Andhra Pradesh Court January 1991 Judgments

Konda Sethramulu and Others Vs. the Mahendra Bamboo Workers Industrial ...

Court: Andhra Pradesh

Reported in: AIR1991AP163; 1991(1)ALT486

ORDER1. This Writ Petition is filed by 15 petitioners for quashing the resolution of the genera] body of the 1st respondent-cooperative Society dated 2-4-1990, approved by the 2nd respondent herein, expelling them from the membership of the 1st respondent-society and the consequential proceedings dated 24-7-1990 of the 1 st respondent society.2. One of the contentions raised in this Writ Petition is that the impugned expulsion of the petitioners was effected without giving them an opportunity to make their representations and that therefore the impugned expulsion was in violation of sub-s. (2) of S. 23 of the Andhra Pradesh Co-operative Societies Act', 1964 (hereinafter referred to as 'the Act') and therefore is liable to be set aside. It is specifically alleged in the affidavit of the 13th petitioner in support of the Writ Petition that the petitioners were not served with any notice asking for their explanation prior to the impugned expulsion and that no opportunity was given to them...

Yenamala Chandra Reddy Vs. Nuvvula Chandramouli Naidu and ors.

Court: Andhra Pradesh

Reported in: 1991(2)ALT343

Jagannadha Rao, J. 1. This revision petition has been referred to a Division Bench by Neeladri Rao J., by order dated 26-4-1990 on the basis that the decision of this Court in M. Venkaiah Naidu v. Neelavenamma, ( 1990 (1)ALT 311) decided by Syed Shah Mohammed Quadri J., requires re-consideration. The learned Judge, while making the referring order, gave certain reasons for disagreeing with the view expressed by Syed Shah Mohammed Quadri J. and also referred to the judgment of the Madras High Court in W. Pappammal v. I. Chidambaram. : AIR1984Mad70 2. The point arising in the revision is Whether it is incumbent on the civil court to follow the procedure mentioned in Clause (b) of Order XXXVIII Rule 5 (1) of the Civil Procedure Code while passing an order of conditional attachment under Sub-rule (3) of Order XXXVIII Rule 5 CPC Quadri, J. took the view that it is necessary. 3. Neeladri Rao, J. took the view that the Court could pass a conditional order of attachment under Sub-rule (3) of O...

Smt. Gopaneni Lakshmamma and ors. Vs. Gayaranga Dey and ors.

Court: Andhra Pradesh

Reported in: 1991(1)ALT231

ORDERM. Jagannadha Rao , J.1. These cases raise an important question relating to the power of the Motor Accidents Claims Tribunal after judgment, to withhold and invest monies payable to adult-claimants for a specified period or periods. In some of the cases under appeal before us, the Tribunal has, following the decision of K. Ramaswamy, J. (as he then was) in New India Assurance Co. Ltd. v. Madapati Narammal, : AIR1990AP11 directed deposit of the amounts payable to adults, in nationalised banks. When the insurance company or the owners of the motor-vehicles had preferred appeals in this Court and prayed for stay, counsel for the respondent-claimants have pleaded for release of the whole or part of the award amount. In the view that if such a request is accepted, it will run counter to the judgment of Ramaswamy, J. (as he then was) the learned single Judges (Eswara Prasad, J. in some cases) and one of us (P.L.N. Sarma, J. in some other cases) have referred the miscellaneous petitions...

Gopaneni Lakhmamma and ors. Vs. Gayaranga Dey and ors.

Court: Andhra Pradesh

Reported in: I(1992)ACC413; 1991ACJ1009

M. Jagannadha Rao, J.1. These cases raise an important question relating to the power of the Motor Accidents Claims Tribunal after judgment, to withhold and invest moneys payable to adult claimants for a specified period or periods. In some of the cases under appeal before us, the Tribunal has, following the decision of K. Ramaswamy, J. (as he then was) in New India Assurance Co. Ltd. v. Malapati Naramma : AIR1990AP11 , directed deposit of the amounts payable to adults, in nationalised banks. When the insurance company or the owners of the motor vehicles had preferred appeals in this court and prayed for stay, counsel for the respondents-claimants have pleaded for release of the whole or part of the award amount. In the view that if such a request is accepted, it will run counter to the judgment of Ramaswamy, J. (as he then was) the learned single Judges (Eswara Prasad, J. in some cases) and one of us (P.L.N. Sarma, J. in some other cases) have referred the miscellaneous petitions for ...

