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Andhra Pradesh Court April 1996 Judgments

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Apr 02 1996

Chepana Peda Appalaswamy Vs. Chepana Appalanaidu and ors.

Court: Andhra Pradesh

Decided on: Apr-02-1996

Reported in: 1996(2)ALT389

ORDERC.V.N. Sastri, J.1. This Revision is directed against an order dismissing an application for the amendment of the plaint filed at the appeal stage.2. The petitioner filed O.S.No. 157 of 1986 on the file of the Court of the Principal District Munsif, Bobbili against the respondents herein for a permanent injunction restraining the repondents/defendants from interfring with his possession and enjoyment of the plaint schedule land. The plaintiff based his claim on a 'D' form patta alleged to have been granted in his favour by the Government. The respondents/defendants resisted the suit inter alia on the ground that the suit land is a zeroyathi patta land which is being enjoyed by the defendants along with the plaintiff in equal shares and that the plaintiff has no exclusive possession over the suit land. After framing the appropriate issues, the Trial Court dismissed the suit on the ground that the plaintiff cannot maintain a suit for a bare injunction without a prayer for declaratio...


Apr 02 1996

Daggubati Chenchuramaiah Memorial Degree College, Rep. by Its Secretar ...

Court: Andhra Pradesh

Decided on: Apr-02-1996

Reported in: 1996(2)ALT65

ORDERMotilal B. Naik, J.1. The petitioner College seeks a Mandamus declaring the provisions contemplated under Section 3 (1) (b) of A.P. Act 22 of 1988 and void and consequently direct the respondents to consider the case of the petitioner-College for grant of grant-in-aid scheme.2. It is the case of the petitioner-College that in the year 1984 the Pranteeya Vidya Vygnanikabhivrudhi Sangham, Inkolu, Prakasam District, established a Degree College at Inkolu in the name and style of Daggubati Chenchuramaiah Memorial Degree College. It is stated that establishing the Degree College at Inkolu was agreed to by the 1st respondent in the year 1984-85 itself. On 22-4-1985, as per the direction of the 1st respondent, the petitioner-College deposited an amount of Rs. 50,000/- towards advance corpus fund. On 22-7-1984 the College seems to have acquired nearly Ac.24-70 Cents of land for the purpose of establishing the College at Inkolu.3. While so, by G.O.Ms. No. 340, Education (CE) Department, da...


Apr 01 1996

Chief Manager, Andhra Bank and anr. Vs. Sudha Nagaraj K.

Court: Andhra Pradesh

Decided on: Apr-01-1996

Reported in: 1996(2)ALT599; (1998)IIILLJ947AP

P.S. Mishra, C.J. 1. Heard learned counsel for the appellants. Writ petitioner-respondent sent a letter of resignation on January 19, 1990 stating inter alia as follows:'I, the undersigned, working in the Bank since March 29, 1979, presently working in Gaganmahal Road Branch, wish to tender my resignation due to domestic reasons. Kindly accept my resignation and relieve me as early as possible.' 2. She followed the above writing another letter dated February 19, 1990 and yet another letter dated February 27, 1990 in which she stated inter alia:'I had tendered my resignation on January 19, 1990, wherein I had given a notice of one month. However, I had to proceed to Warangal on February 12, 1990. As such, I could not put in continuous service of 30 days, during the notice period, in accordance with the rules in force. Later, I could only attend for a few days. As I do not intend to continue further in the bank, I request you to adjust all my dues and send my terminal benefits or dues, i...


Apr 01 1996

Sri V.V.S. Straw Boards Pvt. Ltd. Vs. the Commissioner of Commercial T ...

