Andhra Pradesh Court April 1995 Judgments

Sanka Udayabahaskara Rao and anr. Vs. Vissamsetti Venkata Kanaka Durga ...

Court: Andhra Pradesh

Reported in: 1995(2)ALT534

B.S. Raikote, J.1. The unsuccessful plaintiffs have preferred this appeal being aggrieved by the judgment and decree, dated 11-12-1981 in O.S.No. 65 of 1979 on the file of Prl. Subordinate Judge, Tenali. By the impugned judgment and decree, the learned Subordinate Judge dismissed the suit filed by the plaintiffs-appellants.2. For the sake of convenience, the parties will be referred to as they are arrayed in the trial Court.3. Sri Noori Rajeswara Rao, the learned senior Counsel appearing for the appellants-plaintiffs, assailed the judgment and decree of the trial Court on several grounds. Sri T. Veerabhadrayya, the learned Counsel for the respondents-defendants, strenuously supported the said judgment and decree.4. In order to appreciate the rival contentions urged on both sides, it is necessary to note the brief facts of the case.5. The plaintiffs filed a suit for declaration that the gift deed, dated 26-4-1963 (Ex.A- 8 = Ex.B-1) is not binding on the plaintiffs to the extent of their...

Sivani Tailoring Point and Readymade Garments Vs. M/S. Nagini Enterpri ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

K. Ranga Rao, Member: 1. A complaint filed under Section 17(a)(i) of the Consumer Protection Act, 1986. 2. The allegations in the complaint briefly stated are as follows : The complainant is an unemployed woman and was selected as a candidate for financial assistance by the A.P. State Financial Corporation, Karimnagar Branch (opposite party No. 2) to start a ready made garments unit. The A.P. State Financial Corporation sanctioned a loan of Rs. 2,88,600/- to the complainant by its order dated 19.9.90 for the said purpose. An amount of Rs. 1,87,580/- out of the said loan amount was sanctioned towards purchase of the required machinery. Thereupon the complainant placed an order with M/s. Nagini Enterprises, Karimnagar (opposite party No. 1) for the supply of the required machinery. The first opposite party sent a proforma invoice on 26.9.90 to the second opposite party. Thereafter the second opposite party issued a letter to the first opposite party agreeing for supply of the said machin...

Salaam M. Bavazier Vs. Mohd. AzgaruddIn and anr.

Court: Andhra Pradesh

Reported in: 1995(1)ALT(Cri)658; [1998]93CompCas609(AP)

D. Reddeppa Reddi, J.1. The principal question of law which is of some general importance that arises for consideration in these two revision cases is : Whether the conviction of a director or managing director of a company, incorporated under the Companies Act, 1956 (for short 'the Act'), of any offence, regardless of its nature, in connection with the promotion, formation or management of a company could form the basis to restrain him from taking part in the management of the company by virtue of clause (a) of sub-section (1) of section 203 of the Act. It arises thus : The petitioner herein is the managing director of Kohinoor Cement Limited (for short 'the company'). He was prosecuted on a complaint filed by the Assistant Inspector of Factories, Nalgonda, in S.T.C. No. 30 of 1994, for offences under section 7A read with sections 41 and 61, 21(1)(iv)(a) and 31 read with section 54 of the Factories Act, 1948, and S.T.C. No. 31 of 1994, for offences under section 47 read with sections ...

Canara Bank, Bhimavaram Branch Rep. by Its Manager Vs. Devi Metal Indu ...

Court: Andhra Pradesh

Reported in: 1995(2)ALT662

ORDERS. Parvatha Rao, J.1. The appellant-Bank has preferred this second appeal against the judgment dated 16-9-1987 of the learned District Judge, West Godavari in A.S.No. 55 of 1986 in so far as it is against it. The learned District Judge allowed the appeal in part granting decree for realisation of the suit debt at the contract rate of interest against the assets of the first defendant firm, first respondent herein and dismissing the appeal against the defendants 2 to 4, respondents 2 to 4 herein.2. A.S.No. 55 of 1986 was preferred by the Bank against the judgment and decree of the learned Subordinate Judge at Bhimavaram dated 8-4-1986 in O.S.No. 14 of 1985 to the extent they are against the Bank. That suit was laid by the Bank for the recovery of Rs. 24,015.24 ps. being the balance of principal and interest due to the appellant-Bank from the defendants on account of two loans of Rs. 15,000/- and Rs. 25,000/- given to the first defendant firm on the security of plaint 'B' schedule p...

A.P. State Financial Corpn. Vs. the Official Liquidator, High Court of ...

Court: Andhra Pradesh

Reported in: AIR1995AP302

ORDERD.H. Nasir, J.1. The appellant, A.P. State Financial Corporation (for short 'the Corporation') in O.S. No. 18 of 1994 has challenged the order passed on 10-12-1993 by the learned single Judge (Sri S. Dasara-dharama Reddi, J.) of this Court in C.A. No. 122 of 1993 in R.C.C. No. 6 of 1991, by which the following conditions were imposed: 1. The petitioner should undertake to discharge its liability due to the workers, if any, under Section 529(A) of the Companies Act. 2. The petitioner shall intimate, at least 10 days in advances before the date fixed for receipt of tenders, to the Official Liquidator about the the proposed sale of the properties of the company, and 3. The petitioner shall also obtain the permission of the Court before finalising the tenders.2. C.A. No. 122 of 1993 was filed by the Corporation under Section 446 (I) of the Companies Act, 1956 read with Sections 29 and 46B of the State Financial Corporations Act, 1951 (for short 'the SFC Act') read with Rule 9 of the ...

