Andhra Pradesh Court February 1994 Judgments

B. Nookaraju Vs. M.S.N. Charities and Others

Court: Andhra Pradesh

Reported in: AIR1994AP334; 1994(2)ALT125

ORDERY. BHASKAR RAO, J. 1. This Miscellaneous Appeal is filed 'against an order passed in an Execution Application filed under Order 21, Rule 58 (1) of the Civil Procedure Code by the appellant herein holding that he has not established his claim over the petition schedule property. '' 2. At this inception stage, the simple question that arises for our consideration in this matter is, whether it is a 'regular Appeal or a 'Miscellaneous Appeal' that lies against an order passed after adjudication in a claim petition filed under Order 21, Rule 58 of the Civil Procedure Code as a manded in 1976.3. In the Court of the Subordinate Judge, Pithapuram, during the course of Execution proceedings, a petition was filed under Order 21, Rule 58 of the Civil Procedure Code claiming that the property under attachment belongs to the claimant/appellant and not to the Judgment-debtor. That claim petition was rejected on merits holding that the appellant did not establish his claim over the property in q...

Mohammed Suleman and Another Vs. Special Officer, Municipal Corporatio ...

Court: Andhra Pradesh

Reported in: AIR1994AP275

ORDER1. The petitioners herein claim to have erected temporary wooden structures (referred to in the writ petition as Dabbas) ofthe dimension of 6 x 4 feet some time in or about the year 1980 and they have been doing the business of auto-electrical repairs of vulcanising. These two structures (or bunks) rest on the compound wall of King Koti Palace building adjacent to the public road. The petitioners submit that the Municipal Corporation has been granting permission to run shops after collecting encroachment fee. The first encroachment fee receipt issued by the Municipal Corporation on 24-8-81 and the last of the receipts dated 2-3-91 issued to the 1st petitioner are filed. In the case of the 2nd petitioner, the encroachment-fee receipt dated 10-9-85 and 21-3-91 are filed. It is seen from the letter dated 24-4-81 issued by the Estate Officer of the Municipal Corporation and the receipts that the encroachment-fee was collected and permission was granted on year to year basis. It is cla...

Karimnagar Municipality Rep. by Its Commissioner Vs. Authority Under t ...

Court: Andhra Pradesh

Reported in: 1994(1)ALT421; (1994)IILLJ880AP

ORDERB. Subhashan Reddy, J.1. This Writ Petition raises rather an important question or law as to whether in the face of Section 15(3) of the Administrative Tribunals Act, 1985, the authority under the Payment of Wages Act has got jurisdiction to entertain the claim by a workman of a local authority, like the Municipality which is the writ petitioner in the instant case. It is urged in support of the pleas of the Municipality that inasmuch as a Municipality is the local authority and coming within the purview of the Administrative Tribunals Act, all service matters including that of a claim of wages, as it is a condition of service, have got to be adjudicated only by the Andhra Pradesh Administrative Tribunal and not by the Payment of Wages Authority. 2. Mr. Gopal G. Naik, in support of his argument has cited a judgment of the High Court of Calcutta in Gangaram Topji Hupade us. Digamber Sadashiv Kanwale, 1992 (2) LLJ 408. In the said case, a writ petition was filed in the matter arisin...

Telanatle Anjaiah Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1994CriLJ2302

G. Radhakrishna Rao, J.1. This appeal is filed by the 1st accused in Sessions Case No. 83 of 1991 on the file of the Sessions Judge, Medak at Sangareddy, against the convictions and sentences passed against him for life under section 304 Part I, I.P.C. and R.I. for two years under section 201, I.P.C. 2. Two charges have been framed against the accused. In support of the charges, the prosecution has examined P.Ws. 1 to 10 and marked M.Os. 1 to 14. The main witness that has been examined on behalf of the prosecution is P.W. 1. P.W. 1's evidence shows that on the date of the offence, there was a quarrel between the husband and the wife i.e. the deceased and A2. While the quarrel was going on the deceased was having an axe and that A1 also was present at that time. A1 took the axe from the deceased and dealt a blow on his head. Thereafter P.W. 1 was confined in a room. He also stated that his brothers aged 8 and 5 years were also confined in a room. This incident took place at night time. ...

N. Sri Kumar Vs. Bapatla Municipal Council

Court: Andhra Pradesh

Reported in: AIR1994AP256

ORDER1. The petitioner preferred both these writ petitions against Bapatla Municipal Council represented by its Commissioner. It is convenient to dispose of the latter writ petition first because the result of the earlier writ petition depends on the decision in the latter one.2. The petitioner states that he has been the lessee of a small shed situated near Chandrakala Park, close to the Railway Station in Bapatla, for the last twenty years. The petitioner states that originally the rent for the said shed was Rs.50/- per month which was increased to Rs. 151/- and then to Rs. 200/- and then to Rs. 300/- and again to Rs. 400/- per month. He states that in 1986, the respondent-Council, on his application, renewed the lease of the shed for five years from 1-4-1986 to 31-3-1991 enhancing rent from Rs. 400/- per month to Rs. 534/- per month. He states that the site adjoining the said shed was also teased to him at Rs. 450/-per month for the same period and that he has been paying the rent r...

