Andhra Pradesh Court April 1989 Judgments
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Southern Steel Ltd. Hyderabad Vs. the Andhra Pradesh State Electricity ...
Court: Andhra Pradesh
Decided on: Apr-28-1989
Reported in: AIR1990AP58
ORDERJeevan Reddy, J. 1. Condition 28 of the terms and conditions notified by the A.P. Slate Electricity Board under Section 49 of the Electricity (Supply) Act, 1948 (hereinafter referred to as 'the Act') provides that every consumer shall deposit with the Board a sum in cash equivalent to estimated three months' consumption charges. According to the petitioners all of whom are High Tension consumers of electricity in the State of Andhra Pradesh -- the said condition is unreasonable and arbitrary, and that is the main contention arising herein. W.P. No. 11732 of 1984 and four other writ petitions came up for hearing before a learned single Judge, Y.V. Anjaneyulu, J. He was inclined to agree with the petitioners. The learned Judge was of the opinion that in the circumstances of the case, Board is not justified in framing the said condition, and that a deposit of two months' consumption charges would suffice. But since the learned Judge was faced with earlier Bench decisions of this Cour...
Kishanlal Soni and Others Vs. Chandrabala Devi
Court: Andhra Pradesh
Decided on: Apr-28-1989
Reported in: AIR1990AP72
ORDERJeevan Reddv, J.1. This Letters Patent Appeal is preferred by the defendants in a suit for specific performance. Therespondent-plaintiff instituted the suit on the basis of an agreement of sale dt. 27-10-1977 executed by the 1st defendant in favour of the plaintiff. The agreement of sale pertains to a shop-cum-house situated at old Gunj, Mahboobnagar. The agreement recites that though the property stands in the name of the 1st defendant's mother (defendant No. 2), it had fallen to his share in the partition, and that he has agreed to sell the same to the plaintiff for a consideration of Rs. 30,000/-. On the date of agreement the 1st defendant received a sum of Rs. 10,000/-. He agreed to receive the balance of Rs. 20,000/ - on the date of registration of the sale-deed, within one month. The plaintiff was a tenant in the said shop-cuni-house since several years prior to the said agreement. She instituted the suit with the allegations that the 1st defendant refused to receive the bal...
Chakka Lakshminarayana Vs. Konnepati China Subbarao and Others
Court: Andhra Pradesh
Decided on: Apr-28-1989
Reported in: AIR1990AP164
ORDERAmaraswari,J.1. The 9th defendant (auction-purchaser) is the appellant.2. The plaintiff, Chinna Subba Rao, and the 1st defendant, Gurulingeswara Rao, are brothers. They are the sons of Nagendram who died in the year 1955. Nagendram is the brother of Pullayya. After the death of Nagendram, Pullayya, the plaintiff and the 1st defendant continued as members of the joint family. Pullayya and Gurulingeswara Rao (1st defendant) borrowed some amount on a promissory note from one Hanumantha Rao. Hanumantha Rao filed O. S. No. 142 of 1968 against Pullayya and the 1st defendant, the executants of the promissory note and obtained a decree in 1969. In execution of the said decree, the joint family property was brought to sale. The appellant herein purchased the same in the court auction on 22-10-1970 for a sum of Rs. 12,500/- and is in possession ever since. The sale was sought to be set aside by the 1st defendant unsuccessfully land the application filed by him under Order 21, Rule 90, Civil...
G. Butchi Raju Vs. Non-conventional Energy Development Corporation of ...
Court: Andhra Pradesh
Decided on: Apr-28-1989
Reported in: (1990)ILLJ432AP
ORDER1. The petitioner, who is an Assistant Development Officer under the first respondent, was elected as Joint Secretary of the Union in 1988. There were certain demands by employee against the management, and in particular the Managing Director, Sri Bhaktavatsalam. In that context there were heated discussions in the chambers of the said Managing Director. However, the said disputes were compromised even according to the petitioner, at the intervention of a Member of the Legislature. The petitioner was thereafter transferred on 30th March 1989 to Adilabad. 2. The facts of this case are more or less similar to the facts of Writ Petition No. 5018 of 1989. It is clear that after the compromise with the previous Managing Director in his chambers in the presence of the local M.L.A. those disputes came to an end. Therefore, the disputes, if any which were prior to the said compromise dated 22nd December 1988, cannot be treated as having any bearing on the impugned order of transfer. 3. Ho...
V.S.N. Raju Vs. Non-conventional Energy Development Corporation Ltd.
Court: Andhra Pradesh
Decided on: Apr-28-1989
Reported in: (1990)ILLJ163AP
ORDER1. In this writ petition, the petitioner is questioning an order of transfer dated 28 March 1989 issued by Sri U. V. Warlu, Managing Director of the Non-Conventional Energy Development Corporation of Andhra Pradesh Limited (hereinafter called the NEDCAP) which is a State Government company. The petitioner who is working as a Senior Mechanic in the Ranga Reddy branch of NEDCAP has been transferred and posted to Srikakulam District as Senior Mechanic to work under the control of the District Manager, NEDCAP, Srikakulam. 2. The following facts have to be stated : This petitioner was formerly employed as Assistant Mechanic in A.P. State Agro Industries Development Corporation in 1974. He joined the NEDCAP in 1985 after resigning from the Agro Industries Corporation above referred to. The petitioner is employed as a Senior Mechanic. The petitioner claims to be the General Secretary of the NEDCAP Employees Union which was formed to ventilate the grievances of the staff. The petitioner w...
