Andhra Pradesh Court October 1994 Judgments
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A.P. State Wakf Board, Rep. by Its Special Officer, Mohd. Laik Ali Kha ...
Court: Andhra Pradesh
Decided on: Oct-07-1994
Reported in: 1994(3)ALT536
ORDERB. Subhashan Reddy, J.1. This writ petition challenges the constitutional validity of Sections 7-B and 7-B(2) of Indian Telegraph Act, 1885. The attack is made on the ground that they are violative of Articles 13,14 and 21 of the Constitution of India.2. The learned Counsel for the petitioner submits that Arbitrator, who is to be appointed under the above provisions of Indian Telegraph Act, 1885 is none other than a Subordinate Officer to the General Manager, Telecommunications and as such he will be partisan and no justice can be expected from the said Arbitrator. His further argument is, even if the arbitration can be held to be valid, as no appeal is provided against the arbitration Award, the same is arbitrary and violative of fundamental rights. He also argues, as no procedure has been prescribed to be followed by the said Arbitrator, it is violative of Article 14 of the Indian Constitution. Insofar as the last argument of the procedure being not prescribed, it was already he...
New India Assurance Co. Ltd. Vs. Jaddu Inna Reddy and ors.
Court: Andhra Pradesh
Decided on: Oct-07-1994
Reported in: 1994(3)ALT715
B.S. Raikote, J.1. These two appeals give rise common questions of facts and law and therefore, they are disposed of by this common judgment.2. Respondents Nos.l and 2 in C.M.A. No. 315 of 1993 filed a Claim Petition i.e., O.P. No. 114/1988 before the Motor Accidents Claims Tribunal, (Addl. District Judge) Nalgonda, claiming certain compensation from the present appellant and respondents 3 and 4, who are the Insuranee Company, owner and driver of the lorry bearing No.ATT 6867. They claimed to be the parents of the deceased Jaddu Kiran Reddy, who died in the Motor accident that occurred on 2-3-1988. Likewise, Respondents Nos.l to 6 in C.M.A. No. 354 of 1993, who are the legal representatives of the deceased Mudiga Iddamma, filed a claim petition i.e., O.P. No. 115/88 before the same Motor Vehicles Accidents Claims Tribunal, Nalgonda, claiming certain amount of compensation against the present appellant, Respondents Nos. 7 and 8, who are the Insurance Company, owner and driver of the lor...
Suri Prakasham Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Oct-07-1994
Reported in: 1994(3)ALT702
ORDERT.N.C. Rangarajan, J.1. This writ petition challenges G.O.Ms. No. 468, dt.19-5-1993.2. An extent of Ac.21.52 cents in Varini village was given on lease by the Government on 6-11-1991 in favour of Sri Venkateshwara Dandigunta Varini Salt Co-operative Society Limited, for a period of 25 years. The purpose of the same was to allow the members of that Society to have salt pans and manufacture salt on the land. Only an extent of Ac 10.00 cents was actually used for salt pans and the remaining extent was lying waste at present. The petitioner herein made a complaint that the Society was not functioning, that the land was not being put to proper use and, therefore, the land should be resumed and alloted to other landless poor, such as petitioners. This complaint was enquired into by the Mandal Revenue Officer, Vidavalur, as per the directions of the District Collector, Nellore, and found that the Society was not functioning at all and that the lands have been alienated by the Society to ...
S. Sarla Kumari and anr. Vs. Govt. of India and ors.
Court: Andhra Pradesh
Decided on: Oct-06-1994
Reported in: (1996)ILLJ78AP
S.R. Nayak, J.1. Although the fourth respondent institute of Management claims to be a prestigious organization to promote education maintaining high standards, after hearing the learned counsel for the parties and perusing the documents produced in the cases, the Court finds that the impugned orders made by the fourth respondent Institute exhibit very low standard of law. Writ Petition No. 7570 of 1993 is filed by one Dr. K.J. Pillai against the order of the Chairman, dated June 1, 1993, of Siva Sivani Educational Society which is arrayed as respondent 3 in the writ petition terminating his services as the Director of the fourth respondent Institute of Management. The petitioner in Writ Petition No. 7437 of 1993 Smt. S. Sarala Kumari is the wife of Dr. K.J. Pillai and she has questioned the valididity of the order made by the Chairman of the third respondent Society, dated May 17, 1993 keeping her under suspension pending an enquiry.2. Few undisputed facts which are necessary to be. n...
Hilton Tobacco Private Ltd. Vs. Souza Cruz S.A. and ors.
Court: Andhra Pradesh
Decided on: Oct-06-1994
Reported in: 1995(1)ALT29
P. Ramakrishnam Raju, J.C.M.A. No. 1031 of 1994:1. The first defendant in O.S. No. 6 of 1994 is the appellant. The first respondent-plaintiff filed the suit for perpetual injunction restraining the defendants from producing, manufacturing, selling or exporting their goods including cigarettes bearing the mark 'HOLLYWOOD', logo and the colour scheme or any other deceptive trade mark and for other reliefs. It has also filed I.A. No. 920 of 1994 under Order 39, Rules 1 & 2 C.P.C. for a temporary injunction, pending the suit. As the said interlocutory application was allowed restrianing the appellant herein and the respondent Nos. 2 to4 from exporting HOLLYWOOD brand of cigarettes to other countries in which the trade mark of HOLLYWOOD is registered by the plaintiff till the disposal of the suit this appeal.C.M.A. No. 1032 of 1994:2. Similarly, the first defendant in O.S. No. 3 of 1994 is the appellant, against whom an interim injunction was granted in LA. No. 784 of 1994 restraining the a...
Dobella Laxmi Narayana Vs. S. Ravi Kumar and anr.
