Andhra Pradesh Court August 1989 Judgments
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Vidadala Harinadhababu and Etc. Vs. N.T. Ramarao, Chief Minister, Stat ...
Court: Andhra Pradesh
Decided on: Aug-31-1989
Reported in: AIR1990AP20
ORDER1. In the elections held to the Legislative Assembly of the Stale of Andhra Pradesh in early 1983, and again in late 1984, the Telugu Desam Party, headed by Sri N. T. Rama Rao (hereinafter referred to as 'the Respondent'), captured a majority of seats. Sri N. T. Rama Rao became the Chief Minister. The term of the Legislative Assembly is coming to an end in or about Dec., 1989/March, 1990.2. In Jan., 1987, the respondent made a statement that he is going to act in a Telugu movie, styled 'Brahmarishi Viswamithra' as 'Viswamithra'. Immediately thereupon, W.P. No. 310/1987 was filed seeking issuance of a writ of mandamus 'restraining the respondent herein from enacting in any films including'Brahmarishi Viswamithra'while in office as the Hon'ble Chief Minister of Andhra Pradesh as he is a 'public servant' of State of Andhra Pradesh .......'. The petitioner is a practising advocate at Narasarao-pet. He is an elector and also the Organizing Secretary of District Youth Congress, Guntur D...
Vadde Rama Rao Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-25-1989
Reported in: 1990CriLJ1666
(1) This is an appeal filed by the sole accused against his conviction under Section 304-B I.P.C. and sentence to suffer rigorous imprisonment for seven years. (2) The facts in brief as spoken to by the P.Ws. are : The accused-appellant is the husband of the deceased Prabhavathi. P.W. 1 is the father of the deceased. The marriage took place on 22-5-1983. P.W. 1 paid a total amount of Rs. 60,000/- towards dowry to the accused and his father. However, the accused was harassing the deceased to get an additional dowry of Rs. 40,000/- from her parents. P.W. 4, who is the maternal-uncle of the wife of P.W. 1 and also of the mother of the accused, admonished the accused for demanding additional dowry. From 1985 to 87 the deceased did not join the society of the accused as the accused went to Gudur for further studies. Even during that period, the accused used to harass the deceased for additional dowry as and when he was visiting the house of P.W. 1. The deceased was also informing about this...
Mohd. Ishaq Vs. Osmania University, Hyderabad
Court: Andhra Pradesh
Decided on: Aug-25-1989
Reported in: (1990)IILLJ540AP
Syed Shah Mohammed Quadri, J.1. These writ appeals arise in somewhat similar circumstances and raise common question. So they are heard together and are being disposed of by this common judgment. The parties are referred to as they are arrayed in the writ petitions. The factual aspect of the Writ Appeals. 2. W.A. No. 873/85. The writ petitioner is the appellant in this writ appeal. He holds a degree of M.Sc., in Genetics from the Osmania University in 1979. In the same year, the University advertised a post of Lecturer in Genetics with specialisation in Immuno-Genetics for the appointment. In response to the said advertisement, the petitioner applied for the said post. As the petitioner was the only candidate having Doctorate and requisite qualifications and specialisation, he was selected by the selection committee and was appointed as Lecturer in Osmania University with effect from 6th July 1979. He has been continuing as Lecturer since July, 1979. The Registrar, Osmania University, ...
T. Srinivasulu Reddy Vs. C. Govardana Naidu and Another
Court: Andhra Pradesh
Decided on: Aug-24-1989
Reported in: 1990ACJ66; AIR1990AP289
ORDERAmareswari, J.1. These three appeals can be disposed) of together as a common question of law is involved.2. The proceedings relate to compensation in respect of accidents involving the death or bodily injury to persons arising out of the use of motor vehicles. In all these cases, the accidents took place prior to 1-10-1982. The claims preferred in respect thereof were dismissed on the ground that the negligence of the driver of the vehicle was not established.3. On merits, we do not find any substance in the contention of the learned counsel for the appellant that the finding regarding negligence is unsustainable. But the appellants contend that irrespective of the fact whether there was any negligence on the part of the driver of the vehicle they are entitled to compensation of Rs. 15,000/- under S.92A of the Motor Vehicles Act. They contend that a no fault liability had been imposed under this provision and they are entitled to compensation, of Rs. 15,000/-.4. On the other hand...
Bank of Madura Ltd. Vs. Maddi Venkata Subrahmanyam and anr.
Court: Andhra Pradesh
Decided on: Aug-23-1989
Reported in: [1992]73CompCas541(AP)
N.D. Patnaik, J.1. This appeal is filed by the plaintiff in O.S. No. 312 of 1984 on the file of the Additional Subordinate Judge, Guntur. 2. The plaintiff-bank a suit for recovery of a certain sum of money from the defendants under an equitable mortgage claiming interest at the contract rate and costs. The contract rate is 9.5 per cent. over and above the Reserve Bank of India rate subject to a minimum of 18.5 per cent. with quarterly rests. The defendants contended that the rate of interest is penal and usurious. The learned Subordinate Judge held that the rate of interest is penal and usurious and reduced it to 12.5 per cent. per annum simple interest and passed a preliminary decree granting four months' time for redemption. The plaintiff filed this appeal, aggrieved by the judgment of the lower court reducing the rate of interest. 3. In this appeal, learned counsel for the appellant contended that subsequent to the insertion of section 21A of the Banking Regulation Act, 1949, it is ...