Dr. D.A. David Vs. Alle Chinna Mallaiah
Court: Andhra Pradesh
Decided on: Apr-27-1989
Reported in: 1992(1)ALT619
ORDERK. Ramaswamy, J.1. The petitioner raises an objection in the execution regarding the jurisdiction of the Court to pass a decree in O.S.No. 2 of 1983 on the file of the District Munsif, Andole at Jogipet, Medak district. His contention is that Andole is a Municipality by exercising power under Section 2(b) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act XV of 1961 (in short the Act) extending the provisions of the Act to Andole, therefore the civil court is devoid of jurisdiction to pass decree; the only competent court is the Rent Controller appointed and in this case the decree is passed by the civil court thereby the decree is void, inexecutable and without jurisdiction. The. executing court dismissed the application against which this revision is filed. 2. The contention of the learned counsel for the petitioner is that the lower court failed to see that the Government have already issued Notification in exercise of power under Section 2(iv) of the Act to...
Karri Venkata Reddi Vs. Central Bank of India and Others
Court: Andhra Pradesh
Decided on: Apr-26-1989
Reported in: AIR1990AP81
ORDER1. The petitioner is the judgment-debtor. Item I of the E.P. Schedule property is a house situated in Maharampet, Visakha-patnam. For the sale of that house in execution attachment was ordered under Section 46 of the Code of Civil Procedure and the file was transmitted to the Court at Visakha-patnam and attachment was effected on 12-1-1986. One of the objection raised was that if the property is sold at Rajahmundry, where the execution proceedings are going on no proper bidder would come forward to 'participate in the bid. Therefore, the proper course would be to direct the court at Visakhapatnam to auction Item 1 of the E.P. Schedule property in an open auction so that a number of bidders would participate and higher price would be fetched. Without-considering this objection and overruling the other objections, the Lower Court dismissed the application, as against which the present revision petition has been filed.2. The contention of Sri Lakshmana Sarma, the learned counsel for ...
S. Gopal Reddy Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Apr-25-1989
Reported in: [1990]181ITR378(AP)
B.P. Jeevan Reddy, J.1. Under section 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal had referred the following question : 'Whether, on the facts and in the circumstances of the case, the assessee is entitled to the relief under section 54E of the Income-tax Act, 1961, in respect of the sum of Rs. 50,000 placed in a fixed deposit on February 7, 1981 ?' 2. Survey No. 422 in Atmakur Village was owned by the assessee (Gopal Reddy) and Ramachandra Reddy. The said land was acquired by the State of Andhra Pradesh under the provisions of the Land Acquisition Act, 1894. Notification under section 4(1) was made on August 25, 1977, and possession of the property taken on January 10, 1978. It is not clear from the record whether possession was taken under section 17(1) or otherwise. Be that as it may, all the authorities under the Act have acted on the footing that January 10, 1978, is the date of the transfer. Award was passed on July 17, 1978, but, for reasons which are n...
J. Ram Babu Vs. Govt. of A.P. and anr.
Court: Andhra Pradesh
Decided on: Apr-25-1989
Reported in: 1992(1)ALT688
ORDERJagannadha Rao, J.1. This writ petition is filed by the accused No. 1 in Sessions Case No. 74 of 1988, Additional Sessions Court, Eluru, West Godavari District questioning the entrustment of the said case to the 2nd respondent - Assistant Public Prosecutor, for conducting the prosecution.2. The regular Additional Public Prosecutor, Eluru appears to have expressed his difficulty in conducting the prosecution in the case and the question arose as to who should be entrusted with the task. Ultimately, the Government issued G.O.Rt.No. 60 (Law) dated 3-341988 'entrusting' the case to the 2nd respondent, who does not belong to West Godavari District, but who is an Assistant Public Prosecutor practising at Vishakapatnam. The petitioner states that when Eluru or West Godavari District has a large Bar with several seniors practising on the criminal side and when, even otherwise, there are ever so many criminal lawyers in the neighbouring districts and elsewhere in the State, the selection o...
Sri Visakha Grameena Bank Employees Association, Srikakulam Vs. Govern ...
Court: Andhra Pradesh
Decided on: Apr-24-1989
Reported in: (1992)ILLJ72AP
ORDER1. The Petitioner is Sri Visakha Grameena Bank Employees Association. The writ petition is filed for a declaration that the action of the respondents in their letter dated November 25, 1988 and the Circular dated February 21, 1989, purporting to deny the eligibility to the petitioner-association if it continues to maintain 'composite membership' of Officers and workers, as arbitrary and for issuing a Writ of Mandamus, directing the respondents to continue to allow the petitioner-Association to represent the Officers. 2. The petitioner-association is registered under the Trade Unions Act, 1926 (Registration No. D-515/80). The said association is a composite association, representing both officers and workers of the second respondent-bank. The bank is established under the provisions of the Regional Rural Banks Act, 1976. The petitioner-association is said to represent more than 90 per cent of the employees of the bank. The total employees are said to be about 820. The Branch Manage...
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