Andhra Pradesh Court October 1982 Judgments
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P. Radha Krishan Murthy Vs. P. Vijayalakshmi
Court: Andhra Pradesh
Decided on: Oct-20-1982
Reported in: AIR1983AP380
P.A. Chowdary, J.1. This is an appeal in a matrimonial cause against an order of dismissal passed by the additional judge, city civil Court, Hyderabad dismissing OP No. 140/76 filed by the husband the husband sued his wife under sec. 9 of the Hindu Marriage Act for restitution of conjugal rights. He alleged that his wife had withdrawn from his society without any reasonable excuse.2. The husband hailed from Hyderabad and the wife comes from Bombay. They were married at Hyderabad on july 2. 1975 After the marriage they lived for a short while together at Bombay in the house of the petitioners father-in-law Thereafter they came back to hyderabad on August 12 1975 where they stayed together in the husband's house. In that house the aged mother and the unmarried sister also resided contributing not a little to this matrimonial disharmony. On September 28, 1975 the wife went to Bombay and returned back to Hyderabad on 23-2-1976 where she stayed till 27-5-1976 Once again the wife left the hu...
Kunala Subbarao and ors. Vs. P. Nagaratnayamma
Court: Andhra Pradesh
Decided on: Oct-18-1982
Reported in: AIR1982AP443
P.A. Choudary, J.1. This appeal under clause 15 of the Letters Patent has been filed against a mere notice issued on 12-10-82 by our learned brother Lakshminaryana Reddy, J., in C. M. P. No. 12880/82 in A. S. No. 2269/82. The present appellants are the petitioners in the said civil Miscellaneous Application. they were sued by the respondent herein in O. S. No. 65/76 on the file of the Subordinate Judge, Kovvur for recovery of her steam launch by name 'Swaraja Lakshmi', and for arrears of rent or profits for the period of April to end of June, 1976 at a rate of Rs. 600/- per month and for future profits. The plaintiff's case was that she was the owner of the steam launch which she gave to the first appellant-defendant on lease for one year commencing from 1-8-74 and ending with 31-7-75 on a monthly rent of Rs. 350/- and that the first appellant-defendant has failed to return and deliver the launch to her after the expiry of lease, thus rendered himself liable for damages. The second app...
Hamza BIn Omer Vs. Commissioner of Police and ors.
Court: Andhra Pradesh
Decided on: Oct-13-1982
Reported in: 1983CriLJ1810
Madhava Reddy, Ag. C.J.1. This is a petition for the issue of a writ of Habeas Corpus to direct the respondents herein to produce the detenu, Hamza Bin Omer alias Zaffar s/o Omer Bin Ali, at present detained at Hyderabad Central Jail, Chanchalguda Hyderabad and to set him at liberty forthwith.2. The detenu was arrested and detained under the National Security Act in pursuance of 0. No. 11/NSA/TS/1982 dated 7-9-1982 passed by the Commissioner of Police Hyderabad 1st respondent and is at present lodged in the Central Jail. The order of the detention served on the petitioner read as follows:Whereas I. T. Ponnaiayya I. P. S. Commissioner of Police Hyderabad, am satisfied with respect of Sri Hamza Bin Omer alias Zafar pahalwan s/o Omer,Bin Ali aged 32 years, r/o, Yasrabnagar, Yakutpura, Hyderabad and working as PC 918 SAR CPL Amberpet, Hyderabad, a Rowdy sheeter of Rein Bazar P. S., Hyderabad, that with a view to preventing him from acting in a manner prejudicial to the maintenance of publi...
A. Gangadhar S.A. Vs. Government of India and ors.
Court: Andhra Pradesh
Decided on: Oct-12-1982
Reported in: 1983(14)ELT2211(AP)
Ramchandra Rao, J. 1. The petitioner herein A. Gangadhar Sa has filed this Writ Petition challenging the order of the Government of India, Ministry of Finance in Order No. 567/78, dt. 29/12/1978 dismissing the revision petition filed by him and three others against the order of the Collector of the Central Excise, Hyderabad in Order No. II/3/132/76-Gold, dt. 28-1-1977 confirming the order of the Deputy Collector, Central Excise, Hyderabad dated 16-8-1976 whereunder he directed the confiscation of the three items of gold. The Government of India however set aside the penalty imposed on the revision petitioners and gave option to them to redeem the gold on payment of a fine of Rs. 18,000/-. 2. The relevant facts are as follows :- On 28-5-1975, the officers of the Central Excise, Headquarters, Gold Cell, Hyderabad visited the money lending shop of the writ petitioner Aljapuram Gangadhara Sa at Armoor in Nizamabad District and seized 713.500 grams of primary gold and gold ornaments for con...
Lagudu Ramamurthy and ors. Vs. Lagudu Kondamma and ors.
Court: Andhra Pradesh
Decided on: Oct-11-1982
Reported in: AIR1983AP135
Raghuvir, J.1. This letters patent appeal is directed against the order of a single judge in A.A.O. No. 268/82 on July 28, 1982. The question raised in the appeal relates to maintainability of execution application E.P. No. 3/77 laid by the respondents for delivery of item No. 2 in B schedule of the decree under order 21. Rule 35 of the code of civil Procedure. The appellants questioned the maintainability of the execution application, having regard to the earlier proceedings in W.P. No. 458/62 between the parties.2. In the earlier proceedings a report of 'obstruction' was submitted to the executing Court in Ex. X1 on january 3: A Memo Ex. X-2 on January 19. 1963 was filed by the Decree-holder. The latter memo was to record, item No. 2 of B schedule of the decree was delivered to the decree-holder. This memo (Ex. X-2) was not acted upon by the executing Court: No delivery was recorded. Ont eh report of Ex. X-1, admittedly, no steps within the meaning of order 21, rule 97, were taken by...
