Andhra Pradesh Court April 1996 Judgments
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B. Yellaiah Vs. Ex-officio Secretary to Govt. of A.P., Food and Agricu ...
Court: Andhra Pradesh
Decided on: Apr-23-1996
Reported in: 1996(2)ALD(Cri)289; 1996(3)ALT503
M.H.S. Ansari, J.1. The Writ Petitioner/Appellant is a fair price shop dealer. On 27-1-1985, the Deputy Tahsildar, Civil Supplies inspected the house of the petitioner and found 103 bags of Rice in his possession. The petitioner was also found in possession of 150 kgs of Sugar which was said to be in contravention of Clause 3 of A.P. Prevention of Hoarding of Food-grains Order, 1973 and therefore the Tahsildar seized the said 103 bags of rice and 150 kgs of Sugar on the ground that the same were liable to be confiscated Under Section 6A of the Essential Commodities Act, 1955. The petitioner preferred his objections and an enquiry was conducted and the petitioner submitted his written explanation before the Joint Collector, who by his orders dated 29-8-1985 ordered for confiscation and seized the said stock in favour of the Government Under Section 6A of the Essential Commodities Act. Aggrieved against the said orders, an appeal was filed by the Writ Petitioner-Appellant Under Section 6...
Mohan Raj Jhawar Vs. Union of India (Uoi) Through Chief Secretary, Civ ...
Court: Andhra Pradesh
Decided on: Apr-23-1996
Reported in: 1996(3)ALT939
ORDERT.N.C. Rangarajan, J.1. This writ petition seeks a direction to the respondents to extend the benefit of holiday bonus scheme to all passengers. Second respondent had devised a scheme by which Government and public sector employees were offered tickets at one half of the normal fares in the domestic sector. In a press release, the second respondent has stated that Air tickets will be given to them at roughly the price of a second class air conditioned train ticket. It is a smart marketing move for filling up seats which often go empty. The petitioner submits that there is no reason why this scheme should not be extended to all other passengers, who may also be prepared to pay the concession fare and travel in domestic sector of the international air travels.2. The learned counsel for the petitioner has to first establish that second respondent is a State or an instrumentality of the State within the meaning of Article 12 of the Constitution of India. Though Air India was originall...
Smt. Sripathi Susheela Vs. Smt. K. Venkata Ramana Rajeswari Devi
Court: Andhra Pradesh
Decided on: Apr-23-1996
Reported in: 1996(3)ALT753
A.S. Bhate, J.1. This is a peculiar appeal preferred by defendant No. 3 against defendant No. 5. None of the plaintiffs or the other defendants have been made party to this appeal. In the circumstances, the maintainability of such appeal is the primary question which has been argued before us by the learned Counsel on both the sides.2. O.S. No. 347 of 1980, in the Court of the learned Principal Subordinate Judge, Guntur, was initiated by Smt. K. Susheela and her two daughters named Jayasree and Vasundhara. The suit was instituted for obtaining a declaration that the said plaintiffs were entitled to the suit schedule properties according to their shares. The total share claimed by the plaintiffs was 6/8th. Consequently relief of partition and possession of the said property, according to their share, along with future mesne profits was also claimed. One K. Jaya Ramayya was the owner of certain ancestral properties out of the suit schedule properties. The said Ramayya died some time befo...
N. Chinnaiah Vs. the Depot Manager, Apsrtc and anr.
Court: Andhra Pradesh
Decided on: Apr-19-1996
Reported in: (1997)IILLJ512AP
ORDER1. The Award of the Labour Court-II, Hyderabad in I.D. No.77/93 dated March 4, 1995 is assailed before this Court by the workmen. 2. The petitioner was a Conductor in the A.P.S.R.T.C. having been appointed in the year 1973. He was conducting the bus on June 14, 1992 on the route from Nandipet-Nizamabad. While so, a cheek was made by the T.T.Is. at stage No. 8 and it was found that four passengers were found without tickets even though the petitioner had collected a fare of Rs. 1.50 ps. each from them. It was the case of the petitioner that there was a dispute with regard to the minimum fare. While the passengers were inclined to tender Re. 1/-, the requisite fare as per the chart was Rs. 1.50 ps and while the arguments were going on, the cheek took place and thus the passengers were found without tickets. The petitioner thereafter was placed under suspension, a charge sheet was issued alleging that he had collected fare from four passengers totalling to Rs. 6/- and did not issue t...
K. Mohan Rao Vs. Asst. General Manager and Disciplinary Authority, Reg ...
Court: Andhra Pradesh
Decided on: Apr-19-1996
Reported in: 1996(4)ALT602
ORDERG. Bikshapathy, J.1. The question that falls for consideration in both the Writ Petitions is whether the Employee can take the assistance of a co-employee and whether Clause 521 (10) (a) of Sastry Award is constitutionally valid. As common questions of law are involved, both the Writ Petitions are dealt with jointly.2. Before delving into the legal aspect, it is necessary to trace out certain individual facts. The petitioner in W.P.No.7524 of 1992 was appointed as Messenger in the State Bank of Hyderabad, Machilipatnam in 1985. Disciplinary proceedings were initiated against the petitioner under the provisions of the Sastry Award and Desai Award. During the course of enquiry, the petitioner sought the assistance of one Sri R. Shyam Sunder, an employee working in the Bank. The Enquiry Officer rejected the said assistance interpreting the provisions of Clause 521 (10) (a) of Sastry Award read with Paragraph 18-28 of Desai Award which state that the employee shall be permitted to be ...
