Andhra Pradesh Court August 1983 Judgments
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Bonam Krishnamurthy and anr. Vs. Mirza Nallaparaju Venkata Prabhakara ...
Court: Andhra Pradesh
Decided on: Aug-31-1983
Reported in: AIR1984AP374
Rama Rao, J. 1. The plaintiffs are appellants. This appeal arises out of the order declining to grant leave to the plaintiffs to file the suit for the relief stated in the plaint under Section 92 C. P. C. and the consequential dismissal of the suit. The suit is filed for a declaration that the choultry standing in R. S. No. 244/5 in about 0.20 cents at Siddhantham is a public trust and to settle a scheme for its administration after evicting the defendants 1 to 3 from the suit property. The case of the plaintiffs is that Venkata Suryanarayana Srihariraju, the father of defendants 1 and 2 and the husband of the 3rd defendant settled the land in favour of his mother Subhadramma on 10-5-1929 with a view to have a choultry constructed at Sidhantham. The husband of the 4th defendant is said to have collected funds and constructed the choultry in 1947 and was managing the same. About six years ago the defendants appear to have trespassed on the premises under the pretext of getting it repair...
Andhra Pradesh Government Technical Education Teachers Association and ...
Court: Andhra Pradesh
Decided on: Aug-30-1983
Reported in: AIR1984AP238
ORDER1. There are eleven petitioners in this writ petition. The first and the second petitioners are the service Associations called, 'The Andhra Pradesh Government Technical Education Teachers' Association' and the 'Telengana Polytechnics. Technical High Schools Teaching and Instructional Staff Association,' respectively. The other petitioners are all Lecturers working in various State Government-owned Polytechnics. The petitioners have filed this writ petition challenging the action fo the State Government in issuing G. O. Ms. No. 169. Labour, Employment. Nutrition & Technical Education (TE-1) Department dt/- 10th June, 1983 by means of which an earlier G. O. Ms. No. 881 has been issued by the Government had been cancelled. The earlier G. O. Ms. No. 881 has been issued by the Government permitting the Director of Technical Education to admit the children of the staff of the Polytechnics and Technical High Schools in the State in each of the faculties such as Civil Electrical, Mechani...
Rajana Venku Naidu Vs. Manugula Raja Naidu
Court: Andhra Pradesh
Decided on: Aug-26-1983
Reported in: AIR1984AP72
ORDER1. The above two C. R. Ps. Can be disposed of together. C. R. P. No. 4874/80 is directed against E. A. No. 131/77 in E. P. No. 117/76 in S. C. No. 352/57 on the file of the District Musif's Court, Chodavaram. C. R. P. No. 7135/79 is directed against C. M. A. No. 5/77 on the file of the Sub Court, Chodavaram.2. The petitioner before me in both the C. R. Ps. Is the decree-holder. He filed E. P. No. 117/76 for execution of the decree in the trial court. The respondent-judgment-debtor raised a plea under Ordinance 25 of 1976 (later replaced by Act 7 of 1977) and claimed that the decree could not be executed as it was wiped out under the provisions of the said Ordinance. The case was posted to 18-2-1977 for enquiry. The petitioner-decree-holder wanted to examine the village Karnam of the village which the judgment-debtor was a resident in order to furnish proof of the agricultural land owned by the judgment-debtor, but for some reason or other the village Karnam could not be served wit...
Manepalli Lakshminarayana Vs. Mandavalli Suryakantham
Court: Andhra Pradesh
Decided on: Aug-26-1983
Reported in: AIR1985AP38
ORDER1. This revision petition is filed against the judgment of the Rent Control Appellate Authority and Subordinate judge, Tanmuku dt. 23-2-1983 in R.C.A. No. 4 of 1982 confirming an order of the Rent Controller, Tanuku dt. 4-11-1982 passed in R.C.C. 1 of 1980 allowing an application filed by the respondent herein under S.10 (2) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act 1960 (hereinafter referred to as the Act).2. The petitioner herein took on lease the petition schedule premises for running a cloth shop, in the year 1949 under a lease deed Ex. A-6. The petition was filed under S.10 (2) on the ground that (1) the petitioner sublet the building to two tailors without the written consent of the respondent, (2) the petition schedule premises is required for running business by the respondent's adopted son and (3) the said premises is required for carrying on tepairs. Oral and documentary evidence was produced both on behalf of the respondent and the petitione...
Gade Sreeramulu Vs. Matta Adinarayana Rao and ors.
Court: Andhra Pradesh
Decided on: Aug-26-1983
Reported in: AIR1985AP62
ORDER1. The petitioner is the plaintiff. He is seeking to revise the impugned order of the lower appellate Court permitting the respondents to file the appeal as indigent persons under O.44, R.1 of the Civil P.C. 1908. It held that the respondents are indigent persons possessing no means to pay the requisite Court-fee. 2. It is not in dispute that the petitioner lent money to the respondents on executing a mortgage bond and for recovery thereof, the petitioner filed the suit and the trial Court passed a preliminary decree. As against that preliminary decree, the respondents filed the appeal as indigent persons and the lower Court permitted them to file the appeal as such. 3. In this revision, Sri Murthy, learned counsel for the petitioner contended that the respondents have been in possession of the mortgage property, they have an equity of redemption; they could raise the necessary funds by either selling the property or by further hypothecating to third party to pay the requisite Cou...
