Andhra Pradesh Court April 1995 Judgments

Srinivasa Rao Kumbhari Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1995(2)ALT210; 1996CriLJ353

M.N. Rao, J. 1. Srinivasa Rao Kumbhari, an Australian citizen of Indian descent, has filed this writ petition seeking a writ of Habeas Corpus directing the respondents - (1) the State of Andhra Pradesh, (2) Dr. T. H. V. Prasad Rao, (3) Mrs. T. Kamala, (4) Mr. Anjaneyulu and (5) Mrs. T. Saraswathi - to produce his minor daughter, Aparna Kumbhari, aged seven years and handover her custody to him. Respondents 2 and 3 are the maternal grand parents of the minor, Aparna Kumbhari; respondent No. 4 is her maternal uncle, and respondent No. 5 is the wife of respondent No. 4 Srinivasa Rao Kumbhari is a Computer Software Engineer residing at No. 107, Willison Road, Carlton, State of New South Wales, 2218, Australia and he works for the State Bank of New South Wales, Sydney, Australia, as a Computer Software Engineer. He is the holder of an Australian Passport bearing No. HOI 7536. 2. In the affidavit filed in support of the writ petition, Srinivasa Rao Kumbhari, among other things, has alleged t...

Rajendranagar Municipality Rep. by Its Commissioner Vs. B.V. Perraju a ...

Court: Andhra Pradesh

Reported in: 1995(2)ALT320

ORDERB.K. Somasekhara, J.1. The common Award of Respondent No. 2, the III Labour Court, Hyderabad (Sri Syed Abdullah) dated 18-8-1993 passed in M.P. Nos. 179, 173, 176, 175, 172 and 174 of 1992 in favour of respondent No. 1 and against the petitioner is the subject and object of assail in all the writ petitions. The petitioner and respondent No. 2 are common in all the writ petitions. The six writ petitions with common questions comprise for disposal in this common judgment. The petitioner is Rajendranagar Municipality. Respondent No. 1 in each of the cases claiming to be a worker/workman of the petitioner, laid a claim for recovery of over-time allowance under Section 33-C(2) of the Industrial Disputes Act. It was resisted by the petitioner, but allowed in the Award. The relevant particulars of the parties, the claim etc., are tabulated hereunder:SI. W.P. No. & W.P.M.P. No. Corresponding Name of Period ClaimNo. petitioner before job held of claim Labour Court (1) (2) (3) (4) (5) ...

Apsrtc Rep. by Its Managing Director Vs. the State Transport Appellate ...

Court: Andhra Pradesh

Reported in: 1995(2)ALT223

ORDERS. Dasaradharama Reddy, J.1. As these two writ petitions filed by Andhra Pradesh State Road Transport Corporation (for short the RTC) are interconnected, they are disposed of by a common order. The main writ petition is W.P. No. 5148 of 1990. The third respondent, a private bus operator, applied for stage Carriage permit on route Cuddapah to Balasingapalli on 27-9-1989. On 22-12-1989, the RTC filed objections before the Secretary, Regional Transport Authority, Cuddapah stating that the permit cannot be granted in view of overlapping of the notified route by 18 Kms., more than permissible limit of 8 Kms., under the Schedme published in G.O.Ms. No. 309, dated 7-8-1985 covering the route Cuddapah to Kondapeta. The Regional Transport Authority passed order on 23-12-1989 rejecting the permit with one word 'rejected'. Against this order, the operator filed appeal A.P. No. 34 of 1990 before the State Transport Appellate Tribunal (for short 'the Tribunal'). The RTC was, however, not imple...

Mekapathula Lingareddy Vs. Durgempudi Gangireddy and Others

Court: Andhra Pradesh

Reported in: AIR1995AP329; 1995(1)ALT828

ORDER1. The interesting question that arises in this civil revision petition is whether an agreement of sale stipulating delivery of possession on payment of certain amount is exigible to stamp duty as conveyance under Explanation to Art. 47A of Schedule IA to the Indian Stamp Act (for short 'the Act') as applicable in Andhra Pradesh, when subsequently as per the stipulation possession was delivered.2. The petitioner entered into agreement on 22-4-1990 with the 2nd respondent who agreed to sell four acres of land for Rupees 20,000/-. As per the agreement, Rs.8,000/-was paid by the buyer and the balance Rs. 12,000/- was agreed to be paid within two months. The 2nd respondent has undertaken to deliver possession of the property and execute the sale deed as and when desired by the buyer, if the balance of Rs. 12,000/- is paid. The agreement was executed on Rs.20/- stamp paper. Subsequently, on 30-5-1990, the petitioner paid balance sale consideration of Rs. 12,000/- and the second respond...

Vijayalakshmi Jayaram Vs. M.R. Parasuram and Others

Court: Andhra Pradesh

Reported in: AIR1995AP351; 1995(2)ALT32

1. The appellant, who is the plaintiff, filed O.S. No. 103 of 1982 on the file of Subordinate Court, Tirupathi, on 23-6-1982 for dissolution of partnership firm 'Pratap Talkies' (hereinafter referred to as 'the firm') and preliminary decree for rendition of accounts. The partnership, which was reconstituted with effect from 1-7-1976, is not 'at will'. Under Clause 17 of the deed, Ex. B1, the firm can be dissolved by common consent of all partners and no one person has a right by himself to dissolve the partnership. As per Clause 19, 'the partnership shall not be dissolved by reason of death, insolvency or retirement, expulsion of any of the partners and in case of death, retirement or insolvency or expulsion of any of the partners, the retiring partners or the person or the persons in whom the estate of such insolvent partner is vested, shall be entitled to or be liable for the share of capital and profits or share of loss of such partner, on the taking of accounts upto the date of dea...

