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Andhra Pradesh Court April 1996 Judgments

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Apr 08 1996

P. Srinivas Rao Vs. the Superintending Engineer and ors.

Court: Andhra Pradesh

Decided on: Apr-08-1996

Reported in: 1996(4)ALT623

ORDERB. Sudharshan Reddy, J.1. The petitioner prays for an appropriate writ, order or direction, particularly one in the nature of a writ of mandamus declaring the action of the respondents in not settling the accounts of the petitioner with regard to Packages 158 and 157 and not releasing the payment for the deposits amounting to Rs. 4,90,869/- pending with them as illegal, arbitrary and unjust and violative of Articles 14, 19(1)(g) of the Constitution of India and also the principles of natural justice. The petitioner consequently prays for a direction directing the respondents to release the deposits pending with them with interest.2. RELEVANT FACTS: The petitioner is stated to be a contractor and was awarded the contract for the formation of the Flood Banks to Nallamada drain in Guntur District for the packages 157 and 158. Two different agreements were entered into by the petitioner with the 1st respondent on 12-3-1992 for the packages 157 and 158. The site is stated to have been ...


Apr 08 1996

K. Krishna Murthy and ors. Vs. Electronics Corporation of India Ltd., ...

Court: Andhra Pradesh

Decided on: Apr-08-1996

Reported in: 1996(3)ALT189

ORDERSyed Saadatulla Hussaini, J.1. In this case, the petitioners seek a writ, order or direction directing the respondent to consider the petitioners' case for promotion to the post of Technical Officer/Systems Analyst with effect from the dates on which they have become eligible with all rights of seniority, pay and increments etc.,2. The counsel for the petitioners submits that the first petitioner joined the respondent Corporation on 16-10-68 as Tradesman with Matriculation qualification and after obtaining permission from the respondent-Corporation, the petitioner studied B.Com, in the year 1975. The second petitioner has also passed B.A. even before joining the respondent Corporation and that in so far as the petitioners 3 and 4 are concerned, they have obtained the Degrees in B.Com. and B.A. respectively after obtaining permission from the respondent-Corporation. The petitioner No. 4, in due course, has also passed M. A. and LL.B.3. The respondent Corporation has brought into ef...


Apr 08 1996

Divisional Engineer (Operations), Apseb (Urban), Power House and ors. ...

Court: Andhra Pradesh

Decided on: Apr-08-1996

Reported in: 1996(3)ALT365

ORDERB.K. Somasekhara, J.1. The question that arises in this revision petition is whether a revision Under Section 115 of the Civil Procedure Code lies or maintainable when an application filed under Section 5 of the Limitation Act to condone the delay in filing the petition under Order 9, Rule 13 of the Civil Procedure Code (in short 'C.P.C.') is dismissed by the Court.2. The question is confronted to this Court for these factual concessions. The petitioners are the defendants in O.S.No. 312 of 1991 on the file of the Principal District Munsif, Nizamabad. The respondent filed the suit against the petitioners. It was decreed ex parte on 23-9-1993. The petitioners filed an application under Order 9, Rule 13 of C.P.C. to set aside the ex parte decree. I. A.No355 of 1994 is filed Under Section 5 of the Limitation Act to condone the delay of 179 days (according to the learned Principal District Munsif, Nizamabad) by giving certain reasons in the application. The learned Munsif dismissed th...


Apr 08 1996

K. Venkataswami and anr. Vs. Sakunthalamma and ors.

Court: Andhra Pradesh

Decided on: Apr-08-1996

Reported in: 1996(2)ALT869

B.K. Somasekhra, J.1. The judgment of the learned Additional Sub Judge, Chittoor in A.S. No. 172/86 dated 28-7-1987 is the subject matter of this Second Appeal. That was the appeal against the judgment and decree of the learned II-Additional District Munsif, Chittoor in O.S.No. 435/81 dated 23-4-1983. The appellants herein who were the plaintiffs (sic. defendants) in the suit consecutively failed to establish their case both in the trial Court and the first appellate Court. The reference to parties as plaintiffs and defendants would serve the convenience in the context. One Varadaiah and Krishnaiah were brothers and the members of Hindu Joint Family. Krishnaiah died in the year 1960 whereas Varadaiah predeceased him. Plaintiffs 1 and 2 are the daughters and plaintiff No. 3 is the wife and widow of late Krishnaiah. Defendants 1 to 3 are the sons of late Varadaiah. These are the admitted facts. The joint family of Varadaiah, and Krishnaiah had certain joint family properties. They were s...


Apr 05 1996

S. Jaganmohanreddy Vs. Prohibition and Excise Inspector, Tandur Statio ...

Court: Andhra Pradesh

Decided on: Apr-05-1996

Reported in: 1996(2)ALD462; 1996(2)ALT211; 1996(2)APLJ84; 1996CriLJ3597

ORDER1. This writ petition seeks release of Bajaj Chetak Scooter bearing No. A 11 C 753. According to the petitioner, he is the owner of the vehicle and he had given thesame to his friend Sri B. Subhodhreddy for attending a marriage. Subsequently, he came to know that Subodhreddy had been arrested for an offence under the Prohibition Act and the vehicle has been seized on 26-1-1996. He states that he made a request to the Prohibition and Excise Inspector to return the vehicle to him as he is the owner and he was not connected with the offence, but he was informed that it was not possible as there is no provision either under the Prohibition Act or in the Excise Act for interim custody of the vehicle pending confiscation proceedings. He, therefore, filed this writ petition on 14-3-1996 seeking the release of the vehicle. An Additional affidavit has now been filed stating that in response to a written application dated 18-3-1996, the Deputy Commissioner passed an order dated 23-3-1996 re...


