Andhra Pradesh Court July 1992 Judgments
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Y. Venkateswara Rao Vs. Mahee Handlooms Pvt. Ltd. and ors.
Court: Andhra Pradesh
Decided on: Jul-21-1992
Reported in: [1994]79CompCas206(AP); 1993CriLJ2362
ORDER1. Heard the learned counsel for the petitioner and the Public Prosecutor. 2. This petition is directed under S. 482, Cr.P.C. to call for the records relating to C.C. No. 184/1991 on the file of the VI Metropolitan Magistrate, Hyderabad and to quash the same and direct the learned Magistrate to proceed further as contemplated under Chapter XV of the Code of Criminal Procedure (in brief 'the Code'). 3. The petitioner filed a criminal case under S. 200, Cr.P.C. against the respondents 1 and 2 under sections 138(a) and 141 of the Negotiable Instruments Act, 1881. The said complaint was filed under dated 19-2-1991. On the same day the learned Magistrate referred the case under S. 156(3) of the Code to the police for further enquiry; on 20-2-1991 on the basis of the said complaint a crime was registered in Crl. No. 40/91 on the file of P.S. Amberpet; they further enquired into the matter and laid charge sheet against the respondents 1 and 2 which was taken cognizance by the learned Mag...
Vijaya Bank, Ongole Branch Rep. by Its Branch Manager Vs. Thottempudi ...
Court: Andhra Pradesh
Decided on: Jul-21-1992
Reported in: 1992(2)ALT481
ORDERG. Radhakrishna Rao, J.1. This appeal has been filed against the decree and judgment that has been passed by the learned Principal Subordinate Judge, Ongole in O.S. No. 44 of 1987 on the file of the Subordinate Judge, Ongole. The total claim that has been made is Rs. 3,47,895-90 ps. Rs. 2,44,147/- is the principal amount that has been deposited on 19 different times, the first time said to have been appropriated towards the account of the bank is on 7-4-1980. The interest claimed is Rs. 1,03,747-90. The facts of the case are that a suit has been filed against the partnership firm and its partners for recovery of a sum due with interest and the same has been numbered as O.S.No. 204/1979 on the file of the Subordinate Judge, Ongole. During pendency of O.S.No. 204/1979, these amounts have been deposited or collected on behalf of the plaintiff and appropriated towards the accounts of the Bank with specific condition that these deposited will be subject to the result of the suit, O.S.N...
NavIn Chandra Vs. Smt. Prema Bai Pitti
Court: Andhra Pradesh
Decided on: Jul-20-1992
Reported in: 1992(3)ALT181
ORDERRanga Reddy, J.1. This Revision is directed against the orders of the First Additional Rent Controller, Hyderabad in E.P. No. 44/89 in R.C. No. 1041/1988.2. The facts giving rise to the filing of this revision can briefly be stated as follows: The Petitioner was the tenant of the Respondent in respect of premises situated at Hyderabad. The Respondent-land-lady filed R.C. No. 1041/88 for eviction of the petitioner on the ground that she required the premises for demolition and re-construction. In these proceedings the parties entered into a compromise and filed a compromise Memo on 2842-1988. As per that compromise, the Petitioner-tenant shall deliver possession of the premises to the land-lady on 28-12-1988 and the land-lady agreed to complete construction and redeliver possession of the reconstructed premises within six months from 28-12-1988 to the Tenant. The Rent Controller accordingly allowed the Petition. The Respondents took possession of the premises, completed re-construc...
Bar Council of Andhra Pradesh, Vs. Government of Andhra Pradesh and Or ...
Court: Andhra Pradesh
Decided on: Jul-17-1992
Reported in: [1994]210ITR203(AP)
Motilal B. Naik, J.1. Writ Petition No. 13066 of 1987 is filed by the Bar Council of Andhra Pradesh represented by its Secretary. Writ Petition No. 13382 of 1987 is filed by the various employees' associations of the Andhra Pradesh High Court, represented by their Presidents. Writ Petition No. 14184 of 1987 is filed by the Nuclear Fuel Complex Employees' Association, Hyderabad, represented by its acting Secretary.2. In all these writ petitions, the constitutional validity of the Andhra Pradesh Tax on Professions, Trades, Callings and Employments Act, 1987 (for short, 'the Act'), is questioned on the ground that the provisions of the Act offend Articles 14 and 19(1)(g) of the Constitution of India. This apart, in Writ Petition No. 13382 of 1987 filed by the various employees' associations of the Andhra Pradesh High Court, it is contended that the High Court employees would not fall within the purview of the Act and, therefore, no profession tax could be levied or collected from them.3. ...
The Land Acquisition Officer (Sub-collector) Vs. Syed WaliuddIn and or ...
Court: Andhra Pradesh
Decided on: Jul-14-1992
Reported in: 1992(3)ALT424
N.D. Patnaik, J.1. This appeal is filed by the Land Acquisition Officer against the order of the Subordinate Judge, Bodhan in O.P. No. 30/1988, dt. 30-7-1990.2. An extent of about 12 1/2 acres of land in Madnoor village, Nizamabad District was acquired by the Government at the instance of the Housing Board for proyiding House sites to the weaker sections. The Land Acquisition Officer granted compensation at the rate of Rs. 6,000/- per acre. Since claimants were not satisfied with that, a reference was made to the Civil Court under Section 18 of the Land Acquisition Act. The Civil Court granted compensation at the rate of Rs. 5/- per sq. yard. Against that order, this appeal is preferred.3. The first submission of the learned counsel for the Housing Board is that before enhancing the compensation, the Court ought to have issued notice to the Housing Board at whose instance the land was acquired and since that is not done, the matter has to be remitted and notice has to be given to the H...
