Andhra Pradesh Court August 1994 Judgments

Abdullah and anr. Vs. Jaikishan Peshawari

Court: Andhra Pradesh

Reported in: 1994(3)ALT66

ORDERA. Gopal Rao, J.1. Tenants are the petitioners in this revision petition, which is directed against the order, dated 15th September 1993, in E.A.No. 3/1989 in E.P.No. 39/1988 in O.S. 48/1989, passed by the learned III Additional Judge, City Civil Court, Hyderabad. By that order, the learned Judge refused to stay the execution of the decree, dated 19-8-1985, in Original suit No. 1088/1983, obtained by the landlord/respondent-herein, whereunder the Court ordered eviction of the petitioners-herein from the suit schedule premises.2. Petitioners-herein have unsuccessfully carried the matter upto the Supreme Court and the Supreme Court also confirmed the decree, dt.19-8-1985 passed in O.S. No. 1088/83, ordering eviction of the petitioners herein from the schedule premises. In execution of the said decree, the respondent-landlord filed E.P.39 of 1988 in the lower Court. Petitioners-tenants filed E. A. 3/89, under Order 21, Rule 29 read with Section 151 CPC, contending that the decree, da...

Menaka Travels Pvt. Ltd. Vs. the Deputy General Manager, S.B.i. and An ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complainant who appeared in person submitted that he was a Travel agent and was enjoying credit limits with State Bank of India, Hyderabad main branch from the year 1986. He obtained a Bank guarantee on 8.1.1993 for a sum of Rs. 3.5. lakhs in favour of Manager, Air India, Hyderabad. Although according to the complainant Air India did not ask for Bank guarantee, pursuant to his request, the State Bank of India issued a Bank guarantee on 5.1. 1993 in favour of Air India for a sum of Rs. 3.5 lakhs. While so, the Air India informed the State Bank of India on 20.1.1993 by a letter bearing the same date whereby they invoked the Bank guarantee and demanded payment of the amount. 2. It is the case of the opposite party i.e., State Bank of India that as the complainant is his customer, they informed him on telephone on 20.1.93 about the invoking of the Bank guarantee by Air India. Immediately thereafter the complainant on the same day i.e. on 20.1.93 wrot...

P. Shankar Vs. Smt. P. Vasanthi

Court: Andhra Pradesh

Reported in: AIR1995AP155; 1994(3)ALT177; II(1995)DMC313

ORDERP. L. N. SARMA, J. 1. The husband is the appellant in this appeal. Originally he filed O.P. No. 148 of 1984 on the file of the IIIrd Addl. Judge, City Civil Court, Secunderabad seeking divorce on the grounds of cruelty and desertion. Pending the said application, the wife filed I.A. No. 707 of 1992 under S. 25 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') seeking permanent alimony. After trial, O.P. No. 148 of 1984, filed by the husband for divorce, was dismissed by the learned trial Judge. In the same judgment, the learned Judge allowed I.A. No. 707 of 1992 filed by the wife and granted a sum of Rs. 700/- per month as permanent alimony both to her (wife) as well as their female child with effect from the date of the order, i.e., 16-7-3992.2. The husband filed C.M.A. No. 1062 of 1992 questioning the order of the learned trial Judge dismissing the application filed by him for divorce. We have already dismissed the said appeal by our judgment dated 21-7-1994...

Ganesh Traders Vs. Deputy Commercial Tax Officer, Saroornagar, Hyderab ...

Court: Andhra Pradesh

Reported in: [1995]96STC127(AP)

K.M. Agarwal, J.1. By this petition under article 226 of the Constitution, the petitioner seeks a direction to the respondents to refund the amount of Rs. 34,152, realised towards tax and penalty and incidental charges by coercive method, pursuant to the appellant order February 17, 1994, together with a further sum of Rs. 11,635 towards the alleged cost and damages. 2. The petitioner is a registered dealer under the provisions of the Andhra Pradesh General Sales Tax Act, 1957 (in short 'the Act'), carrying on business at Begum Bazar, Hyderabad. On July 31, 1993, the 2nd respondent checked the lorry carrying 123 bags of groundnut seeds from Chittoor to Hyderabad and demanded cash security to the extent of Rs. 34,150 representing tax and penalty as per section 29(3) of the Act on the assumption that there was an attempt to evade the tax. On failure to pay the demanded tax and penalty, 35 bags of groundnut seeds were detained by the 2nd respondent in the purported exercise of his powers ...

A. Hemamalini Vs. A. Pankajanabham and anr.

Court: Andhra Pradesh

Reported in: 1994(3)ALT30; I(1995)DMC258

S.R. Nayak, J.1. This is a wife's appeal directed against the order dated 22.4.1991 in O. P. No. 35 of 1985 on the file of the Court of the Principal Subordinate Judge, Tiruputi allowing the petition of her husband filed under Section 13 of the Hindu Marriage Act, 1955, shortly referred to as the 'Act' and dissolving the marriage between them. In this appeal the appellant is the wife, the first respondent is the husband and the second respondent is the alleged paramour of the appellant.2. The averments in the petition filed by the first respondent disclose that the first respondent married the appellant in accordance with the usage and custom of the Setti Balija community of Hindus, at Railway Kalyana Mandapam, Tirputi on 5.10.1984. It is alleged that soon after the marriage the appellant disclosed to the first respondent that she had illicit intimacy with the second respondent even before the marriage when the second respondent was working at Renigunta and she consented to marry the f...

