Andhra Pradesh Court December 1995 Judgments

Mr. Naval Kishor Kaushik Vs. Rashtriya Sanskrit Vidyapeetha, Rep. by I ...

Court: Andhra Pradesh

Reported in: 1996(1)ALT220

ORDERS.R. Nayak, J. 1. The petitioner is holding a Bachelor Degree in Sanskrit known as Sastri from Maharaja Sanskrit college of Jaipur in the State of Rajasthan. That degree is said to be equivalent to any basic Under-graduate degree. The petitioner wanted to join a course leading to Shiksha Shastri. The petitioner has secured 44.5% of marks in aggregate in the said degree examination. The petitioner wanted to join the course leading to award of Shiksha Shastri which is said to be a teaching degree course run by Rashtriya Sanskrit Vidyapeetha, Tirupati, Chittoor District. Rashtriya Sanskrit Vidyapeetha, Tirupati is a deemed University. The respondent deemed University conducted Pre-Shiksha Shastri Test on 28-5-1995 and in that test the petitioner secured rank 398. It is stated that there are 118 seats available in the respondent-college. Under the regulations 80% of the seats are earmarked for candidates belonging to traditional stream whereas 20% of seats are earmarked to the candida...

Nidhi Clearing and Forwarding Company, Per Managing Partner, Sri K. Ra ...

Court: Andhra Pradesh

Reported in: 1996(1)ALT497

ORDERK.B. Siddappa, J.1. This Revision is filed against the order passed in LA. No. 752 of 1993 in O.S. No. 132 of 1993 on the file of III Additional Judge, City Civil Court, Secunderabad. The above I.A., was filed under Order 38 Rule5 CPC for an order of attachment before Judgment against the immovable properties belonging to the respondents, situated at Tandur as mentioned in the petition Schedules I and II. The lower Court after considering the rival contentions, allowed the petition granting open attachment in respect of Item-I(b) and Items 2(i) to (iii) of the petition schedule property. Against the said order, the defendants filed this revision. 2. The learned Counsel appearing for the revision petitioners submitted that there is no truth in the allegation that the first defendant is disposing of the petition schedule lands to defeat the decree; the respondent-plaintiff did not reveal the source of information that first defendant is disposing of the property; the affidavit in su...

H.C. Narasimhaiah (J.Dr.) Vs. Sri T.G. Vasantha Gupta (D.Hr.) and ors.

Court: Andhra Pradesh

Reported in: 1996(2)ALT744

ORDERMaithili Sharan, J.1. This order will dispose of both the Civil Revision Petitions-3372 of 1990 and 1123 of 1991 - the earlier petition filed by the Judgment-Debtor, H.C. Narasimhaiah and latter one filed by the Decree-holder Sri T.G. Vasantha Gupta, both being aggrieved by the order dated 7-11-1990 passed by the Subordinate Judge, Adoni, in I.A. No. 239 of 1990 in E.P. No. 88 of 1978 in O.S. No. 14 of 1974.2. The brief facts leading to these two revision petitions may be summarised thus: The petitioner in C.R.P. No. 1123 of 1991 Sri T.G. Vasantha Gupta filed O.S. 14 of 1974, on the basis of two simple mortgage deeds dated 22-9-1958 for Rs. 95,000/-, against the petitioner H.C. Narasimhaiah in CRP No. 3372 of 1990 and three others in the Court of Subordinate Judge, Adoni. A preliminary decree was passed in his favour on 16-8-1977 and final decree was passed on 26-8-78. Thereafter/he filed E.P. No. 88 of 1978 for effecting sale of both the properties involved in the two simple mort...

Branch Manager, Union Bank of India and Another Vs. Tele Surya Rao

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

K. Ranga Rao, Member: 1. This appeal is preferred against the order dated 15.12.94 passed by the District Forum, Eluru in CD. No. 33 /1994 directing the first opposite party (Union Bank of India, Koyyalagudem, West Godavari District, to pay to the complainant, the balance of the amount due and payable under the F.D.R. dated 21.5.92 after deducting a sum of Rs. 2,000/ - borrowed by the complainant from the first opposite party on 21.5.92 together with interest accrued thereon within one month from the date of receipt of the order. 2. The facts that emerge from the material on record are as follows : 3. The complainant who is an agriculturist and who is a resident of Regulagunta village in West Godavari District deposited an amount of Rs. 7,000/- with the opposite party No. 1-Bank on 21.5.92 in Fixed Deposit and obtained a F.D.R. dated 21.5.92 with a maturity value of Rs. 14,175/- on 21.11.97 (66 months). Subsequently the complainant took a loan of Rs. 2,000/- from the first opposite par...

Nizam Sugars Ltd., Distillery Unit Vs. G. Veeraswamy

Court: Andhra Pradesh

Reported in: 1996(2)ALT665; (1996)IILLJ1224AP

ORDERKrishna Saran Shrivastav, J.1. The defendant in OS. No. 347 of 1994 On the file of the I Additional District Munsif, Kovvur is the petitioner herein.2. The respondent- plaintiff was working as a Watchman in the petitioner's company. He filed the suit against the petitioner for declaration that the departmental enquiry conducted by the Enquiring Officer Sri P. Ramamurthy on June 1, 1994 is illegal and void and also sought a decree for permanent injunction restraining the petitioner from proceeding with the enquiry. He filed an application I.A. No. 1643 of 1994 for temporary injunction restraining the petitioner from proceeding with the departmental enquiry conducted through the Enquiring Officer Sri P. Ramamurthy against him.3. The petitioner resisted the application for temporary injunction alleging that domestic enquiry was conducted fairly and properly by the Enquiring Officer who submitted his report on June 13, 1994 and accepting the report the service of the respondent-plaint...

