Andhra Pradesh Court January 1994 Judgments

V. Samrajya Laxmi and anr. Vs. K. Govinda Rao L.A.O. and Deputy Direct ...

Court: Andhra Pradesh

Reported in: 1994(1)ALT282

ORDERB. Subhashan Reddy, J.1. While in the contempt case, the complaint is that the order dated 10-3-1992 passed by this Court in W.A. No. 1661/87 has not been complied with and that an amount of Rs. 8,92,046-12 as claimed by the petitioners as due and payable to them in view of the above judgment is not paid within the stipulated time and even after long lapse of the same, rendering the contemnors for action for contempt, the contemnors hae filed a petition for clarification in W.A.M.P. No. 1460/93 stating that the calculation made by the petitioners in the contempt case is wrong and erroneous and sought to clarify the order dated 10-3-1992 refuting the claim that the amount as claimed by the petitioners in contempt case as baseless. For clarity, we refer the petitioners in contempt case as writ appellants and the contemnors as respondents.2. We have perused the calculation memo filed both by the writ appellants and the respondents. The writ appellants have filed a fresh-calculation m...

The Land Acquisition Officer and R.D.O. Vs. Mylarapu Venkulu (Dies) by ...

Court: Andhra Pradesh

Reported in: 1994(1)ALT654

ORDERMotilal B. Naik, J.1. This revision petition is directed against the order of warrant of attachment issued by the Subordinate Judge, Suryapet in E.P.No. 64 of 1991 in O.P .No. 4 of 1976 dated 19-1-1993.2. The short question that falls for consideration is whether the lower Court was proper in entertaining the execution proceedings filed by the respondents seeking to implement the judgment and decree dated 17-8-1988 in A.S.Nos. 267 and 3223 of 1982 on the file of this Court?3. Few facts are necessary to clinch the issue either way and therefore, they are stated as under:-Lands of the respondents and others were acquired for the purpose of formation of by-pass road on National Highway No. 9 after following necessary formalities and award was passed on 16-10-1974 in award proceedings No. D/4975/73. The claimants sought reference to the civil Court under Section 18 of the land Acquisition Act not satisfied with the compensation awarded by the Land Acquisition Officer, which was taken ...

Puttur Mandal Domestic Gas Consumers' Welfare Association rep. by Its ...

Court: Andhra Pradesh

Reported in: 1994(1)ALT537

ORDERSyed Shah Mohammed Quadri, J.1. On 2-11-1992 by proceedings No. E4/5040/92, the 2nd respondent suspended the licence of the 3rd respondent under Clauses 12(1)(ii), 15, 20(1) and 28 of the Andhra Pradesh Petroleum Products (Licensing and Regulation of Supplies) Order, 1980. The 3rd respondent challenged the validity of the said order in this Court in Writ Petition No. 15132 of 1992. That Writ Petition was disposed of by order dated 19-11-1992 on the ground that the 3rd respondent (petitioner-therein) had an alternative remedy of filing appeal. The 3rd respondent thereafter filed an appeal on 27-11-1992. On 17-12-1992 the appellate authority disposed of the appeal. However, one year thereafter the 2nd respondent revoked the order of suspension on 18-11-1993. The validity of that order was questioned in Writ Petition No. 17975 of 1993 by the petitioner in the said Writ Petition (appellant herein). The learned Single Judge, before whom the Writ Petition came up for hearing, dismissed ...

G. Pullaiah Vs. Govt. of A.P. and Others

Court: Andhra Pradesh

Reported in: AIR1995AP126; 1994(1)ALT314

ORDER1. This writ petition has been filed seeking a declaration that for the Market Committees of Bhadrachalam and Boorgam-pahad of Khammam District, only non-tribal should be appointed as Chairmnian. The matter arises under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966, hereinafter referred to as 'the Markets Act'. Under rule making powers, rules have been framed titled 'Andhra Pradesh (Agricultural Produce and Livestock) Market Rules, 1969 which are hereinafter referred to as the 'Market Rules'. The Markets Act is intended to regulate the purchase and sale of agricultral produce, live stock and products of livestock and the establishment of markets therefor. The prime object of the. Markets Acts is to eliminate middlemen so that the owner and grower of the livestock gets the maximum price for. the commodity. By a notification, market committees are constituted fixing the respective strength thereof. The composition of the market committee should consist of...

Paruchuru Narasimha Rao Vs. Nune Pandu Ranga Rao and Another

Court: Andhra Pradesh

Reported in: AIR1994AP197; 1994(1)ALT659

ORDER1. The petitioner in these two Civil Revision Petitions was defendant in two suits, namely, O. S. No. 205 of 1988 and O. S. No. 203 of 1988 on the file of the Subordinate Judge, Tenali. The suits were filed for recovery of money and decrees were passed on 25-6-1992. The trial court while disposing of the suits scaled-down the interest by applying the provisions of the A. P. (Andhra Area) Agriculturists Relief Act (Act IV of 1938). The interest was awarded at 12% per annum. In the judgments rendered in the suits, a finding was given that the petitioner was an agriculturist within the meaning of S. 3(ii) of Act IV of 1938.2. The respondents-decree-holders filed E. P. for the execution of decrees passed in the aforementioned suits. In the E. Ps. the decree-holder sought for sale of 6 acres of wet land belonging to the petitioner and residential house, which were already attached. The petitioner raised an objection for sale on the ground that the house cannot be attached and sold in v...