K. Rama Rao Vs. Ch. Venkateswar Rao and Another
Court: Andhra Pradesh
Decided on: Aug-18-1989
Reported in: AIR1990AP269
ORDER1. The judgment-debtor filed a petition under Sections 144 and 151, C.P.C. on 25-6-85 on the file of the Court of the district Munsif, Bodhan, for redelivery of possession of the property on the ground that the sale that has been conducted by the Court is a nullity. The lower Court allowed that petition directing that one acre of land in S. No. 113/1, situated at Baswaipally, in possession of the 2nd respondent, be delivered to the judgment-debtor. It is against that order, the present revision petition has been filed.2. The facts that are emanated before the filing of the petition are as follows:3. The 1st respondent in the Court below who is the decree-holder (2nd respondent herein) filed O.S. No. 249 of 1981 against the judgment-debtor for recovery of Rs. 5030/-and obtained a decree on 25-8-1982. Thereafter, E.P.No. 73 of 1982 for attachment andsale of the land measuring Ac. 3-19 1/2 guntas in S. No. 113/1 situated at Baswaipally was filed. An extent of one acre of land on the ...
P. Innaiah and Another Vs. Govt. of India, Ministry of Home Afffairs, ...
Court: Andhra Pradesh
Decided on: Aug-16-1989
Reported in: AIR1990AP203
ORDER1. Two citizens of India viz., P. Innaiah and Lt. Col. C. T. Subiya the petitioners are calling in question the Foreigners (Report to Police) Order, 1971 (in short the 'Order') issued under S. 3 of the Foreigners Act (XXXI of 1946) as amended from time to time (in short the 'Act') on the ground that the Order is ultra vires the powers under S. 3 of the Act and and that it also infringes their Fundamental Rights.2. With a view to appreciate these conten-tip.ns it is necessary to state few facts. The petitioners claim to be the Chairman and Executive Director of the Rayalaseema Development Trust, Anantapur said to have been registered under the Societies Registration Act. They state that their Trust undertakes Projects relating to Community Health, Vocational Training, Drought Relief, Ecology Children's Education, Economic Development etc. in Rayalaseema area in Andhra Pradesh. They receive contributions from Foreign Agencies regulated under the Provisions of Foreigners Contribution...
Dar-us-salam Educational Trust Vs. Osmania University
Court: Andhra Pradesh
Decided on: Aug-11-1989
Reported in: AIR1990AP380
ORDER1. This is one of the rarest of rare cases to oppose tooth and nail by the respondents for amendment of the relief in the writ petition. The petitioner is indisputably a minority institution. It had applied for and obtained in G.O.Ms. No. 255 dated September 7, 1984, permission to establish Deccan Collee of Engineering and Technology. It also sought affiliation to the respondent-University. Provisional permission was accorded on November 8, 1984 to admit students of four sections pursuant to which students have been admitted from year to year. It is not in dispute that two batches of students have passed final year and were conferred degrees in Engineering and the other three batches are now in the fourth, third and second year respectively. For the academic year 1988-89, the petitioner has admitted students in three sections and by letter dated July 18, 1988 they had reported to the University and permission was granted to continue the students. A report by the Inspection Committ...
B. Sivaji and anr. Vs. Visakhapatnam Urban Development Authority
Court: Andhra Pradesh
Decided on: Aug-11-1989
Reported in: 1992(2)ALT142
ORDERK. Ramaswamy, J.1. Common question of and facts arise in these two writ petitions and therefore they are disposed of by a common judgment.2. Admittedly, the petitioners herein constructed a shed for the establishment of a stone crushing machine in their respective premises and the impugned notice, which is purported to be the third notice under Sections 41(1) and 42(1) of A.P. Urban Development Act, 1973, was issued directing the removal of the aforesaid construction. It is against that impugned order these writ petitions were filed.3. The learned counsel for the petitioner Sri S. Venkateswara Rao contends that the impugned order was issued under Section 42(1) read with Section 41 of the Act without giving reasonable opportunity to show cause and therefore it is violative as principles laid down under Section 42(1) of the Act. The contention of Sri G.V.L. Narsimha Rao, the learned counsel appearing for the Urban Development Authority is that the impugned notice is the third notice...
Adusumilli Venkateswar Rao and Another Vs. Chalasani Hymavathi
Court: Andhra Pradesh
Decided on: Aug-10-1989
Reported in: AIR1990AP161
ORDER1. The suit was originally instituted as one for permanent injunction and the plaintiff applied for temporary injunction pending suit and the same was rejected by the trial court, as well as in appeal by the Appellate Court. Subsequently, the plaintiff came forward with an application for amendment of the plaint under Order 6, Rule 17 of the Code of Civil Procedure for conversion of the suit into one for possession. The said application has been allowed and it is against this order that the present revision has been preferred.2. It is argued by the learned counsel for the petitioners that conversion of the suit for permanent injunction into one for possession amounts to alteration of the nature of the suit and that the same should not have been permitted. Secondly it is argued that the amendment application is filed beyond six months from the date of which, even according to the plaintiff, the defendant entered into possession subsequent to the suit.3. In my opinion, both the cont...
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