Andhra Pradesh Court August 1995 Judgments
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M. Subrahmanyeswara Rao Vs. Divisional Manager, Apsrtc and anr.
Court: Andhra Pradesh
Decided on: Aug-14-1995
Reported in: 1995(3)ALT75; (1996)ILLJ745AP
ORDERS.R. Nayak, J.1. The petitioner's father was working as mechanic in the service of the respondent-Corporation and died in harness on May 8, 1973. When his father died, the petitioner was a minor. The widow of the deceased-employee made an application to the respondent- authority in the year 1973 itself seeking appointment on compassionate ground. It is averred in the writ petition that the widow was told orally by the officers of the Corporation that she was not eligible for appointment. Thereafter the petitioner attained the age of majority only in the year 1990. On March 14, 1990 the petitioner made an application to the respondents seeking appointment to the post of cleaner on compassionate ground under the scheme framed by the Corporation providing appointment to the dependents of the deceased employees on compassionate grounds. In pursuance of the said request of the petitioner the petitioner was called for interview. The petitioner did not hear anything from the Corporation ...
B. Maheswaramma Vs. Smt. M. Ramasubbamma and ors.
Court: Andhra Pradesh
Decided on: Aug-14-1995
Reported in: 1996(1)ALT274
P.S. Mishra, C.J. 1. Heard. On the facts of this case we are inclined to interfere with the direction of the learned Single Judge and order instead that the Revenue Divisional Officer must complete the enquiry within a reasonable time, preferably within one month from the date of receipt of a copy of the order and until the disposal of the enquiry the status quo as on the date of filing of the writ petition shall be maintained. 2. Learned Counsel for the respondent-writ petitioner has however contended before us that the appellant who has entered as a dealer on a licence temporarily granted to her in the vacancy on account of the cancellation/suspension of the licence of the writ petitioner-respondent has no locus standi in the matter as the challenge to the order of cancellation/suspension of the licence of the writ petitioner-respondent in no way involves the appellant. He has in short argued that for the proceeding which requires examination whether the cancellation/suspension of th...
M. Ramakrishna Sastry Vs. M. Seetaramaswamy and anr.
Court: Andhra Pradesh
Decided on: Aug-14-1995
Reported in: 1996(1)ALT318
ORDERY.V. Narayana, J. 1. The defendant in O.S. No. 38 of 1993 on the file of the learned Additional Subordinate Judge, Guntur filed this petition seeking transfer of O.S. No. 38 of 1993 to the Court of Additional Subordinate Judge, Tenali to be tried along with O.S. No. 56/90 pending in that Court. 2. The brief facts of the case are: The first respondent herein filed O.S. No. 56 of 1990 on the file of the learned Additional Subordinate Judge, Tenali to recover a sum of Rs. 93,445-90 said to be due to him from the petitioner on a settlement of account with regard to the income from his property that fell to his share in the earlier family partition. Respondents 1 and 2 filed O.S. No. 38 of 1993 on the file of the learned Additional Subordinate Judge, Guntur seeking partition of the estate which fell to the share of their deceased father in the earlier family partition, into three equal shares and for separate possession of two such shares and for other reliefs. The petitioner submits t...
The Commissioner of Prohibition and Excise and ors. Vs. Century Wines ...
Court: Andhra Pradesh
Decided on: Aug-14-1995
Reported in: 1995(3)ALT86
ORDERP.S. Mishra, C.J.1. The Commissioner of Prohibition and Excise and others have preferred these appeals against an order in W.P.M.P. 17319/95 in W.P. 12019/95 and other applications in writ petitions aforementioned. Writ Petitioner- respondents have moved the court with applications under Article 226 of the Constitution against an order in Cr.No. 2288/95/DPE/C2, dated 10-5-1995 issued on behalf of the Commissioner of Prohibition and Excise which is as follows:'Applications are being received for issue of Through Transport Permits for transportation of IML through the State of Andhra Pradesh. The applicants are informed that in future they have to arrange lorries/ vehicles which are having doors to close and locking facility for transportation of IML through the State of Andhra Pradesh. In future only such applications of such applicants will be considered who can arrange for transportation of IML with the above mentioned facility.'The main objection to the above is that the restric...
Kandru Venkateswarlu and ors. Vs. Government of A.P. Rep. by Its Secre ...
Court: Andhra Pradesh
Decided on: Aug-14-1995
Reported in: 1995(3)ALT217
ORDERLingaraja Rath, J.1. The petitioners are some of the electors of Panidem Gram Panchayat, Sattenapalli Mandalam, Guntur District, and have come before this Court impugning the election to the office of sarpanch of the gram panchayat held on 27-6-1995 in which the respondent No. 6 is said to have received more votes than respondent No. 5 who polled the next highest. The basis for challenging the election is that even though all the four candidates who had filed nominations had withdrawn their candidature, yet the Election Officer, respondent No. 4, erroneously treated the respondents 5 and 6 to have survived the withdrawals since they had filed two valid nominations each and according to him the withdrawals by the respondents 5 and 6 related to only one of the nominations of each one of them, for which they were entitled to contest the election on the basis of other nominations. Mr. M. Chandrasekhara Rao, learned Counsel appearing for the petitioners, urges the approach of the elect...
Andari Govindaiah Vs. Vemula Venkatamma (Died) and ors.
