Andhra Pradesh Court October 1996 Judgments
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A.M. Prasada Sarma Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Oct-31-1996
Reported in: 1998(2)ALD545
ORDERP.S. Misra, C.J.1. Heard.2. The petitioner herein is a member of A.P.State Higher Judicial Service and is presently Grade II District and Sessions Judge, as per G.O.Rt.No.1363, General Administration (SC.F) Department, dated 25-3-1992, read with the proceedings of theHigh Court of Andhra Pradesh in ROC No.l955/92 B. Spl, Notffication No.74, B. Spl., dated 1-4-1992. While he was working as Second Additional District and Sessions Judge, Karimnagar, in the first week of April, 1993, he suffered severe chest pain, for which he was examined by the doctors in the Government Headquarters Hospital, Karininagar. On the advice of the doctors of the Government Headquarters Hospital, Karininagar, he was treated at the Nizam's Institute of Medical Sciences, Hyderabad, and on the finding that by-pass surgery was urgently needed, he was treated by the doctors by immediate Coronary Angiogram and Coronary by-pass Surgery. The petitioner was given a medical advance of Rs.50,000/-as per the proceedi...
Grandhi Ramakoteswara Rao and ors. Vs. Govt. of A.P. by Secretary, Mun ...
Court: Andhra Pradesh
Decided on: Oct-31-1996
Reported in: 1996(4)ALT909
ORDERS.V. Maruthi, J.1. This petition is filed for a direction declaring the action of the respondents In shifting the Sunday market from the area in front of Mavulamma temple to Wednesday market near the new Bus-stand at Bhimavaram.2. The petitioners are residents of Bhimavaram town. For over a period of 100 years Sunday market is conducted in the open land in front of Mavulamma 30 temple where vegetables and fruits are sold by the Vendors who come from various towns and nearby places. No non-vegetarian stuff is sold in the said market. There is also another market known as Wednesday market near the new Bus-stand. The respondents have decided and notified to shift the Sunday market to the Wednesday market at the new Bus-stand. The petitioners contend that the area near Bus-stand is not conducive for the purpose of conducting market. Further for purpose of shifting the market, the respondents should pass a resolution and obtain sanction from the Government under Section-277(3) of the A...
K. Sai Sridevi Vs. Alluri Narasimha Raju and Others
Court: Andhra Pradesh
Decided on: Oct-31-1996
Reported in: 1998(5)ALD330; 1998(6)ALT224
ORDER1. This Civil Revision Petition is preferred against the order dated 15-7-1995 passed in Interlocutory Application No.255 of 1995 in Original Suit No.473 of 1993 by the trial Court holding that the document dated 7-5-1993 filed by the second and third respondents before it is not a lease agreement and is only an agreement to execute a lease agreement.2. The trial Court was hearing an application filed under Order-40 Rule-1 of the Civil Procedure Code for the appointment of Receiver to take possession of the plaint schedule property . When the said document was tendered as evidence, it was contended by the respondents that the same is a lease agreement and as such it is compulsorily registerable.3. The learned Counsel for the Revision Petitioner has filed a true copy of the document that was sought to be filed in the trial Court and the translation thereof was also famished to the opposite side.4. For the purpose of appreciation of rival contentions by both sides, the relevant reci...
Zonal Manager, Food Corpn. of India and ors. Vs. D. Venkata Rao and or ...
Court: Andhra Pradesh
Decided on: Oct-30-1996
Reported in: 1997(1)ALT594; (1998)IIILLJ783AP
ORDER1. Writ Appeals 276, 277 and 492 of 1995 have been filed challenging the common order passed by the learned single Judge in W.P.Nos. 17306, 18193 and 18194 of 1989 respectively dated October 5, 1994, while Writ Appeal No. 281 of 1995 has been filed challenging the order of the learned single Judge dated November 8, 1994 in Writ Petition No. 17290 of 1989 disposing of this writ petition in terms of the common order dated Octobers, 1994.2. The question to be considered in all these Writ Appeals is, whether the writ petitioners who are the respondents herein were the workmen of the Food Corporation of India and entitled to seek regularisation of their services even though they were the members of the Food Corporation of India, Modern Rice Mill Muta Workers Labour Contract Co-operative Society, Sattenapalli, Guntur District, who initially supplied the services of the writ petitioners to carry on the work of loading, unloading and processing of food-grains pertaining to the business of...
Kanneganti Anjaneyulu and ors. Vs. State Bank of India, Rep. by Its Br ...
Court: Andhra Pradesh
Decided on: Oct-30-1996
Reported in: 1997(2)ALT303
ORDERA. Hanumanthu, J.1. This revision is directed against the order dated 11-11-1991 passed in E.P. No. 124/90 in O.S. No. 15/87 on the file of the Principal Subordinate Judge, Tenali.2. The revision petitioners are the judgment-debtors 2 to 5 and the respondent herein is the decree-holder in E.P. No. 124/90. In execution of the decree in O.S. No. 15/87, the respondent filed E.P. No. 124/90 for arrest of the judgment-debtors after issuing notices under Order 21 Rule 37 C.P.C. The notice under Order 21 Rule 37 C.P.C. was issued to the judgment-debtors 2 to 5, but they did not appear in Court in pursuance to the said notice on 11-11-1991. Hence, they were set ex parte and arrest of the judgment-debtors 2 to 5 was ordered. Assailing that order, the judgment-debtors have come up with this revision petition.3. Heard the learned Counsel for the petitioners and the respondent, and perused the lower Court order.4. The learned Counsel for the petitioners submits that the impugned order directi...
The Depot Manager, Apsrtc and anr. Vs. Alvala Krishna Mrunalini and or ...
