Andhra Pradesh Court April 1982 Judgments
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Kadiam Paparao Vs. Siddireddy Satyanarayana and ors.
Court: Andhra Pradesh
Decided on: Apr-16-1982
Reported in: AIR1983AP257
ORDER1. The short question that arises for consideration in this revision petition is whether the evidence of a witness before the Registrar in an enquiry under Sec. 75(4) of the Indian registration Act is admissible in a subsequent suit.2. The petitioner is third plaintiff in O.s. No. 10 of 1976. The second plaintiff is his adoptive mother and the first plaintiff is his adoptive father. The first plaintiff died during the pendency of the suit. The suit was based on a sale deed dated 28-6-1974 which was the subject matter of an enquiry before the sub-Registrar. Rajahmundry on O.E. No. 1 of 1974. In that enquiry the first plaintiff deposed the circumstances under which the sale deed was executed by the defendants as the first plaintiff died during the pendency of the suit this petition was filed to receive his deposition, given before the sub-Registrar for a Just decision in this suit.3. The respondents opposed the petition primarily on the ground that O.F. No. 1 of 1974 was not a judic...
K. Prakasham Vs. Secretary, Regional Transport Authority and anr.
Court: Andhra Pradesh
Decided on: Apr-16-1982
Reported in: AIR1982AP322
ORDER1. This is a petition for quashing the order of the 1st respondent in Memo No. 4291/A1/81 dated 19-12-1981 relating to the rejection of the petitioner's application for the grant of temporary permit on the route Srikakulam to Budhithi viz Narasannapeta by issue of a writ of Certiorari or any other appropriate writ, order or direction after calling for the concerned records.2. The essential facts may be stated: The petitioner is the owner of idle stage carriage bearing No. A. D. P. 1683 and has been plying the said vehicle as and when temporary permits are granted. The petitioner applied for a permit for the route Srikakulam to Budhithi via Narasannapeta and pending the consideration of the permit an application for grant of a temporary permit was also made and the same was granted from 14-8-1981 to 13-12-1981. As the temporary permit expired on 13-12-1981, another application for temporary permit was filed pending the grant of pucca permit. The temporary permit was applied for a p...
S. Jairaj Vs. the Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Apr-15-1982
Reported in: AIR1982AP364
ORDER1. Andhra Pradesh Khadi and Village Industries Board was constituted under Sec. 3 (1) of the Andhra Pradesh Khadi and Village Industries Board Act, being Act No. IV of 1959. The Board is a body-corporate having perpetual succession and a common seal, and possesses all the powers which go with such incorporation. Until the recent amendment, the Board consisted of not more than 7 members to be appointed by the Government, of whom two were to be officials - one representing the Industries Department and the other representing the Finance Department. The five non-official members were also nominated by the Government, one of them as the Chairman, One of the non-official members was also to be elected as Secretary to the Board. According to Sec. 5, prior to its amendment, ' A member of the Board shall hold office for a period of three years from the date of his appointment, but may resign his office earlier by giving notice in writing to the Government, and shall cease to be a member o...
J. Lakshmikantham Vs. Uppala Rajamma and ors.
Court: Andhra Pradesh
Decided on: Apr-15-1982
Reported in: AIR1982AP337
ORDER1. The short but rather important point which is raised in this Revision is whether decretal amount has to be deposited or security has be furnished in the appellate Court as a condition precedent for hearing and disposal of the appeal within the meaning of sub-rule (3) of Rule 1 of Order 41 of the Civil P.C.? The facts are very few. The revisionist herein obtained a decree which is admittedly a money decree. As against that, he preferred an appeal canvassing the correctness with regard to the principal amount only, whereas the respondent-judgment-debtor preferred an appeal contesting the interest part of it. In the said appeal an interlocutory application was filed by the revisionist herein seeking a direction from the court that the judgment-debtor must either deposit the amount covered by the decree or furnish security as a condition precedent for the numbering or entertaining the appeal. The appellate Court negatived the request of the revisionist herein by holding that the ap...
South Central Railway Employees' Co-operative Credit Society Vs. Labou ...
Court: Andhra Pradesh
Decided on: Apr-14-1982
Reported in: 1988(33)ELT351b(AP); (1983)ILLJ469AP
1. The petitioner, South Central Railway Employees' Co-operative Credit Society, represented by its Secretary, seeks a writ of certiorarai quashing the order of the Labour Court, Hyderabad. 1st respondent herein, passed in S.A. No. 2 of 1978. 2. The relevant facts and circumstances giving rise to this writ petition may be stated in brief : The 3rd respondet, A. Ramdas, was at first appointed as an attender in the year 1966 and was promoted as a Record Keeper in 1968, but he was doing despatch work. He was placed under suspension on 7 December, 1972, pending enquiry by the Secretary of the petitioner-society. Charges were framed on 23 December, 1972, to which the thrid respondent submitted his explanation on 9 January, 1973. The petitioner, without holding an enquiry and without assigning any reasons, issued another charge-sheet, dated 14 Septemebr, 1973, with similar charges, to which the third-respondent submitted his explanation on 20 September, 1973, denying the charges. Enquiry was...
