Andhra Pradesh Court April 1992 Judgments
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Adduru Dasaratha Rami Reddy and Another Vs. Vamireddy Vishnu (Minor)
Court: Andhra Pradesh
Decided on: Apr-20-1992
Reported in: AIR1992AP307
ORDER1. All these revision petitions were heard together, as the same point is involved.2. The point which falls for consideration is as to what security has to be furnished under O. 38, R. 6 of C.P.C. The facts Which give rise to the above point are as under:The revision petitioners herein are the defendants in OS Nos.270/91, 223/91, 219/91,221/91,225/91 and 227/91, Principal Sub Court, Tirupathi respectively. The plaintiffs-respondents in the respective suits filed petitions under O.38, R. 5 of C.P.C. for attachment before judgment of the properties referred to in the petitions. The lower Court ordered the revision petitioners to furnish security for the suit amounts failing which the attachment should be effected. Then Smt. B. Pandmaja the sister of the second revision petitioner agreed to furnish security for the suit amounts in all these cases. It is submitted for the surety that she is having 1/4th undivided share in the building under the name and style of Jyothi Talkies and the...
The Palukur Labour Contract Co-operative Society Vs. the Director of M ...
Court: Andhra Pradesh
Decided on: Apr-20-1992
Reported in: AIR1992AP320; 1992(2)ALT69
ORDERB. Subhashan Reddy, J. 1. This Writ appeal is directed against the judgment dated 12-8-1991 passed by the learned single Judge in W.P. No. 4748 of 1989. The matter relates to quarry lease of lime stones slab over an extent of 16 hectares (equivalent to 40 acres) in Sy. No. 650/1 of Palukuru Village of Banganapally Mandal, Kurnool District. The said quarry lease was earlier held by one Mr. E.K. Venkatesham and the same expired on 20-8-1987. The grant of leases and renewals thereof of the quarries of instant nature are governed by the Andhra Pradesh Mines and Mineral Concession Rules, 1966 which were framed under rule making power under the Mines and Minerals Regulation and Development Act, 1957 which are hereinafter referred to as 'the rules' Rule 13(2) of the said rules contemplates of making renewal application by the existing lessee and the time fixed for making such an application is 90 days before the expiry of the said lease. Mr. E.K. Venkatesham, had in fact applied for the ...
Y. Satyanarayana and ors. Vs. Y. Venkata Lakshmi and anr.
Court: Andhra Pradesh
Decided on: Apr-20-1992
Reported in: 1992(3)ALT372
Radha Krishna Rao, J.1. On account of late payment of batta that has been ordered to be paid on the N.B.Ws. issued to A-1 and A-2, the present petitioners, A-4 to A-7 filed this application to discharge them. This case has got its own history. The husband went upto the Supreme Court about the discharge, but ultimately the Supreme Court directed to proceed with the trial. Thereafter, A-1 and A-2 were residing in America. It has become very difficult for the complainant to get the addresses of A-1 and A-2 who are residing in America. When there is delay in giving the addresses or paying the batta and the other accused are aware of the addresses and never co-operated with the court for speedy disposal of the case, it cannot lie in the mouth of the petitioners now to plead that they are entitled for discharge. When the other accused are aware of the addresses of A-1 and A-2 and they are not co-operating and it has become very difficult for the complainant to know the addresses of the perso...
Nalla Yakoob S/O Bala Gattaiah Vs. the Govt. of A.P. Revenue (Uc.ii) D ...
Court: Andhra Pradesh
Decided on: Apr-20-1992
Reported in: 1992(2)ALT473
ORDERB. Subhashan Reddy, J.1. The impugned order dated 18-2-1992 is contrary to the general exemption granted under Section 20 of Urban Land (Ceiling and Regulation) Act, 1976 under G.O.Ms. No. 733 Revenue (UC-2) Department, dated, 31-10-1988. The excess land in question is 1093 sq. mts. for which exemption was sought for by the petitioner before the issuance of the above G.O.Ms. No. 733, dated 31-10-1988. The said application was filed during the year 1983 when the said G.O.Ms. No. 733 was not in existence. But, in view of the issuance of the said general exemption contained in G.O.Ms. No. 733, dated 31-10-1988, no permission for exemption is necessary as the land stands exempted automatically under the said G.O. The only question to be considered is whether the said land is within the agglomeration area or peripheral area. This issue has been adjudicated by the competent authority and Special Officer in his proceedings in U.C. Case No. A5/A1/4174/76. There are two issues framed. Seco...
J. Narsimlu Vs. the District Collector and ors.
Court: Andhra Pradesh
Decided on: Apr-20-1992
Reported in: 1992(2)ALT711
ORDERSubhashan Reddy, J.1. This Writ Petition challenges the action of the 2nd respondent herein in seeking to reserve shop No. II of Sharjakhanpet village, Kosgi Mandal, Mahabubnagar District in favour of Scheduled Caste and Scheduled Tribe candidates as contained in its proceedings No. C/3380/91, dated: 5-8-1991, as illegal and arbitrary.2. Previously, the shop was held by the petitioner since the year 1988 onwards. But, the authorisation was cancelled by ordersdated:31-7-1991 issued by the 2nd respondent herein in view of setting aside the previous governmental orders-relating to the appointing authority and appellate authority. In consequence of it, G.O.Ms.No. 19, dated 8-1-1990 was issued. As such, pursuant to G.O.Ms.No. 19, a fresh notification was issued by the 2nd respondent on 5-8-1991. But, in the notification at the 1st paragraph, it is stated that applications will be received only from Scheduled Tribe or Scheduled Caste persons. In the very second paragraph, it is stated t...
