Andhra Pradesh Court March 1990 Judgments
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M. Padmanabha Iyengar Vs. the Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Mar-16-1990
Reported in: AIR1990AP357
ORDERJEEVAN REDDY, J.1. This batch of writ appeals is preferred against the judgment of a learned single Judge dismissing a batch of writ petitions. The petitioners (appellants) challenged the proceedings for acquisition of their lands, including buildings thereon, initiated by the Government for purposes of Trimula Tirupati Devasthanams (T.T.D.).2. Tirumala is one of the important pilgrim-centres in the country. The shrine of Sree Venkateswara attacts thousands of pilgrims every day from all over the country. On particular days the influx is very high, in particular on the eve of 'Brahmotsavam'. The temple is located on Tirumala Hills. There are four Mada Streets constituting four sides of a Square, called 'South Mada Street', 'East Mada Street', 'North Mada Street', and 'West Mada Street'. The temple proper abuts South Mada Street. Immediately to the rear of the temple and on its western side is, what is called 'Theertha Katta Street'. The four Mada Streets and the buildings and stru...
Venugopal Loya and ors. Vs. Vijayalakshmi Bung and anr.
Court: Andhra Pradesh
Decided on: Mar-16-1990
Reported in: [1991]71CompCas393(AP)
Radhakrishna Rao, J.1. The Third Assistant Judge, City Civil Court, Hyderabad, directed the plaintiff to comply with the objections raised by he office by valuing the suit and paying the court-fee under section 24(d) of the Andhra Pradesh Court-fees and Suits Valuation Act, 1956. Against that order, this revision petition has been filed. 2. The main allegations in the plaint are that one Suguna Bai, the mother of the plaintiff and the first defendant, being the eldest member of the family, has opened a locker in the Bank of Rajasthan Ltd., Siddiamber Bazar Branch, Hyderabad, which is impleaded as the second defendant in the suit, the locker No. being 208. The said Suguna Bai side leaving behind the plaintiff and the first defendant and they are the sole heirs of Sugana Bai. When the plaintiff and the first defendant approached the bank to operate the locker, the bank asked them to get a succession certificate from the competent court and, therefore, that filed the present suit for a de...
R. Audiseshaiah Vs. S.M. Mallikarjuna and ors.
Court: Andhra Pradesh
Decided on: Mar-15-1990
Reported in: 1992(1)ALT164
ORDERN.D. Patnaik, J.1. The first respondent filed R.C.C. No. 2/86 under A.P. Buildings (Lease, Rent-and Eviction) Control Act on the file of the Principal District Munsif-cum-Rent Controller, Tirupathi against the petitioner and respondents 2 and 3 for eviction on four grounds. His case is that he had purchased the property from one, Adilakshmamma. Respondents 2 and 3 are the legal representatives of one, B. Balarami Reddy, who was the tenant of the premises. The petitioner is alleged to be the sub-tenant of the premises. The petition for eviction is filed on four grounds:-(1) Wilful default in payment of rent;(2) The landlord bonafide requires the premises for his personal occupation;(3) The tenant has sub-let the premises without the consent of the landlord; AND(4) The tenants have committed acts of waste.2. The learned Rent Controller, after an enquiry, accepted the first three grounds, but rejected the contention of the Landlord that the tenants have committed acts of waste and or...
Katari Satyanarayana and Others Vs. the District Collector, Krishna at ...
Court: Andhra Pradesh
Decided on: Mar-14-1990
Reported in: AIR1990AP326
ORDERQuadri, J.1. The question of the locus standi of a tenant of agricultural land covered by the Andhra Pradesh (Andhra Area) Tenancy Act, 1956, to challenge the land acquisition proceedings, gave rise to difference in judicial opinion. Upendralal Waghray, J. referred this writ petition to a Division Bench disagreeing with the view expressed by P. A. Choudary, J. in Writ Petition No.9140 of 1982 dated 21-11-1983 on this question.2. Here are the facts in which the question arose. The Government proposed to acquire land of an extent of Ac. 2-00 in Survey No. 69 of Gudivada village, Gudivada Taluk, Krishna District. Draft notification under section 4( I) of the Land Acquisition Act (for short 'the Act') in respect of the said land was published in the Gazette on 9-11-1983. Enquiry under section 5-A of the Act was dispensed with under Section 17(4) of the Actand declaration under Sec. 6 was also published simultaneously with the notification 4(1). The petitioners who are tenants and who ...
Kum. D. Anupama and Another Vs. Principal, College of Engineering Sri ...
Court: Andhra Pradesh
Decided on: Mar-12-1990
Reported in: AIR1991AP66
ORDER1. The two petitioners herein appeared for the Common Entrance Examination for admission into First. Year B.E., Degree Course for the Academic year 1989-90. The first petitioner secured rank No. 64 and the second petitioner rank No. 1769. The fathers of the petitioners are Ex-army personnel. Under R. 9 of the Rules of Admissions, 85% of the seats in each courseshall be reserved for the local candidates and 15% shall be left over for open competition as specified in the Andhra Pradesh Educational Institutions (Regulations and Admission) Order, 1974. One of the categories entitled for reservations is the children of Ex-Servicemen and defence personnel. Sub-rule (4) of R. 9 insofar as it is relevant reads thus:'Seats shall also be reserved in each institution in respect of the following categories to the extent indicated against each of them. However, if suitable candidates are not available in any category they shall be filled in with the candidates in open Competition. 1% for physi...
