Andhra Pradesh Court September 1991 Judgments
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P.V. Chander Rao and ors. Vs. the Singareni Colleries Company Limited, ...
Court: Andhra Pradesh
Decided on: Sep-06-1991
Reported in: 1991(3)ALT681
V. Sivaraman Nair, J.1. The two petitioners in W.P.No. 8333/91 commenced service in the respondent Company on 16-6-76 and January, 1981, respectively as Badli Fillers. Thy were matriculates. They have been confirmed in that category. Petitioners claim that they were assigned clerical duties whenever occasions arose thereafter. They submit that they have graduated from Mythili University in the year 1987.2. The four petitioners in W.P.No. 8524/91 commenced service in the respondent's Company as Badli Fillers on 9-3-82,14-10-86, 30-9-85 and 21-10-86 respectively. All the petitioners were matriculates. All of them have been confirmed in the respective categories, they claim that they were officiating as clerks whenever such arrangement became necessary. Petitioners graduated from Mythili University in the year 1987. They submit that they thus became eligible to apply for appointment as Clerk-Grade .II.3. On 23-2-1988 respondents issued a notification inviting applications for appointment ...
K. Srinivasulu Setty Vs. Government of Andhra Pradesh, Rep. by Its Sec ...
Court: Andhra Pradesh
Decided on: Sep-06-1991
Reported in: 1991(3)ALT208
ORDERSyed Shah Mohammed Quadri, J.1. South India has the distinction of having the most revered and worshipped temple of Lord Venkateswara of great antiquity on the seven hills of Tirumala-Tirupati Devasthanams. Persons professing Hindu faith, belonging to different walks of life - saints, writers, businessmen, poets, politicians and others-are devotees of this temple. Many writers have written in prose and poetry in praise of Lord Venkateswara. Among them was a great saint and poet Annamacharya who had written Sankeerthanas in Telugu language, which were inscribed on palm leaves, copper plates, etc. But, for different reasons, the public did not have the advantage of his invaluable works. Tirumala-Tirupati Devasthanams (T.T.D) launched a project named 'Annamacharya Project' for purposes of unearthing hundreds of his compositions said to have been inscribed on the palm leaves, copper plates etc. One K. Srinivasulu Setty who was ,- appointed in the T.T.D. service as tutor in Telugu lang...
Bank of India, Vijayawada Vs. Katamaneni Suryanarayana and Others
Court: Andhra Pradesh
Decided on: Sep-05-1991
Reported in: AIR1992AP345; 1992(1)ALT125
1. This appeal is filed by theplaintiff in O.S. No. 63 of 1985 on the file of II Additional Subordinate Judge's Court, Vijayawada. The plaintiff, which is Bank of India, filed the suit for recovery of the amount due on a promissory note dated 4-10-1979 executed by the first defendant and one late Katamaneni Mangayamma for Rs.62,000/- agreeing to repay the same with interest at 12 1/2% per annum with quarterly rests. As Mangayamma expired, her legal representatives defendants 1 and 3 to 7 were added. The 2nd defendant executed a guarantee deed.2. Defendants 2 to 7 remained ex perte. The first defendant filed a written statement contending among other things that the defendants are entitled to the benefits of Act IV of 1938.3. The learned trial Judge following the decision of this Court rendered by P.A. Choudary, J. reported in Indian Bank, Palakole v. D. Venkata China Krishnam Raju, 1988 (2) ALT 148 holding Section 4(e)of the Agriculturists Relief Act as unconstitutional, held that the ...
Hoechest India Ltd. and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-05-1991
Reported in: 1991(3)ALT538; 1992CriLJ2360
ORDER1. This revision is filed against the judgment dated 26-4-1991 of the II Additional Sessions Judge, Kurnool in Crl. Appeal No. 109 of 1990 remanding back C.C. No. 38 of 1989 to the file of the Judicial First Class Magistrate, Nandikotkur for conducting fresh trial against A-5 to A-8 with a direction to permit the prosecution to summon the analysts who gave the reports, Exs. P-1 to P-10 and prove them in accordance with law and other directions. 2. The brief facts are the following : On or about 30th March, 1989, the Joint Director of Agriculture, Kurnool filed a Criminal Complaint against the petitioners and five others for an offence punishable u/S. 29(1)(a) of the Insecticides Act. 1968 alleging that a sample from batch No. 1392 of the insecticide called 'Thoidan 35% E.C. (Endosulphan)' was drawn from a dealer M/s. Sri Krishna Fertilizers, Jalakanur on 4-1-1988 by an insectides Inspector. On analysis the said sample was found by the insecticide analyst to contain the active ingr...
Sudha Industries, Dall Mill Owner and Commission Agents, Represented b ...
Court: Andhra Pradesh
Decided on: Sep-05-1991
Reported in: 1992(1)ALT62
ORDERM.N. Rao, J.1. As all these writ petitions are inter-connected they are disposed of by this Common Order.2. In all these writ petitions ex-parte inter locutory orders were passed by the Additional District Judge, Karimnagar, who at the relevant time was functioning as the president of the District Forum, Karimnagar, under the Consumer Protection Act, 1986. In each of these cases, attachment before judgment under Order 38 Rule 5 C.P.C. was passed by the District Forum. Challenging the legality of the same the present writ petitions were filed.3. The learned counsel for the petitioner contends that the District Judge is the president of the Forum under the Act and the Additional District Judge has no jurisdiction and on this ground the orders must be set aside. The second contention advanced is that the nature of the dispute is outside the purview of the Act and therefore, there being no consumer dispute, the District Forum has no jurisdiction.4. So far as the second point is concer...
