Andhra Pradesh Court December 1993 Judgments
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Hindtex Engineering Pvt. Limited and anr. Vs. Andhra Co-operative Spin ...
Court: Andhra Pradesh
Decided on: Dec-24-1993
Reported in: 1994(1)ALT539
ORDERJ. Eswara Prasad, J.1. The petitioners are the defendants in O.S. No. 201/84 on the file of the Subordinate Judge, Gooty, laid by the respondent for recovery of money. The suit was decreed ex parte on 5-6-91. The petitioners filed an application for setting aside the ex parte decree, along with I.A. No. 506/91 for condonation of delay of 30 days in filing the petition under Order 9 Rule 13 C.P.C. The said application was dismissed by the learned Judge, resulting in the petitioners filing the present revision petition.2. The learned Counsel for the petitioners submitted that the suit was being adjourned from time to time on several grounds, namely, that the plaintiff was not ready on certain days and that the defendants were not ready on certain other days and that the suit was finally posted for trial on 26-9-88. The suit was dismissed for default, as the plaintiff was not ready. The suit was later restored to file on 28-2-90 and was posted to 15-3-90. On 15-3-90 the plaintiff was...
Khairullah @ Babu, Lorry Driver and anr. Vs. Smt. Anita @ Amruthalal P ...
Court: Andhra Pradesh
Decided on: Dec-24-1993
Reported in: 1994(1)ALT338
ORDERG. Radhakrishna Rao, J.1. This is an appeal preferred by the appellants, who are respondents 1 and 2 (Driver and Owner of the lorry respectively) challenging the judgment dated 30th January 1989 in O.P. No.571 of 1987 on the file of the Motor Accidents Claims Tribunal, Rangareddy District at Saroornagar.2. On 26-8-1987 at about 2-45 p.m. while the deceased was returning on his scooter from Patancheru to Kukatpalli, and reached Madinaguda Darga he met with an accident on account of the lorry ABT 8718 proceeding from Hyderabad in the opposite direction which was driven by the 1st respondent-driver in a rash and negligent manner. The lorry dashed against the scooter of the deceased and he received multiple injuries and while he was taking medical treatment in Hyderabad Nursing Home, he succumbed to the injuries on 19-9-1987.3. The petitioners-claimants have examined P.W. 2 Narayana Singh, the Head Constable attached to Lingampalli P.S. who is stated to be a direct witness to the acci...
The Food Corporation of India Rep. by the Executive Engineer Vs. M.V. ...
Court: Andhra Pradesh
Decided on: Dec-24-1993
Reported in: 1994(1)ALT533
ORDERJ. Eswara Prasad, J.1. Both these revisions arise out of the judgment of the learned Second Additional Judge, City Civil Court, Hyderabad, in O.S. No. 680 of 1986. The petitioner in C.R.P. No. 3180 of 1990 is the Food Corporation of India and the petitioner in C.R.P. No. 2349 of 1991 is the contractor.2. Pursuant to an agreement entered into between the Food Corporation of India (hereinafter referred to as 'the F.C.I.') and the contractor on 22-1-1979, certain works relating to construction of 25,000 M.T. capacity (Conventional) Foodgrain godown in 5 units with ancillary services at Cherlapally, Ranga Reddy district, were completed. Disputes arose between the parties and a fine was levied by the F.C.I, against the contractor for the alleged failure on the part of the contractor. The contractor complained that the F.C.I. did not pay the amounts in time, revisiting in the extension of time for completion of work beyond the stipulated time and that due to lapses, defaults and breache...
Achanta Seetharamayya Vs. Bhamidipati Gopalakrishna Murthy and ors.