Court: Andhra Pradesh
Decided on: Aug-14-1995
Reported in: 1995(3)ALT685
ORDERB.S. Raikote, J.1. This revision petition is filed by the original defendant No. 3 challenging the order of the District Munsif, Sathyavedu dated 7-2-1994 passed on his file in I.A. No. 189 of 1993 in O.S. No. 32 of 1989. By the impugned order, the District Munsif refused to set aside the ex parte decree passed against the defendant No. 3. The learned advocate appearing for the petitioner strenuously contended that the impugned order refusing to set aside the ex parte decree is illegal and without jurisdiction. On the other hand, the learned Counsel appearing for the 1st Respondent (Plaintiff) supported the impugned judgment and order.2. In order to appreciate the rival contentions on both sides, it is necessary to note a few facts of the case: The 1st respondent (plaintiff) filed a suit against the 3rd defendant directing the 1st respondent and the 3rd defendant, if necessary, to execute and register a regular deed of reconveyance in favour of the plaintiff in respect of the suit...
K.G. Kannabiran Vs. Chief Secretary, Govt. of A.P. and ors.
Court: Andhra Pradesh
Decided on: Aug-14-1995
Reported in: 1997(4)ALT541; 1995(2)ALT(Cri)490
P.S. Mishra, C.J.1. Sri K.G. Kannabiran, a practising Advocate of this Court and the President of the Peoples' Union for Civil Liberties made on 27-7-1995 an oral application and referred to a news item of morning city edition of the Newspaper 'Indian Express' that an unidentified Peoples' War Group (PWG) Naxalite was shot dead by the police in an alleged encounter near Ashoknagar under Musheerabad police limits late on Wednesday night i.e., 26/27 July night. Sri Kannabiran stated that he had information that one T. Madhusudanraj Yadav, a trade-union leader, was reportedly missing since the alleged encounter and sought Court's intervention for enabling his (T. Madhusudanraj Yadav's) wife and other members of his family to identify the body of the alleged unidentified Peoples' War Group Naxalite. The body of the alleged Naxalite was reportedly in the mortuary of Gandhi Medical Hospital, Secunderabad. The Court ordered as follows:'It goes with the duty of the police and it needs no reite...
Baparowthu Nookamba Vs. Baparowthu Durgamba and ors.
Court: Andhra Pradesh
Decided on: Aug-14-1995
Reported in: 1995(3)ALT908
ORDERB. Subhashan Reddy, J.1. This revision petition arises against the Order dated 7-6-1995 passed in I.A.S.R. No. 525 of 1995 in O.S. No. 29 of 1985 on the file of the Court of the Subordinate Judge, Amalapuram.2. The said Suit was filed for partition and after a long drawn battle, the parties entered into compromise by excluding some properties from partition. A memo was filed before the trial Court, which was accompanied by the terms of compromise, for recording compromise and to pass a preliminary decree in terms thereof. The lower Court recorded the compromise. However, the Office of the Subordinate Judge, Amalapuram called for deposit of non-judicial stamps for engrossing the decree. Then the above I.A.S.R. was filed stating that what was sought to be passed was only a preliminary decree and not a final decree; as such, the question of payment of either Court fee or deposit of non- judicial stamps does not arise. But, the Court below did not accede to the said contention and rej...
Vijayawada Urban Zilla Weaker Section and Economically Backward Classe ...
Court: Andhra Pradesh
Decided on: Aug-11-1995
Reported in: AIR1996AP80
ORDERB. Sri Atchuthananda Swamy, J. 1. These inter connected Writ Appeals were filed against the common order dated 1-4-1994 passed in Writ Petition Nos. 7996/ 93 and batch by our learned brother Justice Immaneni Panduranga Rao (as he then was). All the cases arise under the provisions of the Urban Land (Ceiling and Regulations) Act, 1976, hereinafter referred to as 'the Central Act'.2. A cursory glance at the affidavits filed in support of the Writ Petitions will reveal that a sustained effort is being made by the land-holder Sri Dhulipala Pardhasaradhi, hereinafter referred to as 'the declarant', by himself and through his proxies to save an extent of Ac 3.30 in N.T.S. No. 42, Ac. 0.89 cents in N.T.S. No. 43 and Ac. 0.87 cents in R.S. No. 21/5 in all Ac, 5.06 cents of landsituated in Mogalrajapuram, Vijayawada town from the purview of the provisions of the Central Act. All these Writ Petitions sprang subsequent to filing of the declaration under Section 6(1) of the Central Act by the...
Annamdevula Srinivasa Rao and anr., Etc. Etc. Vs. State of Andhra Prad ...
Court: Andhra Pradesh
Decided on: Aug-11-1995
Reported in: 1995(2)ALT(Cri)447; 1995CriLJ3964; I(1996)DMC239
ORDER1. In all these criminal petitions, a short but interesting and importing question of law arises for consideration of this Court as to whether this Court, in exercise of its inherent jurisdiction under Section 482 Code of Criminal Procedure (for short 'the Code'), can direct the subordinate criminal courts to accord permission to compound an offence which is otherwise non-compoundable under the Code 2. Directions are sought from this Court to compound variety of non-compoundable offences such as Section 138 of the Negotiable Instruments Act (Criminal Petitions Nos. 3460 and 3461 of 1994), Section 498-A of the Indian Penal Code (Crl.P. No. 277 and 932 of 1994 and 2633 and 2685 of 1995), Sections 494 and 498-A, I.P.C. (Crl.Ps. Nos. 748 of 1994 and 1662 of 1995), Section 307 of Indian Penal Code (Crl.M.P. No. 1182/94), Section 452, I.P.C. (Crl. Petns. Nos. 2951 and 2952 of 1995). 3. In Crl.P. No. 277 of 1994, the petitioner-accused was already convicted and sentenced by the Judicial ...
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