Andhra Pradesh Court November 1993 Judgments
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K. Prakash Rao Vs. Singareni Colleries Co. Ltd. and anr.
Court: Andhra Pradesh
Decided on: Nov-15-1993
Reported in: 1993(3)ALT517; 1995(1)ARBLR507(AP)
ORDERM.N. Rao, J. 1. These three revision petitions are directed against the common order passed by the learned IV Additional Judge, City Civil Court, Hyderabad in I.A. No. 1746/90 in O.P. Nos. 401/90, 1747 of 1990 in O.P. Nos. 402 of 1990 and 1745 of 1990 in O.P. No. 403 of 1990 dismissing the applications filed by the petitioner herein to allow the O.Ps. - O.P. Nos. 401, 402 and 403 of 1990 - and to pass decrees in terms of the three awards passed by the arbitrator. As all the three revision petitions are inter-connected, the same are disposed of by this common judgment. 2. The petitioner herein was entrusted with execution of certain contract works by the respondent - the Singareni Collieries Company Limited, a Public Sector Corporation (hereinafter referred to as 'the Company'). As disputes had arisen relating to the execution of the works between the petitioner and the Company, a retired District Judge was appointed as an arbitrator by the court and he, after entering upon referen...
Durga Construction Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Nov-12-1993
Reported in: 1994(1)ALT545; 1994(2)ARBLR88(AP)
Y. Bhaskar Rao, J. 1. This Civil Miscellaneous Appeal is filed against the order dated 22.10.1990 passed in O.P. No. 299 of 1988 on the file of the Principle Subordinate Judge, Narasaraopet. 2. The brief facts of the case; that the appellant there in sought for reference under Arbitration Act; that the 3rd respondent herein is appointed as an Arbitrator and he passed the Award on 17.8.1988; that thereafter, the present appellant filed a petition under Sections 14 and 20 of the Arbitration Act to make the Award a Rule of Court; thereafter the court issued a notice to the Arbitrator to give a reasoned award as per the amended provisos to Sections 14 and 17 of the Arbitration (A.P. Amendment Act 1 of 1990) Act, 1940; that the same was despatched to the Arbitrator on 3.9.1990 and the Arbitrator received the same on 6.9.1990 by post; thereafter the Arbitrator gave a reasoned award and sent the same through a letter by post 5.10.1990 which was received on 9.10.1990 by the Court below; while ...
Chandrabhangiriji and ors. Vs. the State of Andhra Pradesh Rep. by the ...
Court: Andhra Pradesh
Decided on: Nov-12-1993
Reported in: 1994(1)ALT173
ORDERB. Subhashan Reddy, J.1. This writ petition arises under the Land Acquisition Act, 1894. A writ of Mandamus is sought for, for passing the Award in respect of the lands admeasuring Ac. 9-34 guntas in S.Nos. 28/1 and 28/2 of Bomrukunddowla village of Rajendranagar Mandal, Ranga Reddy District. This land was hitherto situated in Hyderabad West Taluq of Hyderabad District. Later, on formation of Ranga Reddy District, the said land was located firstly in Rajendranagar Taluq and later on formation of Mandals, in Rajendranagar Mandal of Ranga Reddy District. In the said land, were situated the trees, wells and also structures. Along with the above lands of the petitioners which are hereinafter referred to as 'the acquired land', huge extents of more than hundred acres comprised in adjoining survey numbers were also acquired by invoking the provisions contained under the Land Acquisition Act, 1894 (hereinafter referred to as 'the Land Acquisition Act') A draft notification under Section ...
G. Yadi Reddy Vs. Brooke Bond India Ltd. and anr.
Court: Andhra Pradesh
Decided on: Nov-11-1993
Reported in: 1993(3)ALT728
ORDERM.N. Rao, J. 1. This writ appeal by the unsuccessful workman is from the judgment in Writ Petition No. 13221 of 1987 dismissing his plea for quashing of the award passed by the Labour Court, Hyderabad, in I. D. No. 21 of 1985 answering in the negative his claim that his retrenchment as casual worker by the management of Brooke Bond India Limited (hereinafter referred to as 'the company') was illegal. 2. The appellant claimed that from 1969 to 1979 he was employed as a casual worker by the management of the company. He met with a motor accident on 24-4-1979, allegedly when he was on his way to the company, and the accident necessitated his hospitalisation for more than six months and his right leg was amputated. He reported for duty on 10-11-1981 but the management refused to give him employment. The conciliation proceedings initiated before the Assistant Commissioner of Labour ended in failure. Industrial Dispute No. 21 of 1985 was, therefore, taken up for adjudication by the Labo...
B. Hanumanth Reddy Vs. B. Lakshmamma and ors.
Court: Andhra Pradesh
Decided on: Nov-11-1993
Reported in: 1993(3)ALT708
ORDERJ. Eswara Prasad, J.1. This revision arises out of the order of the learned Principal Subordinate Judge, Ranga Reddy District, rejecting the application filed by the petitioner under Order 7 Rule 11 of Civil Procedure Code, to reject the plaint in O.S. No. 514/90 in view of Order 23 Rule 3-A of CPC.2. Respondents 3, 4, 8 and father of respondents 5 to 7 filed O.S. No. 45/85 before the Court of the Principal Subordinate Judge, Ranga Reddy District, for declaration of their title and recovery of plaint schedule properties against the petitioner and respondents 1 and 2. The said suit was dismissed on 31-8-88 and the plaintiffs preferred A.S. No. 9/89 in the Court of the Addl. Dt. Judge, Ranga Reddy. The matter was compromised between the parries on 19-6-90 based on a compromise memo filed by the parties and the suit O.S. No. 45 /88 was decreed in terms of the compromise setting aside the decree dated 31-8-88.3. Respondents 1 and 2, who are respondents 1 and 3 in A.S. No. 9/89, filed ...
