Andhra Pradesh Court September 1994 Judgments
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M/S. Guntu Malleswaraswami Mill Vs. District Collector and Magistrate, ...
Court: Andhra Pradesh
Decided on: Sep-30-1994
Reported in: AIR1995AP206
ORDER1. This petition is filed seeking a writ of prohibition to direct the respondents herein to refrain from proceeding any further pursuant to the notice in R.C No-B3/7612, 91 dated 31-3-1994 issued by the District Collector, Khammam under S. 166-B of the A.P. (Telangana Area) Land Revenue Act, 1317 Fasli.2. The facts of the case are that the petitioner-mill is one of the oldest in the vicinity and had been constructed about 80 years back, by Saradevabbatla Narasimha Ramaiah and his three sons in the ipaddy fields cultivated as wetilands. The former State of Hyderabad appear to have granted joint patta to an extent of 18 acres in S. Nos. 511 to 520 and in that patta land Narasimha Ramaiah and his sons have constructed a rice and ginning mill abutting S. No. 123, which is Bancharai land. An area of 11000 sq. yards was earmarked for the mill. Certain extent of land was also transferred to various individuals for the construction of buildings under registered sale deeds. Over the years,...
Sriram Mahadev Vs. Sriram Yadabai
Court: Andhra Pradesh
Decided on: Sep-30-1994
Reported in: 1994(3)ALT366; I(1996)DMC407
P.L.N. Sharma, J.1. Husband filed this appeal questioning the judgment of the III Addl. Judge, City Civil Court, Secunderabad dismissing his application filed seeking dissolution of the marriage by a decree of divorce on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act, for short 'The Act'.2. For convenience sake, the parties will be referred in this appeal as they are arrayed in the lower Court.3. Originally, O.P. No. 172 of 1985 was filed by the petitioner seeking restitution of conjugal rights under Section 9 of 'The Act' alleging that the marriage between the petitioner and the respondent was solemnised on 26.4.1984 at Secunderabad and they lived together in a portion of the house belonging to the respondent's father taken on a monthly rent of Rs. 350/-. They lived happily for a period of three months, during which time the behaviour of the respondent's father became unbearable. He used to boss over the petitioner and teat him brutally and, therefore, he wa...
Rakesh Prasad Tiwari and Others Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Sep-29-1994
Reported in: AIR1995AP75
ORDER1. Petitioners are the owners of lands to the extent of Acs. 17-13 gunias of Sy. Nos. 20, 57 and 58, situated at Kanchan Bagh Mandal, Charminar District, Hyderabad. It is stated that the Union of India, first respondent herein, took over the said lands for public purpose and possession thereof was taken on 19-2-1979 on lease under the Requisition and Acquisition of Immovable Property Act, 1952, hereinafter referred to as 'the Act of 1952'. The first respondent paid the rents upto 1984. On 22-1-1985, the Collector, Hyderabad District, third respondent herein, issued notice in Form-J, catling upon the petitioners to show-cause, within fifteen days, as to why the property in question cannot be acquired by the first respondent, since the firstrespondent intended to acquire the lands in question in terms of Section 7(1) of the Act of 1952. The petitioners did not object to the acquisition of the lands and, therefore, a notification was issued by the third respon-dent under Section 7(1)...
Mohd. ShafiuddIn Vs. A.P.S.R.T.C., Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Sep-29-1994
Reported in: 1994(3)ALT262; 1994(3)ALT262; [1995(70)FLR742]; (1996)ILLJ490AP; (1996)ILLJ490SC
ORDERB. Subhashan Reddy, J.1. Disciplinary action has been initiated against the petitioner on the ground that he has caused an accident by driving the bus in a rash and negligent manner and at high speed resulting in the death of a cyclist. Apart from the said action, criminal prosecution can also be launched simultaneously. This position of law cannot be doubted. But, Mr. T. Panduranga Chary, the learned counsel for the petitioner, has placed before me a decision of the Supreme Court rendered in P. J. Sunderrajan v. Unit Trust of India 1993 I LLJ 168 in support of his argument that till the criminal trial is concluded, departmental proceedings should not go on, and they should be stayed necessarily. He has also produced before me an interim order passed by a learned single Judge of this Court on 3-8-1994 in W. P.M. P. No. 17144 of 1994 in Writ Petition No. 13996 of 1994. Be it the Supreme Court judgment or the order of a learned single Judge which have been cited, they rest on the fa...
Commissioner of Income-tax Vs. Satishchandra Modi
Court: Andhra Pradesh
Decided on: Sep-28-1994
Reported in: [1995]216ITR435(AP)
K.M. Agarwal J.1. This is an application under section 27(3) of the Wealth-tax Act, 1957, by the Revenue for directing the Tribunal to state a case and make a reference of the following questions of law : '(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the two partial partitions on January 19, 1976, and October 16, 1978, are valid in law and satisfy the requirements of section 171 indisputedly effected before March 31, 1978 (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the partitions dated January 19, 1976, and October 16, 1978, were ostensibly adverted in the best interest of the family and its members and the income from the assets in question subjected to the above partial partitions is not liable to be included in the income of the Hindu undivided family in respect of the period subsequent to such partitions as it belongs to the separate ...