Andhra Pradesh State Financial Corporation Vs. Official Liquidator

Court: Andhra Pradesh

Reported in: 1995(2)ALT406; [1996]86CompCas341(AP)

D.H. Nasir, J. 1. The appellant, the A.P. State Financial Corporation, (for short 'the Corporation'), in O.S.A. No. 18 of 1994, has challenged the order passed on December 10, 1993, by the learned single judge (Sri S. Dasaradharama Reddi J.) of this court in C.A. No. 122 of 1993 in R.C.C. No. 6 of 1991 by which the following conditions were imposed : 1. The petitioner should undertake to discharge its liability due to the workers, if any, under section 529A of the Companies Act, 1956. 2. The petitioner shall intimate at least 10 days in advance before the date fixed for receipt of tenders, to the official liquidator about the proposed sale of the properties of the company, and 3. The petitioner shall also obtain the permission of the court before finalising the tenders. 2. C.A. No. 122 of 1993 was filed by the corporation under section 446(1) of the Companies Act, 1956, read with sections 29 and 46B of the State Financial Corporations Act, 1951 (for short 'the SFC Act'), read with ru...

Malla Govindarajulu Alias Govu Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1995(2)ALT(Cri)9; 1995CriLJ3255

B.S. Raikote, J.1. This appeal is filed by the sole accused being aggrieved by the Judgment, dated 3-3-1994 in Sessions case No. 73 of 1991 on the file of Sessions Judge, Srikakulam, convicting the appealant for the offence punishable u/S. 302 of I.P.C. and sentencing him to suffer imprisonment for life. 2. The learned counsel for the appellant accused strenuously contended that on the basis of the evidence on record, this case does not warrant the conviction of the appellant and it cannot be said that the prosecution has proved the guilt beyond reasonable doubt. However, the learned Public Prosecutor strongly supported the Judgment of the trial Court. 3. In order to appreciate the rival contentions, it is necessary to note the brief facts of the case. the appellant will be referred to as arrayed in the trial Court. 4. In the charge framed against the appellant-accused, it is stated that on 9th April, 1991 at about 8.00 P.M. at Hayathinagaram in Srikakulam in front of the house of PWs....

Kosuri Satti Babu Vs. Vadaboyina Simhachalam and anr.

Court: Andhra Pradesh

Reported in: 1995(2)ALT270

ORDERS. Parvatha Rao, J.1. This Civil Revision Petition is preferred under Section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 ('the Act' for short) by the unsuccessful tenant against the order of the learned Principal Subordinate Judge-cum-Rent Control Appellate Authority at Visakhapatnam, dated 25-6-1992 dismissing his appeal,R.C. A. No. 15 of 1990,and confirming the order of the Rent Controller-cum-Principal District Munsif at Visakhapatnam, dated 7-6-1990 in R.C.C. No. 101 of 1986 allowing the eviction petition filed by the respondents herein.2. The first respondent herein and her husband Bangaraiah were the owners of the premises (hereinafter referred to as 'the leased premises') leased to the petitioner herein for his business purposes at a rent of Rs. 400/-per month under a registered lease deed dated 30-12-1980 (marked as Ex.A-2 in the R.C.C). The period of lease was five years. Bangaraiah died on 16-5-1981 leaving behind the first respondent...

Kanaka Durga Wines and ors. Vs. Govt. of A.P. and ors.

Court: Andhra Pradesh

Reported in: 1995(3)ALT228

Syed Shah Mohammed Quadri, J.1. Intoxicating drinks, a much desired beverage, a favourite topic of poetry in oriental countries, a routine drink and indispensable item of parties and dinners in occidental countries, have nonetheless been subject of controversy from time immemorial. Their virtues and vices have been debated by the addicts and the reformists for ages. Some religions prohibited their use on the ground of their predominantly delirious effects which outweigh the pleasure, enjoyment and benefits, if any, of the drinks. Though the petitioners have placed some material on record to show that all intoxicating drinks are not injurious to health and that some drinks like beer, draught beer have good nutrition value and that some others, if taken in small quantities, not only have no delirious effect but also have many advantages and the State relied on some literature to show that intoxicating drinks are injurious to health, we are not inclined to discuss these aspects inasmuch a...

Venna Padda Kasireddy Alias Kasi Reddy Vs. Yeruva Rami Reddy

Court: Andhra Pradesh

Reported in: AIR1995AP332; 1995(2)ALT375

ORDER1. I am of the view that the office objection is well taken.2. O.S. No. 128 of 1983 on the file of the learned district Munsifs Court at Markapur is for recovery of a sum of Rs. 1,528-81 ps. with subsequent interest and costs, on the foot of a hand-letter dated 6-5-1982. By judgment dated 9-3-1989 the learned District Munsif decreed the suit. The defendant's appeal A.S. No. 15 of 1989 before the learned Subordinate Judge at Markapur, against the said judgment and decree, was dismissed and now the defendant seeks to approach this Court by way of the present Second Appeal.3. The office objects and points out that no second appeal is maintainable as the suit in question is of the nature cognizable by a Court of Small Causes and the value of the subject-matter of the original suit did not exceed Rs. 3,000/- and therefore Section 102 of the Code of Civil Procedure (for short 'C.P.C.') is a bar. Section 102, C.P.C. provides as follows: '102. NO SECOND APPEAL IN CERTAIN SUITS -- No secon...