Andhra Pradesh Court August 1994 Judgments

Assistant Engineer, Exchange and Others Vs. M/S. Fram and Co.

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami. President: 1. These appeals arise out of a common order passed by the District Forum, Hyderabad in CD. Nos. 458/- 91, 602/- 91, 763/- 91, 625/- 92, 658/- 92, 834/92. The parties in all these appeals are common. Hence they are being disposed off by a common order. 2. The allegations in all the complaints and the version of the opposite parties are the same, except that they relate to different periods of Telephone bills. 3. The case of the complainant is that it is a firm having subscriber No. 43369 situated at Tilak road, Hyderabad. The bills issued to the complainant till 1.9.1989 never exceeded Rs. 300/-. The bills issued on 1.9.1989 are excessive for which the complainant lodged a protest, but paid the amount. While so the complainant received bills dated 1.5.91 for the period 16.2.91 to 15.4.91 in a sum of Rs. 770/-; bill dated 1.7.91 for the period 16.4.91 to 15.6.91 in a sum of Rs. 458/bill dated 1.9.91 for the period 16.6.91 to 15.8.91 in a sum of Rs. 963/-, bil...

E. Durvasulu Naidu Vs. E. Rangaiah Naidu and ors.

Court: Andhra Pradesh

Reported in: 1994(3)ALT102

Syed Shah Mohammed Quadri, J.1. This letters patent appeal arises out of the final decree proceedings taken in a partition suit. The plaintiff in O.S.No. 2 of 1975 is the appellant in this L.P.A. He filed the suit for partition of the plaint schedule properties against his father, 1st defendant. The parties are referred to as arrayed in the suit.2. The father, 1st defendant and the son, the plaintiff constituted a joint family. Defendants 2 to 12 are the alienees of the joint family properties. It appears that the said suit was decreed ex parte and preliminary decree was passed on 24th April, 1982. After the decree, the 5th defendant, one of the alienees, filed I.A.No. 627 of 1983 along with an application to set aside the ex parte decree praying to condone the delay in seeking to set aside the ex parte decree. That LA. was dismissed. The said defendant carried the matter to this Court in C.R.P.No. 3209 of 1986. But the C.R.P. was also dismissed on 20th April, 1987. The 5th defendant f...

Singareni Collieries Company Ltd. Vs. Industrial Tribunal (C), Hyderab ...

Court: Andhra Pradesh

Reported in: 1994(3)ALT542; (1995)ILLJ342AP

ORDERM.N. Rao, J.1. This writ appeal by the Singareni Collieries Company Ltd., Ramagundam, Division, Godavarikhani, Karimnagar District, represented by its Deputy Chief Personnel Manager was filed against the order of a learned single Judge in W.P. No. 9712 of 1987 dated 23-3-1987 dismissing the petition challenging the legality of the common Award passed by the Industrial Tribunal (C), Hyderabad. In I.D. No. 6 of 1982 and I.D. No. 12 of 1982 dated 4-2-1985. The Central Government referred the following questions for adjudication of the Industrial Tribunal in I.D. No. 6 of 1982 :- 'Whether the Management of M/s. Singareni Collieries Company Limited is justified in not placing the Water Treatment Attendants working at 18 M. W. Power House, Ramagundam in Cat. V. as demanded by Andhra Pradesh Colliery Mazdoor Sangh, in their letter No. APOM/GDK/251/81 dated the 17th April, 1981. If not, to what relief are the workmen entitled?' 2. In I.D. No. 12 of 1982 the following questions were referr...

Prosol Chemicals Pvt. Ltd. Vs. Transport Corporation of India Ltd.

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complainant is Prosol Chemicals Pvt. Ltd., Secunderabad. One M/s. Mahe Chemicals and Oils Pvt. Ltd., New Delhi placed an order with the complainant to manufacture and supply 50,000 litres of Chemicals. The said Mahe Chemicals had a contract to supply the said material to Defence Authorities in the Northern Frontier of India on or before 15.10.1993. 2. The complainant approached the Opposite Party for transporting the said chemicals from Hyderabad to Pathankot. The Transport Corporation of India i.e. Opposite Party agreed to transport and deliver the goods within a period of 5 days from 1.10.1993. as the Chemicals have to be delivered to Mahe Chemicals at Pathankot, by 5th October, 1993. Accordingly he booked the consignment on 1.10.1993 in four lorries as evidenced by the consignment notes issued by the Opposite Party. But contrary to the terms the Opposite Party loaded the goods at Hyderabad on 8.10.1993 by different trucks. Two trucks reached P...

Alamuri Lalitha Devi Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1995(1)ALT(Cri)139; 1995CriLJ2127; I(1995)DMC217

1. The appellants in Crl. A. No. 269/89 on the file of First Addl. Sessions Judge, Machilipatnam have preferred this revision against the judgment dated 26th September, 1991 confirming their conviction and sentence for offence under Section 498A IPC in C.C. No. 1/88 on the file of Judicial Magistrate of first Class, Gudivada. 2. The three Revision petitioners along with another as A-2 were tried for offence under Section 498A IPC by the Judicial Magistrate of first class, Gudivada, in C.C. No. 1/88. The substance of accusation against them was that A-3 being the husband of Madhavi and the other accused being his relatives had subjected her to cruelty an offence punishable under Section 498A IPC. 3. The case for prosecution is in brief as follows : A1 is the wife of A4, A2 and A3 are their sons. They all belong to Gudlavaller and were living together. A3 was working in Adithya Finance Corporation at Machilipatnam and he used to go to Machilipatnam from his village by bus. P.W. 1, Babura...