G. Chandra Kumari Vs. Union of India Represented by Secretary to Gover ...
Court: Andhra Pradesh
Decided on: Mar-12-1990
Reported in: 1991CriLJ879
Ramanujulu Naidu, J.1. This is a petition filed under Art. 226 of the Constitution of India, for issue of a writ of Habeas Corpus or any other appropriate order or direction in the nature of a Writ of Mandamus, forbearing the respondent, his men or agents from arresting or detaining the petitioner's husband Mr. G. C. M. Benerjee, s/o Krishnaiah, a normal resident of the house bearing No. 32/2/7.A, Praja Sakthi Nagar, Vijayawada, in any manner, in connection with the incident that took place on 4-8-1989 at the Inland Container Depot (I.C.D.), Guntur. 2. In the affidavit filed in support of the writ petition, it is alleged that the incident or occurrence took place on 4-8-1989, that the petitioner's husband and some others were apprehended and interrogated, that the entire material in relation to the occurrence was collected by the Customs authorities by 7-8-1989 itself, that, however, until 7-1-90 no order of detention was passed against the petitioner's husband and that the enormous de...
Kutcherlakota Vijaylakshmi Vs. Radimeti Rajaratnamba and Others
Court: Andhra Pradesh
Decided on: Mar-08-1990
Reported in: AIR1991AP50
R-6 in A.S.49/83, Sub Court, Amalapuram who is one of the legal representatives of the defendant in O.S.336/ 79, II Additional District Munsif, Amala-' puram is the appellant herein. R-1 herein filed the suit in forma pauperis for declaration of title to the plaint-A schedule property and for possession of the same and for Rs. 950/-towards rent or damages with interest thereon and for future profits. Plaintiff is the sister of deceased-defendant. Sri Krishna and Ven-kata Anandarn are their other brothers. Lakshmi Kanthamma is their mother. There was partition between defendant and his two brothers. The plaint-A schedule property had come to the share of Venkatanadam. He died unmarried on 18-3-1975.2. Venkatanandam executed executed Ex. A-3 will deed dated 16-3-75 bequeathing the plaint A schedule property to his monther Lakshmikanthamma and the latter sold the plaint-A schedule property to her under Ex. A-1 registered sale deed dated 12-6-75, claims the plaintiff.3. The defendant plead...
Arvind Kumar Mahaveer Vs. Arvind Exports (P) Ltd., Bombay
Court: Andhra Pradesh
Decided on: Mar-07-1990
Reported in: AIR1990AP280
ORDERJeevan Reddy, J.1. This CivilRevision Petition was referred to a Bench by one of us (Jeevan Reddy, J.) to decide thequestion whether the civil Court has the power to direct the party applying for appointment of a Commissioner to examine his witness residing at a distant place, to pay the expenses of the other side in cases where the other side is not in a position to bear those expenses himself. It is held by a learned single Judge of this Court in Seshamma v. Narasimha Rao, : AIR1963AP167 , following the Bench decision of the Madras High Court in Tata Iron and Steel Company v. Kader Ibrahim : AIR1955Mad654 that the Court has no such power under Or. XXVI, R; 15, C.P.C. The Bench decision of the Madras High Court, referred to above, goes further and holds that the Court cannot make such a direction even under its inherent powers recognized in Section 151 of the Code of Civil Procedure. It is this holding which has occasioned the reference to this Bench. No doubt the decision of the...
Amarthala Hemalatha Vs. Dasari Balu Rajendra Varaprasad
Court: Andhra Pradesh
Decided on: Mar-05-1990
Reported in: AIR1990AP220; II(1991)DMC194
ORDERJagannadha Rao, J.This reference application has come before us under Section 17 of the Indian Divorce Act 1869 (hereinafter called the Act) for confirmation of the order of lower Court in regard to the dissolution of marriage between the petitioner and the respondent.2. The petitioner before the learned District Judge was the wife and she filed the application under Sec. 14 of the Act for dissolution of the marriage between her and the respondent. It is averred in the petition that the petitioner and the respondent are Christians and have been married on 6-1-1975 at Eluru, that the husband deserted the petitioner and that he filed O.P. No. 88/82 under Section 22 of the Indian Divorce Act on 7-6-1982 seeking judicial separation. The Court granted a decree for judicial separation on 29-6-1984 in favour of the husband. Alleging that after the said decree the parties have never lived together, the wife has filed the present petition on 27-1-1987 for divorce. The respondent-husband fi...
G. Beena Vs. A.P. University of Health Sciences, Vijaywada and Others
Court: Andhra Pradesh
Decided on: Mar-05-1990
Reported in: AIR1990AP247
ORDERSyed Shah Mohammad Quadri, J.1. The short but significant question that arises in these cases is 'whether the Rules of Admission specifying length of service and/or prescribing preference based on length of service for purposes of claiming admission in the quota reserved for children of ex-servicemen, are arbitrary and violative of Art. 14 of the Constitution of India.2. Writ Petition No. 13250 of 1989 is referred to a Full Bench by one of us (Jagannadha Rao, J.), expressing doubt about the correctness of judgment of a Division Bench of this Court in Writ Appeal No. 825 of 1982 dated 18-11-1982 holding Rule 2(e) of the Rules for Admission to I Year M.B.B.S. Course in Medical Colleges in Andhra Pradesh made in G. O. Ms. No. 490, M & H, dated 21-6-1982 discriminatory and violative of Art. 14 of the Constitution. Thisjudgment was followed by another Division Bench of this Court in allowing Writ Petition No. 6729 of 1982 and holding that order of preference given in Rule 4(iv) of Rule...
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