Vinayak Beer and Wine Stores Vs. the Commercial Tax Officer, X Circle, ...
Court: Andhra Pradesh
Decided on: Oct-11-1982
Reported in: [1984]56STC18(AP)
Madhava Reddy, Ag. C.J.1. Heard the learned Government Pleader. This petition is for the issue of a writ of certiorari or any other writ, direction or order to quash the proceedings of the Commercial Tax Officer, X Circle, Hyderabad, in G.I. No. 2955/82-82 dated 17th September, 1982. 2. The petitioner is a dealer carrying on business under the name and style of M/s. Vinayak Beer & Wine Stores, Himayatnagar, Hyderabad, and has obtained a licence under the Andhra Pradesh Indian Liquor (Storage in Bond) Rules, 1969, framed under the A.P. Excise Act, 1968. It is the case of the petitioner that under the contract for sale of goods with M/s. Hyderabad Beer and Wine Stores, the petitioner agreed to sell liquor on condition that the said Stores pays the excise duty to the excise authorities directly and produces the chalan. On the production of the chalan, the goods are to be released from the bonded warehouse in terms of the A.P. Indian Liquor (Storage in Bond) Rules, 1969. On the turnovers f...
G.R.S. Constructions Vs. Synergetics Limited
Court: Andhra Pradesh
Decided on: Oct-08-1982
Reported in: [1984]56CompCas457(AP)
Seetharam Reddy, J.1. This petition under s. 433(a) of the Companies Act, 1956, is for winding up of the respondent company stating that the company ownes a sum of Rs. 89,118.59, with interest. After certain demands, a statutory notice was issued on December 27, 1981, and was acknowledged on December 30, 1981. However, on April 20, 1982, the managing director of the company asked the petitioner to withdraw the statutory notice. The statutory notice was accordingly withdrawn by the petitioner on April 20, 1982, itself. It is averred in the petition that along with the letter of withdrawal, another letter has been sent and the same has been acknowledged by the company. However, after the letter of withdrawal, the amount which was still outstanding, when demanded, was refused to be paid. Several letters were, thereafter, sent demanding the payment but the same were not at all respondent and, hence, this company petition. 2. A preliminary objection is raised by the respondent company on th...
Namburu Udaya Sundara Rao Vs. Maddula Venkata Panduranga Nayakulu and ...
Court: Andhra Pradesh
Decided on: Oct-07-1982
Reported in: (1983)IILLJ240AP
Ramachandra Rao, J.1. In this writ petition, the petitioner challenges an order of the District Court made under S. 46 of the A. P. Shops and Establishments Act, 1966, setting aside the order of the Principal District Munsif, Vijayawada passed under Ss. 43 and 44 of the said Act and allowing the claim of the 1st respondent for payment of Rs. 2,362-50 towards gratuity in addition to a sum of Rs. 350/- towards wages for two months for non-payment of gratuity. 2. The facts which are not in dispute are as follows : The 1st respondent Maddula Venkata Panduranga Nayakulu was employed as salesman in the shop run by the petitioner Namburu Udaya Sundarrao under the name and style of Seetharama General Stores, as a partnership firm, from 1945. In 1971 the shop which was run by the partnership firm was transferred exclusively in the name of the petitioner herein and the 1st respondent was continued in the service of the shop without any break. On 24th April, 1972 the 1st respondent sent an applic...
E. Managamma Vs. A. Muniswamy Naidu
Court: Andhra Pradesh
Decided on: Oct-06-1982
Reported in: AIR1983AP128
P.A. Choudary, J.1. C.R.P. No. 1934 of 1978 is referred to a Division Bench by narasinga Rao, J., on the question whether a defendant -respondent, in an appeal under O. 43 R. 1 (r) of civil P.c. against an order of exparte injunction made by the lower Court under O. 39, R.1 C.P.C against him. The answer to such a question so long as it remains unencumbered by the weight of judicial pronouncements can be expected reasonably to be simple and straight and in the affiramative order 39, c.P.C. deals with the subject of granting injunctions by the civil courts O. 39 R. 1 provides for granting of ex parte injunction without hearing the party sought to be affected thereby. The party which was injuncted by the passing of such an ex parte order is given a right to ask the Court that granted such an order ot discharge vary or set aside that ex parte order of injunction on an application being made for that purpose, the Court after hearing both the parties makes a final order under R. 4 of O. 39, ...
Orissa Engineer and Erectors Vs. Andhra Pradesh State Electricity Boar ...
Court: Andhra Pradesh
Decided on: Oct-06-1982
Reported in: AIR1983AP228
P.A. Chowdary, J. 1. The appellant was one of the defendants in O.s. No. 1045 of 1980 on the file of the VI addl. Judge,city civil Court Hyderabad. That suit was filed by the A.P. State Electricity Board for recovery of a huge sum of Rs. 60 lakhs and odd from the appellant as due towards damages for failure to perform a contract entered into by the appellant with the A.P. state Electricity Board on 15-5-1978 agreeing to supply electrical transforemers that agreement concluded between the A.P. state electricity Board on one hand and the appellant on the other provided for claiming payment up to Rs. 2 lakhs by the punjab national Bank, Bhuvansewar, orissa state towards damages which will become payable by the appellant in the event of his committing breach of that agreement the A.P. state electricity Board had therefore sued botht he appellant in the event of his committing breach of that and the punjab national Bank, Bhuvaneswar for damages for the nonperformance of the agreement dt 15-...
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