interest from the date of suit at 6% per annum till the date of recovery and for costs. 2. The plaint averments are : The second defendant was appointed by the plaintiff as the sole advertising agent to procure advertisements in the Telephone Directories for a total of five issues commencing from July, 1965. An agreement was entered into between the plaintiff and the second defendant on April 6, 1965. As per clause 4 of the said agreement, the second defendant gave bank guarantee by the first defendant bank on April 30, 1965, for the due performance by him of the terms of the agreement. As per the bank guarant...
Tag this Judgment!Nagpur Nagarik Sahakari Bank Ltd. and anr. Vs. Union of India and anr.
Court: Andhra Pradesh
Decided on: Feb-24-1981
Reported in: AIR1981AP153
Seetharama Reddy, J. 1. First defendant is the appellant. Union of India filed the suit O. S. No. 256 of 1971 on the file of City Civil Court, Hyderabad for recovery of Rs. 46,644-75 being the balance of Bank guarantee payable by the first defendant to the plaintiff, against the first defendant; and in the alternative, against defendants 1 and 2 and for subsequent interest from the date of the suit at 6% per annum till the date of recovery and for costs.2. The plaint averments are:-- The second defendant was appointed by the plaintiff as the sole advertising agent to procure advertisements in the Telephone Directories for a total of five issues commencing from July, 1965. An agreement was entered into between the plaintiff and the second defendant on 6-4-1965. As per Clause 4 of the said agreement the second defendant gave Bank guarantee by the first defendant Bank on 30-4-1965 for the due performance by him of the terms of the agreement. As per the Bank guarantee, the Bank is liable f...
Tag this Judgment!In Re: GraIn International and ors.
Court: Andhra Pradesh
Decided on: Feb-20-1981
Reported in: AIR1981AP301
Madhava Reddv, J. 1. Several traders, who are all registered dealers in rice and broken rice, have joined in filing a single writ petition seeking a writ, of prohibition or any other appropriate writ, direction or order to interdict the State of Andhra Pradesh, represented by its Secretary (Civil Supplies Department) the Commissioner of Civil Supplies, Andhra Pradesh, the Commissioner of Commercial Taxes, Andhra Pradesh and the General Manager, South Central Railway, Secunderabad (respondent 1 to 4 respectively) from interfering with the free movement of rice and broken rice of the petitioners in their second and subsequent sales both either by rail or road, within the State and export to other States of the Country, declaring the action of the respondents in insisting on production of permits, as illegal and without jurisdiction, arbitrary and an abuse of authority violative of the rights of the petitioners under Article 19(1)(g) and Article 301 of the Constitution of India. 2. Severa...
Tag this Judgment!G.B.S. Omkar Vs. Shri Venkateswara University and anr.
Court: Andhra Pradesh
Decided on: Feb-19-1981
Reported in: AIR1981AP163
ORDER1. The writ petitioner was a student, who appeared for the First B. A., and Second B. A., examination of Sri Venkateswara University in May, 1980. On the ground that he committed malpractices in the examination he was served by the University with a show cause notice. This was on 3-9-80. These charges of malpractices mainly relate to smuggling from outside of the examination hall an additional written answer sheet and insertion of the same in the answer book. In support of that charge, the show cause notice mentioned that this extra sheet contained a peculiar physical feature of being folded four times and bearing hand-writing which was markedly different from the handwriting in the original answer book. The show cause notice alleged that the quality of the answer found on the pages of the extra sheet was wholly different from and much superior to the quality of the answer in the original sheet. This show cause notice also alleged that Question No. 2 which had been answered in the...
Tag this Judgment!E. Chinna Rangaiah Vs. C. Rangaiah
Court: Andhra Pradesh
Decided on: Feb-18-1981
Reported in: AIR1981AP173
1. The defendant in O. S. No. 276 of 1976 on the file of the District Munsif's Court, Giddalur is the appellant before me. The original plaintiff had filed the suit for recovery of money on the basis of a mortgage deed Ex. A-1 dated 10-8-1957. The plea of the defendant was one of discharge and in support thereof, he filed Exhibit B-2 dated 1-11-1970. The defendant further pleaded that he was a small farmer as defined in Section 3 (t) of the Andhra Pradesh Agricultural Indebtedness (Relief) Act, 1977, hereinafter referred to as the Act, and as such he was entitled to the benefits thereof. After framing the issues and putting the parties to trial, the trial Court gave a finding that the debt was still subsisting because the trial Court had not accepted the plea of discharge pleaded by the defendant. The trial Court, however, also found that the defendant was a small farmer and as such he was entitled to the benefits of the Act. The legal heirs of the original plaintiff also claimed that ...
