Andhra Pradesh Court February 1992 Judgments
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Maqbool Khan and anr. Vs. Shabjadi Khatoon and ors.
Court: Andhra Pradesh
Decided on: Feb-07-1992
Reported in: 1992(1)ALT668
ORDERNeeladri Rao, J.1. D-2 and D-3 in O.S.No. 1981 of 1982 on the file of the VIII Assistant Judge, City Civil Court, Hyderabad are the revision petitioners, Rule 1 herein filed the suit for partition of the house hearing No. l7.2.582 admeasuring 550 sq. yards situated at Kurmaguda, Saidabad. Preliminary decree was passed for partition and Rule 1 plaintiff is entitled to 1/13th and D-2 and D-3 are entitled to 2/13th each and six others are entitled to 1/13th each and the L.Rs. of the deceased defendant are entitled to 2/13th. It is a case of division of the property amongst brothers and sisters and each of the 3 brothers is given 2/13th share while each of the sisters is given l/13th share.2. Rule 1 (Plaintiff) filed I.A.No. 481 of 1987 for passing the final decree after partition of the plaint schedule house.3. Advocate-Commissioner submitted that the suit house cannot be conveniently and reasonably divided in accordance with the preliminary decree. Then the revision petitioners who ...
Central Wines and ors. Vs. Govt. of A.P. and ors.
Court: Andhra Pradesh
Decided on: Feb-07-1992
Reported in: 1992(2)ALT289
P. Venkatarama Reddy, J.1. The constitutional validity of Explanations (a) and (b) to the Sixth Schedule of the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the APGST Act') introduced by Section 15 of A.P. Act 25 of 1988 with effect from 8-7-1983 is under challenge in this batch of writ petitions filed by the dealers in liquor. A.P. Act 25/88 came into force from 6th September, 1988. In some of the writ petitions, the orders passed by the Joint Commissioner of Commercial Taxes (Legal) revising the order of the Appellate Dy. Commissioner relating to assessment year 1983-84 as a sequel to A.P. Act 25/88 have also been assailed.2. The undisputed facts are that the petitioners held at the relevant point of time two licences under the A.P. Excise Act read with A.P. Foreign Liquor and Indian Liquor Rules, 1970- one was wholesale licence known as FL 15 licence and the other was retail licence known as FL 24 licence. The wholesale licence-holder was authorised to imp...
P. Narayana Rao Vs. Smt. K. Venu Kumari
Court: Andhra Pradesh
Decided on: Feb-06-1992
Reported in: 1992(1)ALT395
ORDERA. Gopal Rao, J.1. This Revision is filed by the Plaintiff /Petitioner against the order of the lower court, dismissing the suit filed on the basis of an unregistered mortgage deed dated 1-8-1985, as not maintainable.2. Plaintiff filed the suit on the basis of two mortgage deeds, one registered and the other dated 1-8-1985 unregistered. The unregistered mortgage document was impounded, as it is not stamped, and sent to the Collector for collection of stamp duty and penalty. The Collector, treating the document as a bond, collected the stamp duty and penalty and returned the same along with his certificate to the Court. When this document was tendered in evidence, an objection was taken, that it is not admissible in evidence as it is an unregistered mortgage deed. When this order was questioned in a revision, viz., C.R.P.No. 436 of 1990, this Court by an Order dated 23-3-1990, disposed of the said revision petition, remitting the matter to the trial court for framing an additional ...
Special Deputy Collector Vs. P. Basaveswara Rao
Court: Andhra Pradesh
Decided on: Feb-06-1992
Reported in: 1992(2)ALT475
Iyyapu Panduranga Rao, J.1. Ac.3-05 cents belonging to the respondent covered by S.No. 503/3 of Gollapudi village along with some other land totaling Ac.15-81 cents were acquired for construction of a market yard as per the notification dt. 20-1-1977 issued under Section 4(1) of the Land Acquisition Act, 1894 (in brief 'the Act'). On 8-5-1981 the Collector passed award No. 1 /1981 awarding compensation at the rate of Rs. 21,700/- per acre. Aggrieved by the same, the respondent approached the learned Principal Subordinate Judge, Vijayawada under Section 18 of the Act and the learned Subordinate Judge as per the Judgment dt. 10-8-82 increased the compensation to Rs. 1,20,000/- per acre. Aggrieved by the same, the appellant Government filed this appeal. Alleging that the respondent-claimant is entitled to compensation at the rate of Rs. 1,50,000/- per acre, the respondent preferred cross-objections.2. The only point for consideration is what was the just compensation payable for the land ...
The Sub-collector and Land Acquisition Officer Vs. N. Mahaboob Saheb a ...
Court: Andhra Pradesh
Decided on: Feb-05-1992
Reported in: AIR1993AP173
1. A. S. No. 216 of 1982 is filed by the State Government against O.P. No. 15 of 1979 on the file of the Additional District Judge, Kurnool, Different claimants have filed different appeals against the same judgment contending that the compensation granted by the District Judge is too low.2. Two separate Notifications under Section 4(1) of the Land Acquisition Act ('The Act'for brevity) have issued for acquisition of land measuring about Ac. 33.12 cents and Ac. 88 cents situate at Moolasagaram village within the Municipal limits of Nandyal town for the purpose of Sreenivasanagar Co-operative House Building Society at Nandyal, on a requisition made by the said Society on 26-10-1971. Possession of the entire land covered by the two Notifications was taken on 13-1-1975. The Land Acquisition Officer, Nandyal, by his award dated 10-10-1975 granted uniform compensation at Rs. 13,000/- per acre. Dissatisfied with the quantum of compensation awarded by the Land Acquisition Officer, some of the...
