Andhra Pradesh Court June 1994 Judgments

Koruprolu Atchaya and Others Vs. Bideshi Raghuram Singh

Court: Andhra Pradesh

Reported in: AIR1995AP58; 1994(2)ALT363

ORDER1. This civil revision petition is directed against the order dated 6-9-1993 in I.A. No. 228 of 1993 in O.S. No. 65 of 1992, on the file of the Subordinate Judge, Pitha-puram.2. The petitioners are the defendants in the suit O.S. No. 65 of 1992. They filed an application under O. 9, R. 13 of the Code of Civil Procedure seeking to set aside the ex parte decree passed by the Court below on 17-11-1992. Along with the said application they also filed I.A. No. 228 of 1993 seeking to condone the delay of 88 days in filing the application under 0.9, R. 13 of the Code of Civil Procedure. The grounds urged on behalf of the petitioners in the application that O.S. 'No. 65 of 1992 filed by the respondent wastransferred by the District Court invoking the general power of transfer and withdrawal vested under S. 24 of the Code of Civil Procedure, from Peddapuram Sub-Court-to Pithapuram Sub-Court on administrative grounds. Pursuant to the order of the District Court transferring O.S. No. 65 of 1...

Smt. Yadamma and Another Vs. K. Mallesh

Court: Andhra Pradesh

Reported in: AIR1994AP272; 1994(2)ALT304

1. This appeal is directed against the judgment and decree dated 30-1-1987 in A. S. No. 29 of 1986 on the file of the first Additional Special Judge for SPE and ACB Cascs-cum-Additional Chief Judge, City Civil Court, Hyderabad.2. The appellants are the plaintiffs who filed a suit -- O. S. No. 2166 of 1983 -- for eviction of the respondent from the suit premises bearing No. 2-2-1132/6, NewNallakunta, Hyderabad. The appellants sought a further direction to deliver the possession of the same to them and also a further direction for payment of arrears of rent of Rs. 500,00 with interest from the date of the suit till the date of realisation and past and future damages.3. The suit was contested by the respondent herein refuting the allegations, mainly on the ground that the suit for eviction is not maintainable in the Civil Court in terms of the decision of the Supreme Court in Motor General Traders v. State of Andhra Pradesh, AIR 1984 SC page 121. It was pressed into service on behalf of t...

K.Makkaji and Others Vs. Govt. A.P. and Another

Court: Andhra Pradesh

Reported in: AIR1994AP306; 1994(2)ALT373

ORDER1. This writ petition arises under the provisions of the Urban Land (Ceiling and Regulations) Act, 1976 (hereinafter referred to as 'the Act'). The prayer sought for is to extend the benefit of G.O.Ms. No. 733, Revenue (UC-II) Department, dated 31-10-1988 to the lands of the petitioners. The lands of the petitioners are situated within the limits of Municipal Corporation of Hyderabad, while the above G.O.Ms. No. 733, dated 31-10-1988 confers benefits of exemption only for the lands situated outside the areas of Hyderabad Municipal Corporation. The above G.O.Ms. No. 733 also excludes the agglomerated areas which are specified under the Act, But, that is a question apart in this writ petition.2. This Court's intervention is sought for under Art. 226 of the Constitution of India only on one ground viz., unreasonableness of the distinction made between the lands situated within the Municipal Corporation of Hyderabad and outside the same and this argument is based on the touch stone of...

Katari Subba Rao Vs. Katari Seetha Mahalakshmi

Court: Andhra Pradesh

Reported in: AIR1994AP364; 1994(2)ALT723; I(1995)DMC169

ORDERG. Radhakrishna Rao, J. 1. The marriage between the petitioner and the respondent took place in the year 1970. Differences arose in the year 1980 and some compromise was effected by the mediators and it was reduced into writing. The petitioner, who is the husband, filed an application for a declaration that the marriage between him and the respondent was null and void and alternatively for divorce under Ss. 11 and 13 of the Hindu Marriage Act on the following grounds :2. The first ground is that the respondent i.e., the wife was married to one Karnati Rama Rao, her maternal uncle, that marriage was not dissolved and the same was subsisting on the date of his marriage with the respondent and thus his marriage with the respondent is void under S. 11 of the Hindu Marriage Act.3. The second ground is desertion and cruelty. The husband's case is that the wife is frequently leaving his house after taking the entire salary from him and was not returning and sending that amount to her par...

industrial Credit and Investment Corporation of India Ltd. Vs. Hyderab ...

Court: Andhra Pradesh

Reported in: 1994(2)ALT393; [1996]86CompCas515(AP)

S. Dasaradharama Reddy, J.1. Company Application No. 54 of 1992 is filed by the Industrial Credit and Investment Corporation of India Limited (for short 'the ICICI') for grant of leave under section 446(1) of the Companies Act, 1956 (briefly referred to as 'the Act'), to continue Suit No. 3485 of 1986 in the Bombay High Court filed against Krishi Engines Limited, the company under winding up (briefly referred to as 'the company') and for grant of leave to continue the court receiver appointed in the said suit as receiver of all the hypothecated properties of the company. Company Application No. 55 of 1992 is filed by the ICICI for grant of leave under section 537 of the Act to the court receiver to put up the hypothecated properties for sale upon being empowered to do so by the Bombay High Court. Company Application No. 280 of 1992 is filed by the Industrial Development Bank of India, Bombay (for short 'the IDBI'), for grant of leave under section 446(1) of the Act to continue Suit No....