Mandala Bhadraiah and anr. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Nov-10-1993
Reported in: 1994(1)ALT(Cri)1; 1994CriLJ1275
M.N. Rao, J.1. The appellants herein were convicted by the learned Additional Sessions Judge, Warangal, in S.C. No. 219 of 1990 for the offence punishable under S. 302, I.P.C. for causing the death of one Thota Ramulu by intentionally stabbing and axing him on 5-3-1990 at about 7.30 p.m. at Ashok Nagar village on the road and each of them was sentenced to R.I. for life and fine of R. 2,000/- each and in default to R.I. for six months. 2. A-1 is the son of A-2. PW-1, the wife of the deceased, is the niece of A-2. A-1 is a resident of Miryalaguda village. A-2 and the material prosecution witnesses are the residents of Ashok Nagar. The case of the prosecution is that A-2 had deposited Rs. 6,000/- with PW-1, the wife of the deceased, and the latter had spent Rs. 2,300/- out of that amount without the knowledge of his wife and so disputes had arisen about non-payment of the balance amount and a panchayat held in that regard did not result in amicable settlement. When A-2, after some time, d...
Guduchutlu Lalaiah Vs. the Land Acquisition Officer, (Spl. Tahsildar) ...
Court: Andhra Pradesh
Decided on: Nov-09-1993
Reported in: 1993(3)ALT541
ORDERB. Subhashan Reddy, J.1. This writ petition is filed seeking re-determination of the amount of compensation by invoking the provisions contained Under Section. 28-A of the Land Acquisition Act (hereinafter referred to as the 'Act'). By memo in Re. No. A2-25/84, dated 22-1-1992 the respondent rejected the plea of the petitioner on die ground that the amount of compensation was received by the petitioner without protest. In other respects the application filed by the petitioner before the respondent Under Section 28-A of the Act is found to be in order. But the reasons given by the respondent rejecting the application of the petitioner for redetermination of the amount of compensation under the provisions of Section 28-A of the Act is neither relevant nor sustainable. For invocation of Section 28-A of the Act, it does not matter whether the petitioner received the amount of compensation under protest or without protest. The contention of the respondent that the amount was received w...
Chinna Ramanathan Naidu Vs. Subbarami Reddy
Court: Andhra Pradesh
Decided on: Nov-04-1993
Reported in: 1994(1)ALT88
Motilal B. Naik, J. 1. This miscellaneous appeal is directed against the order and decretal order dated 1.3.1993 in I.A. No. 125 of 1992 in O.S. No. 4 of 1992 on the file of the court of the Subordinate Judge, Srikalahasti. 2. Respondent filed O.S. No. 4/92 seeking a declaration that the partnership firm 'Sri Ramasudha Oil Mills' at Panagal, Srikalahasti has been dissolved with effect from 20.12.1991 and for taking of the accounts of the firm; alternatively a direction is sought dissolving the said firm the date to be fixed by the court and for taking of the accounts of the said firm. The respondent plaintiff also sought a direction appointing him as the Receiver of the firm during dissolution till the winding up of the business is complete. The appellant who is the defendant in the suit, filed a written statement contesting on various counts, including maintainability of the suit. 3. Appellant-defendant also filed I.A. No. 125/92 under Section 34 of the Arbitration Act, 1940 read with...
Velinedipurnam Vs. State, Represented by Public Prosecutor, High Court ...
Court: Andhra Pradesh
Decided on: Nov-04-1993
Reported in: 1994CriLJ2579
P. Ramakrishnam Raju, J. 1. This criminal petition is posted before us on a reference made by a learned single Judge. 2. This criminal petition turns on the true meaning and interpretation of sub-sections (2) and (5) of S. 173, Cr.P.C., viz., whether filing of incomplete charge-sheet within 60 days or 90 days as the case may be would enable the accused to seek for his release from custody. In view of conflicting decisions of this Court, this reference is made. 3. Before we answer the reference, it is pertinent to note some of the relevant provisions of the Code of Criminal Procedure - hereinafter called 'the Code'. Police Report is defined under Section 2(r) of the Code, as a report forwarded by a Police Officer to the Magistrate under sub-section (2) of S. 173. Section 173 deals with filing of report by a Police Officer on completion of investigation which is popularly called as filing of charge-sheet. Investigation is defined under S. 2(h) as including all proceedings for the collect...
Public Prosecutor, High Court of A.P. Vs. Mungi Basi Reddy
Court: Andhra Pradesh
Decided on: Nov-04-1993
Reported in: 1994(1)ALT(Cri)210; I(1994)DMC340
N.D. Patnaik, J.1. This appeal by the State represented by the Public Prosecutor is directed against the judgment of the learned Additional Sessions Judge, Medak at Sangareddy in S.C. No. 47 of 1989 acquitting the respondent/accused in respect of both the charges levelled against him under Sections 302 and 404 I.P.C.2. In brief the prosecution case is as follows :--The accused is the son-in-law of P.W. 1. The deceased is the daughter of P.W. I and the wife of the accused. The marriage between the accused and the deceased took place about eight months prior to the date of offence (i.e. 9-12-1988). At the time of the marriage P.W. 1 gave a dowry of Rs. 9,000/- in cash and one tola of gold and clothes and also promised to pay Rs. 1,100/, the balance amount, after some time. Due to financial difficulties that amount of Rs. 1,100/- could not be paid. On 30-11-1988 the accused brought the deceased to the house of P.W. 1 and demanded the balance of dowry and left the deceased at P.W. 1's hous...
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