Court: Andhra Pradesh
Decided on: Oct-30-1996
Reported in: 1997(1)ALT282
B.K. Somasekhara, J.1. This is the respondents' appeal as against the award of the Motor Accidents Claims Tribunal-cum-District Judge, Khammam in O.P. No. 160 of 1989 dated 19-3-1990 questioning the alleged excessive amount of compensation awarded by the Motor Accidents Claims Tribunal, Khammam. The claimants have filed the Cross-Objections, inter alia, contending that the amount of compensation so awarded is inadequate. The two aspects involving the common questions have been considered together for the purpose of convenience.2. A claim petition Under Section 110-A of the Motor Vehicles Act, 1939 (for short 'the Act') was laid by the claimants who are the wife and children of the deceased Venkateswar Rao, an advocate practising at Sathupalli to recover Rs. 4,00,000/- due to the death in the motor vehicle accident on 14-1-1989 said to be due to the rash and negligent driving of the bus No. AEZ 2956 by the driver, respondent No. 1. Among the respondents, respondent No. 1 is the driver, ...
Smt. G. Laxmamma Vs. N. Narsimha and anr.
Court: Andhra Pradesh
Decided on: Oct-30-1996
Reported in: 1997(1)ALT620
P. Ramakrishnam Raju, J.1. The plaintiff-respondent in A.S. No. 109 of 1986 is the appellant in S.A. No. 125 of 1989. The suit was filed for declaration of title in respect of a vacant site measuring 81.60 sq. yards, being Plot No. 9 and Municipal No. 1-8-588/31, Azamabad, Hyderabad and for permanent injunction.2. The case of the appellant is; she purchased the suit land under a Registered sale deed dated 14-7-1980, from one Parameshwar, who in turn purchased the same from one Bhimaiah. Ever since the appellant is in peaceful possession. While so, the second respondent-defendant who was employed as Watchman by the vendor in collusion with the first defendant-respondent threatened to dispossess the appellant. Hence, she filed the suit.3. The first respondent in his written statement stated that he entered into an agreement of sale dated 15-5-1978 with the original owner Sri Gundla Bhimaiah, for a total consideration of Rs. 5,000/-, paid an advance amount of Rs. 2,000/- and he was put in...
T.R. Ravi Mohan Vs. the Registrar and Chairman, Selection Committee, A ...
Court: Andhra Pradesh
Decided on: Oct-30-1996
Reported in: 1996(4)ALT1083
C.V.N. Sastri, J.1. In this writ petition, the petitioner assails the action of the A.P. University of Health Sciences i.e., respondents 1 and 2 in denying admission to him and instead admitting the third respondent herein in M.D. (R.D.) Course for the year 1995-96 and seeks a further direction to respondents 1 and 2 to admit the petitioner in the M.D. (R.D.) or M.S. General Surgery Course for the year 1995-96 by setting aside the admission granted to the third respondent.2. The petitioner is a candidate belonging to Schedule Caste non-service category whereas the third respondent is a Scheduled Caste candidate belonging to the service category. In the entrance test the petitioner secured Rank No. 476 in the Master Merit List whereas the third respondent secured Rank No. 697. The grievance of the petitioner is that though he secured a much higher rank than the third respondent, he (petitioner) was unjustly denied admission by the selection committee and the third respondent was favoure...
The Senior Divisional Manager, Life Insurance Corporation of India and ...
Court: Andhra Pradesh
Decided on: Oct-30-1996
Reported in: 1996(4)ALT1043
P.S. Mishra, C.J.1. Heard.2. An offer similar to one given on behalf of the appellants before the Supreme Court in E. Prabhavathy and Ors. v. The Life Insurance Corporation of India & another, Civil Appeal No. of 1992 (Arising out of S.L.P.(C) Nos. 10393-10413/92) dated 23-10-1992) is given on their behalf in the instant appeal. Speaking on the scheme furnished before the Supreme Court in the above case, the Supreme Court has observed as follows:'We are of the opinion, the scheme is in consonance with the guideline which we have laid down in Paragraphs 43 to 49 of Piara Singh's Judgment. Mr. Salve, the learned Counsel for the LIC, also informed us that in regard to future ad hoc appointments/regularisation the LIC is in the process of making a scheme consistent with the guidelines laid down in Piara Singh's case so that this devise of employment for 85 days which has not been approved may not be resorted to in future. The scheme contained in Clauses (a) to (d) of Paragraph 1, which is ...
Kakkirala Someswara Rao Vs. Gogula Sanyasi Setty and ors.
Court: Andhra Pradesh
Decided on: Oct-30-1996
Reported in: 1997(3)ALT489
B.K. Somasekhara, J.1. The Order of the II Additional Sub-Judge, Kakinada in OP. No. 31 of 1988 dated 22-10-1990 holding that the appellant is not the indigent person for the purpose of Order 33, Rule 1 of Code of Civil Procedure in regard to the exemption to pay the Court fee is challenged in this appeal.2. The appellant/petitioner filed the suit in forma pauperis against the respondents. He pleaded that he was handicapped to pay the Court fee of Rs. 2446/- on the plaint. The plea of the indigent person was disputed by the respondents. An enquiry was held into the controversy. The appellant examined himself as P.W.1 and his father as P.W.2 and the 1st respondent examined himself as R.W.1 and a witness as R.W.2 and Exs.B-1 to B-3 were marked for the respondents in addition to Exs.X-1 and X-2 and none for the appellant. The appellant claimed to be a hawker having no sufficient income to pay the Court fee. He testified that P.W.2 his father paid him Rs. 9,000/- in lieu of his share in th...
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