Andhra Pradesh Court November 1995 Judgments
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T.N. Seshan, Chief Election Commissioner and anr. Vs. All India Anna D ...
Court: Andhra Pradesh
Decided on: Nov-08-1995
Reported in: 1996(1)ALT135
ORDERPrabha Shanker Mishra, C.J. 1. Disposing of four applications for revoking the leave to sue, granted by the Madras High Court under Clause 12 of its Letters Patent and an application for grant of such leave, in all in five suits, a learned single Judge of this Court has ordered in favour of the plaintiff, declined to revoke the leave for instituting four suits by different plaintiffs and granted leave for instituting the fifth suit. 2. The suits are filed mainly complaining that the book titled 'Seshan - an Intimate Story' contained references to late Sri C.N. Annadurai, which werep_er_ se defamatory and reference as an affair with M.G. Ramachandran' in the book contained objectionable references to late Sri M.G. Ramachandran, the two leaders of some eminence in public life. As facts disclose Sri T.N. Seshan allegedly narrated his experiences to Sri K. Govindan Kutty and on that basis the latter wrote the book titled ' SESHAN--AN INTIMATE STORY'. This book was printed and publishe...
V. Nageswara Rao Vs. the Govt. of A.P. Rep. by Its Secretary, Animal H ...
Court: Andhra Pradesh
Decided on: Nov-08-1995
Reported in: 1996(1)ALT47
ORDERG. Bikshapathy, J. 1. The petitioner is assailing the proceedings of the 2nd respondent, dated 12-9-1995 (wrongly typed as 12-8-1995) as illegal and arbitrary and violative of Principles of natural justice. 2. The facts of the case are that the petitioner was working as General Manager at Rajahmundry union. While so, he attained the age of superannuation of 58 years and he was sought to be retired from service from 31-7-1995. On 7-2-1995 a communication was also issued to the petitioner that he would retire from service on 31-7-1995 on attaining the age of superannuation. However, on 31-7-1995 a communication was issued by the Managing Director of the 2nd respondent Federation to re-employ the petitioner for a period of one year after the date of superannuation i.e., 31-7-1995. The extract of the D.O. Letter, dated 31-7-1995 is as follows:- 'You may re-employ Sri V. Nageswara Rao, General Manager, A.P. Dairy Development Co-operative Federation Limited, Rajahmundry as General Manag...
M. Anil Babu Vs. the Directorate General Resettlement and ors.
Court: Andhra Pradesh
Decided on: Nov-08-1995
Reported in: 1996(1)ALT132
M.N. Rao, J. 1. This writ appeal is from the order of a learned single Judge in Writ Petition No. 15395 of 1994 dismissing the writ petition filed by the appellant herein seeking a writ of Certiorari to call for the records relating to Memo No. 2559/ 94-A.4 dated 18-8-1994 issued by the third respondent herein - Zilla Sainik Welfare Officer and for a consequential direction to the Registrar, University of Health Sciences to receive the application No. 2732 of the appellant's daughter Miss. Anitha under Ex-servicemen children quota and if she is selected under that quota she may be permitted to continue her studies in M.B.B.S. Course. 2. In the rankof AC2 (Service No. 244318) the appellant was discharged from the Indian Air Force on 30-1-1964 on the ground that he was 'unlikely to make an efficient Airman'. For that period his general character was found to be 'very good'. On the basis that he was an ex-serviceman falling under a reserved category, he was selected as an Engineering Supe...
Peddapudi Seshagiri Rao Vs. Andhra University, Rep. by Its Registrar a ...
Court: Andhra Pradesh
Decided on: Nov-08-1995
Reported in: 1996(1)ALT820
P.S. Mishra, C.J. 1. Heard learned Counsel for the appellant. 2. We propose take notice of the facts of the case for the purpose of considering whether the writ petitioner- appellant had any justification to invoke the extraordinary writ Jurisdiction of this Court under Article 226 of the Constitution of India. Writ petitioner - appellant has claimed that he is the cultivating tenant of the lands in question. He has raised accordingly a proceeding before the Special Officer-cum-District Munsif for declaration of his tenancy rights and for permanent injunction Petitioner-appellant has, in the said proceeding, filed an interlocutory application for temporary injunction, pending disposal of the proceeding. The special Officer-cum-District Munsif initially granted interim injunction, but vacated the same after hearing the respondents and finally disposed of the proceeding. The Petitioner-appellant preferred appeal before the District Judge, i.e., appellate authority. The appellate authorit...
Yalavoori Ramalingaiah Setty Vs. B. Sathya Murthy
Court: Andhra Pradesh
Decided on: Nov-08-1995
Reported in: 1996(2)ALT1034
ORDERK.B. Siddappa, J.1. This revision is filed against the judgment passed in CM. A. No. 4 of 1991 on the file of the learned Subordinate Judge, Madanapalli. The learned Subordinate Judge has passed a common judgment in R.C. No. 10 of 1985 and R.C. No. 13 of 1985.2. The brief facts of the case are as follows: R.C.C. No. 10 of 1985 was filed by the tenant under Section 8(5) of the Rent Control Act, to permit him to deposit the rents into the Court. R.C.C. No. 13 of 1985 was filed by the land-lord on the grounds of wilful default and also bona fide requirement. The Rent Controller passed common order allowing R.C.C. No. 10 of 1985 and also R.C.C. No. 13 of 1985 holding that the land-lord established his bona fide requirement. In die appeal the Subordinate Judge reversed the findings in R.C.C. No. 13 of 1985 and allowed the same on the ground that there was no bona fide requirement of the land-lord. As far as the finding of the Rent Controller that there was no wilful default, the learne...
