Andhra Pradesh Court September 1995 Judgments
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Smt. P. Mangamma and Ors. Vs. the Women's Co-operative Housing Society ...
Court: Andhra Pradesh
Decided on: Sep-25-1995
Reported in: 1995(3)ALT330
ORDERS.R. Nayak, J.1. Common questions of law and that of facts do arise for consideration and resolution in this batch of Writ Appeals and Writ Petitions and all these Writ Appeals and Writ Petitions have a common factual background. Therefore all these Writ Appeals and Writ Petitions were clubbed and heard together and they are being disposed of by this common judgment.2. Although there are certain factual controversies between the parties, the undisputed facts be summarised as under:In the year 1953 the Tahsildar assigned the following parcels of land comprised in the Government poromboke land bearing Survey No. 403 of Shaikpet village of former Hyderabad west taluk, presently part of Golconda taluk of Hyderabad district, in favour of the following 11 persons under the Laoni Rules, 1950, hereinafter shortly referred to as 'the Rules'.S.No. Name of the assignee Extent of landAcs. Gts.1. Sri Yelliah 10-002. Sri Makkala Sayanna 9-003. Sri Gowlikari Eraiah 6-354. Sri Gowlikari Erraiah 3...
Palla Kasiviswanadham Vs. State Rep. by the Public Prosecutor
Court: Andhra Pradesh
Decided on: Sep-22-1995
Reported in: 1995(2)ALT(Cri)650; 1995(2)ALT(Cri)650; 1996CriLJ2035
ORDER1. The petitioner is charged in C.C. No. 11/93 under S. 7(1)(d) of the Protection of Civil Rights Act, 1955 (hereinafter called 'the Act') and Ss, 504 and 506, IPC. When the case was taken up for trial by the VII Metropolitan Magistrate-cum-Special Mobile Magistrate, the petitioner filed a petition stating that the said Court had no jurisdiction to try his case, as the offence took place in a scheduled area and as per Schedule V of the Constitution of India, the scheduled area falls within the exclusive jurisdiction of Executive Magistrate and that the Criminal Procedure Code, 1973 was not applicable and the Judicial Magistrate has no jurisdiction to try the offence. On the said objection the Special Mobile Magistrate sent the record to the Metropolitan Sessions Judge, Visakhapatnam, who has taken it on file as Crl.R.C. No. 36/94. The learned Sessions Judge held that the Court of VII Metropolitan Magistrate-cum-Special Mobile Magistrate has been constituted to deal with cases unde...
P. Chennaiah Vs. Deputy Executive Engineer and ors.
Court: Andhra Pradesh
Decided on: Sep-22-1995
Reported in: (1996)IILLJ240AP
P.S. Mishra, C.J. 1. Heard. In Writ Appeal No.335 of 1995 this Court has held, in agreement with the view expressed by the Bombay High Court, as follows:-'Bombay High Court's view in the case of Carona Sahu Co. Ltd. v. A.D. Munafkhan and Ors. (1995-I-LLJ-47), however, is similar to the view taken by us in these words: 'The Parliament had introduced Section 17B of the Act with the object that the workman is not deprived of wages which he is entitled to draw in case the award directing reinstatement is implemented. The workman is deprived of the wages payable in pursuance of the award only because of pendency of the proceedings. The award directing reinstatement and continuity of service makes it clear that the dismissal of the employee was illegal and in the eves of law the workmen continued in service and consequently the workman was entitled also to payment of backwages. The determination of the backwages is only on the basis of what the workman would have drawn during the period comm...
K. Muni Reddy and ors. Vs. the Mandal Revenue Officer
Court: Andhra Pradesh
Decided on: Sep-22-1995
Reported in: 1996(1)ALT726
ORDERC.V.N. Sastry, J.1. Heard both sides. 2. The petitioners, 13 in number, claim that they are landless poor persons eligible for assignment of land under the Assignment Rules. It is stated that they have been in possession and occupation of a total extent of 12 acres in S. No. 119 of Ramanujapalle village Accounts, Thummalagunta Group, Tirupati Rural Mandal, Chittoor District and cultivating the same for more than 20 years having reclaimed the same by spending huge expenditure. Their grievance is that even though they made several representations to the respondent-Mandal Revenue Officer for grant of pattas to them in respect of the lands in their occupation, the Mandal Revenue Officer without considering their request for assignment and without following due process of law as prescribed in the Land Encroachment Act or in B.S.O. 16, has been threatening to evict them-from the lands. It is obvious that eviction of such landless persons from the lands in their occupation will deprive t...
The Divisional Forest Officer Vs. the Principal Subordinate Judge and ...
Court: Andhra Pradesh
Decided on: Sep-22-1995
Reported in: 1995(3)ALT324
ORDERC.V.N. Sastry, J.1. this revision under Article 227 of the Constitution the order dt. 19-5-1989 passed by the lower Court granting an interim injunction and the subsequent delay and inaction on the part of the lower Court in not disposing of the petition for temporary injunction on merits are assailed. The facts leading to this revision petition may be stated briefly:The second respondent herein was granted a quarry lease for road metal and building stone in the year 1979 for a period of five years which expired in the year 1994. Before the expiry of the lease period, the second respondent is stated to have applied for renewal of the lease. As the concerned authorities did not pass orders thereon, the second respondent filed a writ petition W.P. No. 14310 of 1984 in this Court for directing the authorities to renew the lease in his favour. In the said writ petition he obtained interim orders in W.P.M.P. No. 18847 of 1984 permitting him to carry on the quarrying operations pending ...
