Andhra Pradesh Court July 1989 Judgments
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Sri Saibaba Cloth Emporium, Adoni Vs. Kolli Sanjeevamma and Another
Court: Andhra Pradesh
Decided on: Jul-28-1989
Reported in: AIR1991AP106
ORDER1. The preliminary point that arises for decision in these matters is, whether cross-objections are maintainable in a revision filed under S. 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960.2. The brief facts that led to this issue are that the eviction petition filed by the 1st respondent herein was ordered by the Rent Controller holding that the requirement of the premises by the 1st respondent was bona fide and that the sub-letting of the premises by the 2nd respondent-tenant to the petitioner (sub-tenant) herein was without consent of the land-lady (R. 1). On appeal by the present petitioner, the lower appellate Court though found the two grounds, viz. bona fide requirement of the premises and sub-letting, against the land-lady (R. 1) ordered eviction on the ground that the tenant (R. 2) in his reply notice promised to vacate the premises. Challenging this order of eviction the petitioner-sub-tenant came forward with this revision. May be, in view of the ...
Veerabhadra Rao K. Ch. and ors. Vs. Government of India, Ministry of F ...
Court: Andhra Pradesh
Decided on: Jul-28-1989
Reported in: (1999)IIILLJ284AP
1. When this writ petition had come up for hearing before our learned brother RAMANUJULU NAIDU, J., it was felt that this should be decided by a Division Bench of this Court as it involved interpretation of the guidelines issued by the Government of India under Regulation 8(1) of the Andhra Bank (Officers') Service Regulations, 1982 (hereinafter referred to as '1982 Regulations') which is a substantial question of law. So it had come up before this Bench for consideration.2. Andhra Bank is one of the Banks which was nationalised under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (hereinafter referred to as 'Act 40 of 1980'). As per Section 1(2) of Act 40 of 1980 it was given retrospective effect from April 15, 1980' though the said Act received the assent of the President on July 11, 1980.3. Andhra Bank (Officers') Service Regulations, 1982 were made by the Board of Directors of Andhra Bank by virtue of the powers conferred by Section 19 read with Section ...
Nagaraju Vs. Andhra Pradesh State Financial Corporation and ors.
Court: Andhra Pradesh
Decided on: Jul-27-1989
Reported in: [1991]71CompCas616(AP)
Sardar Ali Khan, J.1. The petitioner prays for a writ of prohibition restraining the respondents from accepting the tender of Rs.3,35,000 for the petitioner's shed and plot (plot No.81, shed No.19, I.D.A.Cherlapally. 2. The salient facts of the case are that the petitioner is the sole proprietor of Vijaya Engineering Enterprises. He was allotted plot No.81 in Industrial Development Area, Cherlapally, wherein he constructed a shed and installed machinery to run a glass- moulding small scale industry in the name and style of 'M/s Vijaya Engineering Enterprises.' The first respondent-State Financial Corporation lent Rs.2,15,000 to the petitioner for the purchase of the plot, erecting the shed, purchase of machinery, etc. The total amount agreed to be lent to the petitioner according to the contract is Rs.3,60,000. The first respondent- Corporation wanted to initiate action under section 29 of the State Financial Corporations Act, 1951, against the petitioner for recovery of the amount due...
Jonnala Venkatarami Reddy Vs. Siriveni Basivi Reddy and ors.
Court: Andhra Pradesh
Decided on: Jul-26-1989
Reported in: 1992(2)ALT203
ORDERM.N. Rao, J.1. The petitioner Venkatarami Reddy, is seeking a writ of certiorari to quash the order passed by the fourth respondent, Election Tribunal (First Addl. District Munsif, Vijayawada) in O.P.No. 53/87 declaring the first respondent herein Basivi Reddy as the successful candidate in the election held on 30-6-87 for the office of President, Devarpally Primary Agriculture Co-operative Society Limited after setting aside the election of the petitioner. The election to the office of President of the Society was held on 30-6-87; the petitioner and the first respondent were the contestants. In the first count, it appears, the petitioner secured 2 votes more than the first respondent and after recount it was declared that the petitioner secured 725 votes and the first respondent 724 votes. 74 votes were found to be invalid. The Election Officer, the third respondent declared the petitioner as the successful candidate. (For purpose of convenience the petitioner and the first respo...
R. Sreenivasa Rao Vs. Labour Court, Hyderabad and anr.
Court: Andhra Pradesh
Decided on: Jul-25-1989
Reported in: (1990)IILLJ577AP
ORDER1. The questions that arise in this batch of writ petitions are whether M/s. National Remote Sensing Agency, hereinafter described as 'NRSA' is an industry within the meaning of S. 2(j) of the Industrial Disputes Act and whether the reference made by the State Government can be said to be valid in view of the provisions of S. 2(a)(i) and (ii) of the said Act. The questions also arises whether in the event of 'NRSA' being held to be an 'industry' relief can be granted to the petitioners under S. 25(F) of the said Act without deciding whether the reference by the State Government through Labour Court before the Industrial Tribunal was valid. Sub. Cl(bb) of S. 2(oo) also falls for consideration. Each of the four writ petitions has been preferred against the awards of the Labour Court holding against the petitioner on two preliminary points. The first one related to the question whether 'NRSA' was an 'industry' and the second one was whether the State Government which made the referen...