Kurra Dasaratha Ramaiah and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Feb-04-1992
Reported in: 1992(1)ALT269; 1992CriLJ3485
M.N. Rao, J. 1. This criminal petition filed by A-1, A-6 and A-13 (three of the thirteen accused) in Crime No. 35/91 of Bapatla Taluk Police Station for alleged offences punishable under Ss. 120B, 44B, 147, 148, 302 read with 149 of the Indian Penal Code, seeking enlargement on bail pending enquiry and trial, has gravitated from a learned single Judge to a Division Bench and eventually to this Full Bench, the question for resolution being : 'Whether non-availability of police escort constitutes a valid ground for extending the period of remand of an accused person by a Magistrate under S. 167(2) of the Code of Criminal Procedure ?' How the reference has arisen :- The three petitioners herein are among the 13 accused in Crime No. 35/91 of the Bapatla Taluk Police Station. They were arrested on 19-7-91 and produced before the II Addl. Munsif Magistrate, Bapatla on 20-7-91 when an order was passed by the learned Magistrate remanding them to judicial custody for 14 days. Thereafter the rem...
Morasa Anjaiah Vs. Kondragunte Venkateswarlu (Died) and Others
Court: Andhra Pradesh
Decided on: Feb-03-1992
Reported in: AIR1993AP156; 1993(1)ALT57
ORDERSved Shah Mohammed Quadri, J.1. The question that arises in these civil revision petitions is; whether a party to a suit or proceeding, who fails to bring on record the legal representatives under O.22, R. 4, or whose application under the said provision has been dismissed, can have recourse to the provisions of O.1, R. 10 C.P.C. to implead the legal representative of the deceased party.2. In C.R.P. No. 3389 of 1987 the above-said question arose for consideration of a learned single Judge of this Court who felt that in view of the importance of the question the case has to be decided by a Division Bench for an authoritative pronouncement on the question.3. As C.R.P. No. 3390 of 1987 arises out of the same suit and raises the same question, it was directed to be posted along with C.R.P. 3389 of 1987.4. The respondent in the first mentioned C.r:P. filed O.S. 48 of 1984 on the file of the Subordinate Judge, Anakapalli for partition of the suit properties. Defendants 1 to 3 therein ar...
Anisetti Bhagyavathi Vs. Andaluri Satyanarayana and Others
Court: Andhra Pradesh
Decided on: Feb-03-1992
Reported in: AIR1992AP304; 1992(1)ALT455
ORDERSyed Shah Mohammed Quadri, J. 1. This review C.M.P. is referred to a Division Bench by Neeladri Rao, J. observing that maintainability of the review petitiondepends on the question whether additional evidence can be permitted at the stage of second appeal. The learned Judge noticed that on the question whether additional evidence can be admitted at the stage of second appeal the judgment of a learned single Judge of this Court in Venku Reddi v. Pichi Reddi, AIR 1956 Andh Pra 250 is in conflict with the judgment of the Madras High Court in Subba Raja v. Narayana Raja, : AIR1954Mad1074 which was delivered prior to 5-7-1954.2. The second appeal arose out of the suit filed for possession of plaint schedule premises. The suit was decreed by the trial Court. The first appellate Court confirmed the judgment and decree of the trial Court. The second appeal by the 1st defendant was dismissed. Thereafter the review petition was filed by the 1 st defendant on the ground that she discovered a...
Vandana Cylinders (P) Ltd. Vs. State Bank of India
Court: Andhra Pradesh
Decided on: Feb-03-1992
Reported in: 1992(1)ALT392
ORDERImmaneni Panduranga Rao, J.1. This revision is directed against the warrant of attachment before Judgment issued by the learned Principal Subordinate Judge Ranga Reddy District in I.A.No. 1820 of 1991. The said warrant of attachment before judgment can only be in pursuance of an order passed by the learned Principal Subordinate Judge, Ranga Reddy District in I.A.No. 1820 of 1991 but the order of the learned Subordinate Judge is not filed by the petitioner.2. The learned counsel for the petitioner vehemently argued that the affidavit filed by the Branch Manager of the respondent-Bank does not disclose the source of his information for swearing to the facts mentioned in the affidavit and as such the learned Principal Subordinate Judge committed a grave error in relying upon the allegations in the said affidavit and granting relief to the respondent by way of attachment before judgment. In support of his contention, the learned counsel for the revision petitioner relied upon the obse...
The Greater Alwal Allied Service Association Vs. the Alwal Municipalit ...
Court: Andhra Pradesh
Decided on: Feb-03-1992
Reported in: 1992(1)ALT352
ORDERImmaneni Panduranga Rao, J.1. This revision is filed by the plaintiff-Association challenging the order of the learned District Munsif, Medchal refusing to amend the plaint.2. Originally the suit was filed for a declaration that the notification dt. 18-7-89 issued by the respondent-Municipality enhancing the water cess is illegal and for an injunction restraining the respondent from collecting the enhanced water cess by virtue of the said notification.3. It is stated that after the filing of the suit and receiving the order of interim injunction the respondent has issued a fresh notification dt.28-9-91 is the same terms as the notification dt.18-7-91 whereby the water cess has been enhanced from Rs. 25/- to Rs. 40/- with effect from 1-12-91.4. The plaintiff Association filed I.A.No. 420 of 1991 for seeking amendment of the plaint to the effect that the second notification issued by the respondent Municipality is also illegal as the effect of the said notification is to frustrate t...
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