Andhra Pradesh Court December 1992 Judgments
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M. Chandrasekhara Reddy Vs. the Deputy Registrar of Co-op. Societies a ...
Court: Andhra Pradesh
Decided on: Dec-31-1992
Reported in: 1993(1)ALT529
ORDERImmaneni Panduranga Rao, J.1. These two Writ Appeals arise out of the judgment of the learned single Judge in Writ Petition No. 366 of 1980 granting a writ of Certiorari quashing the order of the first respondent dated 29-12-79 confirming the order of the second respondent dated 11-9-79 in C.E.P. No. 252 of 78-79.2. We shall adopt the ranking of the parties as in the Writ Petition. The petitioner borrowed Rs. 11,900/- from the Gudur Co-operative House Building Society Ltd., Gudur in 1955-56 payable in 180 monthly instalments of Rs. 100-46 ps. each. As he failed to repay the loan, the third respondent initiated proceedings under Section 61 of the Co-operative Societies Act (hereinafter referred to as 'the Act') which was referred to an arbitrator under Section 62 of the Act and a decree was passed for Rs. 12,938-39 ps. Thereupon the third respondent initiated execution proceedings for recovery of Rs. 16,228-60 ps. The house of the petitioner was put to auction on 16-3-76. As the hi...
Puttur Murugesa Reddy Vs. A. Subbamma and ors.
Court: Andhra Pradesh
Decided on: Dec-30-1992
Reported in: 1993(1)ALT313
ORDERS.V. Maruthi, J.1. This Revision petition is filed against the order of the Principal Subordinate Judge, Tirupati in I.A.No. 355/92 dismissing the petition filed by the petitioner for impleading him as the 6th defendant in the suit.2. The facts in brief areas follows: One P. Govinda Reddy had three sons viz., P. Gangi Reddi, Chengalraya Reddy and Subrahmanyam Reddy and one daughter, Rajamma. His wife's name is Kannamma. The said Govinda Reddy died on 14-10-1981. Plaintiff is the daughter of Gangi Reddy. Chengalraya Reddy has no children and Subrahmanyam Reddy has three sons. The petitioner in the revision petition is the son of Subrahmanyam Reddy. The plaintiff filed a suit for partition of plaint A and B Schedule properties. The suit is filed on the basis of a registered settlement deed dt.25-3-1982 executed by her father P. Gangi Reddy. She impleaded the father, Chengalraya Reddy, Subrahmanayam Reddy and grand-mother Kannamma. During the pendency of the suit, Kannamma died and h...
Syed Anwar and ors. Vs. the Employees of the A.P. D.D.C.F. Ltd., India ...
Court: Andhra Pradesh
Decided on: Dec-30-1992
Reported in: 1993(1)ALT720
V. Sivaraman Nair, J.1. The question involved in this Writ Appeal is as to whether the prescription of a ratio of 1:3 between diplomates and graduates for promotion to the post of Managers, Grade-I in the A.P. Dairy Development Co-operative Federation is discriminatory and therefore violative of Article 14 of the Constitution of India. The appellants are graduate officers who want to sustain the ratio whereas the 1st respondent is an association of diploma-holders in service, who succeeded in the Writ Petition assailing the ratio. We will refer to the parties as they appeared in Writ Petition No. 12548/85 which the learned single Judge has allowed.2. Petitioner represented non-graduate employees of Dairy Development Co-operative Federation Limited (Indian Dairy Diploma-holders Welfare Association). Respondents 2 to 5 were graduate employees of the same Federation. The service rules provided for the ratio of 1:3 between Diploma- holders and graduates for promotion as Grade-I officers. T...
N. Ramakrishna, Basket Ball Coach, Dist. Sports Authority Vs. Sports A ...
Court: Andhra Pradesh
Decided on: Dec-30-1992
Reported in: 1993(2)ALT407
ORDERJagannadha Raju, J.1. This writ petition is filed by a Basket Ball Coach Grade-II claiming that he should have been promoted as Grade-I Coach with effect from 9-10-1980 when he became eligible for promotion or atleast with effect from 1-7-1982 when his juniors were promoted as Grade-I Coaches. He prayed for a writ of (sic).2. The facts pertinent for decision of this writ petition are as follows:The petitioner was appointed as a Grade-III Coach on 2-3-1970. Subsequent he was promoted as Grade-II Coach on 10-4-1975 and on his representation that he is eligible to be promoted as per Rules from 10-4-1973 his claim was conceded and was given retrospective promotion with effect from 10-4-1973 granting him monetary benefit only from 1-7-1978. He claims that under the Rules, after completing 71/2 years of service as a Grade-II Coach, he is entitled to be promoted as a Grade-I Coach and as he completed 71/2 years of service as a Grade-II Coach by 10-10-1980, he should have been promoted fr...
C. Meena Vs. C. Suresh Kumar
Court: Andhra Pradesh
Decided on: Dec-29-1992
Reported in: 1993(1)ALT1; I(1993)DMC559
Ramakrishnam Raju, J.This Civil Miscellaneous Appeal is filed under Section 28 of the Hindu Marriage Act by the wife who is the respondent in the lower Court, questioning the decree passed for judicial separation under Section 10 of the Hindu Marriage Act in O.P. No. 209 of 1986, filed by the husband respondent herein, seeking divorce under Section 13(l)(ia) of Hindu Marriage Act, by dissolving the marriage between the appellant and the respondent.1. The case of the respondent as stated in the Original Petition, filed before the lower Court is as follows :- He married the appellant in the year 1977 at the house of the appellant's parents at Shah Inayat Gunj, Hyderabad according to Vedic rites and the customs of the community to which the parties belong. A daughter and a son were born in lawful wedlock. They are named, Vandana and Raghavender respectively. The appellant is the daughter of the maternal uncle of the respondent. His maternal uncle is doing of Transport business and he has ...