Gollareddigari Golla Reddy Vs. Mallepalli Adinarayana Reddy
Court: Andhra Pradesh
Decided on: Apr-19-1996
Reported in: 1996(3)ALT1
ORDERC.V.N. Sastri, J.1. The short but interesting question which arises for decision in this C.R.P. is whether land held under an agreement of sale by the wife of the judgment-debtor can be computed in his holding to decide whether he is a small farmer within the meaning of A.P.Act 45 of 1987 read with A.P. Act 7 of 1977. Before considering the said question, it is necessrary to briefly state the facts of the case.2. The respondent herein obtained a simple money decree against the petitioner herein in O.S.No. 94 of 1986 on the file of the court of the Principal District Munsif, Kadiri. In execution of the said decree, the respondent filed E.P.No. 165 of 1987 for arrest and detention of the petitioner/judgment-debtor in civil prison. The petitioner /judgment-debtor filed a counter opposing the said E.P. inter alia on the ground that he is a small farmer entitled to the protection of A.P.Act 45 of 1987 readwith A.P.Act 7 of 1977 and hence the decree debt must be deemed to be wholly disc...
Kola Keshava Reddy Vs. Kola Anantha Lakshmi and ors.
Court: Andhra Pradesh
Decided on: Apr-18-1996
Reported in: 1996(1)ALD(Cri)683; 1996(2)ALD(Cri)79; 1996(2)ALT(Cri)320; 1997CriLJ933; II(1996)DMC250
ORDER1. This petition is filed to quash the order passed by the Addl. Judicial Magistrate of First Class, Addanki, in M.C. No. 5 of 1994, dated 22-3-1995 and also the order passed by the Sessions Judge, Prakasham District, Ongole, in Crl.R.P. No. 19 of 1995, confirming the order of the trial Court. 2. The 1st respondent filed M.C. No. 5/94 on the file of the Additional Judicial Magistrate of First Class, Addanki, for maintenance u/S. 125(1) Cr.P.C. claiming maintenance at the rate of Rs. 500/- p.m. towards her maintenance and also Rs. 400/- each to the petitioners 2 and 3 towards their monthly maintenance. That petition was allowed granting maintenance at the rate of Rs. 400/- per month to the 1st respondent herein and Rs. 350/- to the 2nd respondent and also Rs. 300/- to the 3rd respondent from the date of petition i.e. 28-3-1994. Aggrieved by the said order, the petitioner herein had preferred Criminal Revision Petition No. 19/1995 on the file of the Sessions Judge, Prakasham Distric...
Public Prosecutor, High Court of Andhra Pradesh Vs. Mohd. Hoshan and a ...
Court: Andhra Pradesh
Decided on: Apr-18-1996
Reported in: 1996(2)ALD(Cri)104; 1996(2)ALT(Cri)326; 1996CriLJ2834; II(1996)DMC150
1. The State has preferred this appeal against the Order of acquittal recorded by the II Additional Metropolitan Sessions Judge, Hyderabad in Sessions Case No. 219/88 whereby the respondents have been acquitted of the charges levelled against them under Sections 498A, 306 and 304B of the Penal Code. 2. Smt. Razwana Parveen, daughter of PWs. 4 and 5 and sister of PW-3 was married to the 1st respondent on 26-4-1987. She died on 12-3-1988 in the Osmania General Hospital, Hyderabad, due to burn injuries. It is alleged by the prosecution that on 9-3-1988 at about 9.30 p.m. Razwana Parveen committed suicide because of cruel behaviour of the respondents after her marriage. PW-4 gave 3 tolas of gold and 40 tolas of silver and other articles at the time of marriage of her daughter, Razwana Parveen with the 1st respondent. She stayed about 8 days in her husband's house after the marriage and then she was sent back to her parents' house. She was sent to her husband's house, but he sent her back a...
M. Prasadarao (Died) Per L.R. Vs. Andhra Pradesh State Road Transport ...
Court: Andhra Pradesh
Decided on: Apr-18-1996
Reported in: 1996(3)ALT50
Avinash Somakant Bhate, J.1. The appellant before us was occupying certain premises belonging to the respondent (plaintiff). The respondent filed the suit on the basis that the appellant was inducted as a licensee in the premises occupied by him and the said licence having stood expired the appellant was bound to surrender the vacant possession of the said premises in favour of the respondent Separate suits were filed against all the occupants. The appellant contended that he was a tenant and was not liable to be evicted, merely on the ground that the term of licence, as alleged by the plaintiff, had expired. The learned trial Court, on going through the pleadings and evidence adduced before the said Court, delivered the judgment on 1-8-1992 dismissing the suit and holding that the appellant was a tenant of the said premises and could not be evicted except by due process of law. In an appeal preferred by the plaintiff against the said judgment, the learned single Judge of this Court he...
Reddi Demudu Vs. Kannuru Demudamma
Court: Andhra Pradesh
Decided on: Apr-18-1996
Reported in: 1996(3)ALT384
B.K. Somasekhara, J.1. This appeal assails the Judgment of the learned II Additional District Judge, Visakhapatnam in A.S.No. 39 of 1982 dated 17-4-1989 allowing the appeal which was preferred against the Judgment and decree passed by the learned Additional District Munsif, Anakapalli in O.S.No. 305 of 1979 dated 19-12-1981.2. The appellant was the plaintiff in the suit who got a decree. The respondent herein was the 1st defendant in the suit whereas the second defendant in the suit who filed written statement and did not pursue the case was not impleaded as a party in the appeal in A.S.N0.39/82 and also in this appeal. The parties will be referred to as the plaintiff and the 1st defendant regarding the status they occupied in the suit and that serves the convenience.3. The plaintiff filed the suit for declaration that he is the owner of the suit lands and for permanent injunction restraining the defendants from interfering with his possession of the same, for costs and such other reli...
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