Andhra Pradesh Court April 1993 Judgments

M/S. Sri Ananda Ice Factory Vs. the Assistant Divisional Engineer Elec ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. Case under Section 17a (1) of the Consumer Protection Act, 1986 praying that in the circumstances stated in the memorandum of grounds filed herein in the State Commission will be pleased to quash the letter No. ADE/OP/R/WGL/F.DOCK/D. No. 34/93 dated 20.4.93 as illegal and arbitrary. 2. This case coming on for hearing upon perusing the memorandum of grounds filed herein and upon hearing the arguments of Mr. P. Kesava Rao, Advocate for the complainant and of Mr. C. Nagarjuna Reddy, Advocate for the opposite party, the Commission made the following order: 3. The Standing Counsel, Mr. Nagarjuna Reddy took notice. He raised an objection that the consumer dispute is not maintainable, since the power used by the complainant is admittedly for a commercial purpose and that therefore, the complainant cannot be a consumer and is not entitled for any relief under the Consumer Protection Act, 1986. This Commission in C.D. 92/92 took the same view. Hence we have n...

Srikrishna Textiles, a Partnership Firm, Rep. by Its Duly Constituted ...

Court: Andhra Pradesh

Reported in: 1993(2)ALT92

P. Ramakrishnam Raju, J.1. The Plaintiff in O.S.No. 2170/89 on the file of the IV Additional Judge, City Civil Court, Hyderabad is the petitioner herein, who is questioning an order made in I.A.No. 919/90 granting unconditional leave to the respondents-defendants to contest the suit filed under Summary procedure.2. The suit was filed for recovery of Rs. 56,238-29 Ps. together with interest, being the amount due in respect of certain cloth sold and delivered on credit basis. The respondents made part payments and the suit is laid for the balance. It is stated that the first respondent is the firm of which the second respondent is the proprietor; while the third respondent is his wife. The respondent Nos.2 and 3 executed a letter dated 23-2-1987 wherein, the second respondent admitted his liability in a sum of Rs. 56,625-89 Ps. for which the third respondent also gave security. Therefore, the suit is filed under Order 37, Rule 1 C.P.C. The respondents objected contending that the suit is...

Kantamaneni Venkateswara Rao and anr. Vs. Meka Venkateswara Rao and an ...

Court: Andhra Pradesh

Reported in: 1993(2)ALT480

ORDERSyed Shah Mohammed Quadri, J.1. This Civil Revision Petition is directed against the order dated April 26,1991 passed in I.A.No. 926 of 1985 in O.S.No. 67 of 1974 on the file of the Subordinate Judge, Machilipatnam. The petitioners herein are the plaintiffs in the said suit and the respondents are the defendants. Hereinafter, the parties will be referred as 'Plaintiffs' and 'Defendants'.2. On 19-7-1970 the parties entered into an agreement for sale of an extent of. Ac.00.90 cents situated in Pagolu village for a consideration of Rs. 12,150/-. Under the said agreement, the plaintiffs were handed over possession of the said property. On 20th August, 1974, the plaintiffs filed the said suit for specific performance of the agreement of sale, which was decreed on 12-9-1977. The decree provided inter alia that the balance of sale consideration payable under the agreement for sale with interest at 12% per annum from 19-7-1970 to 20th July, 1977, be paid within three months from the date ...

Commissioner of Income-tax Vs. Late Begum Noor Banu AlladIn and anr.

Court: Andhra Pradesh

Reported in: 1993(3)ALT105; [1993]204ITR166(AP)

Syed Shah Mohammed Quadri and S. Parvattha Rao, JJ. 1. This is a reference at the instance of the Commissioner of Income-tax as required by this court under section 256(2) of the Income-tax Act, 1961, in its decision dated October 11, 1979, in Income-tax Case No. 31 of 1979. 2. The relevant facts as stated in the statement of case are as follows : The assessee's lands admeasuring about 49 acres were acquired by the Government under the Land Acquisition Act and possession of the same was taken on October 11, 1957. After the land Acquisition Officer passed the award, the assessee took the matter on reference to the City Civil Court in Original Petition No. 207 of 1959. The City Civil Court by its decree dated July 24, 1961, enhanced the compensation. On further appeal to the High Court in C. C.A. No. 26 of 1963, the compensation was further enhanced by a sum of Rs. 1,02,797.07 and the interest which worked out to Rs. 72,026 was received by the assessee on July 30, 1969. The present contr...

S.V. Cement Ltd., Rep. by Its Managing Director, T. Kona Reddy Vs. Rev ...

Court: Andhra Pradesh

Reported in: 1993(2)ALT32

ORDERP.L.N. Sarma, J.1. This writ petition was filed for a Mandamus or any other appropriate Writ or Order or direction restraining the respondents from determining the Non-Agricultural Land Assessment on the entire land of Ac.30-02 cents in S.No. 440/A3 situate at Kanakadripalli, H/o Itikala Village, Kolimigundla Mandal, Kurnool District. The petitioner further sought a direction to determine the Non-Agricultural Land Assessment only on the extent of 2431.99 square metres which is the actual area occupied by the Cement Factory.2. Petitioner is a Company incorporated under the Companies Act. It was assigned an extent of Ac.30-02 cents for the purpose of starting Cement Factory. The assignment by way of alienation was made by the Proceedings of the Collector in Rc.B.469935/84 dt.8-6-1985. The Cement Factory was constructed and actually commissioned for production in May, 1986. According to the affidavit filed in support of the writ petition, the Factory consists of buildings wherein the...