Andhra Pradesh State Electricity Board, Hyderabad Vs. Andhra Pradesh P ...

Court: Andhra Pradesh

Reported in: 1994(2)ALT367; 1994(2)ALT367; [1995(70)FLR993]; (1995)ILLJ448AP

ORDERB. Subhashan Reddy. J.1. This is a second round of litigation for the same cause. The cause for adjudication is whether the practising Advocates can represent the employer not as its Counsel but as office bearers of Federation of Andhra Pradesh Chambers of Commerce and Industry. 2. The Andhra Pradesh Power Diploma Engineers Association has raised and industrial dispute in I. D. No. 44 of 1991 on the file of the 2nd respondent. The respondents are the Andhra Pradesh State Electricity Board represented by its Member-Secretary and its Chief Engineer (Electrical). I. A. No. 181 of 1992 was filed by the above Association which is hereinafter referred to as the 1st respondent, while the Electricity Board and its Chief Engineer are referred to as the petitioners. When notice were served on the petitioners, they had engaged Mr. C. V. Mohan Reddy and another, Advocates, to represent the petitioners and to contest the case on their behalf. The said representation was not in the capacity of ...

Mohd. Khasim and anr. Vs. V. Radhakrishna Sastry and ors.

Court: Andhra Pradesh

Reported in: 1994(2)ALT291

ORDERMotilal B. Naik, J.1. This Civil Revision Petition is directed against the order dated 9-3-1993 in E.P. No. 20 of 1991 in O.S. No. 29 of 1965 on the file of the Additional Chief Judge, City Civil Court, Hyderabad.2. The main submission made out on behalf of the petitioners is that in view of the Supreme Court judgment in Civil Appeal No. 1454-56 of 1993 dated 30-3-1993 the decree which is the subject-matter of the execution proceedings has become infructuous and, therefore, such a decree cannot be executed. The other submission made out on behalf of the petitioners is that the Government has no jurisdiction to allow any person holding excess vacant land to transfer the same to others under the guise of exemption granted under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976, (hereinafter referred to as 'the U.L.C. Act') in view of the judgment of the Supreme Court in Vasudeva v. State of Karnataka, 1993 (3) SCC 467.3. In view of the above specific submissions it is ...

Nakkana Pentaiah and ors. Vs. the Special Tahsildar (Land Acquisition) ...

Court: Andhra Pradesh

Reported in: 1994(2)ALT319

ORDERMotilal B. Naik, J.1. The petitioners seek a writ of certiorari or any other appropriate writ calling for records pertaining to the proceedings in R.C.No. 44/91-RI-1 dated 9-11-1992 of the first respondent and the proceedings in R.C.No. 5607/85-G2, dated 14-11-1992 of the second respondent on the ground of illegal exercise of power not vested in them and violation of principles of natural justice.2. This case is an exposer of typical administrative excesses meted out to common citizens while dealing with their valuable rights by the Civil Servants of the State. The petitioners are owners of the land to an extent of 3,198.11 square yards covered by Survey No. 368/2, situated at China Waltair of Visakhapatnam Municipal Corporation. The said land is held by them as joint owners. The land was proposed to be acquired by the second respondent- District Collector, Visakhapatnam, for the purpose of creating Recreation Complex known as 'Bay View' planned to be developed by the Visakhapatna...

The Palair Co-operative Sugars Ltd. Vs. C.H. Krishna Murthy

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. In C.D. 1195/90, the District Forum passed the following order: The petitioner Ch. Krishna Murthy filed this application contending that he has been working as Standing Counsel for the opposite party since 1987. Number of the cases filed against the opposite party were disposed of in Lok Adalat. Decrees were also passed. He is entitled to the statutory fees. Inspite of repeated demands, made by him the necessary statutory fees was not paid to him. Opposite Party made their appearance and admitted that they would pay the fees. Petition is allowed and the opposite party is directed to pay the statutory fees to the complainant as per rules within two months from this day. 2. No appeal has been preferred against the said order in the C.D. which became final. As the amount was not paid as directed in the C.D. the complainant filed E.P. No. 7/93. In the said E.P. on 10.9.93, the District Forum directed the respondent/judgment debtor to pay l/6th of the leg...

Unit Trust of India Vs. Kumari Gauthami and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. Aggrieved by the order of the District Forum passed in CD. No. 984/93 whereby the Opposite Party-appellant herein was directed to rectify the originals Exs. A. 1 to A.3 so as to make the maturity amounts shown therein payable on 16.11.2008, 8.4.2008 and on 16.11.2008 respectively. 2. The facts leading to the filing of this appeal briefly stated as are follows : The Unit Trust of India framed a Scheme called Rajyalakshmi Unit Scheme and issued brochure Ex. A 4 stipulating the terms and conditions of the Scheme. The Scheme as set out in the brochure and published is in the following terms; 1. The Scheme; The Scheme provides for an investment that will grow 21 times in 20 years. Thus, Rs. 1,000/- invested in the name of a female child below the age one year will become Rs. 21,000/- after 20 years and Rs. 10,000/- will become Rs. 2.1 lakhs. Depending upon the age of the child for whom the investment is made the maturity value will vary from a minimum of...