K. Hara Gopal and ors. Vs. K. Venkata Ratna Kumar and anr.
Court: Andhra Pradesh
Decided on: Dec-29-1992
Reported in: 1993(1)ALT482
ORDERP.L.N. Sarma, J.1. These references have been made by the IIIrd Additional District Judge, Visakhapatnam under Section 113 read with Order 46, Rule 1 of the Code of Civil Procedure on an objection raised by the respondents before him in the appeals regarding the competency of the said Court to entertain the appeals whose value is less than Rs. 30,000/- arising out of suits instituted prior to the passing of the Andhra Pradesh Civil Courts (Amendment) Act, 1984 (Act 19 of 1984), hereinafter referred to as the Act 19 of 1984'.2. The relevant facts are as follows:3. Respondents in the appeals before the learned IIIrd Additional District Judge, Visakhapatnam were the plaintiffs. Defendants in the respective suits filed the appeals before the IIIrd Additional District Judge.4. As the facts are identical in both the matters, we will take up R.C. (SR) No. 26223 of 1991.5. Plaintiffs therein filed the suit O.S.No. 197 of 1983 on the file of IInd Additional Sub-Court, Visakhapatnam for dec...
Kohinoor Builders, Rep. by Its Managing Partner, Bhaktiyar K. Khan Vs. ...
Court: Andhra Pradesh
Decided on: Dec-28-1992
Reported in: 1993(2)ALT160
Sivaraman Nair, J.1. This Writ Appeal is filed from the Judgment in Writ Petition No. 4564/1985 and Review W.P.M.P.2621 /86. The Writ Petition was dismissed as infructuous by judgment dt.28-1-1986. Appellant filed a Review application, which was dismissed on 26-3-1986.2. Appellant claims that the firm which he represents had 8,000 square yards of land in between Ravindra Bharathi on the one side and Reserve Bank of India building on the other. The firm had applied for permission to construct two residential blocks and one office block in the above area. The residential blocks were to consist of 1+12 and 1+13 storeys each whereas the office block was to consist of ground and two upper floors. The Municipal Corporation of Hyderabad granted permission for construction of 1+11 and 1+12 floors in the two residential blocks and 1+1 floors in the office block. That permission was granted on 15-5-1981. It appears that there was some objection relating to the construction of the above building,...
The Special Dy. Collector (Market Value), Registration of Stamps and o ...
Court: Andhra Pradesh
Decided on: Dec-28-1992
Reported in: 1993(1)ALT582
Immaneni Panduranga Rao, J.1. The short question that arises for consideration in this case is whether the action of the Joint Sub-Registrar (the third respondent herein) in computing the value of the house property at 18 times the annual rental value of the building for arriving at the valuation of the said property for the purpose of levying stamp duty and registration charges is proper?2. The facts leading to the filing of the Writ Appeal are briefly as follows: The respondent herein presented a sale deed for registration showing the valuation at Rs. 1,09,478/- for a flat purchased by him at Adarshnagar. The plinth area of the flat is 17,140 sq. feet and the monthly rental value for the premises is Rs. 650/- per month which is split up into Rs. 400/- towards rent of the building and Rs. 250/- for fixtures.3. After registering the document, the third appellant arrived at the valuation of the property at Rs. 1,40,400/- and sent the registered document to the Collector under Section 47...
P.G. Tilak Vs. the Deputy Registrar of Co-operative Societies and ors.
Court: Andhra Pradesh
Decided on: Dec-28-1992
Reported in: 1993(2)ALT217
ORDERB. Subhashan Reddy, J.1. This writ petitioner raises an important point for consideration as to whether an order which is appealable under a statute before a particular forum is made appealable to a different forum because of the amendment in the statute.2. The matter arises under the A.P. Co-operative Societies Act, 1964 (in brief 'the Act'). The cause arose because of the surcharge order passed by the 1st respondent herein in exercise of his powers contained under Section 60 of the Act. The petitioner, who was the ex-President of the Primary Agriculture Cooperative Society, Julurupadu of Khammam District, was again elected as the Director of the said Society from Ward No. 5 during committee elections held in the month of January, 1992. The 1st respondent served him with surcharge orders under Section 60 of the Act on 6-2-1992 and the same pertains to the earlier period of Managing Committee and not to the present period after January, 1992. Challenging the said surcharge order, ...
Smith, Klims Beechan Consumer Brands Ltd. (Formerly Hmm Ltd.) Vs. Asst ...
Court: Andhra Pradesh
Decided on: Dec-24-1992
Reported in: 1993(67)ELT469(AP)
ORDERS.V. Maruthi, J.1. The question that arises for consideration on this Writ Petition is whether the Assistant Collector of Central Excise viz., 1st respondent herein has jurisdiction to issue the impugned show cause notice dated 29th September, 1992. 2. The petitioner-Company manufactures malted milk food products like Horlicks, Boost falling under the Central Excise Tariff Item No. 1901.19. They have filed price lists for the years 1986-87, 1987- 88, 1988-89, 1989-90 and 19990-91 on 13-9-1987, 19-8-1989, 7-9-1990 and 16-7-1991 respectively. 3. In the price lists the petitioner-company has claimed deductions from the prices on account of trade discounts, freight, insurances, turnover tax octroi sales tax, basic excise duty and special excise duty and distribution expenses. The Assistant Collector by order dated 31-10-1991 finalised the price list and allowed dedications from the prices in respect of all the items except the distribution expenses. On appeal, the Collector confirmed ...
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