Peesapati Venkataramana Bhasyakacharyulu Vs. the Land Acquisition Offi ...

Court: Andhra Pradesh

Reported in: 1994(2)ALT287

G. Radhakrishna Rao, Adv.1. This is an appeal preferred by the second petitioner having been aggrieved by the compensation at Rs. 20,000/- per acre granted by the learned Subordinate Judge, Bhimavaram in O.P. No. 67/1984 on his file.2. Land measuring about Ac. 4.13 cents in S.No. 70/3 etc., was acquired for the purpose of providing house sites. Section 4(1) notification was published in the Gazette on 8-12-1983. Possession was taken on 18-2-1984. The Land Acquisition Officer passed award on 2-3-1984 awarding compensation at the rate of Rs. 15,000/- per acre. On reference P.Ws. 1 to 4 were exmined on behalf of the petitioner and Exs. A-l to A-5 were marked. On behalf of the Land Acquisition Officer, M.R.O. Veeravasaram was examined as R.W. 1 and Exs.B-1 to B-10 were marked. Considering the evidence on record, the lower Court passed an order on 31-8-1988 awarding compensation at the rate of Rs. 20,000/- per acre. It is against that, the claimants have filed the appeal claiming enhancemen...

P. Ram Reddy Vs. Land Acquisition Officer, Hyderabad Urban Development ...

Court: Andhra Pradesh

Reported in: 1993(2)ALT1

G. Radhakrishna Rao, J.1. These two appeals arise out of O.P.No. 129 of 1988 on the file of the Additional Subordinate Judge, Ranga Reddy District, dated 18-1-1991 by which the learned Subordinate Judge enhanced the compensation by Rs. 60/-per square yard over and above the compensation of Rs. 20/- granted by the Land Acquisition Officer, Hyderabad Urban Development Authority, hereinafter referred to, for short, as 'HUDA'; in other words, fixing the market value of the land acquired at Rs. 80/- per square yard. Having been aggrieved by the enhancement granted by the learned Subordinate Judge, the Land Acquisition Officer, HUDA preferred A.S.No. 2087 of 1991. Claimant has also preferred A.S.No. 1565 of 1991 claiming a total compensation at the rate of Rs. 200/- per square yard.2. As both the appeals arise out of the same judgment, both the appeals are being disposed of by a common judgment.3. In order to appreciate the proper questions of law and fact involved in the matter, it would be...

B. Keshavulu Naidu Vs. L. Bhaskar Naidu and B. Krishnaiah

Court: Andhra Pradesh

Reported in: 1993(2)ALT224

ORDERImmaneni Panduranga Rao, J.1. This petition is filed to review the order dt: 26-3-93 passed in C.M.P.No. 5465 of 1993 on the ground that the order is vitiated by an error apparent on the face of the record.2. The learned Advocate-General appearing for the review petitioner argued that the review petitioner who is the defendant in the suit has denied the execution of the promissory note on behalf of himself and as manager of the joint family; that the said promissory note was concocted at the instance of one Dr. Shyamala Devi and her husband Sri S. Krishnama Naidu, a former Additional Public Prosecutor, Chittoor; that the attachment before judgment was ordered contrary to the provisions of law on 31-12-1992; that the attachment was effected and the attached property was removed and carried away; that when once the third-party security was furnished by the revision petitioner in pursuance of the decision of this court dt: 17-3-1993 in CR.P.No. 783 of 1993 the attachment is raised an...

K. Panduranga Rao Naidu Vs. Kanteti Jagadeswari

Court: Andhra Pradesh

Reported in: 1993(2)ALT405

ORDERImmaneni Panduranga Rao, J.1. These two revisions are preferred against the orders passed by the 1st Addl. Subordinate Judge, Vijayawada in I.A.Nos. 1389 and 1390 of 1991 filed under Order 37 Rule 4 C.P.C. and under Order 9 Rule 7 C.P.C. for setting aside the dismissal order dt.26-2-90 in I.A.No. 469/90 and to restore the same to the file.2. The facts leading to filing of the revision petitions are that the plaintiff filed a suit for recovery of balance of money due under three promissory notes dated 16-5-80, 1-1-81 and 11-7-85. Preceding the filing of the suit, the plaintiff issued a registered noticedt.16-8-89. It was returned unservedon24-8-1989. Thereafter the plaintiff issued another registered notice dt.23-9-89 demanding the balance due under the promissory notes. The defendant is said to have replied thereto admitting the consideration under the second and third promissory notes but pleading that the first promissory note dt.16-5-80 is supported by the consideration only to...

Dr. P. Ramakrishna Rao Vs. Selection Committee for Post Graduate Cours ...

Court: Andhra Pradesh

Reported in: 1993(2)ALT593

ORDERSeetharam Reddy, J.1. In this case the question o caste to which the petitioner belings in involved. He has completed his MBBS. Course as a candidate belonging to 'Konda Kau' which finds place in the list of Presidential Order as a Scheduled Trible. In respect to two of his brothers, who too are similarly involved regarding their caste to be established, two writ petitions are pending. In their case, however, the Writ Petitions were filed during their prosecution of MBBS Course itself.2. So far as the petitioner's father's case is concerned, when he was in service in the Department of Central Excise, a question arose as to which caste be belonged. There was an inquiry in that behalf and the then District Collector, on an inquiry, held that he belonged to 'Konda Kapu' a Scheduled Tribe. He was, therefore, appointed to the post reserved for Scheduled Tribes and his appointment was held to be a proper one. Now he is said to have retired from service. However, when proceedings were so...