Andhra Pradesh Court July 1990 Judgments
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Canara Bank, Represented by Its Senior Manager, Narayanaguda, Hyderaba ...
Court: Andhra Pradesh
Decided on: Jul-31-1990
Reported in: AIR1991AP258; [1992]75CompCas281(AP)
ORDERSardar Ali Khan, J.1. Canara Bank, represented by its Senior Manager, Narayanaguda, Hyderabad, has filed Writ Appeal No. 682/90 against the order dated 16-5-1990 made in W. P. M. P. No. 8409/90 in W.P. No. 6601/90 granting an interim direction against the appellant Bank thereby restraining it from transferring any amount deposited by the petitioner-company in its current account to the loan account and to allow the petitioner-company to operate the current account.2. When the matter came up for consideration before us it was deemed fit and proper to direct that the Writ Appeal as well as Writ Petition No. 6601 of 1990 may be posted for final hearing together so that the matter may be decided once and for all. Therefore, this judgment is being passed after the combined hearing of Writ Appeal No. 682/90 and Writ Petition No. 6601/90.3. It would be appropriate to refer to the affidavit filed in support of the writ petition for narration of essential facts of the case.4. M/s. Taraka P...
Tadikonda Ramulu, a Partnership Firm, Represented by Its Managing Part ...
Court: Andhra Pradesh
Decided on: Jul-31-1990
Reported in: 1991(1)ALT121
ORDERV. Sivaraman Nair, J.1. An interesting and oft-repeated question arises for consideration in these Writ Petitions-what is the extent of the jurisdiction of the courts under Article 226 of the Constitution of India, to review action of the Income-tax Officers, proposing assessment of escaped income, in exercise of their powers under Sections 147 and 148 of the Income-tax Act2. Petitioner submits that some of its ramifications are yet virgin ground and hence these petitions.3. The facts are only a few and are common in all the cases. Petitioner firm is a wholesale distributor of various brands of cigarettes manufactured by Imperial Tobacco Company Ltd., Bombay, It has its head office at Guntur and branch offices at Vijayawada, Tenali and Chirala. The manufacturer, hereinafter referred to as ITC Ltd., had extended interest-free credit upto rupees fifty lakhs to the petitioner, to purchase stocks from it. The petitioner had also obtained irrevocable revolving letter of credit with the...
Kondamuri Anasuyamma Vs. Dist. Judge, W.G. Dist at Eluru and Others
Court: Andhra Pradesh
Decided on: Jul-27-1990
Reported in: AIR1991AP47
ORDER1. The third respondent herein, claiming to be a cultivating tenant of ac. 4-45 cents of land belonging to the petitioner herein the land-lady, in S.No. 19/1 of Venkampalam village, Chintalapudi taluk filed an application before the Tenancy Tahsildar, Chintalapudi which was tried as I.A. 1 of 1976. To substantiate his claim, the third respondent herein examined 9 witnesses and marked Exs. P-l to P-10 on his behalf. The land-lady examined five witnesses and marked Ex. B.1 on her side. The Tenancy Tahsildar allowed that application by order dated 2-9-1977. Against that the petitioner herein the land-lady preferred an appeal T.A. No. 1 of 1976 before the Revenue Divisional Officer, who remanded the matter to the Tenancy Tahsildar for fresh disposal. After remand the third respondent herein examinedP.Ws. 1 to 3 and R.Ws. 1 and 2 were examined on behalf of the land-lady C. Ws. 1 and 2 were also examined. At that stage the matter was transferred to the Special Officer the District Munsi...
Thathapadi Venkatalakshmi Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Jul-27-1990
Reported in: 1991CriLJ749; I(1991)DMC291
ORDER1. This revision is directed against the order refusing permission to withdraw the case filed u/S. 498-A IPC by the wife against her husband. 2. The brief facts are : The wife-petitioner, herein filed a report before the police alleging harassment and cruelty against her husband. Thereupon the police filed the charge sheet and the Magistrate took cognizance of the same u/S. 498-A IPC. However, pursuant to an amicable settlement between the spouses to lead a harmonious matrimonial life, the wife filed a petition before the Magistrate to permit her to withdraw the case. The Court below on the ground that the offence is not compoundable dismissed the said petition. Hence this revision. 3. The learned counsel for the wife submitted that though it is not a case for being compounded u/S. 320 Cr.P.C., the Court below could permit, withdrawal of the complaint under the provisions of S. 257 Cr.P.C. It is to be noted that it is the charge-sheet filed by the police that formed basis for the ...
The Divisional Manager, New India Assurance Co. Ltd. Vs. Ratan Prakash ...
Court: Andhra Pradesh
Decided on: Jul-26-1990
Reported in: 1991(1)ALT1
Iyyapu Panduranga Rao, J.1. This is an appeal against the Order and decree of the learned Additional Chief Judge, City Civil Court, Secunderabad awardind Rs. 95,000/- towards compensation in O.P. No. 11/83 on his file. Aggrieved by the same, the appellant-insurance Company, which is the 2ml respondent in the OP. has preferred this appeal.2. The only point for consideration is whether the tribunal erred in awarding compensation exceeding Rs. 50,000/-.3. The first respondent filed O.P. under Section 110-A of the Motor Vehicles Act claiming compensation of Rs. 1,36,000/- alleging that on 11-9-1982 at about 4-00 p.m. he was proceeding on a motor cycle bearing ATY 9815 front Ravindra Bharati towards Nam pally ; when he reached the bus stop near Police Control Room a lorry bearing registration No. APM 532 (hereinafter referred to as the accident vehicle), owned by the 2nd respondent in the appeal came in the opposite direction in a rash and negligent manner and dashed against him and as a re...