Court: Andhra Pradesh
Decided on: Dec-24-1993
Reported in: 1994(1)ALT402
ORDERMotilal B. Naik, J.1. These four Revision Petitions arise out of a common order dated 10-4-1992 passed by the Second Additional District Judge, East Godavari district at Rajahmundry in I.A. Nos. 450/91 in O.S. No. 4/89; 449/91 in O.S. No. 88/88, 151/91 in O.S. No. 5/89 and 452/91 in O.S. No. 6/89 respectively. Since the question involved in these revision petitions is one and the same, they are of by common order.2. The brief facts of the case are as follows:- Bhamidipati Gopalakrishna Murthy, plaintiff in O.S. Nos. 88/88 and 4/89 and 1st defendant in O.S. Nos. 5 and 6 of 1989 (one of the respondents in the revision petitions), is said to have entered into an agreement of sale, which is the subject-matter of suits, on 9-1-1983 with the revision petitioner for a consideration of Rs. 95,000/-. Prior to the agreement, the said Gopalakrishna Murthy is said to have entered into an agreement of sale on 9-5-1976 in respect of the same property with the defendants in O.S. Nos. 88/88 and 4...
Khairullah and anr. Vs. Anita and ors.
Court: Andhra Pradesh
Decided on: Dec-24-1993
Reported in: 1994ACJ1017
G. Radhakrishna Rao, J.1. This is an appeal preferred by the appellants, who were respondent Nos. 1 and 2 (driver and owner of the lorry respectively) challenging the judgment dated 30.1.1989 in O.P. No. 571 of 1987 on the file of the Motor Accidents Claims Tribunal, Rangareddy District at Saroornagar.2. On 26.8.1987 at about 2.45 p.m. while the deceased was returning on his scooter from Patancheru to Kukatpalli and had reached Madinaguda Darga he met with an accident on account of the lorry No. ABT 8718 proceeding from Hyderabad in the opposite direction which was driven by the 1st respondent driver in a rash and negligent manner. The lorry dashed against the scooter of the deceased and he received multiple injuries and while he was taking medical treatment in Hyderabad Nursing Home, he succumbed to the injuries on 18.9.1987.3. The petitioners-claimants have examined PW 2, Narayana Singh, the Head Constable attached to Lingampalli P.S. who is stated to be a direct witness to the accid...
P. Venkateswara Rao Vs. the Govt. of A.P. Rep. by Its Principal Secret ...
Court: Andhra Pradesh
Decided on: Dec-23-1993
Reported in: 1994(2)ALT55
ORDERS. Parvatha Rao, J.1. In this Writ Petition the petitioner questions G.O.Ms. No. 1620, MA., Municipal Administration and Urban Development (12) Department, Government of Andhra Pradesh, dated 9-12-1993 and the notification appended thereto whereunder it is stated as follows:'Sri P. Venkateswara Rao (petitioner herein), a member of the Visakhapatnam Urban Development Authority has ceased to be the member of the said Authority with immediate effect under sub-clause (a) of clause (ii) of sub-rule (2) of Rule 5 of the Urban Development Authority Rules, 1977.'The learned Counsel for the petitioner submits that the said notification is issued without any notice to the petitioner and without any opportunity given to the petitioner and therefore it is in violation of principles of natural justice and also the express requirement of giving notice under the said Rule 5.2. On 17-12-1993 notice before admission was directed and the learned Government Pleader for Municipal Administration took ...
P. Ramesh Babu Vs. Andhra Pradesh State Road Transport Corporation Rep ...
Court: Andhra Pradesh
Decided on: Dec-21-1993
Reported in: 1994(1)ALT111; (1994)IILLJ943AP
ORDERS. Parvatha Rao, J. 1. The petitioner questions the award of the Additional Industrial Tribunal-cum-Additional Labour Court at Hyderabad (the second respondent herein) in Industrial Disputes No. 802 of 1987, dated 31-5-1988 in so far as it is against the petitioner and seeks a direction of the first respondent i.e., Andhra Pradesh State Road Transport Corporation to reinstate him with effect from 28-10-1970 without any break in service and to pay all back wages from that date till the date of reinstatement and also to give him the attendant benefits. 2. The petitioner joined as a Driver in the first respondent corporation in the year 1970 and his services were regularised in the year 1971. He states that he could not attend to duty from 24-1-1980 due to illness and that he applied for leave which was initially granted. According to him the first respondent terminated his services with effect from 22-4-1980 by invoking Regulation 39(3) of the Andhra Pradesh State Road Transport Cor...
