Andhra Pradesh Court June 1996 Judgments
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Osmania University Rep. by Its Registrar Vs. Mohammed Rahmat Ali Humay ...
Court: Andhra Pradesh
Decided on: Jun-20-1996
Reported in: 1997(2)ALT159
ORDERLingaraja Rath, J.1. The defendant in the suit, Osmania University is the appellant against a confirming judgment decreeing the plaintiff-employee's suit for recovery of arrears. The respondent filed O.S. No. 2325 of 1974 in the IV Assistant Judge, City Civil Court at Hyderabad claiming relief of declaration of his date of birth being 9-12-1918 instead of 9-12-1914 as recorded in his Service Book and for mandatory injunction against retiring him on the basis of treating the earlier date as his date of birth. Though he lost the suit both in the trial Court and in the first appellate Court, yet he succeeded in this Court in S.A. No. 765 of 1976 with the Court decreeing the suit as prayed for. That judgment was delivered on 10-8-1978. Pursuant to the judgment a communication, Ex. A-8 was made by the University to the respondent showing him to have superannuated on 1-1-1979. The respondent was earlier treated as having retired on 1-1-1975 i.e. on the attaining of 60 years from 9-12-19...
P. Rukmangadha Chetty Vs. the Public Finance Corporation, Rep. by Its ...
Court: Andhra Pradesh
Decided on: Jun-20-1996
Reported in: 1996(4)ALT472
ORDERY.V. Narayana, J.1. This Civil Revision Petition is filed by the Defendant in S.C. No. 239 of 1988 on the file of the learned Prl. Subordinate Judge, Chittoor against the judgment and decree dated 8-9-1989 decreeing the suit filed by the respondent herein.2. The brief facts of the case are: The respondent-Finance Corporation filed the suit on the basis of a promissory note Ex.A-1 dated 9-12-1987 executed by the petitioner herein for a sum of Rs. 1,500/- agreeing to repay the same with interest at 18% p.a. Though in the body of the promissory note, the names of the petitioner and his son Hemadri were mentioned as borrowers, the suit promissory note was executed by the petitioner only. Hence the respondent filed the suit against the petitioner alone. In spite of repeated demands made by the respondent, the petitioner failed to repay the suit debt. The petitioner is not entitled to the benefits of Act 4 of 1938 and Act 45 of 1987.3. The petitioner filed a written statement denying in...
N. Sivarama Chandrasekhara Rao Vs. State of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Jun-19-1996
Reported in: AIR1996AP394; 1996(2)ALT1039
ORDER1. Petitioner seeks a writ of mandamus or any other appropriate order or direction to declare the proceedings of the second respondent -- the Commissioner of Collegiate Education, Government of An-dhra Pradesh, Hyderabad in Re. No.2715/ PCI-4/95, dated 5-7-1995 as illegal and void and further seeks any other appropriate order.2. Petitioner is the Secretary of Sri Trikoteswara Swamy Educational Society, Narasaraopeta which was registered under the Societies Act in the year 1984. The said society was started with the object of establishing educational institutions. On account of the efforts made by the members of the society, a degree college was established in Narasaraopet town known as Smt. Nanda-muri Basava Taraka Rama Rao Degree College in the month of December, 1984. Sri Trikoteswara Swamy Educational Society (for short the society') framed its own Articles of Association. As per the Articles of Association, the Governing Body consisting of seven members is to be elected to loo...
State of Andhra Pradesh Vs. Union of India
Court: Andhra Pradesh
Decided on: Jun-19-1996
Reported in: [1997]104STC1(AP)
Syed Shah Mohammed Quadri, J. 1. This tax revision case is filed under section 22(1) of the Andhra Pradesh General Sales Tax Act, 1957 (for short, the Act) by the State. 2. The respondent-Union of India, hereinafter referred to as 'M.E.S.', entered into a contract for construction of buildings with a building contractor. It appears, the terms of the contract provide that for the purpose of the construction, cement and steel will be supplied by M.E.S. to the contractor and the price thereof will be deducted from the amount payable to the contractor for the work done by him. For the assessment year 1985-86, the Commercial Tax Officer, assessing authority, called for the particulars of the supplies of goods made by M.E.S. to the contractor. The M.E.S., however, did not furnish the particulars, so the assessing authority estimated the net turnover at Rs. 12,50,00,000 and assessed it to sales tax. Aggrieved by the assessment orders passed by the assessing authority, M.E.S. filed an appeal b...
Assistant Director, Enforcement Directorate (Fera) Ministry of Finance ...
Court: Andhra Pradesh
Decided on: Jun-19-1996
Reported in: 1998(4)ALD540; 1998(2)ALD(Cri)272; 1998(2)ALT(Cri)552; [1999]96CompCas745(AP)
1. This appeal is directedby the complainant against the judgment dated 6-4-1993 acquitting the accused for the offence under Section 9(1)(b) and 9(1)(d) punishable under Section 56 of the Foreign Exchange Regulation Act, 1973 (for short 'the Act') in CC No. 173 of 1991 on the file of the Special Judge for Economic Offences, Hyderabad.2. The case of the prosecution is that the accused M.A. Wajid went to Kuwait in the year 1977 for employment and worked there as a salesman and returned back to India on 14-9-1986. The Enforcement Directorate on reliable information that the accused was indulging in receiving heavy payments from persons in India and making payments to persons in India on behalf of persons residing outside India without any general or special permission from the Reserve Bank of India, searched the premises of the accused at Muradnagar on 17-8-1987 in pursuance of the search warrant issued by the Assistant Director, Enforcement Directorate, Madras, under Section 37 of the A...