New India Assurance Co. Ltd. Vs. Ratan Prakash Rao and anr.
Court: Andhra Pradesh
Decided on: Jul-26-1990
Reported in: 1991ACJ332
Iyyapu Panduranga Rao, J.1. This is an appeal against the order and decree of the learned Additional Chief Judge, City Civil Court, Secunderabad, awarding Rs. 95,000/- t wards compensation in O.P. No. 11 of 1983 on his file. Aggrieved by the same, the appellant insurance company, which is the 2nd respondent in the O.P., has preferred this appeal.2. The only point for consideration is whether the Tribunal erred in awarding compensation exceeding Rs. 50,000/-.3. The first respondent filed O.P. under Section 110-A of the Motor Vehicles Act, 1939 claiming compensation of Rs. 1,36,000/-alleging that on 11.9.1982 at about 4.00 p.m. he was proceeding on a motor cycle bearing No. ATY 9815 from Ravindra Bharati towards Nampally; when he reached the bus stop near Police Control Room a lorry bearing registration No. APM 532 (hereinafter referred to as the 'accident vehicle'), owned by the 2nd respondent in the appeal, came from the opposite direction in a rash and negligent manner and dashed agai...
M/S. Mahalakshmi Enterprises, Calicut - Kerala and Another Vs. Sri Vis ...
Court: Andhra Pradesh
Decided on: Jul-25-1990
Reported in: AIR1991AP74
ORDER1.The question that arises for consideration in this case, is, when the limitation starts under S. 142(b) of the Negotiable Instruments Act to file a complaint for the offence committed under S. 138 of the said Act2. The facts of the case are : The respondents herein filed a complaint under S. 138 of the Negotiable Instruments Act on the ground that the cheque dated 16-7-1989 issued for Rs. 15,260/- by the petitioner was dishonoured on 24-7-89. In view of the dishonour, the respondents issued a notice to the petitioner on 20th August, 1989, which was received by the present petitioner on 24-8-1989. It was on 5-9-89, the respondents filed the petition before the Court below complaining of the offence under S. 138(c) of the Act. The Court below dismissed the complaint on the ground that it is barred by limitation.Section 138(c) of the Act reads as follows :--'Where any cheque drawn by a person on an account maintained by him with a bankerfor payment of any amount of money to another...
George Maijo and Co. (Vizag) Vs. Govt. of A.P. and Another
Court: Andhra Pradesh
Decided on: Jul-25-1990
Reported in: AIR1991AP347
ORDER1. This matter has been placed before the Division Bench in view of the order of reference dated 17th June, 1987 passed by the learned single Judge.2. Before the learned single Judge, it was submitted that the declaration issued under Section 6 of the Land Acquisition Act (hereinafter referred to as 'the Act') which is required to be published in the newspaper, the gazette and on the spot and those publications were required to be done simultaneously, on the true interpretation of Section 6(2) of the Act.3. For appreciating the contentions raised, it is necessary to set out a few facts. For stating the facts, we take up the facts in W.P. No. 7599 of 1986:The writ petitioner claims to be the owner of Ac. 1-21 cents of land in S.Nos. 1480/2, 1480/2, 1480/4 and 1484/2 of Bheemuni-patnam. Their case was that earlier, out of this land, they had given away Ac.0-41 cents of land on 25-2-1984 for laying a road and this land was given away on the understanding that the rest of the land wil...
M.A. Jabbar Khan Vs. A.P. State Electricity Board
Court: Andhra Pradesh
Decided on: Jul-25-1990
Reported in: 1992(2)ALT97
Jagannadha Rao, J.1. The petitioner is the appellant in this appeal. He sought three reliefs in the writ petition. The first was for grant of higher fixation of grade after 10 years of service in the post held by the petitioner as Asst. Accounts Officer as per B.P.Ms.No. 371 dated 27-4-1983 and for payment of monetary benefits after such fixation. The second relief was for grant of higher fixation in special promotion post after 15 years of service held by him in the post of Asst. Accounts Officer with all the monetary benefits. The third relief claimed was for directing promotion of the petitioner to the post of Accounts Officers (Chief Accountant) and also for grant of subsequent promotion as Special Accounts Officer from the date on which persons junior to him were promoted to the said post and for payment of all the consequential monetary benefits.2. So far as the first and second reliefs are concerned, the learned single Judge granted the same under the impugned order. So far as t...
Mohd. Ismail Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jul-23-1990
Reported in: (1992)IILLJ588AP
ORDER1. The writ petitioner, who was promoted as Traffic Inspector Grade-II with effect from September 22, 1987, filed this writ petition questioning his retirement on attaining the age of 58 years. He claims that he is entitled to continue in service till he completes the age of 60 years, which is the age of superannuation applicable to him. 2. The relevant facts are as follows :- The petitioner was originally appointed as a Conductor temporarily in the Road Transport Department, which was on integral part of the ex-Nizam State Railway, on April 30, 1952. He was promoted as an Assistant Depot Clerk in the year 1967 and thereafter he was promoted as Traffic Inspector Grade-II with effect from September 22, 1987. He was retired with effect from October 31, 1987 on the ground that he attained the age of Superannuation viz., 58 years. 3. This writ petition is filed questioning the same and contending that he is entitled to continue till he attains the age of 60 years viz., till October 31...
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