Andhra Pradesh Court March 1993 Judgments

The Accounts Officer and Another Vs. Sri Sai International Travels

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The respondent herein who is a travel agent, is having a telephone connection No. 5925 with S.T.D. facility and later on some time in April 1990, the telephone number was changed from 5925 to 8678. But so far as this case is concerned, the telephone number during the relevant period is 5925. The travel agent, that is, the complainant has also another telephone connection bearing No. 5708 under O.Y.T. scheme, for which, he had deposited a sum of Rs. 6,000/- on 28.10.87. Alleging that usually he is getting bills between Rs. 2,000/- and Rs. 6,000/- and that in the month of 1.7.1989 he got the bill for Rs. 1,828/- for 1.9.89 Rs. 8,930/- and for 1.11.89 Rs. 11,232/- which are far excessive than the usual bills and that such excessive bills can only be either due to mechanical defect in the telecom system and also due to malpractices. He claimed for directions to revise the bills dated 1.7.89,1.9.89and 1.11.89 by deducting the said bills for sum not exceed...

N.B. Bhikshu Vs. State of Andhra Pradesh and anr.

Court: Andhra Pradesh

Reported in: 1994(1)ALT(Cri)359; 1993CriLJ3280; I(1994)DMC396

ORDER1. The petitioner is the son and the 2nd respondent in his father. The 2nd respondent has instituted M.C. No. 15 of 1991 on the file of the XVII Metropolitan Magistrate, Hyderabad claiming maintenance against the petitioner. Criminal Misc. Petition No. 1589 of 1991 was filed by the petitioner herein seeking determination of the question of jurisdiction on the ground that the parties belong to Tenali and had last resided together at Tenali, and that the petitioner was employed in Employees State Insurance Corporation, Bombay and had been staying in Bombay ever since then. The contention of the petitioner that the plea as available to the wife to sue wherever she is, is not extended to the father. The learned counsel for the petitioner, Mr. M. S. N. Prasad takes me to the provisions of S. 126, Cr.P.C. in this regard. S. 126, Cr.P.C. reads as follows :- 'Proceedings under section 125 may be taken against any person in any district - (a) where he is, or (b) where he or his wife resi...

Depot Manager, Andhra Pradesh State Road Transport Corporation Vs. V. ...

Court: Andhra Pradesh

Reported in: 1993(1)ALT684; 1993(1)ALT684; [1994(68)FLR336]; (1993)IILLJ351AP; (1993)IILLJ351SC

1. The short question that falls for consideration is whether the order dated April 18, 1990 made in I.D. No. 365 of 1989 on the file of the Labour Court, Godavarikhani, and published in Gazette dated July 23, 1990, could be sustained 2. The petitioner-Corporation filed the writ petition inter alia assailing the legality of the order dated April 18, 1990 on various counts. As seen from the record, respondent No. 1 - workman was removed from service of the petitioner-Corporation on December 11, 1975 on charge of misappropriation. As against that order, the workman filed on appeal before the Divisional Manager, Karimnagar, which was rejected on July 30, 1976. Therefore, respondent No. 1 filed a review before the Regional Manager, Karimnagar, which was rejected on December 2, 1976. After waiting for 14 years, respondent No. 1 moved the Labour Court, the 2nd respondent, by way of I.D. No. 365 of 1989, which was disposed of on April 18, 1990 directing reinstatement of respondent No. 1 in se...

Vijayalaxmi Printing Press Through Its Proprietor, Anand Rao Vs. Nandu ...

Court: Andhra Pradesh

Reported in: 1994(1)ALT665

S.V. Maruthi, J.1. This Civil Revision Petition arises out of the judgment of the learned Subordinate Judge, Nizamabad, dismissing C.M.A. No. 2 of 1989, filed against the judgment of the Principal District Munif and Rent Controller, Nizamabad, allowing R.C. No. 10 of 1980 filed by the respondents-landlords for eviction of the petitioner from the petition schedule premises.2. The tenant is the petitioner herein. The respondents who are the landlords filed a petition for eviction of the petitioner-tenant from the petition schedule premises. The petition schedule premises consisting of one mulgie and two rooms were purchased by the respondents. The respondents were put in possession of the two rooms. Since the petitioner was occupying the mulgie as a tenant, the mulgie was symbolically delivered to the respondents. The respondents were carrying on business in wholesale cloth in a partnership firm in a rented building and the first respondent wanted to start his own separate business in te...

Sompalli Visweswara Naidu Vs. the Manager, State Bank of India and Ano ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The appellants father had a locker in the State Bank of India, Kavali. He died on 7.1.1988 leaving behind him, his wife, two married daughters and the appellant. O.S. No. 53 of 1989 was filed by the sisters claiming a share. Subsequently, it was compromised whereby the sisters have relinquished their share and sisters have also informed the bank on 22.9.1989 and 27.9.1989 stating that they have relinquished their shares. It was, thereafter, a notice was sent to the Bank on 30.12.1989 by the appellant stating that certain promissory notes will be time barred, unless the locker is opened and the promissory notes were handed over. On 6.2.1990 an inventory of articles was taken, on 18.9.1989 and 4.1.90 on behalf of the appellant, notices were issued asking the bank to permit the appellant to operate the locker. To the said notices a reply was sent on 16.4.1990 by the Bank stating that the appellant has been promising to produce some authenticated documen...

