Andhra Pradesh Court September 1993 Judgments
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K. Laxma Reddy Vs. Principal, I.T.i., Government College
Court: Andhra Pradesh
Decided on: Sep-13-1993
Reported in: 1993(3)ALT165
ORDERMotilal B. Naik, J.1. This Writ Petition is filed seeking a Mandamus for a declaration that the petitioner is eligible and entitled to appear for the examination of 'Engineering Drawing' test in the Trade of Fitter of I.T.I., and a consequential direction to the respondent to permit the petitioner to appear for the said examination to be held in the month of July, 1993, or on any subsequent date.2. It is the case of the petitioner that for the year 1985-86 he secured seat in the 1st respondent-Institution in the Trade of Fitter and completed the course by July, 1986. Though he appeared for the final examination in July, 1986, he failed in one subject viz., Engineering Drawing test and, therefore, he was preparing to appear for the next ensuing examination. Unfortunately, he fell sick due to Polio and was under the treatment of a Government Doctor from January, 1987 onwards. After obtaining the Medical Certificate from the Government Doctor in June, 1993, he approached the responde...
Chigurupati Sambasiva Rao Vs. Chigurupati Vijayalakshmi
Court: Andhra Pradesh
Decided on: Sep-13-1993
Reported in: 1994(1)ALT161
G. Radhakrishna Rao, J.1. This appeal is filed against the order of dismissal in O.P.No. 560 of 1987 by the learned Subordinate Judge, Khammam.2. O.P. No. 560 of 1987 was filed by the husband for divorce under Section 13(1)(b) of the Hindu Marriage Act, on the ground of desertion. It is averred by the petitioner-husband that his marriage took place with the respondent on 16-6-1979 at Vijayawada as per Hindu rites and custom and the same was consummated; that during the wedlock, they were blessed with two daughters; that the petitioner, who was working in Postal Department at Vijayawada, put up his family in his own village i.e., Penamaluru, which is nearer to Vijayawada and there the respondent lived for a period of six months with the petitioner; that thereafter, she left the company of the petitioner without any reasonable cause and excuse and began to live in the house of one Smt. Arvapalli Suseela; that thereafter, the respondent went to her native place Bommaluru and stayed there ...
K.N. Venkatarama Chetty and Another Vs. V. Lakshmiram Chetty and Other ...
Court: Andhra Pradesh
Decided on: Sep-10-1993
Reported in: AIR1994AP47
ORDER1. The question that arises for consideration in this revision petition is, whether a suit insituted under the provisions of Section 77 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 ('old Act', for short) can be continued after the said Act was repealed by the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 ('new Act', for short) or, whether it should be treated as an appeal and continued under the new Act.2. The petitioners instituted proceedings against the respondents before the DeputyCommissioner of Endowments which ended in favour of the petitioners. The respondents filed a suit OS No. 3/87 in the District Court,Chittoor, under Section 77 of the old Act. Subsequently, the new Act came into force with effect from 28-5-87 repealing the old Act. The petitioners filed IA No. 474/91 requesting the Court to determine the maintainability of the suit in view of the provisions of the Act, under which an appeal alone lay befo...
Hyderabad Urban Development Authority Vs. Raghunandan
Court: Andhra Pradesh
Decided on: Sep-10-1993
Reported in: 1994(3)ALT532; 1995(1)ARBLR308(AP)
ORDERP.L.N. Sarma, J. 1. Respondent in O.P. No. 179 of 1991 is the petitioner in this revision. It is challenging the order of the 1st Additional Judge, City Civil Court, Hyderabad, in O.P. No. 179 of 1991 dated 8.7.1993 appointing a Retired Chief Engineer (Roads & Buildings) as Arbitrator on an application filed under Section 8 of the Arbitration Act, 1940 (for short 'The Act'). 2. The parties are referred to as HUDA and Contractor for convenience sake. 3. The tender submitted by the contractor was accepted by HUDA and the acceptance was communicated to the contractor by communication dated 19.6.1985. Agreement was also concluded between the parties on 14.6.1985. The work entrusted to the contractor as per the agreement is the construction of 269 houses for Vemana Co-operative Housing Society at Chanda Nagar. The approximate estimated value was fixed at Rs. 55,55,944/-. 80 ps. According to the Contractor, work was completed and a notice was issued to HUDA on 21.3.1991 to settle his cl...
Sailada Chinathalli and ors. Vs. Oriental Insurance Company Limited, R ...
Court: Andhra Pradesh
Decided on: Sep-10-1993
Reported in: 1994(2)ALT500
V. Sivaraman Nair, J.1. On 30.12.1986 at about 4.30 P.M. a Motor Cycle registered as ADN 4756 hit Sri Sailada Appalanaidu, while he was proceeding along with Taddi Thatha by the side of Rajapulova-Vizianagaram road. He fell down on the road as a result of the impact and died shortly thereafter. His wife, two sons and 2 daughters filed O.P. 189/87 under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') claiming compensation of Rs. 1,50,000/- from the person who was riding the vehicle (1st respondent), the owner of the vehicle (2nd respondent) and the insurer (3rd respondent). The 1st and 3rd respondents alone contested the matter. The 2nd respondent was called absent and set ex parte. The claimants examined three witnesses including the 1st claimant, widow, a companion of the deceased who was an eye-witness and the medical witnesses. They also marked the pay-slip of the deceased who was an employee in a jute mill, certified copies of the F.I.R., accide...
