Andhra Pradesh Court October 1993 Judgments
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Sikile Moses Vs. Koturi Seeta Ram Das
Court: Andhra Pradesh
Decided on: Oct-14-1993
Reported in: 1993(3)ALT452
ORDERP. Venkatarama Reddi, J.1. This Civil Revision Petition is filed against the order in E.P. directing arrest of the judgment-debtor.2. In O.S.No. 143 of 1982 on the file of the Subordinate Judge, Narsapur, a money decree was passed against the petitioner herein. Against that decree, A.S.No. 956 of 1993 was filed by the petitioner. This Court granted conditional stay on 19-4-1993. The petitioner failed to deposit half the decretal amount as stipulated in the interim order of this Court. Thus the stay order became inoperative and the decree is liable to be executed. It appears that the petitioner preferred a Special Leave Petition in the Supreme Court against the order passed in the C.M.P. It is not known whether the Special Leave Petition has been disposed of or not.3. While so, the respondent-decree holder filed E.P.No. 46 of 1992 on 23-11-1992 requesting the Court to issue notice under Order XXI Rule 11 of the Code of Civil Procedure and thereafter to issue arrest warrant. Notice ...
The Divisional Manager, Oriental Fire and General Insurance Co. Ltd. V ...
Court: Andhra Pradesh
Decided on: Oct-14-1993
Reported in: 1993(3)ALT701
G. Radhakrishna Rao, J.1. This is an appeal preferred by the Oriental Fire & General Insurance Com. Ltd., respondent No. 3 challenging the judgment dated 30-7-1991 passed in O.P. No. 17 of 1988 on the file of the Motor Accidents Claims Tribunal, Khammam awarding a total compensation of Rs. 1 lakh to the 1st petitioner-claimant payable by respondents 1 to 5, for the injuries caused to the 1st petitioner in a motor accident that occurred on 20-10-1986 due to the collision of the lorry and' car.2. The 1st petitioner was travelling in the car bearing No. ATK 1305 on 20-10-1986 to go to Tallada and 1st respondent while driving the lorry bearing No. ATS 9945 dashed against the car and the 1st petitioner received multiple injuries.3. The lower Tribunal found that both the drivers of the vehicles drove their respective vehicles rashly and negligently. Regarding the liability of the respondents, the lower tribunal held that the drivers and owners of the lorry as well as the car are liable to pa...
Secunderabad Bunks (Kiosks) Owners Association Vs. the Commissioner, M ...
Court: Andhra Pradesh
Decided on: Oct-13-1993
Reported in: AIR1994AP35
ORDER1. The Writ petition is filed by Secunderabad Bunks (Kiosks) Owners' Association, Secunderabad, represented by its General Secretary, seeking a mandamus or an appropriate writ or order directing the respondents not to interfere with the trade and business of the members of the petitioner-association and to restrain the respondents from demolishing the kiosks of the members of the petitioner association situated on Sarojini Devi Road (for short 'S.D. Road'), opposite Swapnalok Complex, Secunderabad, numbering about 76, and a consequential declaration that the action of the respondents in attempting to demolish their kiosks as illegal, arbitrary and hit by Art. 19(1)(g) of the Constitution of India.2. Petitioner-association claims that it was founded for the purpose of achieving thecommon object to fight against the municipal authorities in order to protect their bunks numbering about 100 situated on S.D. Road, Secunderabad. It is stated that in and around 1975 to 1980, members of t...
Jonnalagadda Suryakantham Vs. Ragani Sathiyyamma
Court: Andhra Pradesh
Decided on: Oct-12-1993
Reported in: 1994(1)ALT93
ORDERP. Venkatarama Reddi, J.1. The second appeal arises out of the suit for specific performance of an agreement of sale dated 3-6-1973 in respect of vacant land. The suit was decreed and in appeal, the judgment was confirmed. The second appeal is filed by the defendant. Ex.A-2 is the sale agreement.2. The case of the plaintiff is that on the date of execution of the sale deed itself, the defendant received a total consideration of Rs. 10,000/- in cash and the possession of the plaint schedule property was delivered. The defendant agreed to execute the sale deed as and when demanded by the plaintiff. As the plaintiff was in possession and enjoyment, the plaintiff did not press the defendant to execute the sale deed for considerable time. However, one year prior to the suit, the plaintiff requested the defendant to execute the sale deed. On 30-5-1979, the plaintiff purchased the stamp paper worth Rs. 1,000/- and got the sale deed typed. When the plaintiff approached the defendant on th...
Togari Chandrakala Vs. Togari Venkatesh
Court: Andhra Pradesh
Decided on: Oct-11-1993
Reported in: 1993(3)ALT733; II(1994)DMC524
G. Radhakrishnan Rao, J.1. Maintenance petition was filed by the wife, appellant herein, along with her three children before the Magistrate under Section 125 Cr.P.C. Maintenance was granted to the three minor daughters and was refused so far as the wife is concerned. The certified copy of the same has been marked as Ex. A-1 in the O.P. No. 514/89 filed by the husband for divorce on the ground of adultery. The main allegation made in the Original Petition is that the wife was living in adultery. The husband was examined as P.W. 1 in the Original Petition. He stated that she was living with two named persons. But, those persons were never made parties in the Original Petition. When the husband came forward with a plea that the wife was living in adultery, the burden is on him to prove that she was living in adultery. He must also examine the persons who have knowledge of it. None of the persons were examined to prove that she was living with the named persons. The husband is an interest...