Baswapuram @ D. Narsimloo and anr. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-28-1994
Reported in: 1994(2)ALT(Cri)675; I(1995)DMC278
Ramesh Madhav Bapat, J.1. The accused-appellant herein along with his parents were prosecuted for an offence punishable under Section 304-B IPC in the Court of the Additional Sessions Judge, Medak, in S. G. No. 83 of 1990. During the pendency of the trial accused No. 2 died. On evidence, the learned Sessions Judge came to the conclusion that no offence was disclosed against accused No. 3 and therefore she was acquitted Accused No. 1 was found guilty for an offence punishable under Section 304-B and therefore the learned Sessions Judge proceeded to convict the accused and he was sentenced to suffer R.1 for seven years. Being aggrieved by the aforesaid order and sentence, the accused-appellant has filed this appeal on various grounds as stated in the appeal memo.2. The charge against the accused was that on 14-4-1990 at about 12.00 noon at Kottal village one Smt. Bandari Balamani daughter of B. Babaiah died unnatural death by falling into a well and soon before her death the accused-appe...
The Special Dy. Collector (Land Acquisition), Railways Vs. Panthangi V ...
Court: Andhra Pradesh
Decided on: Sep-28-1994
Reported in: 1995(1)ALT649
A. Gopal Rao, J.1. A.S.Nos. 1446, 1447 and 1448 of 1985 have been preferred against the judgments passed by the learned Subordinate Judge, Nalgonda in O.P.Nos. 29, 70 and 91 of 1983 respectively. The Land Acquisition Officer (Special Deputy Collector), Railways Nalgonda is the appellant in all the appeals. As a common question arises in all these appeals the same are disposed of by this common judgment.2. The lands belonging to the respondents-claimants situate at Chityal village acquired by the Government for the purpose of construction of a nebroad guage railway tine from Bibinagar to Nadikude. The respondents-claimants in A.S.No. 1446 of 1985 claimed Rs. 1,10,000/- per acre towards compensation for the lands acquired; the respondents-claimants in A.S.No. 1447of 1985 claimed Rs. 1,30,000/-per acre towards compensation for their lands; and the respondents-claimants in A.S.No. 1448 of 1985 claimed Rs. 1,50,000/-per acre for themselves. In support of their claim the respondents-claimant...
Mohd. Osman and anr. Vs. M.C. Moosa and anr.
Court: Andhra Pradesh
Decided on: Sep-26-1994
Reported in: 1995(1)ALT186
ORDERMotilal B. Naik, J.1. This appeal is preferred by the claimants who are the parents of the deceased Md. Javed, aged about 20 years as on the date of accident, i.e., 23-4-1989, aggrieved by the order passed by the Motor Accidents Claims Tribunal, Ranga Reddy District at Saroornagar in O.F. No. 271/89 dated 31-8-l990.2. Appellant No. 1 is the father and appellant No. 2 is the mother of the deceased Md. Javed, who are aged about 43 and 38 years respectively. Their case is that their son Md. javed who was aged about 20 years at the time of his death, was a Mason and was earning Rs. 1500/- per month. On 23-4-1989, the deceased was proceeding on a cycle towards Himayathsagar from Katedhan and when he reached A.G. College on the National High Way No. 7, a lorry bearing No. KED 2336 coming from Hyderabad and proceeding towards Shamshabad dashed against the deceased around 12.30 PM and consequently, he received multiple injuries and died on the spot.3. The appellants filed the application ...
K.V.T. Prasanna Kumar and ors. Vs. Rayalaseema Grameena Bank, Rep. by ...
Court: Andhra Pradesh
Decided on: Sep-23-1994
Reported in: 1994(3)ALT621
1. All these writ appeals, except Writ Appeal Nos. 417 and 422 of 1994, arise out of a common order dated September 7,1993 passed in Writ Petition No. 172.79 of 1989 and Batch. Writ Appeals 417 and 422 of 1994 are directed against the order dated December 17,1993 in Writ Petition No. 5204 of 1992, which has been disposed of following the order in Writ Petition No. 17279 of 1989 and Batch.2. The Common question that arises for consideration in all these writ appeals pertains to the method of selection of Branch Managers working in the two Regional Rural Banks, viz., Rayalaseema Grameena Bank and Pinakini Grameena Bank, for promotion to the posts of Area/Senior Managers. Whereas some of the writ appeals have been preferred by the Banks, the other writ appeals have been filed by the employees. Therefore, all these writ appeals are disposed of by a common judgment.3. Rayalaseema Grameena Bank and Finakini Grameena Bank have been established under Section 3 of the Regional Rural Banks Act, ...
Depot Manager, Apsrtc, Bus Depot, Khammam Vs. Industrial Tribunal-cum- ...
Court: Andhra Pradesh
Decided on: Sep-22-1994
Reported in: 1994(3)ALT238; (1995)IILLJ868AP
ORDERB. Subhashan Reddy, J.1. This writ petition is filed by the Andhra Pradesh State Road Transport Corporation questioning the award passed by the Labour Court, Warangal, in I. D. No. 40 of 1991 dated 7-9-1993. Late S. Malla Reddy was a driver in the service of the A. P. S. R. T. C. While conducting the bus AAS 4116 on 4-4-1989 on the route 'Khammam to Vutukuru', an accident occurred between the said R. T. C. Bus and a lorry bearing Registration No. ADM 9576 at 1030 p.m., in the night. Disciplinary action was initiated against the said driver and after following the procedure, punishment of removal was inflicted on him. An Industrial Dispute was raised against the said order. After discussing the evidence elaborately the Labour Court has come to the factual conclusion that the accident was not on account of the said Mall Reddy alone, but the lorry driver also contributed towards the accident and as such there was contributory negligence. In view of the same, it was held that 1/4th of...
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