Andhra Pradesh Court February 1992 Judgments
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Puskuru Kishore Rao Vs. N. Janardhana Reddy and ors.
Court: Andhra Pradesh
Decided on: Feb-19-1992
Reported in: 1993CriLJ115
M.N. Rao, J. 1. Shri N. Janardhana Reddy, Hon'ble Chief Minister of the State of Andhra Pradesh, the first respondent herein, delivered a speech at the inaugural function of the Andhra Pradesh Judicial Academy in Secunderabad on 28-7-1991. The following is the relevant portion of speech as reported in the Hindu dated 29-7-1991 : 'Sometimes, the Chief Minister said, the judiciary was becoming an obstacle in the economic progress of the State by pronouncing arbitrary judgments in cases involving payment of compensation to the land acquired by Government for irrigation and other projects. In some cases, they were raising the compensation rate by 200 per cent (and in one case, it was 1500 times more). All this resulted in 70 per cent of the cost of the irrigation projects being spent on payment of compensations to land owners. Unfortunately, the land owners were also not getting this increased compensation as they had to shell out half of this amount to their lawyers. This had to be checke...
Ch. Narasimha Rao and ors. Vs. the Commissioner of Fisheries and ors.
Court: Andhra Pradesh
Decided on: Feb-19-1992
Reported in: 1992(2)ALT189
ORDERM.N. Rao, J.1. The fortythree petitioners herein, claiming themselves to be small agriculturists, each one of them owning less than Acs.2.5, are residents of Machilipatnam. By this writ petition, they are seeking a writ of mandamus or any appropriate writ, order, or direction, declaring the action of the first respondent, the Commissioner of Fisheries, Govt. of Andhra Pradesh, in excluding agriculturists from the grant of Govt. Land on lease for the purpose of prawn culture issuing Notification No. 21986/P2/88, dated 7-9-88 as illegal and unconstitutional, being violative of Articles 14 and 19(1)(g) of the Constitution of India.2. By the impugned notification issued by the first respondent, Govt., invited applications from three categories of persons/organisations for considering allotment of Govt. lands on lease for brackish water shrimp farming on certain conditions. The three categories of persons/organisations eligible to apply are: (1) Fishermen Co-operative Societies: (2) Se...
The Revenue Divisional Officer Vs. Manohar Reddy
Court: Andhra Pradesh
Decided on: Feb-18-1992
Reported in: 1992(3)ALT528
ORDERG. Radhakrishna Rao, J.1. A.S. No. 1228/81 was filed by the claimant aggrieved by the order and decree dated 2-1-1980 passed by the Subordinate Judge, Mahabubnagar in O.P. No. 691 / 77. Likewise, L.P. A. 184 /88 was preferred by the State aggrieved by the Judgment of a single Judge of this Court in A.S. No. 482 /80 dated 12-8-87 arising out of the order and decree dated 2-1-1980 passed by the Subordinate judge, Mahabubnagar in O.P. No. 691/77, Since both the matters arise out of the same order in O.P. 691/77, they are being disposed of together.2. The Land Acquisition Officer awarded a sum of Rs. 3/- per square yard. On reference the Civil Court passed an order enhancing the same to Rs. 20/- per square yard. Against that, the claimant filed the Appeal 1228/81. Government also filed A.S. 482/80 which came up before our learned brother K. Ramaswamy, J. as he then was, and he allowed the appeal to the extent of deducting 1/3 rd out of Rs. 20/-, for developmental activities i.e., for ...
Land Acquisition Officer, Sub-collector Vs. Hindustan Commercial and T ...
Court: Andhra Pradesh
Decided on: Feb-18-1992
Reported in: 1992(2)ALT423
G. Radhakrishna Rao, J.1. The appellant preferred this appeal being aggrieved by the Judgment and decree dated 20-9-1982 in O.P.No. 268/81 on the file of the Principal Subordinate Judge, Vijayawada enhancing the compensation to Rs. 1,75,000/- per acre for Act 4.55 of land in R.S.No. 65/A1 A as against the rate of Rs. 30,000/- per acre fixed by the Land Acquisition Officer.2. The Land Acquisition Officer, after considering the potentialities of the land duly taking into account the importance of that area and the sale-statistics furnished by the concerned authorities, valued the land under acquisition i.e., Ac.4.55 cents at Rs. 30,000/- per acre. Section 4(1) notification was published in the official gazettee on 29-10-1975. Award was passed on 5-3-1981. On reference under Section 18 of the Land Acquisition Act, the learned Subordinate Judge took into consideration Exs. A-1 to A-16, B-1, B-2 and other oral evidence adduced on both sides and awarded Rs. 1,75,000/- per acre. It must be no...
K. Narayana Prakash Vs. B. Chenga Reddy
Court: Andhra Pradesh
Decided on: Feb-17-1992
Reported in: 1992(1)ALT389
ORDERImmaneni Panduranga Rao, J.1. This is a plaintiff's revision. The' petitioner-plaintiff filed a suit for recovery of money based on a promissory note. The execution of the promissory note is admitted but the defendant pleaded that it is not fully supported by consideration and that certain payments were made by him in partial discharge of the pro-note debt. The decree was passed by the learned District Munsif, Punganur on 31-1-1990. Pleading that on 31-1-1990, the defendant was at Bangalore and was not able to attend the Munsif court due to ill health, he filed a petition under Order 9, Rule 13 of the Civil Procedure Code for setting aside the ex-parte decree, The learned District Munsif rejected that I.A., at the S.R. stage holding that the suit docket dated 31-1-1990 shows that it was represented that the defendant had no evidence and as such, the suit was decreed on merits and hence, the petition filed under Order 9, Rule 13 of the Civil Procedure Code is not maintainable.2. On...
