Andhra Pradesh Court June 1993 Judgments
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P. Seshachalam Vs. the Executive Officer, Sri Varadaraja Swamy Temple ...
Court: Andhra Pradesh
Decided on: Jun-30-1993
Reported in: 1993(3)ALT450
ORDERJagannadha Raju, J.1. The Writ Petitioner is a clerk working in a temple. He has come forward with this Writ Petition claiming that he is entitled to continue in service till he attains 65 years and he prayed for the relief of quashing the letter dated 24-4-1993 issued by the Executive Officer of the temple.2. The Advocate for the petitioner places reliance upon a Judgment of this Court in Writ Petition No. 5752 dated 7-8-1974 pronounced by a Division Bench of this Court in M. Satyanarayana Murthy v. Executive Officer, Sri Rameswaraswamy Temple, Achanta and Anr., and he contends that no rules were framed under Act No. 30 of 1987 regarding conditions of service and he tries to rely upon the rules issued in G.O.Ms.No. 1171, Endowments-I Department, dated 16th December, 1987 and claims that the age of superannuation for the clerk is 65 years and not 58 years, and hence the petitioner cannot be retired on his attaining the age of 58 years.3. The argument of the learned Counsel for the...
M/S. Bajrang Industries Vs. the General Manager, District Industries C ...
Court: Andhra Pradesh
Decided on: Jun-29-1993
Reported in: AIR1994AP10; 1993(2)ALT450
ORDER1. This petition for a writ of mandamus is filed by a Unit established in an industrially backward area in Vizianagaram District on the allegations that the Government of Andhra Pradesh have promised certain incentives like Investment Subsidy, Deferment of Sales Tax, 25% Power Rebate etc., in terms of G.O. Ms. No. 375 Industries and Commerce Department dated 23-8-85 (hereinafter referred to as 'G.O.Ms. No. 375); that the petitioner got registered with the respondent for the above incentives; that the respondent issued the Eligibility Certificate dated 31-3-88 for claiming the above incentives; that the District Level Committee in its meeting held on 3-10-88 sanctioned StateInvestment Subsidy of Rs. 41,535/- and Deferment of Sales Tax to the tune of Rs.62,302/-; that subsequently even the Director of Industries, Andhra Pradesh through his letter dated 30-3-89 informed the petitioner that the amount of Rs. 41,535/- has been released towards the State Investment Subsidy and directed ...
Annapoorna Fertilisers and General Stores Vs. Arunodaya Fertilisers an ...
Court: Andhra Pradesh
Decided on: Jun-29-1993
Reported in: AIR1994AP157; 1993(2)ALT577
ORDERSivaraman Nair, J.1. The plaintiff in O. S. No. 119 of 1983 before the Subordinate Judge, Machilipatnam is the appellant. That was partnership firm. The suit was instituted against another firm, of which the second defendant was the managing partner. The second defendant was one of partners of the firm Annapurna Fertilisers and General Stores, Bantumilli, which was initially constituted with Sabbisetti Rattayya and others. That was dissolved on 1-11-1982 with the simultaneous retirement of the second defendant from the partnership. Thereafter, a new partnership was formed under the name and style of the old firm consisting of different partners including the erstwhile managing partner. The new firm was constituted with effect from 1-11-1982. Simultaneously, the second defendant formed the first defendant partnership with himself and others. There were transactions between the first defendant firm and the plaintiff firm between December,1982 and January, 1983.2. The plaintiff-firm ...
N. Khadervali Saheb and anr. Vs. N. Gudu Sahib and ors.
Court: Andhra Pradesh
Decided on: Jun-29-1993
Reported in: AIR1994AP126
ORDERSyed Shah Mohd. Quadri, J. 1. The Civil Revision Petition and the Civil Miscellaneous Appeal arise out of the common judgment dated March 29, 1989 of the learned Principal Subordinate Judge, Ananthapur, in O.S. No. 3/73 and O.P. No. 38/74 on the file of his court. The petitioners in the C.R.P. are the appellant in the CMA. 2. To appreciate the controversy in these cases it would be useful to notice the relevant fact. Two brothers and one son of each of them entered into a partnership and started a business under the name and style of 'Sri Baba Fakruddin Oil Mills'. In the course of business disputes arose between the parties. They made reference of the disputes to the arbitrators. The arbitrators passed an award on 2.10.1972. Petitioners 1 and 2 in O.P. No. 38/74 filed that O.P. under Section 30 of the Arbitration Act to set aside the award dated 2.10.1972 and respondents 1 and 2 in the said O.P. filed O.S. No. 3/1973 under Sections 14 and 17 of the Arbitration Act praying the cou...
Bellana Kannam Naidu Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jun-29-1993
Reported in: 1994(1)ALT(Cri)717; 1994(1)ALT(Cri)717; 1994CriLJ1146
G. Radhakrishna Rao, J.1. The sole accused in S.C. No. 23 of 1992 on the file of the Court of the Sessions Judge, Vizainagaram, was tried for an offence under S. 302 of the Indian Penal Code for causing the death of his father, Bellanna Rama Murthy, hereinafter referred to as the 'deceased' by beating him with a stout casurina stick on his head on 20th September, 1991 at about 7.00 a.m. at Konda Konguva village, and was convicted by the learned Sessions Judge and sentenced to undergo imprisonment for life. 2. For the purpose of disposal of this appeal, it is necessary to set out the case of the prosecution in detail : The accused is the son of the deceased. The deceased had four daughters and three sons. The accused is the eldest son. The deceased and his sons partitioned their properties, and at the partition of the family properties, the sons left two small plots of land to the deceased for his maintenance. The deceased along with his wife, Pydithalli, were living separately. His you...
Smt. Kanta Bai Asawa and ors. Vs. Kranti Swaroop Machine Tools Pvt. Lt ...
