Andhra Pradesh Court October 1992 Judgments
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K. Lakshmana Rao and Etc. Vs. Gulam Habeeb Khan and Others
Court: Andhra Pradesh
Decided on: Oct-13-1992
Reported in: AIR1993AP144; 1992(3)ALT481
ORDER1. These 4 revision petitions arise under the provisions of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960. The petitioners are the tenants who are unsuccessful in both the Tribunals below and suffered orders of eviction from non-residential premises owned by the three respondents/landlords. The respondents had instituted the proceedings under the above Act for the eviction of the petitioners herein on the ground of personal requirement and after comprehensive enquiry into the said aspect, the Rent Controller held that though for the 1st respondent, personal requirement was not proved beyond doubt, as proof varied with pleadings, the said Tribunal had emphatically found that the personal requirement of respondents 2 and 3 for setting up their business is bona fide. So far as the factum of bona fides as regards the requirement for personal occupation by the respondents 2 and 3 is concerned, there is concurrent finding of fact and the same is not open in revis...
K. Anjaneyulu Vs. Deputy Registrar, Co-operative Societies and anr.
Court: Andhra Pradesh
Decided on: Oct-13-1992
Reported in: 1993(1)ALT54
ORDERB. Subhashan Reddy, J.1. This is a writ petition questioning the impugned order which was passed by the first respondent herein, purporting to exercise his power under Section 21-A(1)(b) of the Andhra Pradesh Co-operative Societies Act, 1964 read with Rule 24(1)(b) of A.P. Co-operative Societies Rules, on the ground that the petitioner who is presently elected as the President of Yellampally Primary Agricultural Co-operative Credit Society was in default of payment of money on the date of filing of the nomination and thus incurred disqualification for Membership of Society and ultimately the Presidentship also.2. It is stated that the petitioner had availed the loan facility from the erstwhile Primary Agricultural Development Bank, Kadiri, and that the same was merged with Anantapur District Co-operative Central Bank Limited. The entire loan was not remitted back by the petitioner and there was balance payable, but the petitioner states that he was under the bonafide impression th...
The Project Director (R and B) Vs. Haabia Advertising (India) Pvt. Ltd ...
Court: Andhra Pradesh
Decided on: Oct-13-1992
Reported in: 1993(1)ALT71
S.B. Majmudar, C.J.1. This appeal arises out of the order passed by the learned single Judge in Contempt Case No. 442 of 1991 whereunder the learned Judge found that the appellant herein has committed contempt of this Court in forcibly removing certain hoardings put up by the original writ petitioner-respondent herein, at Visakhapatnam by flouting the order passed by this Court in Writ Petition No. 17854 of 1986. That petition was moved by the original writ petitioner-respondent herein against three parties viz.,(i) Visakhapatnam Urban Development Authority represented by its Vice-Chairman/Managing Director, Visakhapatnam.(ii) Department of Roads & Buildings, National High Way Section, Visakhapatnam represented by its Executive Engineer(iii) Department of Roads & Buildings, Seethammadhara, Visakhapatnam, represented by its Superintending Engineer.2. The appellant herein is the Project Director, Roads and Buildings, incharge of Special National High Way No. 5, ADB Circle, Visakhapatnam....
M. Venkateswara Rao Vs. Medarametla Venkateswarlu and ors.
Court: Andhra Pradesh
Decided on: Oct-13-1992
Reported in: 1992(3)ALT468
ORDERRadhakrishna Rao, J.1. Since common questions arise in Crl. P. Nos. 403 and 404 of 1992, both were heard together and are being disposed of by a common judgment.2. Crl.P. No. 403 of 1992 arises out of CC. No. 104 of 1991 and Crl.P. No. 404 of 1992 arises out of C.C. No. 105 of 1991 on the file of the learned II Additional Munsif Magistrate, Ongole. Both the Criminal Petitions were filed under Section 482 Cr.P.C. to quash the proceedings in C.C.Nos. 104 and 105 of 1991 respectively which were initiated under Section 200 Cr.P.C. and Section 138 of the Negotiable Instruments Act, 1988 (hereinafter referred to as 'the Act').3. The facts leading to the filing of the two Criminal Petitions are, briefly, as follows:The petitioner in both the Criminal Petitions is the same. The petitioner borrowed a sum of Rs. 1,00,000/- from the first respondent in Crl.P. No. 403 of 1992 on 27-11-1990. On the same date, the petitioner executed a letter, a promissory note and also issued a post-dated cheq...
M. Chandraiah and anr. Vs. the Commissioner, Land Reforms and Urban La ...
Court: Andhra Pradesh
Decided on: Oct-13-1992
Reported in: 1992(3)ALT573
ORDERB. Subhashan Reddy, J.1. Though more than one contentions have been raised, particularly stressing on the nature of the property as to whether self-acquired or joint family, only one contention deserves consideration and not the remaining contentions.2. The said contention which deserves consideration is with regard to availability of area for exemption under G.O.Ms. No. 733 Revenue (UC. III) Department, dated 31-10-1988. This contention was raised as a third contention before the first respondent herein. While the petitioners pleaded that even assuming that the land in question was to be treated as a separate property of the first petitioner herein, the same stands exempted by virtue of the G.O. referred to above. The legal aspect as to whether an application has to be filed seeking exemption pursuant to the above G.O., or the above G.O. perse exempts the extent of the land mentioned in it was already decided by me in Nalla Yakoob v. Covt of A.P. and Ors., 1992 APLJ 411.3. In the...