Naga Reddy Narasa Reddy and ors. Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1994(1)ALT(Cri)405; 1994CriLJ2545

1. In view of the divided opinion of the two learned Judges constituting the Division Bench V. Sivaraman Nair and D. J. Jagannadha Raju, JJ. - This criminal appeal was listed before me pursuant to the order made by the Hon'ble the Chief Justice under S. 392 of the Criminal Procedure Code. 2. This appeal is from the judgment of the learned Additional Sessions Judge, Nellore in S.C. No. 80 of 1990 convicting the thirteen appellants herein - A.1, A.2, A.4 to A.7 and A.9 to A.15 - for committing the murder of one Pothireddy Kodandarami Reddy, son of Dasaratharami Reddy, Sarpanch of Pidathapolur village, Muthukur Mandal, Nellore District on 25-3-1989 at about 10.30 p.m., on the metal road at a distance of about one furlong from Brahmadevam Centre on Brahmadevam-Pidathapolur Road and sentencing them to suffer imprisonment for life under S. 302 r/w S. 149, IPC. They were also convicted under S. 147, IPC and each of them was sentenced to suffer R.I. for one year. A.7, A.9 to A.12 were convicte...

A.P.S.R.T.C., Bus Depot, Warangal Vs. V. Dharma Reddy and anr.

Court: Andhra Pradesh

Reported in: 1994(1)ALT360

ORDERP. Venkata Rama Reddy J.1. The Labour Court on an elaborate discussion of the evidence on record came to the conclusion that the non-issuance of tickets to ten passengers who were found to be not having tickets during the first and second checks, was not wilful and that there was a reasonable cause. The Labour Court also found that the 1st respondent closed the Tray Numbers upto stage No. 12 and six passengers boarded the bus only thereafter. So also the four passengers boarded the bus at stage No. 10 and the check was exercised at stage No. 11. The Labour Court noted that there was heavy congestion in the bus and having regard to the statements of the inspecting staff and the passengers it is quite possible that the 1st respondent-conductor would have issued the tickets but for the check. The Labour Court observed that the 1st respondent's explanation in not collecting the fare and issuing tickets to some of the passengers was not duly considered by the enquiry officer and the di...

Sri Lakshmi Agencies and ors. Vs. Govt. of A.P. Rep by Chief Secretary ...

Court: Andhra Pradesh

Reported in: 1994(1)ALT341

ORDERB. Subhashan Reddy, J.1. Is the public law remedy available for the tortious acts of the private individuals and whether the State is liable to pay compensation for such tortious acts of the private indiiduals? - This is the question which has to be answered in these cases.2. These writ petitions which are several in number seek for directions for payment of compensation to the petitioners for loss suffered to their properties as also business on account of arson and looting which took-place on 26-12-1988 in the aftermath of the murder of the Local MLA - Mr. Vangaveeti Mohanaranga Rao. The respondents are the State Government and its authorities and also the Central Government in some cases.3. Mr. Vangaveeti Mohanaranga Rao, then a sitting Member of the A.P. Legislative Assembly, was murdered by his opposite faction in the earliy hours of 26-12-1988. When the news of the said murder spread, there was sudden eruption of violence and immediately curfew was imposed in the concerned a...

Canara Bank and Others Vs. Sreeram Srinivas

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The opposite parties 1 to 4 in C.D. 54 of 1989 i.e. the Canara Bank and its Officials are the appellants, in this appeal. The sole respondent herein is the complainant in the C.D. No. 54/89. 2. The complainant filed a complaint alleging that he was S.B. Account holder bearing No. 313 since 1979, with the Canara Bank, branch at Andhra Nagar, Nizamabad. He deposited a sum of Rs. 20,000/- in his account on 25.5.87 with a view to utilise the same for the marriage of his daughter. Since the marriage was postponed to 1988, he did not draw the amount immediately. When he approached the bank sometime in February, 1988 he was informed that the cash was not available in the bank and was asked to come afterwards. On the next day i.e. on 27.2.88 he presented a cheque for Rs. 20,000/-. But he was informed that there was no amount to his credit in his account and that there was some fraud and that money was withdrawn from his account. According to him a complaint ...

Jupudi Venkata Vijaya Bhaskar Vs. Jupudi Kesava Rao (Died) and Others

Court: Andhra Pradesh

Reported in: AIR1994AP134; 1994(1)ALT241

ORDERM.N. Rao, J.1. This appeal and cross-objections are from the judgment and decree in O.S. No. 2 of 1980 on the file of the Sub-Court, Bhimavaram. The plaintiff is the appellant. Claiming himself to be the adopted son of the first defendant -- Jupudi Keshava Rao -- the plaintiff asked for partition and separate possession of 1/4th share in the plaint schedule properties. The second defendant is the minor son of the plaintiff. The parties belong to Vysya community.2. In brief, the case set up by the plaintiff was that on the request of the first defendant and his wife, Sesharatnam, his natural parents agreed to give him in adoption and from 1957 onwards, he has been living with the first defendant and his wife as their adopted son. The actual adoption took place in the presence of friends and relatives on 24-3-1962 in accordance with Hindu custom and tradition. Before the adoption, he was known as Gudivada Venkatarathnam and his name was changed to Jupudi Venkata Vijaya Bhaskar at th...