Andhra Pradesh Court December 1993 Judgments
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K. Era Reddy and anr. Vs. K. Bal Reddy (Died) and ors.
Court: Andhra Pradesh
Decided on: Dec-16-1993
Reported in: 1994(1)ALT56
ORDERA. Gopal Rao, J.1. Defendants in Original Suit No. 50/1983, on the file of the Court of District Munsif, Kodangal, are the petitioners in this Civil Revision Petition. That suit was filed by the respondents-herein for permanent injunction, restraining the petitioners-herein from interfering with their right to draw water from the suit well, situated in Survey No. 114, for irrigating the lands in Survey No. 151. Interim injunction was granted in I.A.No. 264 of 1983. The suit was dismissed for default in the first instance, but was restored to file, and ultimately the suit was dismissed on 26-4-1993 on merits. Aggrieved by the same, respondents-herein (plaintiffs) filed appeal. A.S.No. 23 of 1993 along with I.A.No. 1054 of 1993 before the District Court, Mahaboobnagar, for injunction. By order, dt.6-7-1993, the District Court, Mahaboobnagar, granted injunction, as prayed for. Hence, this revision petition by the defendants.2. The learned Counsel for the petitioners, Sri C.P. Sarathy...
Kantamsetti Bennayya Vs. Pandi Saraswathi
Court: Andhra Pradesh
Decided on: Dec-16-1993
Reported in: 1994(1)ALT285
S.V. Maruthi, J.1. The only question that arises for consideration in the. Second Appeal is whether the Civil Court has jurisdiction to evict the appellant. The facts in brief are as follows:The plaintiff-respondent filed the suit for eviction of defendant-appellant from the suit 'B' schedule property and to deliver the vacant possession of the same to her and for future damages for use and occupation at Rs. 50/- per month from 1-7-1981 till the date of delivery of the property. The case of the respondent-plaintiff is that she purchased the house site measuring 705/9 Sq. Yards with a thatched house described in the plaint 'A' schedule property from one Srikakulapu Mutyalu and his wife Srikakulapu Ammalu for valuable consideration of Rs. l3,000/- under a registered sale deed Ex.A-1 dt.9-3-1981. In the said site, there is a thatched house on the western side and eastern side portion is the vacant site. The said thatched house portion was let out to the appellant by the vendor of the plai...
D.L. Satyanarayana Vs. Kalasantha Radha Krishnaiah
Court: Andhra Pradesh
Decided on: Dec-13-1993
Reported in: 1994(1)ALT526
ORDERJ. Eswara Prasad, J.1. Petitioner is the tenant in a residential premises. The tenancy is oral, and the rent is Rs. 150/- per month. The respondent landlord filed RCC No. 3/1989 before the Principal District Munsif (Rent Controller), Punganur for eviction of the petitioner on four grounds, viz., that he bona fide requires the premises for personal occupation, that the petitioner committed wilful default in payment of rents from July, 1986 to June, 1988, that the petitioner committed some acts of waste and that the petitioner had secured alternative accommodation. The learned Rent Controller negatived all the contentions except the contention relating to wilful default in payment of rents and directed eviction of the petitioner. On appeal by the petitioner, the appellate authority agreed with the Rent Controller that there was wilful default in payment of rents and confirmed the Order of eviction leading to filing of this Revision Petition by the tenant.2. Before the Rent Controlle...
T. Anil Kumar Vs. the State of Andhra Pradesh, Rep. by Chief Secretary ...
Court: Andhra Pradesh
Decided on: Dec-10-1993
Reported in: 1994(1)ALT22
ORDERP.L.N. Sarma, J.1. This Writ Petition was originally filed for the issuance of a writ of mandamus declaring the action of the first respondent (State Government) in requesting the second respondent (High Court) to reconsider the recommendations dated 28-4-1993 made by it in favour of the writ petitioner for filling up the posts of the District & Sessions Judges Grade-II by direct recruitment as illegal, arbitrary, null and void and unconstitutional. By way of an amendment ordered in W.P.M.P. No. 22438 of 1993, the petitioner is seeking a declaration that the action of the first respondent in requesting the second respondent for reconsideration of the recommendations dated 28-4-1993 made by it as invalid for the reason that the same is not supported by good and weighty reasons, and further to declare that the rejection of the candidature of the writ petitioner for the appointment as District & Sessions Judge Grade-II by direct recruitment is illegal, unconstitutional, ab initio voi...
Central Warehousing Corporation Construction Cell Rep. by Its Executiv ...
Court: Andhra Pradesh
Decided on: Dec-10-1993
Reported in: 1994(1)ALT352
Y. Bhaskar Rao, J.1. C.M.A. No. 70 of 1988 is filed by the Central Warehousing Corporation Construction Cell against the judgment and decree dated 15-10-1987 of the lower Court in O.P. No. 328 of 1984 filed for passing judgment and decree in terms of the award dated 12-11-1984. C.M.A. No. 72 of 1988 is also filed by the Central Warehousing Corporation Construction Cell against the dismissal of O.P. No. 2 of 1985 filed for setting aside the award dated 12-11-1984 to the extent of allowing Claim Nos. 1, 2, 3, 8, 9, 11, 12 and 14.2. The facts of the case are that the respondent/contractor entered into contract with the appellant vide contract dated 3-10-1978 for the construction of 5000 M.T. capacity godown with ancillary buildings for Rs. 11,05,050-80. The said work was commenced by the respondent/contractor during the first week of November, 1978 and was completed on 10-4-1980 after a period of 17 months as against the stipulated period of six months. The respondent/contractor raised se...
Kosaraju Vasantha and ors. Vs. Gaddipati Appaiah and the New India Ass ...