Court: Andhra Pradesh
Decided on: Jun-29-1993
Reported in: 1993(2)ALT582
ORDERRanga Reddy, J.1. The above four Revisions petitions i.e., C.R.P.Nos. 2658/90, 2941/90, 3122/ 90 and 3129/90 are directed against the common Judgment in R.A.Nos. 387/89, 389/89, 390/89 and 388/89 respectively by which the orders of the Rent Controller made in R.C.Nos. 291/84, 292/84, 1972/86 and 1973/86 directing eviction of the tenant was revised.2. The Revision petitioners are the landlords and the respondents are the tenants. The Revision petitioners are the owners of two mulgies bearing Municipal Door Nos. 3-2-840/6 and 3-2-840/7 situated at Kachiguda, Hyderabad. The respondents took the mulgies on a monthly rent of Rs. 500/- each and executed registered lease deeds separately in respect of each mulgi. They are Exs.A-1 and A-2 dated 23rd September, 1978. As per the terms of lease deed the tenancy commences on first of every calendar month and that the rent is payable in advance on or before 10th of every month. The tenants had also agreed to pay the municipal taxes. It was fur...
Anisetti Sivaprasada Rao Alias Sivayya Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jun-28-1993
Reported in: 1994(2)ALT(Cri)259; 1994CriLJ1760
Radhakrishna Rao, J.1. These two appeals arise out of the judgment of the learned III Additional Sessions Judge, East Godavari at Kakinada in S.C. No. 316 of 1991, whereby the learned Addl. Sessions Judge acquitted A.1 of the offence punishable under Section 302 of the Indian Penal Code and convicted and sentenced him to undergo rigorous imprisonment for 1 1/2 years and to pay a fine of Rs. 200/- in default to suffer Simple Imprisonment for ten days for the offence punishable under Section 498A, I.P.C., and acquitted A.2 of the offences punishable under Section 302 and 498A of the Indian Penal Code. 2. Crl. A. No. 223 of 1992 is filed by A.1 against his conviction and sentence for the offence punishable under Section 498A, I.P.C. while Crl.A. No. 778 of 1992 is filed by the State against the acquittal of A.1 and A.2 for the offence punishable under Section 302 of the Indian Penal Code. 3. There were four accused in the Sessions Case before the learned Addl. Sessions Judge A.4 died duri...
Yellaboyina Peda Brahmaiah Vs. B. Srinivasa Goud and ors.
Court: Andhra Pradesh
Decided on: Jun-28-1993
Reported in: 1994(2)ALT179
ORDERG. Radhakrishna Rao, J.1. These appeals are preferred against the judgment dt.27-9-1989 passed in M.V.O.P. No. 336 of 1987 on the file of the Motor Vehicles Accidents Claims Tribunal (III Additional District Judge), Guntur.2. The facts giving rise to the filing of the above O.P. are that the appellant in CMA No. 793/87 who was a vegetable vendor, was travelling in a lorry bearing Regn. No. AET 5981 from Pylong Colony to reach Macherla, on 22-2-1987. The driver of the vehicle drove the lorry rashly and negligently when reached the curve near Econampt Junction on Nagarjunasagar-Macherla Road, as a result of which the lorry fell down on its right side resulting in fatal injuries to the claimant herein.3. The Court below after elaborately considering the material available on record, held that the driver drove the vehicle in a rash and negligent manner, and awarded compensation of Rs. 10,000-00 to the claimant towards disability, pain and suffering. As against the said award, the Insu...
L. Venkateswara Rao and ors. Vs. Singareni Collieries Company Ltd., Re ...
Court: Andhra Pradesh
Decided on: Jun-25-1993
Reported in: 1993(3)ALT199
A. Lakshmana Rao, J.1. The petitioners in all these writ petitions are contractors who have undertaken to execute works of civil nature entrusted to them by the Singareni Collieries Company Limited (hereinafter referred to as 'the respondent company'). The execution of the work is governed by he terms and conditions incorporated in a written agreement entered into by the respondent company with each one of the contractors. It is stated that till the year 1983 the respondent company was holding lease hold rights for the excavation of minor minerals such as building stone, lime-kankar, sand etc., from specified quarries. The contractors have been using the minor minerals excavated from the quarries in respect of which, lease-hold rights have been granted in favour of the respondent company by the Mines Department under the Andhra Pradesh Minor Mineral Concession Rules, 1966, in the execution of the works entrusted to them. As regards the payment of seigniorage fee on the minor minerals e...
Smt. MangammA. (Died) and Another Vs. M.B. Subbaramappa Nayanimvaru an ...
Court: Andhra Pradesh
Decided on: Jun-23-1993
Reported in: AIR1994AP147
ORDERM.N. Rao, J.1. The Appellant is' the legal representative of the I st defendant in the suit, O.S. No. 9 of 1974 on the file of the Court of the Principal Subordinate Judge, Chittoor. The respondents are the plaintiffs in the suit. Their paternal grandfather was one Rama-dasappa Nayanimvaru. Mangarnma, the 1st defendant in the suit was the permanent kept mistress of the said Ramadasappa Nayanimvaru. He also had two legally wedded wives. On 29-2-1932 Ramadasappa Nayanimvaru executed a gift deed (Ex. B-1) gifting away a double storeyed building known as Swarna Mahal in Chittoor town to Mangamma. Thereafter some time in the year 1937 Ramadasappa Nayanimvaru died. After his death Mangamma instituted a suit, O.S. No. 62 of 1937 on the file of the Court of the Subordinate Judge, Chittoor against Sesha-chalapathi Rajulumgaru, the father of the plaintiffs seeking maintenance. That suit ended in a compromise (Ex. A-4). The said compromise decree has two schedules. Schedule A pertains to the...
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