Andhra Bank Vs. Kurnool District Co-operative Central Bank Ltd.

Court: Andhra Pradesh

Reported in: 1994(2)ALT711; [1995]83CompCas257(AP)

B. Subhashan Reddy, J.1. This appeal is directed against the judgment and decree rendered by the Court of the First Subordinate Judge, Kurnool, in O.S. No. 8 of 1979. The defendant is the appellant. The Andhra Bank-defendant is the appellant herein and assails the judgment and decree rendered by the court below mulcting it with the liability of payment of Rs. 1,60,400 together with interest at 12 per cent. per annum from June 14, 1979, till payment and also costs. The parties are referred to as arrayed in the suit. 2. The Kurnool District Co-operative Central Bank is the plaintiff. It has instituted a suit claiming a sum of Rs. 1,60,400 with interest thereon from the date of suit on the ground that the defendant was negligent in discharge of functions as collecting bank for its customer. The imputation against the defendant was that the defendant had not verified the antecedents of its customer, Mr. A. Rama Rao, at the time of opening his account, that when he presented the drafts for ...

Laxmikant and anr. Vs. Vijaya Kumar

Court: Andhra Pradesh

Reported in: 1994(3)ALT227

ORDERN.D. Patnaik, J.1. The respondent herein filed the suit O.S.No. 3342 of 1984 in the Court of the V Assistant Judge, City Civil Court, Hyderabad for possession of the suit property alleging that he is the owner of the property having purchased it under a registered sale deed dated 28-8-1982 (Ex.A-1) for a consideration of Rs. 10,000/-. The appellants/defendants who are the brothers of the respondent / plaintiff contended that it is the joint property since they have also contributed for the purchase of the property but the sale deed was taken in the name of the respondent/plaintiff, as such he is not the absolute owner of the property. The trial court accepted the contention of the appellants/defendants that the respondent/plaintiff is not the absolute owner of the property and dismissed the suit against which an appeal A.S.No. 163 of 1989 was preferred by the plaintiff in the Court of the Additional Chief Judge (Temporary), City Civil Court, Hyderabad. The appellate Court allowed ...

Adusumalli Parvathi and anr. Vs. the Special Tahsildar and the Land Ac ...

Court: Andhra Pradesh

Reported in: 1994(3)ALT114

ORDERB. Subhashan Reddy, J.1. These two writ petitions arise under the Land Acquisition Act, 1894. An extent of Ac. 11-93 cents in S.No. 222/1 situated at Agarampudi Gram Panchayat, Visakhapatnam district was acquired by the respondent for a public purpose. Both the petitioners claim 1/6th share out of the above extent of land on the ground that they have purchased the same from one B. Narayana Murthy and others through a registered sale deed dated 25-1-1994. This acquisition is covered by the Amendment Act (Central Act 68/1984) as the draft notification under Section 4(1) of the Act was published on 2-2-1985 and the award has been passed on 22-4-1988. Since there were rival claims as against the claims made by the petitioners, the matter was referred to the civil Court under Section 30 of the Act. In these writ petitions the relief prayed for is to refer the matter to the civil Court under Section 18 of the Act for enhancement of the compensation amount as the petitioners are aggrieve...

C. Pattabhirama Sastry Vs. Bank of Baroda, Bombay and Others

Court: Andhra Pradesh

Reported in: 1998(5)ALD6

ORDER1. The petitioner is an officer in Middle Management Grade Scale-II in the establishment of Bank of Baroda. The validity of the disciplinary proceedings initiated against the petitioner ultimately culminating in imposition of the penalty of reduction by three stages in time scale in Middle Management Grade Scale-II with effect from 25-2-1989 at the hands of the Chairman and the Managing Director of the Bank, who is the reviewing authority under Regulation 18 of the Bank of Baroda Officer Employees (Discipline & Appeal) Regulations, 1976, for short 'D & A Regulations' is assailed in the writ petition. The petitioner has also sought for declaration that the action of the respondents in recovering the Professional Qualification Allowance (PQA) for the period from 11-7-1989 as illegal and arbitrary and for a consequential direction to the respondents to continue the payment of PQA duly refunding the amounts already recovered.2. The petitioner joined the service of the Bank as clerk on...

Nand Rao Soorve and Another Vs. State Bank of India

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. It is an application filed by one Mr. Nand Rao and Navind School against the State Bank of India for a direction to the opposite party for payment of damages of Rs. 4,05,300.00 mainly on the ground that the opposite party is not justified in rejecting the application of the complainant for sanction of loan having processed it. It is submitted that the said rejection was for extraneous considerations. 2. On the other hand, the learned Counsel for the opposite party, Mr. K.V. Subramanya Narsu, submitted that after due consideration of various reports with regard to the valuation and with regard to the availability of water and the financial capacity, the opposite party rejected the application. 3. This Commission cannot sit over a judgment of the decision of the Bank, as its decision is based on the material before it. 4. During the course of arguments, the learned Counsel for the complainant submitted that without going into the merits of the case, hi...