Andhra Pradesh Court August 1994 Judgments

Smt. Ch. Yashoda Devi and anr. Vs. B. Dayakar Reddy and anr.

Court: Andhra Pradesh

Reported in: 1994(3)ALT106

ORDERP.L.N. Sarma, J.1. This is a revision filed by claimants 2 and 3 challenging the order of the learned Subordinate Judge, Jangaon impleading the Receiver as a party to the proceeding, pending on a reference under Section 30 of the Land Acquisition Act (for short 'the Act') in I.A.No. 166 of 1988.2. To appreciate the point in issue it is necessary to refer to the facts. An exteni of Ac. 0.30 guntas out of a total extent of Ac. 4-33 guntas, in Survey No. 461 /4 situate at Jangaon village, Warangal District was acquired for the purpose of establishing a Microwave Station. An award was passed on 19-9-1987 in Award No. A/4897/85 by the Land Acquisition Officer. As some dispute with regard to the apportionment was raised, the same was referred to the Civil Court and the same is pending as O.P.No.29 of 1987 on the file of the Sub-Court, Jangaon. It is stated that one Saleha Fatima claimed the entire property to herself and she was a party to the award proceedings and raised her claim as a...

V. Ramesh and ors. Vs. Government of Andhra Pradesh Rep. by Its Secret ...

Court: Andhra Pradesh

Reported in: 1994(3)ALT41

ORDERK.M. Agarwal, J.1. In all these petitions under Article 226 of the Constitution, a common prayer has been made for quashing the repeal of Andhra Pradesh Law Officers (Recruitment, Conditions of Service and Remuneration) Rules, 1967, (in short, the '1967 Rules'), made by notification with G.O.Ms. No. 55, dated 16-3-1990 of the Law Department of the State of Andhra Pradesh; and the simultaneous order with G.O. Ms. No. 57, dated 16-3-1990, containing the Executive Instructions regulating the recruitment, conditions of service and remuneration of the Law Officers of the Government of Andhra Pradesh other than the Advocate General, (in short, the 'Executive Instructions'). In W.P. No. 11896/90, a further prayer has been made for restraining the respondents from making appointments to the post of Assistant Public Prosecutor Grade II in Chittoor District without the aid of Employment Exchange, or without inviting applications for the said post by advertisement, without any process of sel...

Taher N. Khambati Vs. Vinayak Enterprises and ors.

Court: Andhra Pradesh

Reported in: 1994(2)ALT(Cri)681; [1996]86CompCas471(AP)

1. This is an appeal filed by the complainant in C.C. No. 286/91 on the file of XI Metropolitan Magistrate, Secunderabad acquitting respondents 1 and 2 of offence under Section 138 of the Negotiable Instruments Act. 2. The case of the appellant as disclosed from the complaint filed by him is in brief as follows : The respondents 1 and 2 borrowed a sum of Rs. 1,00,000/- from the appellant for purpose of their business, promising to repay the same within a short time. Respondents 1 and 2 became liable in a sum of Rs. 1,18,337/- in respect of the said transaction and issued a cheque drawn on 'Karur Vysya Bank, Rastrapathi Road, Secunderabad for the said amount with an understanding to present the said cheque on 15-1-91. 3. The appellant-complainant presented said the cheque on 15-1-91, but it was returned for want of sufficient funds. The appellant then contacted the respondents on telephone and demanded for payment of the amount for which the cheque was issued. Then the respondents promi...

Rishi Public School, Rep. by Its Secretary and Correspondent Sri M.B. ...

Court: Andhra Pradesh

Reported in: 1994(3)ALT63

ORDERB. Subhashan Reddy, J.1. This writ petition raises the constitutional vires of statutory provisions contained under Section 106 of Transfer of Property Act (hereinafter referred as 'the Act'). The complaint is that the petitioner being an educational society had been running the schools and Junior College to impart education to the students and that the petitioner is a junior college at Himayatnagar in a rented premises and that the said lease is governed by the Act and after termination of the lease, the landlord had instituted a suit for eviction in O.S. No. 873/1992 on the file of the V Additional Judge, City Civil Court, Hyderabad, and that the said suit was instituted after issuing 15 days notice as contemplated under Section 106 of the Act, and that as the petitioner's college runs on the basis of an academic year, it is highly improbable and impossible to disrupt its activities and in such cases, the period of notice terminating the lease should be six months on par with th...

A.P.S.R.T.C. Rep. by Its Divisional Manager Vs. Gali Aruna and ors.

Court: Andhra Pradesh

Reported in: II(1995)ACC469; 1994(3)ALT58

P.L.N. Sarma, J.1. This Civil Miscellaneous Appeal is filed by the Andhra Pradesh State Road Transport Corporation (hereinafter referred to as 'the Corporation') questioning the order of the Motor Accidents Claims Tribunal-cum-District Judge, Nellore in O.P. No. 493 of 1988 granting a compensation of Rs. 5,72,000/- for the loss of dependency, and other items which will be referred to in detail hereinafter.2. O.P. No. 493 of 1988 was filed by the claimants under Section 110-A of the Motor Vehicles Act claiming a total compensation of Rs. 8,00,000/- due to the death of one Gali Janardhana Rao. The first claimant is the widow, claimants 2 and 3 are the minor daughters aged about 11 and 8 years respectively and the fourth claimant is the mother of the deceased Gali Janardhana Rao. It is stated that the fourth claimant gave up her claim in favour of claimants 1 to 3.3. The deceased was working as an Agricultural Development Officer, Divisional Office, Syndicate Bank, Nellore. On 22-9-1988 a...