K. Audisesha Reddy Vs. the A.P. State Electricity Board Rep. by Its Se ...
Court: Andhra Pradesh
Decided on: Oct-13-1992
Reported in: 1992(3)ALT742
ORDERB. Subhashan Reddy, J.1. At issue, in this writ petition is as to whether inspite of the fact that the period of suspension is treated as on duty in an order passed in disciplinary proceedings against an employee, can the disciplinary authority, order withholding of the pay during the suspension period as a measure of punishment.2. The facts, briefly stated, are thus: The petitioner was first recruited as Junior Engineer in the Electricity Department of Government and thereafter, after promotion as Divisional Engineer, his services were transferred and placed at the disposal of the 1st respondent-Board during the year 1973 and three years later, he was promoted to the post of Superintending Engineer (Electrical). While working so in the said post, he was placed under suspension on 28-2-1983 in a disciplinary action initiated against him. The charges levelled are 8 in number which are extracted below:CHARGE NO. 1 : An amount of Rs. 603.96 lakhs was spent on revetments (293.49lakhs)...
G. Thimma Reddy and ors. Vs. the Special Tahsildar, Land Reforms and o ...
Court: Andhra Pradesh
Decided on: Oct-13-1992
Reported in: 1992(3)ALT733
ORDERB. Subhashan Reddy, J.1. These four Civil Revision Petitions arise under the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (in brief 'the Act') which came into effect from 1-1-1975 onwards.2. One G. Virupaksha Reddy was the 'kartha' of the joint family owning the lands in question. He had two wives viz., Nagalakshmamma and Sumitramma. Through Nagalakshmamma, he had no issues and thereafter he married Sumitramma and through her begot three sons viz., Thimma Reddy, Hanumantha Reddy and Srinivasa Reddy and four daughters Ramalingamma, Parijathamma, Sarojamma and Sunithamma. Out of the above offsprings, son Thimma Reddy and daughters Ramalingamma, Parijathamma and Sarojamma were majors, while Hanumantha Reddy, Srinivasa Reddi and Sunitamma were minors. Six declarations have been filed by the following family members:(1) G. Virupaksha Reddy (C.C. No. 2442/ALUR/75)(2) G. Thimma Reddy (C.C. No. 2443/ALUR/75)(3) G. Sarojamma (CC. No. 2446 ALUR/75)(4) G. Hanumantha Reddy (...
Land Acquisition Officer and Sub-collector Vs. Ch. Seetharama Prabhaka ...
Court: Andhra Pradesh
Decided on: Oct-12-1992
Reported in: 1993(1)ALT49
ORDERImmaneni Panduranga Rao, J.1. The Government have preferred this appeal against the award of compensation at Rs. 40,000/- per acre for the area of 79cents in R.S.No. 459/3A and 24 cents in R.S.No. 459/4B of Gunupudi (v) in West Godavari district.2. It is stated that including the land concerned with this appeal, a total extent of Ac.4-36 cents belonging to two other claimants was also acquired under the same notification issued under Section 4(1) of the Land Acquisition Act on 28-7-1976. By award dt.31-8 76 the Land Acquisition Officer has awarded compensation at Rs. 5,660/- per acre for the land and at Rs. 3,500/- for the tree situated in R.S.No. 459/3A.3. Challenging that compensation, the appellant herein sought a reference under Section 18 of the Land Acquisition Act. The learned Subordinate Judge relying upon the evidence of P.W.2 to the effect that the acquired land is lower in level than the road by three feet and that the acquired land requires a lot of amount for levellin...
The Nandyal Co-op. Spinning Mills Ltd., Rep. by Its Managing Director ...
Court: Andhra Pradesh
Decided on: Oct-12-1992
Reported in: 1993(1)ALT173
ORDERN.D. Patnaik, J.1. This revision petition is filed against the orders of the Subordinate Judge, Nandyal in O.P.No. 167 of 1988 appointing an arbitrator on the petition filed by the first respondent under Section 8 of the Arbitration Act.2. The first petitioner is the Nandyal Co-operative Spinning Mills Limited and the second petitioner is its Managing Director. In 1986, the first petitioner called for tenders for construction of ancillary building. The first respondent was given the contract for constructing the building for an amount of one crore rupees. The contract was concluded on 11-2-1986 stipulating that the building should be completed within a period of 14 months. On 22-5-1987 the first respondent, who is the contractor, gave an application to the petitioners for extension of time for completion of the contract till 31-10-1987 and later on 27-7-1987 the contractor addressed a letter to the petitioners to refer certain disputes to arbitration. The petitioners sent two lett...
Lanka Suryaprakash Rao and Others Vs. Gadigatla Venkaramanna Chowdary ...
Court: Andhra Pradesh
Decided on: Oct-01-1992
Reported in: AIR1994AP53
ORDERV. Neeladri Rao J.1. This Civil Revision Petition was posted before the Bench in view of the reference made by Sri G. Rama-nujulu Naidu, J.1 A. The facts which have given rise to this Civil Revision Petition are as under: The 2nd respondent herein filed O.S. No. 57/83, Sub-Court, Tanuku, a suit for partition as against his father, who is R-1 herein. That suit ended in a compromise. A decree for Rs. 3,513/-towards decree costs was passed in favour of R-1 herein as against R-2 in the said suit. R-1 herein filed E.P. No. 54/85 on 9-10-85 for execution of the said decree. He prayed for attachment of the immoveable properties and for sale of the same. The attachment was effected on 11-10-1985. R-2 herein raised some objections in the said execution petition. But he deposited the decretal amount of Rs. 3,513/- on 16-10-85 without prejudice to his contentions. On 28-10-85 R-l herein filed E. A. No. 282/85 praying for issual of a cheque for the said amount. On 9-12-1985 the learned Subord...
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