Andhra Pradesh Court October 1994 Judgments
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Potluri Babu Rao and ors. Vs. Sistla Neelagriva Sastry and ors.
Court: Andhra Pradesh
Decided on: Oct-18-1994
Reported in: 1994(3)ALT669
S. Parvatha Rao, J.1. These five appeals arise out of a common judgment dated 8-4-1991 of the learned Subordinate Judge at Vijayawada in the two suits O.S. Nos. 248 and 453 of 1981. These two suits were dubbed together and evidence was recorded and documents were marked in O.S. No. 453 of 1981. Both the suits are for specific performance of their respective agreements of sale in respect of the same property described in the plaint schedule in O.S. No. 248 of 1981 and in the plaint-A schedule in O.S. No. 453 of 1981 (hereinafter referred to as 'Plaint Schedule Property'). Plaint Schedule Property comprises of an exent of Ac. 1.05 cents of dry land situated in the village of Prasadampadu near Vijayawada in Krishna District (Ac. 0-65 cents in D. No. 63/10 and Ac. 0-66 cents in D. No. 63/11) within the boundaries given in the respective plaint schedules together with Dall Mill known as 'Gopalakrishna Dall Mill' with the machinery and the structures detailed and stated in the registered 'le...
Boya Chinna Subbarayudu Vs. the Collector and District Magistrate, Kur ...
Court: Andhra Pradesh
Decided on: Oct-17-1994
Reported in: 1994(3)ALT467; 1994(2)AnWR75; 1995CriLJ364
M.N. Rao, J.1. The petitioner, Boya Chinna Subbarayudu, is challenging in this writ petition the order passed by the District Collector and District Magistrate, Kurnool, the first respondent herein, on 13-7-1994 in Re. C1/2317/M/94 by which one Boya Naidu O. Boya Savenehu, the brother of the petitioner, was detained under section 3(2) of Act 1 of 1986 (A.P. Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986) 'with a view to prevent the detenu from further acting in a manner prejudicial to the maintenance of public order.' The State Government has confirmed the order of the District Collector and the Advisory Board has expressed the opinion after hearing the petitioner that in its opinion there is sufficient cause for the detention of the detenu in question. The period of detention as fixed by the Government under section 12 is one year with effect from the date of detention. 2. In support of the or...
N. Raji Reddy Vs. the Warangal District Co-op. Central Bank Ltd. and o ...
Court: Andhra Pradesh
Decided on: Oct-17-1994
Reported in: 1994(3)ALT431; (1996)ILLJ492AP
ORDERB. Subhashan Reddy, J.1. Writ Petition No. 15762 of 1987 is filed against an order of removal of the petitioner, which was notified in a local news paper'Warangal Vani' dated February 13, 1987. The petitioner was appointed as a Paid Secretary in the Warangal District Co-operative CentralBank Limited on June 8, 1977. On January 4, 1986 a person - incharge was appointed as the term of the elected Managing Committee had expired. Disciplinary action was initiated against the petitioner on the ground that he was a habitual absentee. On September 29, 1986, a charge memo was issued calling upon the petitioner to answer the same. But the same was not addressed to him personally and it is admitted by the respondents that the same has not been served on the petitioner. The only mode of communication was displaying the said charge memo on the notice board of the office of the above Bank as also on the notice board of the concerned Gram Panchayat; in consequence, the petitioner could not pres...
V. Ananda Naidu Vs. Sri Vyasaraman, Rep. by Vyasarama Peetadhipathi Da ...
Court: Andhra Pradesh
Decided on: Oct-17-1994
Reported in: 1995(2)ALT672
ORDERMotilal B. Naik, J.1. Heard the learned Counsel for the petitioner as well as the learned Counsel for the respondents at length.2. The petitioner has preferred an appeal against the judgment and decree in O.S.No. 935 of 1986 before the District Court, Chittoor. Along with the appeal an application under Section 5 of the Limitation Act seeking to condone delay of 90 days was also filed. It is stated that the application filed for condonation of delay was not considered by the Court below and was dismissed. Aggrieved by the said dismissal order, the present Civil Revision Petition is filed.3. Sri. A.T.M. Rangaramanujam, the learned Counsel appearing for the petitioner states that the delay in preferring the appeal against the judgment and decree in O.S.No. 935 of 1986 dated 15-7-1993 though was not properly explained, but the fact remains that the petitioner was suffering from Blood Pressure and heart ailment and was advised bed rest by a Doctor for the period from 15-7-1993 to 15-1...
Deepthi Enterprises, Rep. by Its Managing Partner, Shri Galla Seetha R ...
Court: Andhra Pradesh
Decided on: Oct-17-1994
Reported in: 1994(3)ALT477
S.S. Ahmad, C.J.1. This appeal is directed against the judgment of the learned Single Judge of this Court by which the writ petition of the appellant for a direction to the State Bank of Mysore (second respondent) not to pay the amount covered by the bank guarantee to the Tamilnadu Agro-Industries Corporation Limited (first respondent) was dismissed.2. From the facts set out in the petition it appears that the Tamilnadu Agro Industries Corporation Limited, Madras, had advertised in 1988 for engaging active and interested firms in promoting the sales of their sunflower Refined Oil, under the Brand name 'Sunola', in the State of Andhra Pradesh. The petitioner was appointed as Forwarding and Clearing Agent of the respondent on and with effect from 21-10-1988 for a period of five years under a written agreement, one of the conditions of which was that the petitioner would execute an irrevocable continuing bank guarantee in the sum of Rs. 3,00,000/- in favour of the first respondent, which ...
