Andhra Pradesh Court September 1992 Judgments
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Karneedi Rama Rao and ors. Vs. the Collector and ors.
Court: Andhra Pradesh
Decided on: Sep-21-1992
Reported in: 1993(2)ALT192
ORDERB. Subhashan Reddy, J.1. The lands in question which are notified for acquisition by invoking the provisions contained under Land acquisition Act, 1894, were already the subject matter of acquisition earlier and the same were challenged in W.P.No. 6919/81 raising two contentions viz., (1) non-publication of the substances of draft notification under Section 4(1) of the Land Acquisition Act and (2) that the petitioners were small farmers.2. In the said writ petition, while the fourth petitioner herein was the first petitioner, her husband i.e., the father of petitioners 1 to 3 was the second petitioner. As Karneedi Appa Rao, the father of petitioners 1 to 3 and husband of petitioner No. 4 had expired, petitioners 1 to 3 combinedly with her mother have filed this writ petition. On verification, I find that the lands which were notified earlier are subject matter of this writ petition also. It is true that if the above writ petition was allowed only on the ground of non-publication o...
M/S. Arisetty Satyanarayana Murty Sugars and Industries Vs. the Sub-co ...
Court: Andhra Pradesh
Decided on: Sep-18-1992
Reported in: AIR1993AP166
ORDER1. The petitioner-firm purchased a sick Khandasari sugar factory from the 3rd respondent A.P. State Financial Corporation and obtained a loan from the 3rd respondent for that purpose. For various reasons, the petitioner committed default in making repayment of the loan resulting in the 3rd respondent resorting to S. 31 of the State Financial Corporations Act, 1951 ('the Act'),for short in filing O.P. No. 53/75 in the District Court, Srikakulam A decree dt. 21-6-78 was passed for sale of the mortgaged properties for realising the loan amount and interest, in favour of the 3rd respondent, and in execution of the said decree an execution petition was filed on 21-6-78. Earlier, there was attachment before judgment of the properties of the petitioner-firm on 10-8-1977.2. The 3rd respondent, without executing the decree in O.P. No. 53/75, invoked the provisions of S. 52. A of the Revenue Recovery Act, and the 2nd respondent brought the machinery of the petitioner-firm to sale and the sa...
Jamuna Rani Vs. S. Krishna Kumar and ors.
Court: Andhra Pradesh
Decided on: Sep-18-1992
Reported in: 1993(1)ALT(Cri)194; 1993CriLJ32
ORDER1. The Criminal Revision Case No. 280 of 1992 is filed by the petitioner against the order of discharge passed in C.C. No. 19 of 1990 on the file of the J.F.C.M. Pathikonda. Dt. the 31st of March, 1992. The Criminal Petition on, Crl. P. No. 1097/1992 is filed by the petitioner against the order of dismissal passed in Crl. R.P. No. 11 of 1991 by the III Additional Sessions Judge, confirming the order passed in Crl. M.P. No. 106/91 in C.C. No. 19/1990 passed by the J.F.C.M. Pathikonda. The facts in brief are as follows : A private complaint was filed by the complainant (wife) against the accused (husband) in the Court of the J.F.C.M. Pathikonda, for the offence under section 494 read with 109, I.P.C. A sworn statement of the Complainant was recorded on the date of the complaint, i.e. on 26-2-90 and on the same day the complaint has been taken on file as C.C. 19/90 and process was issued for the appearance of the accused. 2-3. The facts which lead to the filling of the above complian...
Kranth Sangram Parishath, Represented by Its State Convenor, Y. Shanka ...
Court: Andhra Pradesh
Decided on: Sep-18-1992
Reported in: 1992(3)ALT99
V. Sivaraman Nair, J.1. This batch of 24 writ petitions - six of them-W.P.Nos. 8817,9221,9231,9824, 9825 and 10058 of 1992 filed by Associations of Students, six - W.P. Nos. 9661, 9731, 9843, 9852, 9946 and 10264 of 1992 filed by individual students, six W.P.Nos. 8592, 8698,9187,9809,9972 and 10687 of 1992 filed by aspirants for permission and the rest by individuals or Organisations interested in the cause of education, raise questions of concern about what the petitioners call crass commercialisation of professional education. Counsel for some of the respondents prefer the phrase 'privatisation of higher education'. They claim this to be the natural corrolary of liberalisation of Indian economy from the shackles of excessive control by the State, which is constrained by acute lack of resources for further development of institutions of technical and professional education. We heard the matter at length and are now delivering two judgments in two parts comprehending all the complex qu...
Gadamsetti Satyanarayana Vs. Sri Janardhana Swamy Devasthanam, Rep. by ...
Court: Andhra Pradesh
Decided on: Sep-18-1992
Reported in: 1992(3)ALT610
ORDERSyed Shah Mohammed Quadri, J.1. This revision petition arises out of the proceedings initiated under the Andhra Pradesh (Andhra Area) Tenancy Act (for short 'the Andhra Tenancy Act'). The petitioner is the tenant. The respondent is the landlord. (Hereinafter the parties will be referred to as tenant and landlord). The landlord filed A.T.C. No. 309/81 before the Special Officer-cum-Principal District Munsif, Tanuku, praying for eviction of the tenant from the petition schedule land on the ground of default in payment of rent for 1388 and 1389 faslies. On the basis of the material available on record the Special Officer ordered eviction of the tenant. Dissatisfied with the said order of eviction, the tenant filed an appeal A.T.A. No. 56/1985 in the Court of the District Judge, West Godavari, Ehrru. Thereafter the advocate of the tenant passed away. When on 16-8-1988 the case was taken up for hearing nobody was present for the tenant; the advocate had already died, and as the appella...