Andhra Pradesh State Road Transport Corporation Vs. Gali Aruna and ors ...

Court: Andhra Pradesh

Reported in: 1995ACJ461

P.L.N. Sarma, J.1. This civil miscellaneous appeal is filed by the Andhra Pradesh State Road Transport Corporation (hereinafter referred to as 'the Corporation') questioning the order of the Motor Accidents Claims Tribunal-cum-District Judge, Nellore, in O.P. No. 493 of 1988 granting a compensation of Rs. 5,72,000/- for the loss of dependency and other items which will be referred to in detail hereinafter.2. O.P. No. 493 of 1988 was filed by the claimants under Section 110-A of the Motor Vehicles Act claiming a total compensation of Rs. 8,00,000/- due to the death of one Gali Janardhana Rao. The first claimant is the widow, claimant Nos. 2 and 3 are the minor daughters aged about 11 and 8 years respectively and the fourth claimant is the mother of the deceased Gali Janardhana Rao. It is stated that the fourth claimant gave up her claim in favour of claimant Nos. 1 to 3.3. The deceased was working as an Agricultural Development Officer, Divisional Office, Syndicate Bank, Nellore. On 22....

Shaik Dada Saheb Vs. Shaik Mastan Bee and anr.

Court: Andhra Pradesh

Reported in: 1994(2)ALT(Cri)554; II(1995)DMC473

ORDER1. The 1st respondent herein had filed Maintenance Case No. 8 of 1987 against the petitioner herein on 19-4-1987 claiming maintenance for herself and for her children in the Court of the II Addl. Munsiff Magistrate, Gurazala. The said case was decided by the learned Magistrate on merits and awarded maintenance to the first respondent herein and her children. The 1st respondent herein was granted Rs. 200/- per month by way of maintenance and two children were granted Rs. 100/- each by way of maintenance. The said order was passed on 11-9-1989. 2. Being aggrieved by the said order, the petitioner herein filed a revision case No. 141/90 before the learned Sessions Judge, Guntur. The order of the Magistrate was confirmed by the learned Sessions Judge on 12-7-1990. Thereafter the petitioner herein filed the proceedings u/S. 482 Cr. PC before this Court. This Court also dismissed the said petition with a direction that he may approach the Court of the Magistrate by filing the petition u...

Pidathala Ranga Reddy (Died) Per L.Rs. Vs. Kurnool Municipality Rep. b ...

Court: Andhra Pradesh

Reported in: 1995(1)ALT25

Motilal B. Naik, J.1. This Second Appeal is directed against the judgment and decree in A.S. No.. 79 of 1985 dated 9-12-1987 on the file of the I Additional District Judge, Kurnool.2. The first appellant (since died) was the plaintiff in the suit who filed the same against the respondent-Municipality seeking a declaration that the proposed enhancement of house tax from Rs. 891-52 ps. per half year to Rs.3209-50 ps. per half year for the building D.No. 40/317-D Kurnool is illegal and void and for a permanent injunction restraining the defendant from collecting the enhanced tax.3. According to the plaintiff, the building is used for non-residential purpose as a hotel. It was assessed to tax half yearly for Rs. 891-50 ps on an annual rental value of Rs. 5,600/-. While so, the defendant-Municipality issued a special notice dated 22-3-1982 proposing to enhance the tax to Rs. 3566.10 ps. per half year. As against the said notice, the plaintiff preferred a revision petition before the Municip...

LeafIn India Ltd. Vs. Pavan Kumar, Sp. Asstt. Revenue Divl. Officer

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The opposite party in the C.D. No. 40/93 is M/s Leafin India Ltd., is the appellant herein. 2. It is the case of the complainant that he purchased a Colour TV on instalment basis from the opposite party and he has to pay 36 instalments at Rs. 488/- each, within a period of 3 years and the total amount payable comes to Rs. 17,568/-. After paying the entire amount to the opposite party the complainant asked for return of the original agreement and other documents, but the opposite party took the stand the one M/s Kirloskar Investment and Finance Ltd., issued a letter to the complainant demanding the amount of Rs. 5053.40 Ps. for which a suitable reply was given by the complainant. But the opposite party did not return the documents inspite of the complainant paying the entire amount to the opposite party. It is the case of the complainant that even if the complainant is due any amount to M/s Kirloskar Investments and Finance Ltd., the opposite party i....

Smt. K. Vinayamani Vs. K. Subramanyam

Court: Andhra Pradesh

Reported in: II(1995)DMC320

P.L.N. Sarma, J.1. This is an appeal filed by the wife challenging the order of the II Additional Judge, City Civil Court, Hyderabad dissolving the marriage between the parites by granting a decree of divorce.2. The husband filed an application under Section 13(1-A)(i) of the Hindu Marriage Act, 1955 (hereinafter called the Act) seeking dissolution of the marriage between the parties by a decree of divorce. He stated in the application that the marriage, between the parties was solemnized according to the Hindu customs on 9.8.1974 and the same was consummated immediately. Later on a son was born during the wedlock on 22.7.1975 who was aged 7 years by the time of the filing of the application. The husband alleged that the wife deserted and living away from him in her parents' house. According to him ever since 1977 she never returned to the house. The wife herself filed O.P. 25/86 on the file of the said Court seeking judicial separation on the ground of desertion by the husband. In the...