B. Satyanarayana Murthy and Sons and anr. Vs. the State of Andhra Prad ...
Court: Andhra Pradesh
Decided on: Aug-24-1983
Reported in: [1984]57STC274(AP)
Seetharam Reddy, J.1. These two T.R.Cs. could be disposed of by a common judgment as they involve common point and also decided by a common order. The assessee in T.R.C. No. 27 of 1981 is a dealer in general goods whereas the assessee in T.R.C. No. 39 of 1981 is a dealer in automobile parts. 2. Returns were filed by the petitioner-assessees giving the total turnover, the exemptions claimed and the net turnover. At the time of determination, they were put on notice and after scrutiny of the account books certain exemptions claimed were disallowed and also after taking into reckoning the spot inspection reports finding certain variations, some amounts were added to the turnovers. The petitioners also disclosed voluntarily, in the case of T.R.C. No. 39 of 1981 Rs. 25,000 worth of stock and in the case of T.R.C. No. 27 of 1981 Rs. 35,000 worth of stock. Hence, notices were given to show cause as to why they should not be subjected to best judgment assessments. Replies to the notices were f...
N.V. Chowdary Vs. Hindustan Steel Works Construction Ltd., Visakhapatn ...
Court: Andhra Pradesh
Decided on: Aug-24-1983
Reported in: AIR1984AP110
Seetharama Reddy, J.1. These two C. M. As. Arise out of a common order and so they will be disposed of by a common judgment.2. The appellant filed a suit in O. S. No. 150/83 on the file of the Ist Additional Subordinate Judge, Vizag., for permanent injunction and pending the same, he filed I. A. 291/83 for interim injunction restraing the respondent from terminating the contract. The interim injunction was granted. Thereafter the respondent herein filed two applications I. A. 280/83 for vacating the interim injunction and I. A. 281/83 for stay of trial of the suit under Section 34 of the Arbitration Act. By common order dated 15-7-1983, the injunction was vacated and stay of the trial of the suit was ordered. Hence, the aforesaid two C. M. As.3. A brief format of the case may be drawn: Visakhapatnam Steel Project (V. S. P.), entered into a contract with the respondent-company, a Government of India Undertaking, with the 100% share-capital, for levelling up the entire land within the ar...
intraven Pharmaceuticals Pvt. Ltd., Hyderabad and ors. Vs. the Andhra ...
Court: Andhra Pradesh
Decided on: Aug-23-1983
Reported in: AIR1984AP36
Ramarao, J.1. The appellants are defendants 3 to 5 and 8. The plaintiff is A. P. Small Scale Industrial Development Corporation Ltd. the suit is filed for a preliminary decree for recovery of the said amount by sale of plaint B and C schedules and leasehold interest in the property covered by plaint Schedule A and for a personal decree against defendants 2 to 7, if the proceeds of the sale of plaint, A, B and C Schedule properties are not sufficient to satisfy the claim. The contesting defendants and defendants 3, 4, 5 and 8. The 1st defendant is a firm and it is taken over by defendant 8, a limited company. Defendants 3 to 7 are partners of defendant 1 firm. The plaintiff did not prosecute the suit against defendants 6 and 7. The defendant 5 is the Managing Director of defendant 8. The averments in the plaint are as follows : On 6-3-1965 the plaintiff sanctioned a loan of Rupees 95,000/- and out of the said sum the sum of Rs. 93,770/- was paid. The rate of interest stipulated is 7 1/2...
Dorai Murugan Company, Madras Vs. Andhra Pradesh Small Scales Industri ...
Court: Andhra Pradesh
Decided on: Aug-19-1983
Reported in: AIR1984AP144
K. Madhava Reddy, C.J.1. This writ appeal is directed against an order of the learned single Judge dismissing the writ petition filed by the appellant herein. Pursuant to a tender notice issued by the Andhra Small Scale Industrial Development Corporation, (the Ist respondent herein) calling for tenders for purchase of coal dust from Ceramic/Glass Factory, Gudur, Nellore district, on 'as is where is' basis, the appellant offered his tender and it was accepted by respondent 1. The 1st respondent communicated its acceptance to the appellant through its letter. Ref. No. SIDC/CMM/GF/13 Disposal of Coal Dust/82, dated 8/10-2-1983. As desired in the tender notice, the appellant also deposited the Demand Draft for Rs. 1,000/-. When the appellant approached the Ceramic/Glass Factory, Gudur, for lifting the coal dust, he was not permitted to do so. Even when it was brought to the notice of the Chief Material Manager of the Andhra Pradesh Small Scale Industrial Development Corporation (2nd respon...
T. Deen Dayalu Vs. Bezawada Papi Reddy and ors.
Court: Andhra Pradesh
Decided on: Aug-19-1983
Reported in: AIR1984AP162
Madhava Rao, J. 1. This writ petition is filed by a voter in Andhra Pradesh for the issue of a writ of quo warranto or a direction to restraining respondents 1 to 3 from being members of the Andhra Pradesh Legislative Assembly.2. In support of the petition, the petitioner filed an affidavit wherein it is stated that the Andhra Pradesh Industrial Development Corporation is a public company registered under the Companies Act, 1956 and the Government of Andhra Pradesh is holding 100% shares in the said Corporation. The State of Andhra Pradesh, 4th respondent, reconstituted the Board of Directors of the Andhra Pradesh Industrial Development Corporation Limited (hereinafter referred as A. P. I. D. C.) and nominated Sri Bezawada Papi Reddy, 1st respondent as Chairman, Sri P. Ramachandra Reddy, and Sri Ankem Prabhakara Rao, respondents 2 and 3, as Directors of A. P. I. D. C. with effect from 4-7-1983. They assumed charge of the said offices with effect from 4-7-1983. Consequently they have be...
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