K.V. Uma Maheshwararao Vs. Gandam Sujatha
Court: Andhra Pradesh
Decided on: Nov-07-1995
Reported in: 1996(1)ALT558; I(1996)DMC635
V. Rajagopala Reddy, J.1. The petitioner is alleged to have married the respondent in 1993. The petitioner filed R.C.S. No. 160 of 1994 on the file of the Vth Senior Divisional Civil Judge, Bharuch, Gujarat State, against the respondent for declaration that there was no marriage between them, on 4.4.1994. Thereafter, on25.6.1994 the respondent filed O.P. No. 24 of 199,4 on the file of the Additional Subordinate Judge, Srikakulam, for restitution of conjugal rights, under Hindu Marriage Act. The petitioner filed LA. No. 173 of 1994 in O.P. 24/94 under Section 10 of Code of Civil Procedure (for short, 'the Code') for stay of trial of O.P. No. 24 of 1994, pending the trial in R.C.S. No. 160 of 1994, on the ground that the suit was instituted earlier to the O.P. and the matter in O.P. No. 24 of 1994 is directly and substantially in issue in the suit and the trial of the O.P. should therefore be stayed. The learned Subordinate Judge dismissed the I.A. No. 173/94 on the ground that Section 1...
K.V. Uma Maheswara Rao Vs. Gandam Sujatha
Court: Andhra Pradesh
Decided on: Nov-07-1995
Reported in: II(1996)DMC318
V. Rajagopala Reddy, J.1. The petitioner is alleged to have married the respondent in 1993. The petitioner filed RCS No. 160 of 1994 on the file of the Vth Senior Divisional Civil Judge, Bharuch, Gujarat State, against the respondent for declaration that there was no marriage between them, on 4.4.94. Thereafter, on 25.6.94 the respondent filed O.P. No. 24/94 on the file of the Additional Subordinate Judge, Srikakulam, for restitution of conjugal rights, under Hindu Marriage Act. The petitioner filed I.A. No. 173 of 1994 in O.P. 24/94 under Section 10 of Code of Civil Procedure (for short, 'the Code') for stay of trial of O.P. No. 24/94, pending the trial in RCS No. 160 of 1994, on the ground that the suit was instituted earlier to the O.P. and the matter in O.P. No. 24/94 is directly and substantially in issue in the suit and the trial of the O.P. should therefore be stayed. The learned Subordinate Judge dismissed the I.A. No. 173/94 on the ground that Section 10 of the Code is not att...
Yeredla Narayan Reddy and ors. Vs. Government of A.P., Rep. by Its Sec ...
Court: Andhra Pradesh
Decided on: Nov-07-1995
Reported in: 1996(1)ALT690
ORDERY. Bhaskar Rao, J.1. These writ petitions are filed seeking a writ of mandamus directing the respondents to pay 80% of the compensation declaring that the respondents are legally obliged and bound to pay 80% of the compensation to the petitioners under Section 17(3-A) of the Land Acquisition Act. (In short 'the Act). 2. These writ facts of the case are that an extent of Acs. 892-11/2 guntas of land situated at Akkampalli, Duggiyal, Angadipet and Pedda Adisarlapalli in P. A. Palli Mandal of Nalgonda District was the subject-matter of proceedings under the Act. Notification under Section 4(1) of the Act was published in the gazettes on different dates viz., 24-6-1989,11-10-1989,2-12-1989, etc. Declarations under Section 6 of the Act were also issued simultaneously. Urgency clause under Section 17(1) of the Act was invoked. It is stated that possession was also taken by the State Government on different dates viz., 18-9-1989,6-1-1990,9-1-1990, 11-1-1990,2-2-1990 and 27-2-1990. It is ...
Naga Bhixam Alias Bhixapathi Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Nov-06-1995
Reported in: 1996(1)ALT(Cri)720; 1996CriLJ2400
ORDER1. This petition has been filed under Section 482 Cr.P.C. to quash the charge framed against the petitioner in S.C. No. 14 of 1994, in the Court of the Special Sessions Judge, Mahabubnagar, under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Mahabubnagar and to transfer the case to regular Court for trial. 2. On the report of the father of one Dhamarla Yesumani, alleging commission of rape against her, a chargesheet was filed under Section 376 I.P.C. read with Section 34 I.P.C. and Section 3(ii)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, 'the Act'). The petitioner is the 1st accused in the case. A charge sheet has been framed under the above sections and the Spl. Judge commenced the trial and examined P.Ws. 1 to 3 on 22-3-1995. At this stage, the petitioner filed Crl.M.P. No. 1184 of 1995, before this Court for quashing the charges. While disposing of the said petition, this Court directed the peti...
Depot Manager, Andhra Pradesh State Road Transport Corporation Vs. N. ...
Court: Andhra Pradesh
Decided on: Nov-06-1995
Reported in: [1997(75)FLR49]
P.S. Mishra, C.J.1. These appeals - one by the employee and the other by the employer - are directed against the common order by Justice B. Subhashan Reddy in Writ Petition No. 520 of 1993. 2. Having heard learned counsel for the parties at the interlocutory stage, learned single Judge has disposed of the Writ Petition itself by ordering for a modification of the order of the Labour Court, Warangal, in I.D. No. 510 of 1987 for reinstatement with all increments and rise in salary with all emoluments as well as continuity of service and 50% of back wages minus Rs. 500/- deductible as the compensation for loss to the employer. 3. The employee was proceeded against and in a domestic enquiry found guilty of driving the vehicle of the employer-Corporation in a rash and negligent manner resulting in an accident involving six guard stones of the road at a causeway and some damage to the vehicle, assessed at Rs. 500/-. No criminal charge, however, was preferred against the employee. His defence...
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