Andhra Bank, Sultan Bazar, Hyderabad Vs. M/S. Manney Industries and Ot ...
Court: Andhra Pradesh
Decided on: Jul-13-1992
Reported in: AIR1993AP53; 1993(1)ALT134
1. The plaintiff in OS No. 185/83 on the file of the Addl. Dist. Judge, Rangareddy District at Begumpet, Secunderabad is the appellant herein and the present appeal is preferred against the judgment and decree in OS No, 185/83. The appellant-plaintiff is a nationalised bank viz. Andhra Bank, Sultanbazar Branch, Hyderabad, filed a suit for recovery of a sum of Rs. 9,49,137-54 and they sought a decree against D1 to D7 (respondents 1 to 7) who are the partners and also against D8 (respondents herein) who created an equitable mortgage. The fact of amount that was lent to the sick unit which was meant for commercial purpose is not in dispute. The default committed by the respondent-defendants is also not in dispute. Since the appellant-plaintiff failed in recovering the amount due, filed the suit and the court below after considering the evidence granted decree for the original amount that has been claimed and with interest at 6% p.a. from the date of suit till the date of realisation. Whil...
K. Rama Rao Vs. Chief Executive, Nellimarla Jute Mills and ors.
Court: Andhra Pradesh
Decided on: Jul-13-1992
Reported in: 1993(1)ALT29; (1994)IILLJ582AP
ORDERNeeladri Rao, J.1. The writ petitioner herein filed a petition under Section 2-A(2) of the Industrial Disputes Act (for short 'I.D. Act') challenging the order of termination on November 30, 1980. The Lower Tribunal, that is, R-3 herein dismissed the said application by holding that Section 2-A(2) which had come into effect from July 27, 1987 is prospective and it cannot be invoked for challenging the order of dismissal, removal or discharge which was passed prior to July 27, 1987. The correctness of the said view is challenged in this writ petition.2. Section 2-A(2) of the I.D. Act was incorporated by the Andhra Pradesh Amendment Act 34/87. It is evident from Section 2-A(2) of the I.D. Act that workman who was dismissed, removed or discharged from service can challenge the same by filing an application under Section 2-A(2) before the concerned Labour Court and it need not be referred to under Section 10 of the I.D. Act. There is no period of limitation for challenging the order o...
The New India Assurance Co. Ltd. Vs. Jamili Gopala Rao, Maddali Venkat ...
Court: Andhra Pradesh
Decided on: Jul-13-1992
Reported in: 1992(3)ALT53
G. Radhakrishna Rao, J.1. The defendant in O.S. No. 189 of 1978 on the file of the Subordinate Judge, Guntur is the appellant herein and the present appeal is preferred against the judgment and decree in O.S. No. 189 of 1978. Two fire insurance policies bearing Nos. 128135832 and 128135833 which were valid upto 12-6-1978 were taken by the respondent-plaintiff from the appellant-insurance company and insured their stocks at M/s. Maddisudarshanam & Sons and M/s. Karpurapu Ramakrishna Murthy & Co., Ltd., under lease to Srinivasa Cotton and Oil Company and sub-leased to plaintiff-respondent. For further process viz., pressing work, the respondent used to shift the stocks to M/s. Sakambari Cotton Exports Private limited, Amaravathi Road, Guntur all along. Depending upon the stocks position of plaintiff-respondent at the three places, he used to arrange the transfer of insurance to adequately cover the stocks at the respective places within the insured limits. The practice alleged to have be...
S. Ramadas Vs. the Subordinate Judge and Others
Court: Andhra Pradesh
Decided on: Jul-09-1992
Reported in: AIR1993AP6; 1992(3)ALT50
ORDER1. This is a peculiar case where a retired Tahsildar who was hitherto holding the post of Deputy Tahsildar and was deputed as Manager, Girijan Primary Co-operative Society, Bhadrachalam, is sought to be proceeded against for realisation of the amount by invoking the provisions contained under Sec. 60 of the A. P. Co-operative Societies Act, 1964 ('the Act' for short). Some allegations are levelled against the petitioner who held the post of Manager mentioned supra for the period from 10-12-1965 to 25-7-1967, that either he has not remitted some amount or that there were acts of dereliction of duty on his part and consequently the Society suffered monetary loss to the tune of Rs. 59,830.39 ps. The same was appealed against before the Co-operative Tribunal (Subordinate Judge, Kothagudem) in C.T.A. Xo. 3 of 1982 and the appeal was partly allowed reducing the amount to Rs. 9,916.10 ps. Of course, in both the orders 18% interest is levied from the dates specified therein. But the levy ...
Gehohe-e-miran Shah Vs. the Secretary, Home Depatment, Govt. of A.P. a ...
Court: Andhra Pradesh
Decided on: Jul-09-1992
Reported in: AIR1992AP357; 1992(2)ALT750; 1993CriLJ406
ORDER1. Here is a case where two religious associations namely, Gerohe-E-Miran Shah (the writ petitioner) and Garohe-E-Hazarath alias Taqui (Respondent No. 2 who got impleaded later to the filing of the writ petition) of Machilipatnam of Krishna District are at loggerheads on the issue of taking out 10th day Moharram procession. The dispute relates to the route and in fact the petitioner was not permitted to take out procession by earlier orders of the Sub-divisional Police Officer, Bandar, dt. 1-9-1987. For the next year, the petitioner made an application dated 1-8-1988 to permit the said procession giving out the details as regards time, date as also the route. In the route mentioned, the prominent place is Koneru centre of Bandar Town. When there was nothing heard on the said application D/-1-8-1988, a reminder was filed by the petitioner on 16-8-1988. When even that did not yield any results, the instant writ petition was filed seeking the issuance of writ of Mandamus to responden...
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