Court: Andhra Pradesh

Decided on: Apr-01-1996

Reported in: 1996(3)ALT360

ORDERSyed Shah Mohammed Quadri, J. 1. In these Special Appeals the question of law that arises for consideration is, whether the appellant-assessee is entitled to the benefit of G.O.Ms.No. 573 Revenue (S) Department, dated 9-6-1987.2. These cases relate to the same assessee. Special Appeal No. 14/94 relates to the assessment year 1988-89; Special Appeal No. 15/94 relates to the assessment year 1990-91 and Special Appeal No. 16/94 relates to the assessment year 1987-88; Special Appeal No. 30/95 relates to the assessment year, 1989-90.3. We shall now refer to the facts in one of the appeals, Special Appeal No. 14/94, as the facts in the other Special Appeals are similar.4. The appellant is a dealer registered under the A.P. General Sales Tax Act. It is a unit engaged in the manufacture of straw boards with paddy straw as a raw material. Item 143 of the First Schedule before its deletion from the First Schedule read with Section 5(2) of the A.P. General Sales Tax Act (for short 'the Act')...


Apr 01 1996

Kanchipati Ramunaidu Vs. Sri Srinivas Cloth Emporium, Registered Firm ...

Court: Andhra Pradesh

Decided on: Apr-01-1996

Reported in: 1996(3)ALT950

C.V.N. Sastri, J. 1. This revision by the defendant in a small cause suit is directed against the decree granted by the lower Court against him. The respondent filed the small cause suit out of which this revision arises for recovery of a sum of Rs. 2,242-80, being the principal and interest due on katha from the defendant. According to the plaintiff, the defendant opened a Katha account with the plaintiff-firm and purchased cloth on credit from time to time. By 23-6-1986 a sum of Rs. 1,752-40 was found due to the plaintiff as per the Katha account after giving credit to the sum of Rs. 1,000/- paid by the defendant on the said date. As the defendant failed to repay the amount due in spite of lawyer's notice dated 18-3-1987 got issued by the plaintiff to the defendant, the plaintiff laid the suit on 29-9-1988 for recovery of the amount due. In the written statement filed by him, the defendant, while admitting the katha dealings, however, disputed the alleged part-payment of Rs. 1,000/-a...


Apr 01 1996

Vemuri Ramakanta Sarma, Lecturer, A.V.S. Junior College Vs. Adarsha Vi ...

Court: Andhra Pradesh

Decided on: Apr-01-1996

Reported in: 1996(2)ALT47

ORDERC.V.N. Sastri, J.1. In this writ petition, the petitioner questions the legality and validity of the order dated 5-6-1987 reducing him to the rank of Junior Lecturer from the post of Principal in the 3rd respondent junior college, which was confirmed by the State Government by its order dated 30-1-89. The facts leading to the writ petition may be stated briefly.2. The petitioner was appointed as Principal of A.V.S. Jr. College, Pulletikurru, East Godavari District which is a private institution recognised and aided by the State Government, in the year 1974. In the year 1983, the petitioner was issued with a show cause notice by the Management of the college alleging certain irregularities and calling for his explanation. After he submitted his explanation to the show cause notice, a retired Subordinate Judge was appointed as Enquiry Officer to conduct an enquiry into the allegations against the petitioner.3. The petitioner was placed under suspension by an order dated 11-11-1983 p...


Apr 01 1996

M.A. Kalam Vs. the Registrar (Management) High Court of A.P. and anr.

Court: Andhra Pradesh

Decided on: Apr-01-1996

Reported in: 1996(2)ALT966

ORDERG. Bikshapathy, J.1. In this Writ Petition the orders of the 2nd respondent dated 16-3-1995 removing the petitioner from service as confirmed by the 1st respondent in proceedings dated 6-10-1995 are assailed.2. The facts are in short compass:The petitioner was appointed as Attender in the year 1987. During the year 1984.he was working in the Court of the Subordinate Judge, Sangareddy. On a complaint sent by the Subordinate Judge, the District Judge, Medak at Sangareddy initiated the disciplinary proceedings against the petitioner. He appointed Sri. K.L. Narasimha Rao, Sub-Judge, Siddipet to conduct an enquiry. Accordingly, the Enquiry Officer framed the following charges:'First Charge' That while you were on duty at the residential quarter of sub-Judge, Sangareedy on 10-9-94, your friend had come to you along with a girl and asked you to allow him to stay in the residential quarter of the officer for unlawful activities and accordingly you allowed them, and your friend enjoyed wit...


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