The Estate Officer, Huda and anr. Vs. Smt. Talari Gangamma and ors.

Court: Andhra Pradesh

Reported in: 1996(3)ALT306

ORDERLinga Raja Rath, J.1. These cases, in which arguments have been advanced with great persistence by counsel on either side, essentially relate to one interesting question; where the Section 4(1) Notification issued under the Land Acquisition Act, 1989 (for short 'the Act') is quashed by the High Court or the Supreme Court at the instance of some of the land owners, whether it is permissible for the other landholders whose lands are covered by the same notification but who have participated in the enquiry Under Section 5A of the Act and at all other stages and in respect of whom awards have been passed and cases are pending before the civil Court for higher compensation can come before the High Court invoking Article 226 of the Constitution of India after lapse of number of years to seek quashing of the acquisition proceedings in respect of their lands and restoration of possession of the land on the ground that the Section 4(1) Notification has been quashed.2. An enumeration of the...

Zeenathunnisa and anr. Vs. Md. Abbas and ors.

Court: Andhra Pradesh

Reported in: 1996(1)ALT270

ORDERS. Dasaradharama Reddy, J. 1. This is a revision brought by the two defendants against the order of the lower Court directing the Advocate Commissioner already appointed in earlier I.A. No. 374 of 1982 to reinspect the suit locality and file his report with the assistance of Mandal Surveyor. Earlier on the objections filed by the respondent/plaintiff on the report of the Commissioner, the lower Court directed the Commissioner to revisit the suit land. But as Commissioner's fee was not deposited, that petition stood dismissed. The order was carried unsuccessfully in the Civil Revision Petition No. 8921 of 1987 dated 10-11-1988. The respondent filed the present I.A. again for appointment of another Commissioner. The Court below, while not granting relief for appointment of a second Commissioner, directed the Commissioner already appointed to reinspect the suit locality and to file his report with the assistance of Mandal Surveyor and to comply with all objections raised by the respo...

Bandameedi Narayana Vs. Bandameedi Rajaiah

Court: Andhra Pradesh

Reported in: 1996(2)ALT861

ORDERK.B. Siddappa, J.1. This Revision is filed against the order passed in I.A.No. 290/95 in O.S.No. 121, 89 on the file of the sub-court Karimnagar. The defendant had filed a petition under Order 13 Rules 1 & 2 C.P.C. to receive some documents. But the controversy is with regard to the endorsement made on the reverse of sale deed in which it is alleged that the share of plaintiff was given up in favour of the defendant. The learned Subordinate Judge after considering the rival contentions dismissed the petition in respect of that document only. The other documents were received. Against the said order the present Revision is filed.2. The learned counsel appearing for the Revision petitioner submitted that the admissibility or otherwise of the endorsement can be looked into at the time of trial of the main suit, and that now the lower Court has to see only whether reasonable cause is shown for filing the documents at this stage. In his submission, the Lower Court was wrong in pre-judg...

A.P. Treasuries Subordinate Services Association Rep. by Its General S ...

Court: Andhra Pradesh

Reported in: 1995(3)ALT867

P.S. Mishra, C.J.1. Heard learned Counsel for the appellants and learned Counsel for the writ petitioner-respondent (No.6).2. The Pay and Accounts office employees, it appears, have formed a Joint Action Committee and in the name of the said Committee, filed Writ Petition No. 1070 of 1994. They have impugned a Government Order in G.O.Ms. No. 4, Finance and Planning (P.W. Admn. 1) Department, dated 1-1-1994, which has contemplated the transfer of the audit powers like passing bills and financial transactions of Government offices situate within the jurisdiction of Hyderabad district from the Pay and Accounts Office to the District Treasury, Hyderabad. Several contentions including the locus standi, it appears, were raised before the learned single Judge and he has finally disposed of the writ petition by an order in favour of the writ petitioner - respondent based on his views on the questions - whether the impugned Government Order requires the compliance of Article 150 of the Constitu...

Bhoruka Steels Limited Vs. Suresh and Suresh Wires (P.) Ltd.

Court: Andhra Pradesh

Reported in: [1996]86CompCas734(AP)

G. Bikshapathy, J. 1. Bhoruka Steels Ltd., the petitioner herein filed the present petition under sections 433(e), 434(a) and 439(b) of the Companies Act, 1956, seeking winding up of the respondent-company under the provisions of the Companies Act. 2. The averments in the petition are that the petitioner is a company registered under the Companies Act. The object of the company is to do business in wire drawing and as manufacturers or dealers in, and exporters and importers in steel wires, copper, etc. The petitioner also renders professional and technical consultancy and advice to individuals, firms, companies, etc., and carrying on any other business in the field of designing engineering relating to wire and cable industries. The other objects have been set forth in the memorandum of association. The petitioner by letter dated January 16, 1990, offered to supply 5.5 mm. M. S. wire rod coils to the respondent. The price fixed was Rs. 96,000 per metric tonne exclusive of sales tax. The...