K. Srihari Rao and Co. Vs. Deputy Commercial Tax Officer Sirpur, Kagha ...
Court: Andhra Pradesh
Decided on: Jul-25-1989
Reported in: [1990]79STC117(AP)
Yogeshwar Dayal, C.J. and Upendralal Waghray, J.1. Heard. 2. M/s. Srihari Rao and Company, a partnership firm represented by Sri K. Srihari Rao, have filed this writ petition against (i) the Deputy Commercial Tax Officer, Sirpur, Kaghaznagar; and (ii) the Sirpur Paper Mills Limited, Sirpur, Kaghaznagar, being aggrieved by the impugned Proceedings No. 12703/88-89 dated 23 March, 1989, issued by the first respondents and received by the second respondent, inasmuch as the same affect the writ petitioners. 3. It will be noticed that there are no arrears of sales tax due from the writ petitioners. Some money for some commercial transaction between the Sirpur Paper Mills Limited and the writ petitioners is allegedly due to the writ petitioners. It is mentioned in the impugned proceedings that there is an account of Sri K. Srihari Rao, one of the partners of M/s. Jagresree Mines and Minerals, with second respondent, and the second respondent is directed thereunder not to pay an amount of Rs. ...
Associated Glass Industries Ltd. Vs. Industrial Tribunal, Andhra Prade ...
Court: Andhra Pradesh
Decided on: Jul-24-1989
Reported in: (1991)ILLJ322AP
1. The petitioner resisted the reference made in G.O. Ms. No. 1171, dated 10th August, 1983, on the ground that the union representing eleven workmen have settled the claim under Section 12(3) of the Industrial Disputes Act, 1947, on 19th November, 1983. According to the settlement, the workmen have resigned and also received the terminal benefits, and, therefore, the reference is bad in law. The Industrial Tribunal, by the impugned order dated 10th April, 1985, held that the workmen are disputing that they voluntarily resigned and, that, therefore, there is no agreement, that there is no settlement and thereby, the reference cannot be dismissed on that ground. Accordingly, the objection raised by the petitioner was rejected. Assailing the legality thereof, the writ petition has been filed. 2. The contention of Sri K. Srinivasa Murthy, learned counsel for the petitioner, is that once there is a settlement under Section 12(3) of the Act and having agreed to receive the terminal benefits...
A. Satyam Vs. the Municipal Engineer and Dreding Superintendent, Port ...
Court: Andhra Pradesh
Decided on: Jul-20-1989
Reported in: 1990CriLJ765
ORDER1. This contempt case, coming on the office note, the Court made the following : The office raised the following objections (1) Petitioner to state as to how the CC lies as against the order in the writ petition as there is no direction in the petition presented against the order in I.D. No. 1/79 dated 3-2-1984, on the file of the Labour Court, Guntur. The advocate represented as follows : 'This C.C. lies as against the order of Labour Court, which was confirmed by this Hon'ble Court in W.P. No. 307 of 1985. Post before Court for orders.' It is submitted that the contempt case lies only against the order in I.D. No. 1/1979 dated 3-2-84 but not against the order in writ petition which was dismissed. Submitted for orders as to maintainability before single Judge. 2. The petitioner initiated proceedings in I.D. No. 1 of 1979 and the Tribunal by order dated February 3, 1984 made an award directing reinstatement of the petitioner with consequential benefits. The Management filed W.P. N...
K. Yadamma Vs. K. Balamma and anr.
Court: Andhra Pradesh
Decided on: Jul-19-1989
Reported in: 1991(2)ALT182
ORDER1. The office raised the objection regarding maintainability of the Contempt Case filed by the petitioner under section 12 of the Contempt of Courts Act 70 of 1971 (in short the Act). According to the petitioner this Court by order dated 22-9-87 directed the suit O.S. No. 4306 of 1985 on the file of the IV Asst. Judge, City Civil Court, Hyderabad to be transferred to the court of the VI Asst. Judge, City Civil Court, Hyderabad for a joint trial along with O.S. No. 3090 of 1985 on the file of the VI Asst. Judge, City Civil Court, Hyderabad. The respondents suppressing the factum of this transfer order, have compromised the dispute in O.S. No. 3090 of 1985 in the proceedings of the Lok Adalat. That was a deliberate disobedience of the order of this court. Accordingly they are liable for punishment under section 12 of the Act. 2. If the facts alleged are found to be true, then it constitutes criminal contempt within the meaning of Section 2(c) of Act and therefore it is condition pre...
K. Srinivasa Rao Vs. Collector, Srikakulam and Another
Court: Andhra Pradesh
Decided on: Jul-18-1989
Reported in: AIR1990AP136
ORDER1. The petitioner was admittedly appointed as Government Pleader in the District Court, Srikakulam and there is a reference under S. 18 concerning 21 cases in O.Ps.256/81 to 271/81, 173/82, 174/82 and 37/ 83 to 39/83. Admittedly separate trial was conducted in respect of each of the O.Ps. Separate judgments and separate decrees were passed enhancing the compensation, wherein the Court has fixed the fee of Rs.2,000/- in each O.P. The petitioner had submitted his bills for payment of the fees of the 21 cases in a sum of Rs. 42,679-25 ps. On reference, the Government in Memo. No. 1403/K2/86-4 Rev. (K) Dept., dated 3-8-86 directed that the acquisition may be treated as one case, and the fee Rs. 2,000/- is payable to the Government Pleader and also the cost towards copy application and copy stamps for obtaining certified copies of the judgment has to be allowed. Assailing the legality thereof, the present writ petition is filed. Though Rule Nisi is issued and served, the respondents ha...
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