M. Mary Vs. the Principal, Andhra Pradesh Residential School for Girls ...
Court: Andhra Pradesh
Decided on: Sep-18-1992
Reported in: 1992(3)ALT667
ORDERSubhashan Reddy, J.1. This writ petition is filed to declare that the petitioner is entitled for regular appointment as Record Assistant in the first respondent school.2. It is distressing to note that the respondents have adopted cheap tactics of depriving this poor petitioner who had been rendering services of Record Assistant since last several years on a paltry consolidated pay and then interrupted in service for every spell of 89 days only to see that the petitioner do not get a right of continuity of service so as to project her rights for regularisation. This sort of approach by an authority like the respondents herein should be deprecated. Here is a case, where the petitioner, who is a poor helpless woman and said to be belonging to Scheduled caste community, had been rendering services out of strict financial necessity and accepted the consolidated pay. It is not the case of the respondents either that the vacancy in question is temporary and that the petitioner was appoi...
HussaIn Khan Vs. Yadavalli Choultry (Trust), Kothapeta and Others
Court: Andhra Pradesh
Decided on: Sep-15-1992
Reported in: AIR1993AP323; 1993(1)ALT31
1. This appeal is directed against the decree and order dated 6-5-1992 inan unnumbered Original Suit of 1992 (C.R.R. No. 30/92) on the file of the court of the Vacation Civil Judge (I Additional District Judge), Guntur.2. The appellant herein presented the plaint in the above suit before the lower Court seeking a declaration that the decree passed in O. S. No. 1498/73 on the file of the I Additional District Munsif, Guntur in favour of the 1st respondent herein and against the appellant, is inexecutable and void. The lower Court rejected the plaint on the ground that the suit is barred by limitation and, therefore, not maintainable.3. The case of the appellant herein, who presented the plaint before the lower Court, is that institution of suit is governed by Article 58 of the Limitation Act and, therefore, the suit is maintainable. The specific plea taken by the appellant herein before the lower Court to meet the objections raised by the office, is that the suit was in time and maintai...
B. Mukalingam Vs. Vuppala Venkata Satyanarayana and ors.
Court: Andhra Pradesh
Decided on: Sep-15-1992
Reported in: 1992(3)ALT721; 1993CriLJ1017
1. The Magistrate, while considering the evidence of the Food Inspector, found that he is not a competent person to act as a Food Inspector as he has not fulfilled the requisite qualification required under R. 8 of the Prevention of Food Adulteration Rules. It is against that the present appeal has been filed by the complainant, Sri Mukhalingam alleging that he is qualified person. Under the proviso to Rule 8 of the Rules, it is contended, he is entitled to continue as Food Inspector, as his original appointment was in the year 1966 as Sanitary Inspector; that by virtue of notification issued by the Government in G.O.Ms. No. 313, dated 23-2-1956 all the Sanitary Inspectors are deemed to be the Food Inspectors for the purpose of provisions of this Act and that, therefore, he is competent to continue to act as the Food Inspector. 2. Sri Sadasiva Reddy, learned counsel for the accused, contended that mere fact that the appellant was working as Sanitary Inspector or that a notification has...
Smt. Saleha Begum Alias Shahensha Begum Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Sep-15-1992
Reported in: 1992(3)ALT312
ORDERSubhashan Reddy, J.1. This writ petition was earlier disposed of by me in the absence of the learned Counsel for the respondents, as they were not present at that time. On a petition being filed to restore the matter, this writ petition is restored to file. The respective contentions advanced by Mr. Y.N. Lohita, the learned Counsel for the petitioner, Mr. P.V.R. Sarma, the learned counsel for the third respondent as well as the learned Government Pleader are heard.2. At issue, is whether the amended Andhra Pradesh Cinematograph Rules replacing the old Rules of 1970 contemplate proof of lawful possession for each and every renewal of cinematograph licence.3. The property in question Navrang Theatre, was exhibiting films and the same was leased out by the petitioner, who is the owner, for a period of 20 years with effect from 1-1-1964. The lease deed does not contain any clause, expressly, for renewal of the lease. However, Mr. P.V.R. Sarma, the learned counsel for the third respond...
Balbir Singh Nayyar Vs. Canara Bank (a Govt. of India Undertaking) Rep ...
Court: Andhra Pradesh
Decided on: Sep-15-1992
Reported in: 1992(3)ALT501
P.L.N. Sarma, J.1. Writ Petitioner is the appellant in this appeal. This writ appeal was preferred against the Judgment of the learned single Judge dismissing Writ Petition No. 4529 of 1990.2. Writ Petition itself was filed for a writ of Mandamus directing the respondents to act according to law and promote the petitioner to the rank and status of Senidr Manager in the Middle Management Grade Scale III of the Bank with effect from 12-6-1989 along with other promotees.3. In the affidavit filed in support of the writ petition, it was stated that the petitioner joined Lakshmi Commercial Bank Ltd., in the year 1970 as a Clerk and later he was promoted as an Accountant in the year 1976 and got further promotion as Manager in the year 1977. Thereafter, the petitioner was promoted as Area Manager by an order dated 26-4-1985 and assumed duties on the very same date. However, the said promotion was later withdrawn on the ground that the then Directors of the Bank have not approved the same. Whi...
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