P. Komaraiah and ors. Vs. A. Yegneswarudu and ors.

Court: Andhra Pradesh

Reported in: 1995(1)ALT338

N.Y. Hanumanthappa, J.1. These two writ appeals are directed against a common judgment passed by His Lordship Sri Justice B. Subhashan Reddy in Writ Petition Nos. 5837 and 5838 of 1993. Since the questions of law, facts involved and the grounds of challenge are almost identical in both the appeals the same are clubbed and disposed of by a common Judgment.2. The appellants and respondents in these two appeals are officers of the Andhra Pradesh State Road Transport Corporation (hereinafter called 'the Corporation'). They are borne on the cadre either as Assistant Traffic Managers or Assistant Mechanical Engineers (hereinafter referred to as A.T. Ms. and A.M.Es. respectively). The issue to be considered in these appeals relates to one of fixation of seniority of promotees vis-a-vis direct recruits to the next higher post. As far as the service conditions of either employees or officers of the Corporation are concerned, they are governed by two sets of Regulations, which came to be framed ...

Dr. R.A. Prasad and Others Vs. University of Health and Sciences and O ...

Court: Andhra Pradesh

Reported in: AIR1995AP116

ORDERK.M. Agarwal, J.1. It has now come to us to discharge a herculean task of finding a remedy for giving life to an otherwise stale and dead issue. Students successful in clearing the Entrance Test held on 13-6-1993 for the Post Graduate Medical Courses for the Academic Session 1992-93 and in securing seats and subjects in various Medical Colleges in the State of Andhra Pradesh have been thrown in the realm of uncertainties and insecurity in reference to their seats or subjects in Medical Colleges of the State in consequence of the defeat encountered by the University of Health Sciences, Andhra Pradesh, (in short, the 'University'),'in the legal battle started by the unsuccessful students and fought in the High Court and then in the Supreme Court of India. At the stage of screening and re-evaluation of merit for thepurposes of admission to the Post-Graduate Medical Courses and the subject of choice to be given in the light of the Expert Committee report pursuant to the ultimate order...

Guntur Jamal Saida and ors. Vs. Govt. of A.P. Rep. by Its Secretary fo ...

Court: Andhra Pradesh

Reported in: 1994(3)ALT251

ORDERS. Dasaradharama Reddy, J.1. When the W.P.M.P. came up for hearing both sides agreed that the writ petition itself can be disposed of.2. Election to the Managing Committee of the Pinnelli Fishermen Cooperative Society (for short 'the Society') was scheduled to be held on 15-7-1994. On 14-7-1994, by telegraphic order, the Government stayed the election. The petitioners filed writ petition challenging the validity of Rule 22-AAA of the Andhra Pradesh Co-operative Societies Rules (for short 'the Rules') and for issue consequential direction to the authorities to hold election forthwith from the stage where the election was stopped.3. The writ petition was admitted on 25-7-1994, interim suspension of the Government order was granted, and the W.P.M.P. was adjourned to 28-7-1994 to enable the Government Pleader to produce the record and also to enable Mr. G. Krishna Murthy, learned counsel for the proposed respondents - Ex- President and Ex-Secretary of the Society to file counter. On 2...

Javvadhi Sesha Rao and ors. Etc. Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1994(2)ALT(Cri)624

M.N. Rao, J. 1. These three criminal appeals arise out of the judgment of the learned Additional Sessions Judge, West Godavari at Eluru in S.C. No. 24 of 1992. Cri.A. No. 900 of 1993 was filed by A-1, A-4 to A-6 and A-9 to A-16. Cri.A. No. 953 of 1993 was filed by A-2 and A-3 and Cri.A. No. 1156 of 1993 was brought by A-7 and A-8 in the Sessions Case. Cri.M.P. No. 3437 of 1993 was filed by the State through the Public Prosecutor to expunge certain remarks made against the Investigation Officer, P.W. 34, (Inspector of Police, CB CID) by the learned Additional Sessions Judge in the course of his judgment in S.C. No. 24 of 1992. This judgment will dispose of all the three criminal appeals and the Cri.M.P. 2. On 24-6-1991 at about 8.00 a.m., in the sacred precincts of Madana Gopalaswamy temple of Narasapur town, one Adhikari Madhava Rao was murdered by a group of people. The prosecution case is that A-1 to A-16 caused the death. A-1 armed with an axe and the rest of the accused armed with ...

Gadde Nagabushanamma Vs. Government of A.P. and Others

Court: Andhra Pradesh

Reported in: 1999(5)ALD430; 1999(5)ALT372

ORDERGoda Raghuram, J.1. Smt. Gadde Nagabushanamma assails the Memo N0.2167/F1/83-5, dated 20-10-1993, of the 1st respondent-Government of Andhra Pradesh, and the connected records and seeks invalidation of the impugned proceedings in the circumstances and for the reasons set out herein.The factual scenario on the undisputed facts:-a) Cheberolu Dharmaiah was the earlier owner of wet land in an extent of about Ac.1.15 cts., situate in Kannayagudem h/o Buttayagudem village. The said Dharmaiah was a holder of the land under Patta No.15. On subsequent survey, numbered RS No.661/3 the land was found to be in an extent of Ac. 1.62 cts.(b) The petitioner alleges to have purchased the said land from Dharmaiah under an agreement of sale dated 20-9-1968, paid the entire considerationand took delivery of possession on the date of the said agreement of sale (this fact is disputed in the proceedings).(c) Both Darmaiah and the petitioner are non-tribals and the land is situated in a scheduled area i...