Apr 05 1996

Secunderabad Club Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Apr-05-1996

Reported in: 1996(3)ALT873; (1997)ILLJ434AP

Y. Bhaskar Rao, J. 1. These writ appeals arise out of the common judgment of the single Judge passed in a batch of writ petition. The appellants herein field the writ petitions challenging various final notifications issued in exercise of power confirmed under Section 3(1) and 5(2) of the Minimum Wages Act, 1948 (for short 'the Act') by the Government of Andhra Pradesh revising the minimum rates of wages payable to various categories of employees in different establishments as specified in Part-I of the Schedule. 2. The main contentions that were raised by the appellants are : Section 5 of the Act is ultra vires the Constitution; an opportunity of bearing was not given to the employers before issuance of final notification under See. 5(2) of the Act, which is mandatory; constitution of the Advisory Board under Section 7 of the Act is not in consonance with the provisions of Section 9 of the Act and the Advisory Board failed to discharge its duties; the provisions of the Act cannot be e...


Apr 05 1996

Mosali Narayana Reddy and anr. Vs. Pothagani Bojjanna

Court: Andhra Pradesh

Decided on: Apr-05-1996

Reported in: 1996(2)ALT44

ORDERMotilal B. Naik, J.1. This Civil Revision Petition is directed against the order passed by the lower Court on unnumbered plaint on 20-09-1995.2. The petitioners are the plaintiffs, who presented the plaint, which is unnumbered, before the lower Court under Order 7, Rule 1 of the Code of Civil Procedure read with Section 26 of the Code of Civil Procedure seeking a decree and judgment restraining the defendant therein and his men in any way from interfering with the plaintiffs' peaceful possession and enjoyment of the plaint scheduled property, that is to say, the suit was filed seeking for a permanent injunction against the defendant. The petitioner estimated the value of the properties for the purpose of pecuniary jurisdiction at Rs. 74,000/- and presented the suit before the District Munsif Court, Piler. For the purpose of relief of injunction, the petitioners tentatively estimated the value of the relief at Rs. 2000- and paid a Court fee of Rs. 186/- as provided under Section 26...


Apr 05 1996

Babulal Yadav Bhoriwala and ors. Vs. the Assistant Commissioner of End ...

Court: Andhra Pradesh

Decided on: Apr-05-1996

Reported in: 1997(4)ALT344

N.Y. Hanumanthappa, J.1. This appeal is directed against the judgment and decree passed by the Chief Judge, City Civil Court, Hyderabad in O.S. No. 212 of 1982, dated 10-3-1986 filed Under Section 78 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966, where by the learned Chief Judge confirmed the order passed by the Deputy Commissioner of Endowments i.e., the 2nd respondent herein, in O.A. No. 68 of 1981, dated 3-2-1982, wherein he had refused to declare the suit temple (Santoshimatha and Durgamatha temple) as private temple.2. A few facts, which are necessary to dispose of this appeal, are as follows:-In this appeal, the rank of the parties is referred to as Plaintiff and Deputy Commissioner of Endowments.3. The plaintiff filed an application Under Section 71(1) (b) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, hereinafter referred to as Act No. 17 of 1966, before the Deputy Commissioner of Endowments to ...


Apr 05 1996

Quraan Society Rep. by Its President, Shah Mohd. Azizullakhan Vs. the ...

Court: Andhra Pradesh

Decided on: Apr-05-1996

Reported in: 1996(2)ALT653

ORDERP.S. Mishra, C.J.1. The Society purportedly formed for the purpose of advancement of the case of the Muslims in all respects has moved this Court under Article 226 of the Constitution of India, seeking inter alia, a Writ, order or direction in the nature of Mandamus, to restrain the respondents from holding the elections slated to be held on and from 27th April, 1996 for the Lok Sabha as well as six State Assemblies in the country and for a direction that elections be held only after 20th May, 1996.2. The present Lok Sabha, it is stated in the affidavit on behalf of the petitioner, is to reach its end by 19th June, 1996. Elections are proposed to be held however from 27th April, 1996 onwards in four stages. It is alleged the 1st respondent-Union of India as well as the Prime Minister of India suggested holding the elections in the last week of May and first week of June, 1996. The 2nd and 3rd respondents however i.e., the Election Commission of India and the Chief Election Commiss...


Apr 04 1996

Vakati Lavakishore and anr. Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Apr-04-1996

Reported in: 1996(2)ALD(Cri)305; 1996(2)ALT(Cri)257; 1997CriLJ285

V. Bhaskara Rao, J.1. This appeal arises from the judgment in S.C. No. 104/1993 on the file of Ist Additional Sessions Judge, Nellore, dated 15-3-1995, convicting both the appellants under S. 302 read with S. 34 of Indian Penal Code and sentencing them to imprisonment for life. 2. The facts giving rise to this appeal in brief are that appellant No. 2 (Vakati Penchaliah), is the father of appellant No. 1 (Vakati Lavakishore), P.W. 2 (Vakati Gopi Krishna) and the deceased (Vakati Madhusudhana Rao). P.W. 1 (Vakati Lakshmi Kamakshi) is the wife of the deceased. Some disputes arose between the deceased and his brothers as well as the father regarding partition of properties. That led to the filing of a partition suit OS. No. 33/1988 on the file of Subordinate Judge, Nellore by the deceased. The deceased took a house on rent in Karanala Street, Nellore town, and started living there along with his wife (P.W. 1) and he was running Madhu Fancy Shop. P.W. 2 was residing in the down stair portio...


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