T. Parthasarathy Vs. Commercial Tax Officer-i, R.R. Dt., Secunderabad

Court: Andhra Pradesh

Reported in: [1995]98STC269(AP)

Immaneni Panduranga Rao, J.1. This writ petition is filed seeking declaration that the proposed auction of the petitioner's house bearing No. 2-2-647/72/A, situated at Excise Colony, Nallakunta, Hyderabad, under notice dated May 21, 1987, of the respondent is without jurisdiction, illegal and improper. 2. The admitted facts of the case are that the petitioner was working as Deputy Commercial Tax Officer, Rural, from 1980 onwards. Alleging that during the discharge of his duties, he has temporarily embezzled and misappropriated Government funds; that he was absent unauthorisedly and that he has not handed over charge of the Government records, a disciplinary enquiry was initiated against him. The Enquiry Officer has submitted his report dated July 14, 1982, holding that all the charges are proved. Accepting that enquiry report a second show cause notice was issued to the petitioner calling for explanation as to why he should not be removed from service. In response to that second show c...

H.E.H. the Nizam Viii of Hyderabad, Prince Mukarram Jah Bahadur, Repre ...

Court: Andhra Pradesh

Reported in: 1994(2)ALT567

ORDERS.V. Maruthi, J.1. This revision is directed against the order of the learned 1v Additional Judge, City Civil Court, Hyderabad, in I. A. No. 1526 of 1993 in LA. No. 2453 of 1992 in O.S. No. 1754 of 1989.2. Defendant is the petitioner herein. The respondent filed a suit O.S. No. 1754 of 1989 for recovery of principal loan amount of Rs. 9,82,05,600/- and interest of Rs. 24,55,140/- stated to be due from the Nizam at the relevant time. The suit amount represented the conversion value of 10,455,000 Swiss France claimed to have been lent to the Nizam - petitioner herein. The suit was filed under Order XXXVII of the Code of Civil Procedure. The summons of the original suit were served in the office of the General Power-of-Attorney on 7-10-89 M/s I.V.S. Rao and N.P. Rao, Advocates, filed appearance on 16-10-1989. On the vakalat, address for service of summons was mentioned as that of the counsel. However, the summons were served on a clerk in the Office of the General Power-of-Attorney o...

D.B.S. Narayana Murthy Vs. I. Venugopal and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The District Forum passed an order allowing the complaint in part directing the Opposite Party No. 4 to recover from Opposite Party Nos. 1 and 3; and Opposite Party Nos. 1 and 3 are directed to pay to Opposite Party No. 4 the amount due towards instalments from August, 1987 to July, 1988 with interest on unpaid instalments. The Opposite Party No. 4 is directed to recover from Opposite Party No. 1 and the Opposite Party No. 1 is directed to pay to the Opposite Party No. 4 the remaining amount of loan said to be still due by the complainant in his loan account maintained by Opposite Party No. 4 and the Opposite Party No. 1 is further directed to pay to the complainant Rs. 1,000.00 towards the costs of the complaint. 2. It is a case where there is an agreement to provide televisions to the employees. According to the case of the complainant, from the first Opposite Party they have purchased the televisions on instalment basis. The loan was supposed to b...

B. Koteswara Rao Vs. the General Manager, the Prakasam District Co-ope ...

Court: Andhra Pradesh

Reported in: AIR1994AP196; 1994(1)ALT368

ORDER1. Admittedly, as on this date, the petitioner is not a registered association, under any of the enactments. As such, it is not a statutory body. But, Mr. L. Nageswara Rao, learned counsel for the 1st respondent,vehemently contended that his client is a Cooperative Milk Producers' Union and registered under the A. P. Co-operative Societies Act and according to the governmental guidelines, it has to purchase milk from the milk collection centres, where the agriculturists will pool their milk for sale. This is a beneficial measure for the agriculturists who own cattle and milch them. The impugned order is one of supersession of the Committee of the petitioner's association. Mr. L. Nageswara Rao, the learned counsel, states that the petitioner's association though not registered under any enactment, it has been working as per the bye-laws framed for that purpose, and as such, whenever there is contravention of bye-laws, the first respondent can act and take action and in that directi...

P. Bhaskara Reddy Vs. Divisional Manager, Apsrtc, Kakinada and anr.

Court: Andhra Pradesh

Reported in: 1994(1)ALT657

ORDERB. Subhashan Reddy, J. 1. This Writ Petition relates to the rehabilitation of the displaced employees of the private buses on account of the nationalisation of the route concerned. The petitioner seeks a direction from this Court to absorb him in the service of A. P. S. R. T. C. in the post of a Conductor. He was working as Checker in a private bus - AAV 9422 - plying between Jaggampeta and Biccavole. On account of the nationalisation of the bus routes in East Godavari District in the year 1991, the employees of the erstwhile private buses became suddenly unemployed. To alleviate the same, a scheme was framed to absorb them by way of rehabilitation measure. For each of the buses went off the road due to nationalisation, a policy decision was taken to employ 5 persons, namely two drivers and three conductors. A Division Bench of this Court held that even if the displaced personnel are more than five in number, they should be wait-listed and should be absorbed in future vacancies on...