Pochammala Yellappa Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1995(1)ALT(Cri)558; 1995CriLJ3187

P. Ramakrishnam Raju, J.1. The sole accused in Sessions Case No. 156 of 1992 on the file of the Additional Session Judge's Court, Medak at Sangareddy is the appellant, who was tried for an offence punishable under Section 302, IPC and found guilty, and, therefore, was convicted and sentenced to suffer imprisonment for life. The charge against the appellant is that on 26-3-1992 he was alleged to hav caused the death of his wife Pochamalla Pentamma while she was sleeping by throwing a boulder on her head. 2. The prosecution case briefly stated is as follows : The appellant was a resident of Kudambah village. The deceased was given in marriage to him seven or eight years prior to the occurrence. They lived at Bombay by begging and thereafter, they returned to Sadasivpet where the mother (PW3), sister and PW4, the brother of the deceased are residing. The deceased along with the appellant and their two children came to the house of PW2 for Sankranthi festival and stayed there for a week. D...

Manne Adinarayana Vs. Manne Chintanna (Died) Per L.Rs. and ors.

Court: Andhra Pradesh

Reported in: 1995(2)ALT219

ORDERKrishna Saran Shrivastav, J.1. This revision is directed against the Judgment passed by the Subordinate Judge, Razole, in C.M.A. No. 10 of 1991, whereby the order and decree passed by the Principal District Munsif, Razole, in I.A. No. 187/91 in O.S. No. 19/91 granting injunction in favour of the petitioner/plaintiff has been set aside.2. It is no longer in dispute before me that late (Sri) Manne Ramanna had executed a settlement deed bequeathing his entire property including the plaint schedule property in favour of his sons, that is to say the petitioner/plain tiff, the deceased 1st defendant and Krishna Rao @ Venkataratnam, reserving life interest in himself and his wife, Smt. Manne Ademma. He expired on 30-11-1963, whereupon his wife, Smt. Manne Ademma, obtained possession of the entire property as a life estate holder. She leased out inter alia the plaint schedule property to her son the petitioner/plaintiff (vide: un-registered lease deed dt.l-7-1967 for the year 1967-68). Th...

Andhra Bank Vs. A. Simhachalam

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The respondent herein filed a complaint CD 52/94 at District Forum, Khammam to declare that the auction of the gold ornaments by the respondent-Bank is arbitrary, unjust and grant the complainant proper compensation of Rs. 15,000/- with interest for the mental agony caused to the complainant and costs of Rs. 500/ 2. The complainants case was that he took a loan of Rs. 15,000/- from the opposite party on 6.3.90 by pledging the gold ornaments. He repaid a sum of Rs. 16,000/- in six instalments for which the opposite party issued receipts. But no details as to how much was credited towards the principal and how much was credited towards interest was mentioned in the receipts. While so the opposite party issued a notice stating auction notice to the complainant dated 2.12.93 demanding payment of Rs. 10,853/- by 25.12.93 failing which further action will be taken. But this notice also does not contain the details of the amount due and the principal and in...

Mani Vs. Geethamani

Court: Andhra Pradesh

Reported in: 1996(1)ALT(Cri)77; I(1997)DMC31

K.P. Balanarayana Marar, J.1. Petitioner is the husband of the first respondent. Claiming maintenance the first respondent moved Judicial First Class Magistrate, Ranni under Section 125 of the Code. Alongwith that petition she filed C.M.P. 6300/94 under Section 93, Cr.P.C. for the issue of a search warrant to recover the movables allegedly owned by her and illegally detained by petitioner and his brother. The Magistrate issued a search warrant and all the household articles were taken by the police. Petitions were filed for return of the articles by petitioner and the first respondent. The Magistrate by a common order passed on those applications and C.M.P. 6300/94 directed the articles to be given in interim custody to the first respondent on certain conditions. That common order, a copy of which is Annexure-B is challenged in this petition under Section 482 of Cr. P.C.2. Heard Counsel on both sides.3. The first respondent had moved the Magistrate under Section 125 of the Cr. P.C. cla...

Maulana Mohammed JamaluddIn Deccani and ors. Vs. Government of Andhra ...

Court: Andhra Pradesh

Reported in: 1995(1)ALT775

ORDERMotilal B. Naik, J.1. The centre of controversy in these two Writ petitions is the G.O.Ms. No. 74, Minorities Welfare (Wakf-I), dated 26-8-1994 issued by the Government of Andhra Pradesh constituting the Wakf Board in exercise of powers conferred in it Under Section 11 of the Wakf Act, 1954.2. Writ Petition No. 16111/94 is filed seeking a direction of Certiorari quashing the G.O.Ms. No. 74 and the subsequent errata issued in G.O.Ms. No. 75, Minorities Welfare which are dated 26-8-1994 and 30-8-1994 published in the Andhra Pradesh Gazette Part-I, Extraordinary No. 366, Hyderabad and Andhra Pradesh Gazette Part-I, Extraordinary No. 367 respectively.3. Writ Petition No. 16122/94 is filed seeking to quash the said G.O.Ms. No. 74, dated 26-8-1994 insofar as it relates to respondents 3 and 4 are concerned, viz., Sri Aziz Azam and Sri Mir Hadi Ali who figure at Sl. Nos. 10 and 11 respectively in the said G.O.Ms. No. 74, dated 26-8-1994.4. In these two Writ Petitions, G.O.Ms. No. 74, date...