Court: Andhra Pradesh
Decided on: Dec-03-1993
Reported in: 1994(1)ALT117
Motilal B. Naik, J.1. These two miscellaneous appeals arise out of judgment and decree in O.P. No. 437 of 1987, dated 30-6-1990 on the file of the Motor Accidents Claims Tribunal (IV Additional District Judge), Guntur, awarding compensation of Rs. 2 lakhs to the claimants.2. C.M.A. No. 1524 of 1990 is filed by the claimants in the said O.P. seeking enhancement of compensation awarded by the Tribunal below. C.M.A. No. 1315 of 1990 is filed by the owner of the vehicle (respondent No. 1 in the above O.P.) as against granting of compensation and fixing of liability of payment of Rs. 1,50,000/- on the insurance company (respondent No. 2 in the O.P.) and the remaining amount of Rs. 50,000/- on the owner of the lorry.3. Since these two appeals arise out of one judgment and decree, they are being disposed of by common judgment.4. Before the Tribunal, the following amounts were claimed by the claimants:-Rs(1) Loss of dependency suffered by 1st petitioner,who is wife of the deceased, aged 33 yea...
K. Vasantha and ors. Vs. Gaddipati Appaiah and anr.
Court: Andhra Pradesh
Decided on: Dec-03-1993
Reported in: 1994ACJ595
M.B. Naik, J. 1. These two miscellaneous appeals arise out of judgment and decree in O.P. No. 437 of 1987, dated 30.6.1990 on the file of the Motor Accidents Claims Tribunal (IV Additional District Judge), Guntur, awarding compensation in the sum of Rs. 2,00,000/- to the claimants.2. C.M.A. No. 1524 of 1990 is filed by the claimants in the said O.P. seeking enhancement of compensation awarded by the Tribunal. C.M.A. No. 1315 of 1990 is filed by the owner of the vehicle (respondent No. 1 in the above O.P.) as against granting of compensation and fixing of liability of payment of Rs. 1,50,000/- on the insurance company (respondent No. 2 in the O.P.) and the remaining amount of Rs. 50,000/- on the owner of the lorry.3. Since these two appeals arise out of one judgment and decree, they are being disposed of by common judgment.4. Before the Tribunal, the following amounts were claimed by the claimants:Rs.(1) Loss of dependency sufferedby 1st petitioner, who iswife of the deceased, aged33 ye...
Malini Rao Vs. Hotel Dwaraka and ors.
Court: Andhra Pradesh
Decided on: Dec-02-1993
Reported in: 1994(1)ALT36; [1997]90CompCas179(AP)
S. Parvatha Rao, J. 1. This company petition is presented by the petitioner under sub-section (4) of section 583 of the Companies Act, 1956 (hereinafter referred to as 'the Act'), for the winding up of Hotel Dwaraka, respondent No. 1 herein, under the provisions of the Act contending that clauses (a), (b) and (c) of the said sub-section (4) are satisfied. 2. The petitioner states that the partnership firm, Hotel Dwaraka, was first constituted under an unregistered partnership deed dated August 23, 1979, and that it was subsequently reconstituted under another partnership deed dated April 14, 1984, and that the said partnership was also unregistered. Respondent No. 1 in the present company petition is the partnership firm constituted under the said partnership deed dated April 14, 1984. A copy of the said partnership deed marked as annexure 'A' is filed as an enclosure to the company petition. The petitioner states that respondents Nos. 2 to 12 along with her, 'originally constituted' t...
Lingaiah Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Dec-02-1993
Reported in: 1994(1)ALT(Cri)363; 1994CriLJ1242; I(1994)DMC322
G. Radhakrishna Rao, J.1. The sole accused in Sessions Case No. 32 of 1990 on the file of the Additional Sessions Judge, Medak at Sangareddy, is the appellant. The appellant-accused was charged for the offence of intentionally causing the death of his wife Satyamma (deceased) by pouring kerosene on her and throwing a burning match-stick on her at 7 a.m. on 27-4-1989 at Masanpally cross-roads. The learned Additional Sessions Judge found him guilty of the offence; convicted him under S. 302 I.P.C. and sentenced him to undergo imprisonment for life. 2. The case of the prosecution is as follows : On 27-4-1989 at about 7.00 p.m. the accused came in a fully drunken state to his hotel at Masanpally cross-roads and demanded money from his wife-deceased for his drinking. As, by that time, he was already in a drunken condition, his wife refused to give money. On that, he poured kerosene on her and set her fire by throwing a burning match stick. Then she was admitted in the Government Civil Hospi...
Yadagiri Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Dec-01-1993
Reported in: 1994(1)ALT(Cri)323; I(1994)DMC292
G. Radhakrishna Rao, J.1. The sole accused in S.C. No. 18 of 1990, on the file of the III Addl. Metropolitan Sessions Judge, Hyderabad, is the appellant. Having been aggrieved by his conviction for the offence under Section 302 of the Indian Penal Code and the sentence of imprisonment for life, imposed against him by the learned III Additional Metropolitan Sessions Judge, Hyderabad, by his judgment dated 23rd September, 1991, the accused has preferred this appeal.2. The case of the prosecution, in brief, is as follows:-- Narasamma, hereinafter referred to, for short, as 'the deceased', is the wife of the accused. Their marriage was performed on 22.4.1988 and after the marriage they used to live at Ranga Nagar for some time. Subsequently the accused was appointed by one G. Srinivas Raju to work in his grape garden at Hakeempet. So the accused and his wife, the deceased, started residing in the grape garden and used to visit their house at Ranga Nagar now and then.3. Twenty days prior to...
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