New India Assurance Company Ltd., Rep. by Its Branch Manager and anr. ...
Court: Andhra Pradesh
Decided on: Jun-19-1996
Reported in: I(1997)ACC575; 1996(4)ALT449
K.B. Siddappa, J.1. This Insurance Appeal is filed against the decretal order passed in O.P.No. 287of l987on the file of the Motor Accidents Claims Tribunal-Cum-Additional District Judge, Vizianagaram. The brief facts of the case are as follows: Respondent No. 1 is the wife and Respondent Nos. 2 to 5 are the children of one P.V. Satyanarayana and R-l. At the time of the accident P.V. Satyanarayana was working as Assistant Director in Animal Husbandry Department at Vizianagaram. On the date of the accident i.e, on 11-5-1987, he had gone to Gantyada for inspection of the Live-stock Supervisory Unit. After the said inspection, he reached Budatha napallu Rural Live-Stock Unit and after the said visit he was coming back on his Scooter. When he reached Fly-over Bridge at Vizianagaram the lorry bearing registration No. ABV-3447 driven by respondent No. 1, in the O.P., came in the opposite direction in a rash and negligent manner and dashed against the scooter of the deceased. The deceased suf...
Regional Manager, Apsrtc and anr. Vs. K. Ramacharyulu and ors.
Court: Andhra Pradesh
Decided on: Jun-19-1996
Reported in: 1996(4)ALT874
Y. Bhaskar Rao, J.1. This Writ appeal is filed assailing the Judgment of the learned Single Judge allowing the writ petition.2. The facts of the case are that the A.P. State Road Transport Corporation decided to recruit 400 Conductors for the Divisions of Chittoor and Tirupathi. Notification No. P1/331(4), 91-DVM (CTR) was sent to the Employment Exchange for sponsoring the candidates. In pursuance of the same, the candidates were sponsored and interviews were held between 27-3-1992 and 2-4-1992. The selection list appointing 382 candidates was published on 2-4-1992. In the proceedings dated 2-4-1992 approving the selection list, it was stated that the panel was valid upto 1-10-1993. However, 255 candidates from among the empanelled 382 candidates were appointed as Conductors. But no appointments were issued to any of the remaining candidates empanelled. Therefore, the petitioners challenged the action of the Corporation in not appointing them as Conductors though they were selected and...
Late R. Satya Bai and anr. Vs. Rachakonda Venkat Rao and ors.
Court: Andhra Pradesh
Decided on: Jun-19-1996
Reported in: 1996(3)ALT570
ORDERRamesh Madhav Bapat, J.1. One late R. Satya Bai, wife of Rachakonda Ramgopal Rao, filed O.S. No. 4 of 1975 in the Court of the District Judge, Adilabad. The suit was filed for partition and separate possession against 13 defendants. During the pendency of the suit, there was a compromise between the plaintiffs and the defendants and a preliminary decree for partition in terms of compromise came to be passed on 13-7-1978 and the property as described in Schedule-I was allotted in the shares of the plaintiffs. Three items were kept jointly. Thereafter, the original plaintiff No. 1 i.e., (late) Satya Bai died. Her legal representative filed I.A. No.1268/91 for appointment of Court Commissioner for dividing the property by metes and bounds and putting the second plaintiff in possession of her share.2. On presentation the application for final decree, notice was issued to all the defendants. The claim of the second plaintiff was resisted by the 1st defendant alone. The first defendant-...
The Divisional Manager, United India Insurance Co. Ltd. Vs. Smt. T. An ...
Court: Andhra Pradesh
Decided on: Jun-19-1996
Reported in: 1996(2)ALT925
Neelam Sanjiva Reddy, J.1. Second respondent-insurer in O.P.No. 366/88 on the file of the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Kurnool, preferred this appeal against the award passed therein granting a total compensation of Rs. 127,700/- to the claimants in the O.P. Owner of the vehicle involved in the accident has also filed cross-objections in the matter questioning the quantum of compensation awarded.2. Facts necessary for disposal of this appeal and cross-objections briefly stated are these:T. Veeresh, aged about 25 years and running a mechanical workshop and also manufacturing some machine parts, who was travelling in the bus AAQ 6749 died on 13-6-88 in a motor vehicle accident caused due to rash and negligent driving of the bus by its driver. The parents, wife and minor daughter of the deceased filed the above O.P. claiming a total compensation Rs. 2,00,000/- from the owner and insurer of the bus involved in the accident Owner filed counter putting th...
New India Assurance Co. Ltd. and anr. Vs. Pedada Prabhavathi and ors.
Court: Andhra Pradesh
Decided on: Jun-19-1996
Reported in: 1998ACJ615
K.B. Siddappa, J.1. This insurance appeal is filed against the decretal order passed in O.P. No. 287 of 1987 on the file of the Motor Accidents Claims Tribunal- cum-Additional District Judge, Vizia-nagararm. The brief facts of the case are as follows: respondent No. 1 is the wife and respondent Nos. 2 to 5 are the children of one P.V. Satyanarayana. At the time of the accident P.V. Satyanarayana was working as Assistant Directorin Animal Husban- dry Department at Vizianagaram. On the date of the accident, i.e., 11.5.1987, he had gone to Gantyada for inspection of the Live-Stock Supervisory Unit. After the said inspection, he reached Budathana- pallu Rural Live-Stock Unit and after the said visit he was coming back on his scooter. When he reached Fly-over Bridge at Vizianagaram the lorry bearing registration No. ABV 3447 driven by respon- dent No. 1, in the O.P., came from the opposite direction in a rash and negligent manner and dashed against the scooter of the deceased. Deceased suff...
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