Dr. A.S. Chandra and ors. Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Apr-17-1992
Reported in: 1992(1)ALT713
ORDERM.N. Rao, J.1. In this batch of cases common questions arise for consideration and so we are inclined to deal with them by this common judgment. Writ Appeal No. 1402 of 91 is from the order of our learned brother Sivaraman Nair, J., in W.P.No. 15595 of 91 dismissing the writ petition filed by Dr. A.S. Chandra, a private medical practitioner running Sarada Nursing Home in Chirala, Prakasam district. The wife of the fourth respondent received treatment as an out patient between 15-7-91 and 26-7-91 at Sarada Nursing Home for Epigastrium and Chest pain and Nausea. After routine tests were conducted she was admitted as an inpatient on 26-7-91 and operated for Cystectomy, Hystrectomy and Appendectomy. When Laparotomy test was conducted upon her on 15-8-91 it was found that she developed Peritonitis. The nursing home collected Rs. 500/- towards medical fee and Rs. 200/- each for the anaesthetist and two surgeons, Rs. 1,100/- in all. The patient had to be removed to the Government Hospita...
Government of Andhra Pradesh and Others Vs. C. Kondapi
Court: Andhra Pradesh
Decided on: Apr-16-1992
Reported in: AIR1992AP324; 1992(2)ALT549
ORDERMohd. Sardar Ali Khan, J.1. W.A.No. 1080/88 and W.A. No. 1088/88 go hand in hand together over a common area of facts and share common questions of law between themselves. Hence both the cases have been taken up together and are being disposed of by a common judgment.2. W.A.No. 1080/88 has been filed by the Government of Andhra Pradesh represented by its Secretary, Revenue Department and two others against the judgment dated 23-2-1988 passed in W.P. No. 2878 of 1986 mainly on the ground that the learned single Judge committed an error in issuing a writ of mandamus directing the Government to sell the Government land to the petitioner, who is a private party, at a fixed price. It is also averred that the petitioner, in whose favour the judgment of the learned single Judge had been passed, had no legal right to claim the Government land and hence the plea of mandamus on his behalf is totally unwarranted.3. W.A. No. 1088/88 is, on the other hand, filed by the writ petitioner Mr. C. K...
Port and Dock Employees, Assn. Vs. Govt. of India and ors.
Court: Andhra Pradesh
Decided on: Apr-16-1992
Reported in: 1992(2)ALT587; (1993)IIILLJ186AP
Sivaraman Nair, J.1. The only question which arises in this writ petition is whether the third respondent was right in his order in I.T.I.O. No. 6/90 (Central), dated, 9.8.1991. In the above order the Industrial-Labour Court, Visakhapatnam, held that it has no jurisdiction to entertain the application for the reason that the name of the Presiding Officer constituted by the State has not been notified by the Central Government as prescribed under Rule 5 of the Industrial Disputes Act.2. Section 7A constitutes Industrial Tribunals and provides that a Tribunal shall consist of one person only to be appointed by an appropriate Government. Section 10 deals with reference of disputes to Boards, Courts or Tribunals and provides that, if an appropriate Government is of the opinion that, any industrial dispute exists or is apprehended, it may at any time by order in writing refer a dispute to-'(a) a Board for promoting a settlement thereof; or(b) refer any matter appearing to be connected with ...
N. Ramachandra Reddy Vs. State of A.P. Rep. by Its Secretary to Govern ...
Court: Andhra Pradesh
Decided on: Apr-16-1992
Reported in: 1992(2)ALT746
ORDER1. Petitioner seeks continuance in service upto 60 years in view of number of decisions of this court declaring that G.O.Ms.No. 144 dt.12-2-1981 and G.O.Ms.No. 472 dt.19-5-82 do not apply to Lecturers of private colleges. Counsel for the petitioner made specific reference to three writ petitions. W.P.No. 608/80 filed by two Lecturers of the same college was disposed of along with a batch of writ petitions by Division Bench of this court by Judgment dt.25-8-90 on the assumption that they were Lecturers in Colleges which are affiliated to Andhra University, or Sri Venkateswara University or Osmania University. On the basis of the above Bench decision, S. Parvatha Rao, in W.P.No. 4855/87 on 27-12-1991 and M.N. Rao, J. in W.P.No. 412/90 on 10-10-1990 have also allowed writ petitions filed by Lecturers of Junior Colleges.2. Third respondent has filed a counter-affidavit stating that the third respondent-Junior College was affiliated only to the Board of Intermediate Education and not t...
C.V.V. Reddy Vs. Team Leader, Army Team Bharat Dynamics Ltd. and ors.
Court: Andhra Pradesh
Decided on: Apr-15-1992
Reported in: 1992(2)ALT363; (1993)ILLJ194AP
ORDER1. In his first personal letter addressed to all officers of the Indian Army, its first Indian Commander-in-Chief, General K. M. Kariappa, laid out perspectives of the Army of the future. Among the various topics which he dealt with, one was transfer. He stated in that letter dated May 1, 1950, that : 'Transfer - I am sorry there have been, in the last two years, rather frequent transfers of some officers. This just could not have been and cannot be helped. It is often a question of officers who are sincere and suitable for appointments, being given their proper place as and when vacancies occur. If this is not done, officers then complain that they have been passed over. You cannot have it both ways. When things return to normal and our post-trouble army comes into being, I assure you no such frequent transfers will take place. We will then revert to the old policy of officers being kept on in their appointment for three or four years at a time and not moved out before, unless it...
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