Court: Andhra Pradesh
Decided on: Oct-06-1994
Reported in: 1995ACJ1201
Motilal B. Naik, J.1. This civil miscellaneous appeal is directed against the order passed by the Motor Accidents Claims Tribunal, Khammam, in O.P. No. 303 of 1989 dated 21.6.1991. The appellant herein is the owner of the vehicle in question involved in the accident.2. The claimant in O.P. No. 303 of 1989, first respondent herein, was proceeding on 9.1.1989 around 10 a.m. on his motor cycle on Wyra-Madhira Road. When he covered a distance of 9 km. from Wyra and reached Rebbavaram bus stand, the first respondent-appellant herein came driving the tractor at high speed in the opposite direction and dashed against him, due to which the claimant sustained injuries. He was immediately taken to a private nursing home and was later shifted to Government Headquarters Hospital, Khammam, as it was a medico-legal case. The claimant was treated for a period of one month as an in-patient in the Government Headquarters Hospital, Khammam. He sustained fractures to the left thigh and pelvic bone, besid...
Siddapuram Siva Reddy Alias Pyreedy and anr. Vs. State of Andhra Prade ...
Court: Andhra Pradesh
Decided on: Oct-05-1994
Reported in: 1995(1)ALT(Cri)71
M.N. Rao, J.1. The appellants herein are accused Nos. 1 and 2 in Sessions Case No. 17 of 1993 on the file of the II Additional Sessions Judge, Kurnool. In respect of an incident that happened on 17-3-1992 at about 3.20 p.m. in Sreeramnagar, Kurnool resulting in the death of one Srinivasa Reddy and injuries to PW-1, Nagalakshmi and one Venkataswamy Reddy, the two appellants herein, along with there others (A-3 to A-5) were tried by the learned Sessions Judge. 2. Charge No. 1 was against all the five accused under section 148, IPC. Charge No. 2 was under section 302, IPC against A-1 and A-2. Charge No. 3 was under section 302 read with Section 149 IPC against A-3 to A-5. Charge No. 4 was under section 324, IPC against A-2 for causing injuries to PW-1. The fifth charge was under Section 324, IPC against A-1 for causing injury to Venkataswamy Reddy who died due to natural causes before the case came up for trial. The sixth Charge was under section 323, IPC against A-3 to A-5 for beating an...
Soujanya Hotels Private Ltd. Vs. Nalla Satyanarayana Murthy and ors.
Court: Andhra Pradesh
Decided on: Oct-04-1994
Reported in: 1994(3)ALT356; [2001]103CompCas1082(AP)
P.L.N. Sarma, J.1. This original side appeal has been preferred by the respondent in Company Petition No. 44 of 1994, challenging the order of the learned single judge dated August 11, 1994, admitting the company petition and directing to cause publication of the filing of the company petition in two dailies, one in the vernacular and the other in English. The respondents in this appeal are petitioners in the company petition.2. For convenience sake, we will refer to the parties in these proceedings as the 'company' and 'creditors'. To appreciate the point in issue, it is necessary to refer to the facts which are relevant for the purpose of this appeal.3. The creditors filed Company Petition No. 44 of 1994 under Section 433(e) read with Section 439(1)(b) of the Companies Act, 1956 (for short 'the Act'), for compulsory winding up of the company and for the appointment of the official liquidator, as the provisional liquidator to take charge of the affairs of the company, on the ground th...
Mohd. Murthuza Ali Vs. Smt. Zareen Taj Begum and ors.
Court: Andhra Pradesh
Decided on: Oct-04-1994
Reported in: 1994(3)ALT707
ORDERMotilal B. Naik, J.1. This Civil Revision Petition is directed against the order passed in I.A.N0. 1093/90 in O.S.No. 288/90 on the file of the Principal Subordinate Judge, Ranga Reddy District, allowing the application filed for setting aside the compromise decree in O.S. No. 288/90.2. It is the case of the petitioner herein that O.S.No. 288/90 was filed seeking partition of suit schedule properties which are matruka properties left by one Shiraji also known as Mirza Rafee Shirazi. The first respondent herein i.e., Smt. Zareen Taj Begum is only a tenant over the matruka properties left by Shiraji, In the said suit filed for partition, the first respondent herein was represented by her General Power of Attorney Mr. Ali Raza. Said Ali Raza engaged an Advocate Sri K. Madhava Rao, and the matter was contested. Ultimately, the matter ended up in a compromise. It is stated that the first respondent through her General Power of Attorney entered into a compromise in O.S.No. 288/90 and ac...
Srikakulam Subrahmanyam (Died) Per L.Rs. Vs. Pandeshwara Janardhan Rao
Court: Andhra Pradesh
Decided on: Oct-03-1994
Reported in: 1994(3)ALT204
ORDERP.L.N. Sarma, J.1. This revision has been referred to a Division Bench by Neeladti Rao, J. by his order dated 7-3-1990. The learned Judge felt that in view of the Judgments of the Supreme Court in M/s. Central Tobacco Co., Bangalore v. Chandra Prakash, IX -1969 All India Rent Control Journal, p.702 and Phiroze Bamanji Desai v. Chandrakant M. Patel and Ors., : [1974]3SCR267 the Judgment of the Division Bench of this Court in Parasuramiah v. Lakshmamma, : AIR1965AP220 requires reconsideration, as the said Judgment of the Division Bench cast the burden of pleading and proving that the hardship caused to him by passing the eviction order will outweigh the advantage to the landlord. Accordingly, the Civil Revision Petition has come up before us.2. Since the entire C.R.P. is placed before us, it is necessary for us to refer to the facts and the findings recorded by the lower tribunals.3. Tenant is the petitioner in this revision. Landlord is the respondent. The landlord filed an applica...
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