Aluru Venkata Rao Vs. Kodali Venkata Sri Krishna Jaganmohana Rao
Court: Andhra Pradesh
Decided on: Oct-17-1994
Reported in: 1994(3)ALT538
ORDERB.K. Somasekhara, J.1. The order of the learned District Munsif (Sri P. Laxminarayana), Nuzvid in E.P. No. 12/91 (O.S. No. 244/89) dated 16-6-1994 is challenged in this revision petition. The petitioner is the Judgment-debtor in E.P. 12/91 and respondent is the Decree-holder. The decree-holder was executing the decree obtained by him as against the petitioner. The respondent sought the assistance of the Court to arrest and detain the petitioner in civil prison till he paid the decretal amount. The petitioner resisted the execution petition pleading mat he had no income and that he was unable to maintain himself and his family members with the meagre income he was getting. He also undertook to clear off tile decretal amount in two years. The learned Munsif after hearing both the sides and on the basis of the material available before him came to the conclusion that there was no merit in the resistence of the petitioner and ordered issue of arrest warrant to keep him in civil prison...
Bandela Ailaiah Vs. State of Andhra Pradesh Through Public Prosecutor
Court: Andhra Pradesh
Decided on: Oct-07-1994
Reported in: 1994(2)ALT519; 1994(2)AnWR551
B.K. Somasekhara, J.1. The appellant is the accused No. 3 in SC No. 259/93 on the file of the Sessions Judge, Karimnagar. He along with five other accused were prosecuted for the offences punishable under sections 148, 302, 506 and 149 IPC, Section 27 of Indian Arms Act and Sections 3 and 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the 'TADA'). The case abated as against accused Nos. 1 and 2 as they died pending trial. The case was split up as between A4 and others as he was absconding. Thus, only accused Nos. 3, 5 and 6 were tried for the charges as stated above. They pleaded not guilty to the charges and made the prosecution to produce occular evidence of PW1 to 16, documentary evidence of Exs.P 1 to P 36 and material objects 1 to 19. They were examined under section 313 Cr.P.C. and called upon to enter defence. The defence evidence did not come in. The learned Sessions Judge after hearing both the sides and on the material mentione...
M.N. Prasad Vs. Board of Directors of Rayalaseema Grameena Bank and an ...
Court: Andhra Pradesh
Decided on: Oct-07-1994
Reported in: 1994(3)ALT441; (1995)IILLJ131AP
ORDERS.R. Nayak, J.1. This writ petition is by a dismissed delinquent bank employee. The petition is directed against the order of the first Respondent-Board of Directors of Rayalaseema Grameena Bank, Cuddapah, dated November 23, 1988 confirming the order of the second Respondent-Chairman, Rayalaseema Grameena Bank, Cuddapah dated April 22, 1988 dismissing the petitioner from the post of senior clerk.2. The Petitioner was appointed as junior clerk in the first respondent bank at Cuddapah on March 15, 1980. On February 10, 1982 while the petitioner was working at Deepaguntla branch of the respondent-bank, he was deputed to Gajulapalli Branch to work there for a period of four days when the cashier working in that branch went on leave. The Manager of Gajulapalli Branch on February 12, 1982 handed over a cash of Rs. 20,000/- to the petitioner with instructions to remit the same in the current account of the bank in the Nandyal Branch of Syndicate Bank. It is the case of the petitioner tha...
Managing Director, State Bank of India Vs. T. Gopalachari
Court: Andhra Pradesh
Decided on: Oct-07-1994
Reported in: 1994(3)ALT725; (1995)IILLJ444AP
ORDERA. Gopal Rao, J. 1. Defendant No. 2 State Bank of India, Local Head Office, Hyderabad is the appellant in this appeal. The respondent filed the suit O.S. No. 968 of 1978 on the file of the IV AdditionalJudge, City Civil Court, Hyderabad, for recovery of Rs. 15,785/- with interest at 10% per annum, on Rs. 13,200/- from, November 29, 1978 till the date of realisation.2. The case of the plaintiff, as stated in the plaint, is that the plaintiff was appointed as a Probationary Officer in the defendant's Bank by the Executive Committee of the Central Board of Directors, State Bank of Inida, on September 20, 1965 on a scale of pay of Rs. 400/- per month plus other allowances. His probation was later declared and services regularised and confirmed on April 1, 1967 by the Executive Committee of the Central Board of the defendant's Bank. In appreciation of his efficiency and the qualifications, he was granted advance increments at the time when he was selected as a Probationary Officer and ...
T. Sriramulu Vs. Diwan Eknathrao and anr.
Court: Andhra Pradesh
Decided on: Oct-07-1994
Reported in: 1994(3)ALT434
ORDERP.L.N. Sarma, J.1. This revision filed by the tenant arises under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, for short 'The Act'.2. We will refer to the parties in this Judgment as original landlord, landlord and tenant for convenience sake.3. Eviction petition was instituted by the original landlord (father of the landlord) on the ground that the schedule premises is required bona fide for the business of his son (landlord) to commence cloth business. It is stated in the application for eviction that the original landlord is the kartha of Hindu Undivided Family, consisting of himself arid two sons (including landlord). The joint family possesses property including the petition schedule shop. His son - Diwan Vijaykumar, aged about 22 years (landlord) is carrying on business under the name and style of 'Vijaya Bangle Store' in a rented mulgi bearing Municipal No.. 1-1-258/3 belonging to Sri U. Narayana, situate at Chikkadapalli, Hyderabad. He is pres...
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