Potti Venkata Kasi Viswanadham Vs. Vallabha Vyas
Court: Andhra Pradesh
Decided on: Apr-14-1982
Reported in: AIR1983AP64
ORDER1. The revision petition which raises rather important points, arises under the following circumstances:-2. The Execution petition No. 341/74 in O.S. No. 100/67 was filed for the execution of the decree in A.S. No. 94/69 allowing the appeal preferred against the dismissal of O.S. No. 199/67.3. To the said E.P. objections were filed stating inter alia that the decree was inexecutable inasmuch as it was merely a declaratory decree. The objections were overruled and the E.P. was allowed. The appeal A. S. 135/76 preferred against that order was dismissed. Hence this revision.4. Pending A. S. No. 135/76 the revision-petitioner - Judgment-debtor herein filed O.S. No. 285/78 challenging that the decree obtained in a. S. No. 94/69, as inexecutable and pending the O.S I.A No. 3058/79 was filed for injunction restraining the respondent-decree-holder herein from executing the decree; when rejected C.M.A was filed in this Court and therefore the C.R.P. as well as the C.M.A should be disposed ...
Sajid Issac Vs. Commissioner of Police, Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Apr-14-1982
Reported in: AIR1982AP358
Raghuvir, J.1. This writ petition relates to the detention of Riasuddin Siddique (Siddiq) under the National Security Act 65 of 1980. He was detained on March 16, 1982. The grounds of detention were served on him on March 20, 1982. He is the Secretary of a body corporate. The United Co-operative Housing Society Limited - incorporated under the State Act 7 of 1964. This Society in the grounds of detention is described to be a benami Society controlled by one Mohd. Ibrahim Khan who, it is averred, with the aid and assistance of the Assistant City Planner, G. M. Khan, Siddique and other associates, occupied extensive vacant lands in the city of Hyderabad, committed acts of violence, spread lawlessness, endangered lives of landowners, disturbed public order. In all the nefarious acts, Siddique is said to be a willing aide of Ibrahim Khan. These acts, now they were perpetrated, a representation was made to the Chief Minister and to the Police Commissioner on March 8, 1982, thereupon, necess...
Ravella Satyanarayana Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Apr-09-1982
Reported in: AIR1982AP330
Rama Rao, J.1. This is a petition for issue of a writ in the nature of Mandamus directing the respondents 1 to 3 not to permit respondents 5 to 15 to take part in any proceedings of the Khammam Panchayat Samithi after declaring that their expression of choice to become members of Khammam Panchayat Samithi is illegal, null and void as also ultravires of Art. 14 of the Constitution apart from its being vitiated by mala fides on the part of the ruling party i.e., Congress (I) headed by the 4th respondent. 2. The allegations in the affidavit in support of the writ petition may be epitomised. The petitioner was elected as the President of the Khammam Panchayat Samithi and belongs to the Communist Party of India (Marxists). In Khammam Dist. The C. P. I. (Marxists) in collaboration with Communist Party of India (C. P. I.) and other allies were elected to 11 out of total number of thirteen Panchayat Samithi Presidents by direct election. The ruling party headed by the 4th respondent with a vie...
Chinthalacheruvu Chenchamma and ors. Vs. the District Collector, Nelor ...
Court: Andhra Pradesh
Decided on: Apr-08-1982
Reported in: AIR1982AP445
2. On coming to know that their lands were sponsored for acquisition for home sites to Harijans, the petitioner (Chinthalacheruvu Chenchamma) submitted a representation to the District Collector Nellore on 4th Feb., 1976 against the proposal. The Collector called for report and the Block Development Officer, Indukurpet in his D. O. letter dated 12th February, 1976 informed the collector that there was no proposal to acquire her land. Accordingly, the District Collector by his endorsement dated 1st may, 1976 informed her that there was no proposal to acquire her lands. Again in the middle of 1976, she came to know that the District Social Welfare Officer had sent a proposal afresh for acquisition of her land for provision of house sites for harridans of Jagadevpet. Once again she made a representation to the District collector (1st respondent) on 25th June, 1976. The District Collector forwarded her representation along with the letter of the District Social welfare Officer (Land Acquis...
i.D.L. Chemicals Limited Vs. Shaikh Yousuf and anr.
Court: Andhra Pradesh
Decided on: Apr-07-1982
Reported in: (1983)ILLJ21AP
1. This writ petition is preferred by the Management against an interlocutory order of the Industrial Tribunal. The 1st respondent is an employee of the petitioner. An enquiry was held in respect of certain charges levelled against him. But instead of dismissing him, an order of termination simpliciter was passed. Having passed the order the management applied to the Industrial Tribunal for approval under S. 33(2)(b) of Industrial Disputes Act. This petition was numbered as M.P. No. 52 of 1979 in I.D. No. 32 of 1978 already pending before the Tribunal. Having filed a petition under S. 33(2)(b) the management contended that it was really not necessary for it to so apply. The Industrial Tribunal, however, held that such an application was necessary and has been rightly made. At that stage the 1st respondent raised a contention that the authority, which passed the order of termination is not competent to do so according to the relevant standing orders and that, therefore, the order is inc...
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