Tiriplex Agencies, (H.P. Gas Dealer) Rep. by the Managing Partner, Mr. ...
Court: Andhra Pradesh
Decided on: Dec-20-1993
Reported in: 1994(1)ALT158
ORDERP. Venkatarama Reddi, J.1. Heard the learned Govt. Pleader for Civil Supplies at the stage of admission.2. The petitioner - a dealer in L.P. Gas has filed this writ petition questioning the seizure of 150 filled cylinders and 240 empty cylinders by the 2nd respondent on 30-11-1993 and also the order passed by the 1st respondent on 9-12-1993 suspending the 'B' Form licence issued under the A.P. Petroleum Products (Licensing and Regulation of Supplies) Order, 1980. The seizure was effected on the ground that there was an excess of 94 filled cylinders and 57 empty cylinders over and above the stock recorded in the registers. Certain other irregularities such as improper maintenance of records, failure to deliver the refills upto 30-11-1993, etc. were also allyed. A show cause notice dated 7-12-93 proposing confiscation of the seized stock was issued by the Joint Collector. Inasmuch as the enquiry under Section 6-A read with Section 6-B of the Essential Commodities Act is pending and ...
K.V.L. Kameswari Vs. Andhra University Rep. by Its Registrar and ors.
Court: Andhra Pradesh
Decided on: Dec-17-1993
Reported in: 1994(1)ALT123
S.V. Maruthi, J.1. This Writ Appeal arises out of the judgment of the learned single Judge dismissing the Writ Petition No. 17522 of 1989 filed by the appellant.2. The learned single Judge disposed of two Writ Petitions viz., W.P.No. 17522 of 1989 and W.P.No. 8614 of 1990 by a common judgment. The present Writ Appeal, was, however, filed against the judgment in W.P.No. 17522 of 1989 and no appeal was preferred in W.P.No. 8614 of 1990. Therefore, so far as W.P.No. 8614 of 1990 is concerned, the judgment has become final.3. The appellant Dr. K.V.L. Kameswari filed the above two Writ Petitions under the following circumstances: In W.P.No. 17522 of 1989, the appellant sought for a declaration that the entire procedure adopted in making the selections in pursuance of the advertisement No. TS. 2/88 dated 25-10-1988 made by the 1st respondent is illegal, void and unconstitutional and to quash the selections made to the posts of Readers and Lecturers in the Department of Hindi.4. In W.P.No. 86...
Md. Saleha and ors. Vs. Md. Yunus and ors.
Court: Andhra Pradesh
Decided on: Dec-17-1993
Reported in: 1994(1)ALT365
Y. Bhaskar Rao, J.1. The plaintiffs in un-numbered suit are the appellants herein. They filed this appeal aggrieved by the order of the lower Court in rejecting the plaint on the ground that proper Court fee is not paid.2. The facts of the case that plaintiffs filed the suit in O.S.(SR) No. 2303 of 1991 in the Court of Subordinate Judge, Eluru for division of the plaint schedule properties and allotment of two shares to the plaintiffs 1 to 3, two shares to plaintiffs 4 to 7 and one share to the plaintiff No. 8 and for rendition of accounts. The suit was valued at Rs. 5,36,714-28 for the purpose of jurisdiction and a fixed Court fee of Rs. 200/- is paid under Section 34 (2) of A.P. Court Fees & Suits Valuation Act. The office of the lower Court took objection for payment of Court fee under Section 34 (2) of the A.P. Court Fees & Suits Valuation Act. The Court below after considering the objection and hearing the Advocate for the plaintiffs passed the order under appeal to the effect tha...
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