Sakamuri Sivarambabu and anr. Vs. Parasad Sunjan Raju
Court: Andhra Pradesh
Decided on: Feb-17-1992
Reported in: 1992(1)ALT583
Bhaskar Rao , J.1. The plaintiff-appellants preferred this C.M.A. against an order of the Subordinate Judge, Guntur, returning the plaint in C.F.R. No. 11515 of 91 (Unnumbered Original Suit) with a direction to deposit the balance sale-consideration for purposes of entertaining the suit for specific performance of the agreement of sale.2. The brief facts relevant for the present purpose are: On 10-12-1990 the defendant-respondent executed an agreement of sale in respect of plaint 'A' schedule properties in favour of the plaintiffs for a total consideration of Rs. 6,40,000/- and received on the very same day an amount of Rs. 50,000/-(Rs. 25,000/- in cash and the balance of Rs. 25.000/- through cheque) towards advance purchase money agreeing to execute the regular sale-deed in the names of the plaintiffs or their nominees. Subsequently, the plaintiffs also paid Rs. 90,000/- on 22-12-90 and Rs. 20,000/- on 20-4-'91. They also made arrangements for payment of the balance through the Life I...
Y. Ganganaidu Vs. M. Surkantam
Court: Andhra Pradesh
Decided on: Feb-14-1992
Reported in: AIR1993AP130; 1992(3)ALT373
ORDER1. The defendant in O.S. 231/85 on the file of the First Additional District Munsif, Bhimavaram is the revision petitioner. He filed LA. 1153/89 under Order 26 Rule 1 of Code of Civil Procedure for appointment of Commissioner to record theevidence of one Grandhi Suryanarayana. The witness is said to be seventy five years old and he is unable to move. That application was contested by the plaintiff/ respondent, on the ground that there is no necessity to examine the said witness. 2. The trial court dismissed the petition on 20-3-1990 holding that under Section 91 of the Evidence Act when the terms of a contract or pf a grant or any other disposition of the property have been reduced into the form of a document, no evidence shall be given in proof of such document except the document itself. The correctness of that order is assailed in this Civil Revision Petition. 3. Shri E. S. Ramacharidra Murthy, the learned counsel for the petitioner, submits that the order suffers from an error...
Union Road Ways (P) Ltd. Vs. Shah Ramanlal Ritesh Kumar and anr.
Court: Andhra Pradesh
Decided on: Feb-14-1992
Reported in: 1992(1)ALT643; [1993]76CompCas315(AP)
J. Eswara Prasad, J. 1. The petitioners are accused in C.C. No. 110 of 1990 on the file of the VII Additional Judicial First Class Magistrate, Vijayawada, for the offences punishable under sections 138 and 142 of the Negotiable Instruments Act, 1881. 2. The first petitioner is the company and the second petitioner is the director. According to the complainant, a cheque was issued by the second petitioner for Rs. 15,000 on June 8, 1990, in favour of the first respondent and the said cheque was presented on June 19, 1990, and was returned by the bank on June 20, 1990, with an endorsement 'refer to drawer'. Presuming that the said endorsement made that the said cheque was issued without necessary funds in the account of the petitioners, the respondent laid the complaint, stating therein that he issued a registered notice dated June 23, 1990, calling upon the petitioners to pay the said amount and the petitioners have failed to pay the amount. 3. Learned counsel for the petitioners submits...
S.K. Khuddus Vs. Managing Director, A.P. State Warehousing Corporation ...
Court: Andhra Pradesh
Decided on: Feb-14-1992
Reported in: 1992(2)ALT127; (1993)ILLJ13AP
ORDERBhaskar Rao, J. 1. This writ petition is filed under Article 226 of the Constitution of India for issue of a writ, order or direction, more particularly in the nature of mandamus, declaring the action of the 1st respondent in dismissing the petitioner from service without conducting enquiry as arbitrary, illegal and mala fide; declaring the de novo enquiry intiated by the 1st respondent as illegal and consequently to drop the same; and to direct the respondents to regularise the services of the petitioner as Junior Assistant in the A.P. State Warehousing Corporation along with other candidates following G.O. Ms. 117, Food and Agriculture (Marketing-I) Department, Government of Andhra Pradesh, dated February 19, 1990.2. In the affidavit filed in support of the writ petition it is alleged that the petitioner was employed as Junior Assistant on daily wage basis in the Guntur Warehousing Corporation, Unit-II, in year 1986, that he was discharging his duties satisfactorily, that throug...
Korru Venkataramana Reddy and anr. Vs. K. Venkatarami Reddy and ors.
Court: Andhra Pradesh
Decided on: Feb-14-1992
Reported in: 1992(3)ALT684
Y. Bhaskar Rao, J.1. Plaintiffs are the appellants herein. Defendant-Respondents 2 to 4 are the sons of the 1st defendant while 5th and 6th defendant-respondent are the sons of 2nd and 4th defendants respectively. The 3rd defendant is the father of the plaintiffs.2. The suit filed was for partition of the plaint 'A' and 'B' schedule properties and allotment of one-sixth share therein to the plaintiffs on the ground that the plaintiffs and defendants constitute a Joint Hindu Family. The main plea of the defendants was that pursuant to the agreement, Ex.X-1, entered into by Defendant Nos. 1 to 4- to refer the matter to arbitration for purposes of partitioning the properties between D-3 on one hand and D-1, D-2, and D-4 on the other Ex. B-l award dt. 5-6-70 was made and as per the said award the properties covered by 'A' and 'B' schedules to the written statement filed by the defendants were allotted to the 1st, 2nd and 4th defendants as one unit and the 3rd defendant as other respectivel...
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