Banjara Construction Company and Another Vs. P.R. Siva Prakash

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The respondent in these appeals, one Mr. P.R. Shiva Prakesh entered into an agreement with the appellant, that is, M/s Banjara Constructions Company Private Ltd. on 30.3.1990 for purchase of a Flat No. I and Garage No. II for a consideration of Rs. 1,82,00/- . According to the terms of the agreement, the purchaser of the flat has to pay the instalments mentioned in the schedule. Under Clause 15, it was agreed and declared that not-with-standing anything herein contained the second party, that is, purchaser, shall not be entitled to possession of the said unit until the execution of the sale deed and construction of the said unit thereon, and full payment of all dues hereunder. The Clauses 16 to 20 provide for payment of all costs etc., and for cancellation of agreement and for collection of interest, in case of failure to pay the instalments regularly. Clause 21 provides that the builder, that is, the second party shall construct the flat with all ex...

State Bank of Hyderabad and Etc. Etc. Vs. Advath Sakru and Another Etc ...

Court: Andhra Pradesh

Reported in: AIR1994AP170; 1993(1)ALT608

1. Second Appeals Nos. 268 of 1985, 832 of 1987 and 378 of 1986 were heard by a Division Bench of this Court consisting of V. Sivaraman Nair and D. J. Jagannadha Raju, JJ. In these appeals, Banking Companies are the appellants, while in A.S. No. 1778 of 1984 Union Bank of India is the first, respondent.2. The main point that was debated before the Division Bench was regarding applicability of Section 21-A of the Banking Regulation Act, 1949 to the transactions entered into between a Banking Company and its debtors.3. On behalf of the Banking Companies, it was contended that after coming into force of Section 21-A of the Banking Regulation Act, 1949 (for short 'Regulation Act, 19490, Courts are prohibited/debarred from reopening the transactions entered into between the Banking Company and its debtor invoking the provisions of Usurious Loans Act, 1918 (for short 'Act 10 of 1918') irrespective of the fact whether the transaction was entered into prior to the coming into force of Section ...

Dena Bank Vs. Industrial Times, a Registered Partnership Firm Rep. by ...

Court: Andhra Pradesh

Reported in: 1993(1)ALT727

ORDERG. Radhakrishna Rao, J.1. On the ground that even though the matter has been adjourned from time to time for adducing evidence and as they have not co-operated, the learned Subordinate Judge has passed the following order:'The plaintiff is not ready to proceed with suit although the date is fixed finally for the evidence of the plaintiff. The learned Counsel Sri. Umesh represent the learned Counsel of the plaintiff and requests time. Having regard to the facts and circumstances of the case, which is pending since 1984,I am of opinion that there is no justification in going on adjourning the case from time to time. Suit is therefore dismissed. No costs.'2. This was stated to have been passed in the presence of Sri. Umeshtari, Sri B.K.Seshu, Advocate for the plaintiff and Sri K.R. Raman, Advocate for defendants. Immediately thereafter, an application has been filed under Order 9 Rule 9 CPC to set aside the order. That application was disposed of by the lower Court holding that the p...

Tahsildar (Land Acquisition Officer) Vs. V. Venkatappa Rao and ors.

Court: Andhra Pradesh

Reported in: 1993(1)ALT652

G. Radhakrishna Rao, J.1. This is an appeal directed, at the instance of the State, against the judgment and decree of the Subordinate Judge, Suryapet dated 13th February, 1985, passed in O.P. 86 of 1984, on his file, enhancing the rate of compensation from Rs. 13,000/- per acre to Rs. 50,000/- per acre.2. In the year 1981 the Harijans of Ramapuram, hamlet of Neredcherla village have applied to the Block Development Officer, Huzurnagar for allotment of house sites on the ground that the present Harijan chery is congested one and it is unhygenic. As per the guidelines communicated by the Collector (S.W), Nalgonda, the list of beneficiaries has been prepared after conducting door to door enquiry in Neredcherla village. The total number of beneficiaries finally selected are 77 Scheduled Castes and 30 Backward community members, making a total of 107. According to the list of beneficiaries, the total extent of land required for house sites is worked out at Ac. 8-22 guntas or Ac. 8-55 cents...

Smt. Y. Anasuya Vs. Government of Andhra Pradesh, Rep. by Its Secretar ...

Court: Andhra Pradesh

Reported in: 1993(1)ALT661

P. Venkatarama Reddi, J.1. The question which is posed for consideration by the Full Bench is whether, for the purpose of renewal of cinematograph licence, it is competent for the licensing authority to go into the question of 'lawful possession' of the cinema building as distinct from mere possession. As the view taken by the Division Bench of this Court in W.A. No. 562 /87 dated 23-4-1987 conflicts with the view expressed in a later judgment reported in Lakshmi Talkies v. State of A.P. : AIR1991AP170 ., this matter has been referred to the Full Bench.2. The writ petitioner took on lease the building owned by the 3rd respondent by means of a registered lease-deed dated 3-9-1976. The lease was for a period of ten years. The lease-deed contemplates extension of lease for a further period of five years at a rent mutually agreed upon. The stipulated rent for the first five years was Rs. 500/- and for the next five years it was Rs. 600/-. The petitioner asked for extension of lease. The le...