Jagtial Consumer Welfare Council Vs. Sri Raveender Sharma and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Lakshmana Rao, President: 1. Heard the learned Counsel for the complainant as well as the learned Counsel appearing for respondents 2, 3, and 4. 2. The complaint has been filed alleging that a number of residents of the villages viz., Koratia, Thakkallapalli, Kathlapur, Bomena, Manne Goodem, Nagulpet, Sririkonda, Desaipet, Sangem and Dammannapet opened deposit accounts under different schemes in the branch office of the Union Bank of India, Koratia, Karimnagar district, and that the Daily deposit Collector appointed by the Union Bank of India used to come to the above said villages and collect the amounts periodically from the account holders for crediting the same in their respective accounts. The grievance of the account holders is that though the amount was collected from them by the Daily Deposit Collector, the same was not credited in their accounts. Therefore, they filed this complaint seeking a direction to the Union Bank of India to pay the amount collected from them as well as...

The Commissioner of Land Revenue and Urban Land Ceilings, Government o ...

Court: Andhra Pradesh

Reported in: 1991(3)ALT648

P. Venkatarama Reddi, J.1. This writ appeal arises out of the judgment of the learned single Judge allowing the writ petition filed by the respondents herein and quashing the orders of the Special Officer & Competent Authority, Urban Land Ceilings, Hyderabad as confirmed by the Commissioner of Land Reforms and Urban Land Ceiling and declaring that each of the writ petitioners does not hold any vacant urban land in excess of the ceiling limit.2. The writ petitioners (who are respondents herein) claim to be co-owners of certain open lands and buildings situate in the Urban Agglomeration of Hyderabad. The 2nd respondent passed an order dated 1-10-1987 under Section 8 (4) of the Andhra Pradesh Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act') after making an enquiry into the declarations filed by the writ petitioners holding that each of the writ petitioners holds surplus vacant land to the tune of 6,077.49 sq. meters which they are liable to surrender. T...

Divisional Forest Officer (Authorised Officer) and ors. Vs. Laxman Pra ...

Court: Andhra Pradesh

Reported in: 1991(1)ALT304

ORDERM. Jagannadha Rao, J.1. This writ appeal is preferred by the Divisional Forest Officer (A.O.), Adilabad and another, questioning the judgment of the learned single Judge in W.P. No. 1417/1990. The respondent is the writ petitioner. The writ petition was filed by the respondent questioning the order of the appellant dated 28-10-1989 and the appellate order of the learned District Judge, Adilabad dated 16-1-1990 in regard to the confiscation of teak-wood logs and lorry bearing M.P. 20/4717. The lorry was being driven by the owner himself.2. On 8-10-1989 at about 11-30 p.m. the Forest Range Officer, Adilabad checked the above said lorry at Mavala check-post and found that the lorry was carrying 17 teak-wood logs measuring 1.016 cmts. worth Rs. 11,176/- without valid permit, along with 'masoori dhal' of 100 bags. It was then seized under Section 44 (2) of the A.P. Forest Act, 1967 (hereinafter called the Act) and produced before the 1st appellant, the Divisional Forest Officer, Adilab...

Duvvuru Madhusudhan Reddy Vs. the Election Court and anr.

Court: Andhra Pradesh

Reported in: 1991(1)ALT349

ORDERParvatha Rao, J.1. This Writ Petition relates to the election of Sarpanch of Udathavaripalem Gram Panchayat held on 10-3-1988 and is filed for quashing the order of the Election Court (District Munsif), Gudur (the 1st respondent herein) in I.A. No. 80 of 1990 in O.P.No. 20 of 1988 dated 9-8-1990 allowing the said I.A. preferred by the 2nd respondent herein praying for the opening of 'the packets of ballot papers polled by both the parties herein and the packets containing invalid votes in respect of them and recounting' etc.2. The petitioner in this Writ Petition was declared as elected as Sarpanch at the said election. He secured 654 votes and the 2nd respondent herein, another contestant in the said election, secured 649 votes. The number of invalid votes is 45.3. The 2nd respondent herein filed the said O.P.No. 20 of 1988 before the 1st respondent praying inter alia for declaring the election of the petitioner herein as void and for further declaring that he was duty elected as...