S. Nandagopalchetty Vs. United India Insurance Co. Ltd. and anr.
Court: Andhra Pradesh
Decided on: Sep-03-1991
Reported in: 1992(1)ALT248
Neeladri Rao, J.1. Both these appeals were heard together as the same point is involved.2. R-1 in OP 83/85 and OP 82/85 on the file of the Motor Accidents Claims Tribunal (District Judge) Chittoor, is the appellant in both the appeals. R-2 in each of these appeals filed the petitions under Section 110-A, Motor Vehicles Act. (for short 'M.V. Act')3. On 3-8-1984 when Sri Muneendra (Petitioner in O.P. 82/85), Sri B. Gangi Reddy (Petitioner in O.P. 83/85) and another were going on a cycle along Palamaneru-Punganuru road, Sri Vijayakumar, brother of the appellant was coming opposite to them on T.V.S. moped bearing No. ADL 1065. The Lower Tribunal found that the said moped hit the cycle on which the petitioners were going on and due to the impact, the cycle had fallen and the petitioners sustained injuries.4. The Moped bearing No. ADL 1065 belongs to the appellant. By the time of the accident, Sri Vijayakumar, the brother of the appellant was having learner's licence for the moped. The lower...
Ram Prasad Construction Co. Vs. State of A.P. Through the Superintendi ...
Court: Andhra Pradesh
Decided on: Sep-03-1991
Reported in: 1992(1)ALT264
Bhaskar Rao, J.1. This revision is directed against an order dated 15th July, '86 of the Sub-court, Khammam, condoning the delay of '67 days in filing the O.P., for making the award dated 29-10-1983 a rule of the Court.2. The relevant facts in brief are: Under a contract the revision-petitioner was entrusted with some earth work of excavation of Madhira branch-canal by the respondent State of Andhra Pradesh. Since certain disputes arose during the execution of the said work between the parties, the matter was referred to a panel of arbitrators and an award was passed on 29-10-83. The State of Andhra Pradesh filed an application under Section 17 of the Arbitration Act, 1940 before the court below for making the award a rule of the court and passing a decree in terms thereof. Along with the said application, the respondent also filed the award. Though the award was received by the State on 5-6-84, while filing the application under Section 17 of the Arbitration Act on 5-9-1984, by way of...
C.B. Anantam and ors. Vs. the Collector and anr.
Court: Andhra Pradesh
Decided on: Sep-03-1991
Reported in: 1992(1)ALT495
ORDERSivaraman Nair, J.1. These Writ Petitions relate to the acquisition of land for the purpose of widening the road connecting Bashirbagh-Abids, within the local limits of Hyderabad Municipal Corporation. Petitioners contend that there was no proper publication of the notification under Section 4(1) or the declaration under Section 6 of the enquiry notices under Sections 9 and 10 of the Land Acquisition Act. Petitioners therefore submit that the entire proceedings are illegal. 'They also contend that the proceedings are illegal. They also contend that the proceedings violated the principles of natural justice. Yet another submission is that the proceedings are vitiated by mala fides, in that, there has been collusion between the respective landlords and the Land Acquisition Officers. It is also submitted that acquisition of the respective lands involved in these Writ Petitions is not necessary for the purpose of achieving the public purpose, which has been mentioned in the land acqui...
Makireddy Bangaru Talli and anr. Vs. Collector and ors.
Court: Andhra Pradesh
Decided on: Sep-03-1991
Reported in: 1992(1)ALT441
Bhaskar Rao, J.1. In this writ petition, the petitioners seek a declaration that the Circular, R.Dis C.5(M) 3779/87 dated 20-2-88 of the 1st respondent, and another Circular M/990/87 dated -9-1987 issued by the 2nd respondent are without jurisdiction and in contravention of the provisions in Article 342 of the Constitution of India.2. The 1st respondent-Collector of East Godavari District as a measure of clarification in regard to the identification of persons belonging to Valmiki tribe, which is declared as a Scheduled Tribe in East Godavari District for the first time after Independence as per the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1956, issued the Cricular dated 20-2-88. In paragraph 18 of the Circular it is clarified that Malas or agency Malas or Valmikis, whose fore-fathers were bonafide residents of agency-tracts of East Godavari prior to 1924 and upto 6-9-1950 shall be considered to be treated as Scheduled Tribes. This guideline formulated as a measure...
Jagarlamudi Sujata and Another Vs. Jagarlamudi Jadadish Krishna Prasad ...
Court: Andhra Pradesh
Decided on: Sep-02-1991
Reported in: AIR1992AP291; 1992(1)ALT503
ORDER1. This revision is fiied against the order in I.A. No. 966 of 1987 in O.S. No. 110 of 1970 in the Court of the Subordinate Judge, Chirala.2. The 2nd respondent in this revision who is the son of the 1st respondent, filed a suit for partition against his father. The 3rd respondent is his mother. A preliminary decree was passed by the trial Court on 22-2-78. Along with the suit there were two other proceedings--one petition filed by the 1st respondent against 3rd respondent for dissolution of marriage and another suit filed by the 3rd respondent against her husband for maintenance. Both of them were also disposed of along with partition suit on the same day and the marriage between the first respondent was dissolved. In pursuance of the preliminary decree passed in O.S. No. 110 of 1970, the plaintiff who is 2nd respondent in this petition filed a final decree petition. At that stage, the petitioners have filed an application under order I Rule 10, C.P.C., to implead them as parties...
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