Nagendla Subba Lakshamma Vs. Salam Subba Rami Reddy and anr.
Court: Andhra Pradesh
Decided on: Sep-22-1995
Reported in: 1995(3)ALT611
ORDERMaithili Sharan, J.1. This revision petition is directed against the Order, dt. 12-8-1994 in E.P.No. 49 of 1992 in O.S.No.68 of 1991 passed by the Principal District Munsif, Cuddapah.2. The relevant facts leading to this revision petition may be summarised thus:-The respondents filed O.S.No.68 of 1991 in the Court of Prl. District Munsif, Cuddapah against the petitioner for recovery of a sum of money on the basis of a pronote. The suit was decreed on 25-2-1992 for a total sum of Rs. 34,733/-. Afterwards, E.P.No.49 of 1992 was filed by the respondents for the realisation of the decretal amount and the property of the Judgment Debtor i.e. revision petitioner herein, was attached in execution. The revision petitioner - Judgment Debtor raised two defences, namely., (1) The attached property did not belong to her, but in fact, it belonged to her husband; and (2) she had already made two payments Rs. 7,000/- and Rs. 5,000/- the stamped receipts are Exs. B-l and B-2 respectively. The lea...
Musti Rama Seshagiri Rao Vs. State Bank of India, Rep. by Its Manager
Court: Andhra Pradesh
Decided on: Sep-22-1995
Reported in: 1995(3)ALT880
ORDERMaithili Sharan, J.1. This is one of the Judgment Debtors revision petition against the impugned order dated 6-7-1993 passed in E.P.No.7 of 1991 in O.S.No.25 of 1982 by the Court of the I Additional District Judge, Rajahmundry.2. The brief relevant facts leading to this revision petition may be summarised thus: The respondent viz. State Bank of India, Rajahmundry filed a suit O.S.No.25 of 1982 against the defendants 1 to 5 for the recovery of money on the basis of a mortgage executed by the latter in favour of the former. A preliminary decree was passed on 12-8-1985 in favour of the respondent. Thereafter, the respondent applied for passing of the final decree. Obviously, the 6th defendant i.e. petitioner was added in the case because he had bona fide purchased some of the items of the mortgaged property, namely, item Nos. 4(a) to 4(d) of 'C schedule property by registered sale deed for valuable consideration. He raised this point during the final decree proceedings and it was acc...
B. Venkatakrishnaiah Vs. Director of School Education, Govt. of Andhra ...
Court: Andhra Pradesh
Decided on: Sep-21-1995
Reported in: AIR1996AP108
1. The appellant herein, who is the petitioner in W.P. No. 19911/94, has filed this appeal assailing the order of the learned single Judge dated 31-3-1995. Convenience warrants reference of the parties as per their array in the writ petition.2. The petitioner filed the writ petition seeking a writ of mandamus declaring the action of respondents 2 and 3 in instructing respondent No. 4 to replace the petitioner in the office of the Manager of Sri Sarada Nilayam High School Committee and the consequential action of respondet No. 4 in seeking approval of his appointment as Correspondent and Secretary-cum-Manager of Sri Sarada Nilayam High School Committee and the action of respondents 2 and .3 in accepting respondent No. 4 as Manager, as illegal and void as opposed to the principles of natural justice and contrary to the provisions contained in Section 24 of the A. P. Education Act, 1982 and consequently to direct the respondents to refrain from in any way interfering with the petitioner t...
Sri Chintala Satyanarayana Vs. Smt. Chintala Kistamma
Court: Andhra Pradesh
Decided on: Sep-21-1995
Reported in: 1996(3)ALT22
M.N. Rao, J.1. This letters patent appeal arises from the judgment of a learned single judge in A.S.No. 477/1980 dismissing the appeal of the plaintiff confirming the judgment and decree passed by the trial Court in O.S.No. 73/1976 dismissing the suit filed by the plaintiff seeking partition of suit A & B schedule properties into two equal shares and allottment and possession of one share in his favour.2. The suit was laid on the averments that the appellant was the adopted son of the defendant and her husband Agaiah, the adoption having taken place on 3-6-1962. He pleaded that his marriage was solemnized by the adoptive parents on 30-1-1963, that he and his wife lived for a period of eight months with the adoptive parents and that thereafter as disputes arose between the defendant and his wife, he had to leave the house. The adoptive father died on 2-2-1976. It was also averred in the plaint that a panchayat was held before the Vyshya Sangham-the parties belong to Vyshya community-and...
Kollipara Veera Raghavamma and anr. Vs. S. Raghavaraju and ors.
Court: Andhra Pradesh
Decided on: Sep-21-1995
Reported in: 1996(3)ALT483
Syed Saadatullah Hussaini, J.1. This Letters Patent Appeal is filed against the judgment of a learned single Judge in A.A.O.No. 1045 of 1984, dismissing it by order dated 30-11-1988 confirming the judgment of the Motor Vehicles Accidents Claims Tribunal (I Additional District Judge, Guntur) in Original Petition No. 482 of 1982, dated 19-3-1984.2. The claimant, appellants herein, are the parents of the deceased boy-aged 17 years who died in an accident on 22-5-1982 at about 8.00 pm. While the deceased was going on cycle, the lorry APK 2045 proceeding from Kollipara to Tenali, owned by respondent No. 1, dashed against the cycle at Nandivelugu village on Guntur - Kollipara road and the deceased fell down and died instantaneously. The appellants herein filed claim petition alleging that the death of the boy was due to rash and negligent driving of the vehicle by respondent No. 2 - driver. Respondent No. 3 Insurance Company with which the vehicle was insured contested the claim petition. Re...
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