Andhra Pradesh Court February 1990 Judgments
B.V. Subrahmanyam Vs. B. Seetha
Court: Andhra Pradesh
Decided on: Feb-28-1990
Reported in: II(1991)DMC247
Radhakrishna Rao, J. 1. It is human nature that when the matrimonial relations are unfortunately ruptured between the husband and wife, both of them would be prone to invent different versions and in that they would not hesitate to throw blame for such estrangement on each other and some times such estrangement is bound to give rise to various suspicious in their minds against each other. That is what exactly had happened in this case filed by the husband who sought a divorce Under Section 13 of the Hindu Marriage Act, 1955 ('the Act' for brevity) on the ground of wife's cruelty and mental torture.2. The brief facts as called out from the record are as follows. The marriage between the appellant-husband and the respondent-wife was performed on 28th May, 1978 at Hyderabad according to Vedic religious system. Later the marriage was consummated. At the time of the marriage, the husband was working in the Indian Overseas Bank at Karimnagar. The wife was studying in Library Science which sh...
Tag this Judgment!Allied Sales Corporation Secunderabad Vs. the Authority Under Andhra P ...
Court: Andhra Pradesh
Decided on: Feb-27-1990
Reported in: (1990)IILLJ510AP
1. This appeal is preferred by the Management against the judgment of the learned single Judge dismissing the writ petition. The writ petition was dismissed on the ground that the petitioner has an alternative remedy by way of Second Appeal to the Labour Court under Section 41(3) of the A.P. Shops and Establishments Act, 1966. 2. As there has been considerable litigation in this matter earlier which has gone upto Supreme Court at two stage, it is necessary to state the fact from the very beginning of the dispute. 3. The dispute between the appellant and the Workman, the 2nd respondent, is in relation to the age of retirement of the workmen in the appellant establishment. 4. There was a settlement between the Management and the workmen under Section 18(1) of the Industrial Disputes Act on 25th April 1983 under which the age of superannuation of the workmen was fixed at 55 years. The settlement was to be in force upto 30th June 1986 and the next settlement, incorporating practically the ...
Tag this Judgment!The Singareni Collieries Co. Ltd., Rep. by Its Chief Marketing and Mov ...
Court: Andhra Pradesh
Decided on: Feb-26-1990
Reported in: 1991(2)ALT420
Jeevan Reddy, J.1. A common question arises in this batch of Writ Appeals and writ petitions. Some of the writ petitions came up for disposal before a learned single Judge who allowed the same with certain directions under his judgment and order dated 19-9-1989. Writ Appeals are preferred against the said judgment. Other writ petitions which were not disposed of are posted for hearing along with the Writ Appeals. For the sake of convenience we may refer to the facts in Writ Appeal No. 1555/1989 (arising from W.P.No. 1039/89). It is agreed by the counsel for the appellant as well as Sri S. Ramachandra Rao, appearing on behalf of the writ petitioners, that the facts in this case may be taken as representative of the facts in all other cases.2. The petitioner in WP.No. 1039/89, 'M/s Mallikarjuna Chemicals, Piduguralla', came forward with the following averments:3. The petitioner-company is a small scale industry engaged in manufacturing/processing activities of 'burnt lime'. It is registe...
Tag this Judgment!State of Andhra Pradesh Vs. Kaka Enterprises
Court: Andhra Pradesh
Decided on: Feb-22-1990
Reported in: [1992]84STC266(AP)
1. The question is whether the stabilizers sold by the respondent herein ought to be taxed as electrical goods under entry No. 38 of Schedule I or as accessories to televisions under entry No. 3 of the First Schedule. This Court had already taken the view that since the stabilizers are not used exclusively in connection with televisions, but can be used for many other purposes, they ought to be taxed as electrical goods under entry No. 38. This is the view taken by the Tribunal. The T.R.C. is accordingly dismissed. 2. Petition dismissed....
Tag this Judgment!Kalapala Babu Rao Vs. Kalapala Ammaji
Court: Andhra Pradesh
Decided on: Feb-20-1990
Reported in: I(1991)DMC632
Radhakrishna Rao, J.1. This case illustrates the typical mentality of a husband who, out of greed to the property belonging to the foster father of his wife, made a mockery of the oath taken at the time of the marriage that he would live with her with all love and affection, denied the parentage of the two minor children thus indirectly referring to the unchastity of his wife, which no Indian woman can tolerate for such an insinuation by no less a person than her husband. This unfounded castigation has given rise to a reasonable apprehension in the mind of the wife (respondent) of danger to her life and also of her minor children and made her to live apart from the company of her husband. Now, the husband seeks the company of his wife pleading that he made the remarks on the spur of the moment or in a fit of anger.2. The appellant-petitioner, who is unemployed, is the husband of the respondent. Both belong to Christian religion. The husband tiled a petition in the District Court, Krish...