P.P. Ranganayaki and anr. Vs. P.P. Govindachary
Court: Andhra Pradesh
Decided on: Oct-11-1993
Reported in: 1994(1)ALT153; II(1994)DMC541
G. Radhakrishna Rao, J.The first plaintiff is the wife of the defendant. Plaintiff No. 2 is the son of the defendant and plaintiff No. 1. Plaintiff No. 1 filed a suit for maintenance, past and future, for herself and also for her minor son at the rate of Rs. 500/- and Rs. 200/- respectively and also for return of the jewellery. It is stated the jewellery consists of 15 sovereign of gold in two items--three bangles and one chandraharam, and with regard to silver jewellery it consists of silver items of 300 tolas. The marriage between plaintiff No. 1 & the defendant took place on 18-11-1983. From 30-4-1984 they were living separately. By that time plaintiff No. 1 was pregnant. She gave birth to a male child on 26-8-1984. The husband sent a lawyer's notice on 10-8-1984 followed by a reply. Thereafter, he filed O.P. No. 235 of 1985 under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The present suit was subsequent to O.P. No. 235 of 1985. Subsequently the defendan...
N. Sudershan Reddy and Others Etc. Vs. Smt. Kannamma (Deceaed by Lrs) ...
Court: Andhra Pradesh
Decided on: Oct-08-1993
Reported in: AIR1994AP116
ORDERSivaraman Nair, J.1. These two appeals arise from the Judgment of our learned brother M.N. Rao, J. in Writ Petition No. 5094/87, whereby he set aside the order of the District Collector, Ranga Reddy District in file No. B/6454/82 Dt. 20-1-1987 and remitted the matter to him for fresh disposal. The learned single Judge by his judgment dt 17-4-1990 had issued certain directions relating to the questions which are to be considered by the Collector, in disposing the matter afresh. The 3rd, 4th and 9th respondents in the Writ Petition have filed these appeals. We will refer to the parties as they were arrayed in the Writ Petition.2. One Narsing Rao who was an inamdar (Makhtadar) of certain lands. In 1335 Fasli (1925) when survey was conducted, Surveys Nos.67/1 and 67/2 were assigned to his lands. In the later survey conducted in 1341 Fasli(1931) Survey No. 279 was assigned to that inam land extending to Ac.49.39 guntas. Yet another survey was conducted in 1354 Fasli (1944) and Survey N...
Adapa Bhogi Raju Vs. S.G. Ramayya and anr.
Court: Andhra Pradesh
Decided on: Oct-08-1993
Reported in: 1994(1)ALT(Cri)15; 1994(1)ALT(Cri)15; 1994CriLJ411
1. This is an appeal preferred by the appellant-complainant challenging the judgment of the First Addl. Judicial First Class Magistrate, Amalapuram dated 21st December, 1991 passed in C.C. No. 89 of 1991, on his file, acquitting the accused of the offence under Section 138 of the Negotiable Instrument Act, as amended by Act 66 of 1988. 2. The complainant, Adapa Bhogi Raju is the lessee of Srinivas Theatre for the period 1989-90 and he transacted business with the accused, who is the Film Distributor running the business under the name and style of 'Venkateswara Films', Rajamundry. In the business transactions between the complainant and the accused, the accused became due to the complainant to certain amounts and in discharge of the same he issued four cheques to the complainant for a total value of Rs. 45,000/- at Amalapuram. Thereafter, the complainant presented those cheques in his Bank for collection but the cheques were returned unpaid as the accused was not having sufficient fund...
Government of A.P. and ors. Vs. N.V. Choudary and anr.
Court: Andhra Pradesh
Decided on: Oct-08-1993
Reported in: 1993(3)ALT391
ORDER1. This batch of five Civil Miscellaneous Appeals and three Civil Revision Petitions arise out of suits filed under Sections 8 and 20 of the Arbitration Act, 1940.2. Plaintiff is the respondent in all these matters. Defendants are the appellants in all the appeals and petitioners in the revision petitions. They are challenging the Judgments and decrees of the IInd Additional Judge, City Civil Court, Hyderabad appointing sole Arbitrator in each of the cases.3. Though suits were decreed appointing sole Arbitrator in each of the cases by separate Judgments, as common questions arise in this batch of cases, it will be convenient to dispose of them together by a common Judgment. It is not necessary to refer to the allegations contained in the respective plaints as they are almost similar insofar as they relate to the questions to be determined in these proceedings. However, the works, for which agreements were executed and the amounts claimed differ in each of the cases.4. Suits were i...
Dr. J. Ramachander Rao Vs. A.P. State Financial Corporation, Rep. by t ...
Court: Andhra Pradesh
Decided on: Oct-08-1993
Reported in: 1993(3)ALT385
ORDERRamakrishnam Raju, J.1. This writ petition is filed seeking for a writ of mandamus, or a direction to the first respondent-Andhra Pradesh State Financial Corporation, to confirm the auction bid of the highest bidder viz., the fourth respondent herein, in respect of the sale of the Unit-The Delta Oils and Fats Limited, Prathipadu -hereinafter called as the 'Company', held on February 28,1993, or discharge the personal guarantee of the second respondent in respect of loans due to the first and third respondents.2. Messrs Delta Oils and Fats Limited has been promoted as a joint venture with the second respondent-Corporation for manufacture of edible-grade-rice-bran-oil under solvent extraction process by installing solvent extraction plant at Prathipadu, West Godavari District. The Unit was established in the year 1981 as a joint venture with the second respondent by contributing 50% to the shareholding of the company under an agreement executed by the petitioner who is a co-promoter...
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