Y. Nirmala Vs. Marella Lakshmi Kantham
Court: Andhra Pradesh
Decided on: Sep-09-1993
Reported in: 1994(1)ALT307
ORDERS.V. Maruthi, J.1. This revision petition is filed against the order of the Subordinate Judge, Bhimavaram in Civil Misc. Appeal No. 7 of 1990. The defendant is the petitioner in this revision petition. The respondent filed a suit O.S. No. 375 of 1985 in the Court of the First Additional District Munsif, Bhimavaram on the basis of a promissory note. The suit was posted on 26-4-1989 for the cross-examination of P.W.1. The defendant, who was residing at Hyderabad, engaged a Counsel. The Counsel filed an application seeking adjournment of the matter. The learned First Additional District Munsif refused to grant adjournment and declared the defendant ex parte. On the very same day, an ex parte decree was passed. The. petitioner filed an application I.A. No. 551 of 1989 to set aside the ex parte decree, which was dismissed by the First Additional District Munsif. Against that order, the defendant filed Civil Miscellaneous Appeal No. 7 of 1990 before the Subordinate judge, Bhimavaram, wh...
M/S. Ultra Drytech Engineering Private Limited Vs. M/S. Niraj Petro-ch ...
Court: Andhra Pradesh
Decided on: Sep-08-1993
Reported in: AIR1994AP33; 1993(3)ALT624
ORDERG. Radhakrisna Rao, J.1. This civil miscellaneous appeal is filed against the order and decree made in I.A. No. 2368 of 1991 in O.S. No. 897 of 1991 on the file of the Second Additional Judge, City Civil Court, Hyderabad. The learned Judge allowed the said application filed by the respondent/ plaintiff thereby making the interim injunction granted on 24-9-1991 absolute, restraining the petitioner/defendant from disposing of or alienating the petition schedule properties including the furniture, fittings, machinery, etc., till the disposal of the suit.2. Original Suit No. 897 of 1991 was filed by the plaintiff against the defendant for recovery of Rs. 69,82,022-90 ps., with future interest thereon for the loss sustained by it for breach of contract by the defendant. Application for injunction was filed in the said suit, which was allowed as stated supra. Aggrieved by the same, the defendant preferred this appeal.3. The main contention of the learned counsel for the appellant is tha...
Metla Prabhakara Rao Vs. Anne Hemalatha
Court: Andhra Pradesh
Decided on: Sep-08-1993
Reported in: 1993(3)ALT382; I(1994)DMC514
G. Radhakrishna Rao, J.1. This appeal arises out of the orderpassed on 30.10.1989 by the Additional Chief Judge-cum-Second Additional Special Judge for SPE and ACB cases, City Civil Court, Hyderabad, in Original Petition No. 199 of 1988.2. The said petition was filed for dissolution of marriage under Section 27(1)(b) of the Special Marriage Act by the petitioner-husband stating that he was married to the respondent on 17.4.1974 under the Special Marriage Act at Visakhapatnam vide Ex. A-1 certificate; that they lived together as husband and wife at Hyderabad till October, 1985; that thereafter differences arose between them as the respondent was devoting her entire time in the activities of the service association as its President while she was working as a Clerk in the Andhra Pradesh State Financial Corporation and that she neglected and deserted him since October, 1985. It is stated further that he issued a notice to her on 17,2.1988 to which she replied with false allegations.3. Resp...
The Land Acquisition Officer-cum-m.R.O. Vs. Gouramma
Court: Andhra Pradesh
Decided on: Sep-08-1993
Reported in: 1993(3)ALT193
ORDERG. Radhakrishna Rao, J.1. An extent of Ac.1-35 guntas with a well covered by Survey No. 24/2 in Pargi Town, Rangareddy District, was sought to be acquired by the Government for providing house sites to the Weaker Sections. Notification Under Section 4(1) of the Land Acquisition Act was made on August 28, 1989 i.e., subsequently after filing of the writ petition. Award of the Land Acquisition Officer was passed on May 25, 1990. In this case, possession of the land was taken on June 5, 1986. The Land Acquisition Officer fixed compensation of the land at Rs. 7,500/- per acre and for the well, the compensation was fixed at Rs. 5,000/-. The claimant sought enhancement of compensation at the rate of Rs. 350/- per square yard for the land and for well at Rs. 50,000/-. The Land Acquisition Officer taking into account the statastics collected or furnished before him, fixed compensation at Rs. 7,500/- per acre and the well at Rs. 5,000/-. Dissatisfied with the above compensation, both for t...
D.K. Rao Vs. Government of India, Rep. by Its Secretary, Ministry of S ...
Court: Andhra Pradesh
Decided on: Sep-07-1993
Reported in: 1994(2)ALT646
S. Dasaratharama Reddy, J.1. The appellant who is a member of Indian Administrative Service, Gujarat Cadre, was appointed as Deputy Chairman of Visakhapatnam Port Trust by Government of India by Notification dated 24-4-1991 issued under Section 3(1)(b) of the Major Port Trusts Act, 1963 (in short 'the Act')- As per the proceedings dated 30-7-1991 addressed to the Chairman, Visakhapatnam Port Trust, the tenure of appointment of the appellant was upto 31-5-1995 i.e., for a period of four years. On 7.5.1993, the Government of India passed Orders repatriating him to his parent cadre with immediate effect. Consequently, he was relieved of the duties of the Deputy Chairman on 7-5-1993. The appellant has filed writ Petition No. 6443/93 challenging the proceedings.2. At the time of admission of the Writ Petition, the learned single Judge directed on 19-5-1993 that the appellant shall be permitted to go on leave to which he is entitled and also that the Government of India shall not fill up the...