Tag this Judgment!Kota Varaprasada Rao and Another Vs. Kota China Venkaiah and Others
Court: Andhra Pradesh
Decided on: Feb-17-1990
Reported in: AIR1992AP1
ORDERBhaskar Rao, J.1. In this Letters Patent Appeal the important questions that arise for our decision are:(i) whether a destitute widowed daughter has a right of maintenance against her brothers after the death of her father when she could not get sufficient provision from her deceased husband's family for her maintenance, and (ii) whether the property given to her for her maintenance for lifetime becomes an absolute estate under Section I4(1) or the limited interest does not enlarge and continues to be restricted estate under Section 14(2) of the Hindu Succession Act. 2. The material facts relevant for our present purpose are: Late Kota Ramayya had four sons, viz. (i) Venkata Subbayya, (ii) Raghavayya, (iii) China Venkayya (plaintiff) and (iv) Anjayya, and two daughters, viz. (i) Venkatasubbamma and (ii) Adi Lakshmam-ma. Adi Lakshmamma, the younger sister of the plaintiff, lost her husband at an younger age even before she joined her husband and she has no property from her husban...
Tag this Judgment!Superintending Engineer, Somasila Project, Nellore District and Anothe ...
Court: Andhra Pradesh
Decided on: Feb-16-1990
Reported in: AIR1990AP283
ORDER1. In C. R. P. No. 1056 of 1986, bv an order dated 14-7-1987 (reported in 1987-2 APU (HC) 447), 1 have appointed Shri Justice Challa Kondaiah, retired Chief Justice of High Court of Andhra Pradesh as the sole arbitrator to adjudicate upon the disputes between the petitioner and the first respondent in respect of the words 'Special Repairs to the existing W. B. M. Road and providing B.T. Surface to Atmakur-Somasila Road Kms. 15/0 to 21/0'. In pursuance of that order, the arbitrator has entered upon reference and after considering the oral and documentary evidence adduced before him, passed an award dated 12-11-1988 allowing the claim of the petitioner in C.R.P. No. 1056 of 1986 (hereinafter referred to as 'the Contractor') for a total sum of Rs. 91,606/-with simple interest at 12% per annum from 4-8-1981.2. The Government filed C. M. P. No. 4428 of 1989 under Section 30 of the Arbitration Act (hereinafter referred to as 'the Act') to set aside the award on the ground of misconduct....
Tag this Judgment!Hari Om Rajender Kumar and Others Vs. Chief Rationing Officer of Civil ...
Court: Andhra Pradesh
Decided on: Feb-16-1990
Reported in: AIR1990AP340
ORDER1. There are 8 persons shown in this writ petition as petitioners and are represented by their General Power of Attorney Holder, Sri Kamal Mittal. They seek the issue of writ of mandamus declaring that the action of the respondent (Chief Rationing Officer, Hyderabad) deducting the value, at the rate of Rs. 81.17ps. per quintal/bag for 2310 bags of Channadal seized on 29-11-80 from Kachigua Railway Station belonging to the petitioner firm is illegal and arbitrary and also for directing the respondent to pay the amount of Rs. l,87,502.70ps. with interest at 18% p.a. as per Section 6-C(II) of the Essential Commodifies Act and also for payment of compensation.2. At the time of admission of the writ petition, the petitioners filed WPMP No. 15954/89 for allowing the G.P.A. to appear as party in person 'to plead' the case. The application w^s ordered by the learned single Judge and then the writ petition was admitted on the same day. The respondent did not, however, have the opportunity ...
Tag this Judgment!Southern Security and Detective Bureau Vs. Commissioner of Labour, Gov ...
Court: Andhra Pradesh
Decided on: Feb-16-1990
Reported in: 1998(2)ALD596; 1998(4)ALT441
ORDER1. This petition has been filed on behalf of a Security and Detective Bureau of a Paper Mill running at Sirpur Kagaznagar in the district of Adilabad. It is submitted that, Government of Andhra Pradesh had issued a notification in the year 1981 which reads as follows: 'Watch and ward personnel if not hired through specialised agencies provided the employees of such agencies are getting better wages and conditions of service than the lowest paid employee with the principal employer.'The petitioner claims that it is a specialised agency in the work of providing security to the industrial and other establishments. It is further submitted that the petitioner took'a licence under Section 12(1) of the Contract Labour (Regulations & Abolition) Act,1970 (hereinafter referred to as 'the Act') on 31-12-1990. The Sirpur Paper Mills entered into an agreement with the petitioner for providing security and vigilance services to the Mill. The 2nd respondent gave a notice to the petitioner and Si...
Tag this Judgment!Bima Kumar Napany and ors. Vs. Registrar of Companies, Hyderabad and a ...
Court: Andhra Pradesh
Decided on: Feb-15-1990
Reported in: [1990]68CompCas567(AP); 1990CriLJ1902
ORDER(1) The petitioners are accused 2 to 5 in S.T.C. No. 3/1989 on the file of the Special Judge for Economic Offences, Hyderabad. The case was filed by the Registrar of Companies against five accused under sub-section (11) of S. 233-B of the Companies Act. The first accused is the company. Accused 2 to 5 who are the petitioners herein are the directors of the company. The petitioners have filed this petition under S. 482, Cr.P.C. to quash the proceedings against them on the ground that the allegations in the complaint did not make out any offence against them. (2) S. 233-B(11) of the Companies Act provides that if default is made in complying with the provisions of this section, the company shall be liable to be punished and every officer of the company who is in default, shall be liable to be punished. S. 2, Clause 30 of the Companies Act defines 'officer' which includes any director etc. S. 2, Clause 31 says that the officer who is in default in relation to any provision referred t...
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