Tag this Judgment!M.V. Krishna Rao Vs. the District Collector Krishna and ors.
Court: Andhra Pradesh
Decided on: Feb-12-1981
Reported in: AIR1982AP55
Raghuvir, J. 1. In the above group of cases the lessees of various types of stone ( minor minerals ) have approached this Court under Art. 226 of the Constitution to interdict the State of Andhra Pradesh not to collect 'dead rent' from them. In the petition lodged on September 4, 1977 M. V. Subba Rao , is the lessee for black granite stone: whereas in the petition lodged on December 8, 1977 , the following five firms : M/s Road Metal Industries: Hyderabad Metal Industries ; Fine Granite Pvt. Ltd. And Supreme Crusker are lessees for granite stone. In the petition lodged on Dec. 18, 1978 M. V. Krishna Rao is the lessee for black rough stone. All these lessees make a common cause against the State Government when 'dead rent' is demanded for them under the Mines and Mineral ( Regulation and Development ) Act , 67 of 1957 ( the Act) . Dead Rent to be precise is sought to be collected from them under rules promulgated on September , 4, 1977 . The rules are known as Mineral Concessions Rules ...
Tag this Judgment!G. Kistanna Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-09-1981
Reported in: AIR1981AP243
ORDER1. The above group of writ petitions show the good, bad and ugly in cooperative sector of the State. The Andhra Pradesh Co-operative Spinning Mills Limited (the Mill) is incorporated under the repealed Act VI of 1932 and it regulated from Feb. 24, 1964 under the Andhra Pradesh Cooperative Societies Act (VII of 1964). The Mill is governed by a Board of Directors who either are elected or nominated by the State Government for three years (Bye-law No. 14-A). The power to nominate is vested in the Government for it holds 76.16% of share capital of the Mill. Besides, three Directors in the Board, the State Government also nominate Vice-Chairman and Chairman of the Mill. In one of the writ petitions filed by G. Kistanna, a member of the Mill, the nomination ordes of the Government of a named Director, Vice-Chairman and the Chairman on Sep. 4, 1979 fof three yean is challenged. In another writ petition lodged on Oct. 6, 1980, the appointment of 'Managing Director' by the State Government...
Tag this Judgment!B. Satyanarayana and ors., Etc., Etc. Vs. State of Andhra Pradesh and ...
Court: Andhra Pradesh
Decided on: Feb-05-1981
Reported in: (1982)ILLJ224AP
B.P. Jeevan Reddy, J. 1. Writ Petitions Nos. 3477, 3459 respondent-Corporation, viz., the Andhra Pradesh State Irrigation Development Corporation - a corporation created not by a statute but incorporated under the Companies Act, 1956. Before the learned Judges it was contended on behalf of the petitioners that an earlier Bench decision in W.P. No. 5904 of 78, dated 8th December, 1979, was not correctly decided. Reliance was placed upon the decision of the Supreme Court in Ramana Dayaram Shetty v. International Airport Authority, [1979-II L.L.J. 217], and the opinion of Chinnappa Reddy, J., in U.P. Warehousing Corporation v. Vijay Narayan Vajpayee, [1980-II L.L.J. 222]. When the matter came up before the Full Bench on 24th November, 1980, it was brought to our notice that the Supreme Court has dealt with this very question in a writ petition relating to the Bharat Petroleum Corporation Ltd., and it would be advisable for this Bench to await a copy of the decision in that case. According...
Tag this Judgment!B. Satyanarayana and ors. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-05-1981
Reported in: AIR1981AP125
Jeevan Reddy, J.1. Writ Petitions Nos. 3477, 3459 and 5923 of 1978 have been referred to the Full Bench by a Division Bench consisting of Madhava Reddy and Muktadar, JJ., for deciding the question whether a writ can issue to the respondent Corporation, viz., the Andhra Pradesh State Irrigation Development Corporation -- a Corporation created not by a statute but incorporated under the Indian Companies Act, 1956. Before the learned Judges it was contended on behalf of the petitioners that an earlier Bench decision in W. P. No. 5904 of 1978, D/- 8-12-1979, was not correctly decided. Reliance was placed upon the decision of the Supreme Court in Ramana Dayaram Shetty v. International Airport Authority, : (1979)IILLJ217SC , and the opinion of Chinnappa Reddy, J., in U. P. Warehousing Corporation v. Vijay Narayan Vajpayee, : (1980)ILLJ222SC . When the matter came up before the Full Bench on 24-11-1980, it was brought to our notice that the Supreme Court has dealt with this very question in a...
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