Andhra Pradesh Court July 1996 Judgments
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Mohd. Azem Vs. Smt. Gusta Bai and ors.
Court: Andhra Pradesh
Decided on: Jul-26-1996
Reported in: 1996(3)ALT1040
ORDERP. Venkatarama, J.1. The petitioner is a tenant, who suffered an order of eviction in R.C.No. 213 of 1987 and R.C.No. 643 of 1989. The petitioner failed in the appeals as well as in the revisions before this Court. The revision petitions filed by the petitioner Under Section 22 of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act were dismissed by my learned brother A.S. Bhate, J. on 29-2-1996 by a common judgment. While disposing of the revisions, there was no order granting time to the tenant for vacating the premises. It appears that on the next day i.e. on 1-3-1996, an oral request was made by the learned counsel for the petitioner seeking directions for grant of reasonable time to vacate the premises. Accordingly the C.M.Ps. were posted 'for being mentioned' on 4-3-1996 i.e. the next working day. On 4-3-1996 the following order was passed by the learned Judge:-'Heard the learned Advocate for the petitioner and the respondent It is reported by the respondent that...
Varadachary and Co. Chartered Accountants, Hyderabad Vs. Institute of ...
Court: Andhra Pradesh
Decided on: Jul-25-1996
Reported in: 1999(3)ALD513; 1999(3)ALT516
ORDER1. This Writ Petition was filed by the founder and Managing Partner of M/s Varadachary and Co., a partnership firm of Chartered Accountants seeking a direction to the 1st respondent i.e., Institute of Chartered Accountants of India, to take appropriate action against the R2 to R6 who are formerly the members of the partnership firm for professional misconduct under Section 21 and 22 of the Chartered Accountants Act. 1949 (hereinafter referred as 'the Act') by contending that he filed a complaint before the 1st respondent to that effect on 1-7-1996.2. The undisputed facts of this case are that this Chartered Accountants company was initially started as a proprietary concern by the petitioner herein in 1974 and subsequently the same constituted as a partnership firm on 1-7-1997. The R2 to R5 and some others including the son of the petitioner were admitted as members of the partnership firm from time to time and as on today there are altogether seven partners in the above firm and t...
Telugu Solipuram Narasimha Vs. Legisetty Ramaseethamma
Court: Andhra Pradesh
Decided on: Jul-25-1996
Reported in: 1996(3)ALT550
ORDERK.B. Siddappa, J.1. This revision is filed against the order passed on a check slip No. 19/93 in O.S.No. 34/92.2. The plaintiff had filed the suit for specific performance of the agreement of sale in respect of land bearing S.No. 756 to an extent of Acs. 3-24 guntas situated with in the limits of Pentlavelli village of Kollapur Mandal. The plaintiff had also filed the original of agreement of sale dated 20-4-1991 along with the plaint. After filing the suit the plaintiff filed a petition to send the document to Revenue Divisional officer, Gadwal for imposition of duty and penalty. The Revenue Divisional officer, Gadwal treated the document as an agreement and collected the stamp duty and penalty. The court-fee examiner during inspection after going through the document found some deficiency in collection of stamp duty and penalty. He pointed out in the check slip that the agreement of sale is followed by delivery of possession. Therefore/ as per the amended Act 17/1986 the agreeme...
Thota Venkata Narasamma Vs. S.V.M. Srinivasan
Court: Andhra Pradesh
Decided on: Jul-25-1996
Reported in: 1996(3)ALT605
K.B. Siddappa, J.1. This Revision is filed against the order passed in O.S.No. 382/89 on the file of Principal Subordinate Judge, Vijayawada.2. The suit was filed on the basis of equitable mortgage by deposit of title deeds to realise the pronote amount. The said pronote was executed on 30-5-1983, for an amount of Rs. 50,000/-; towards security the defendant deposited the original title deeds of her property and thereby created equitable mortgage in favour of the plaintiff. The defendant also executed a memorandum of title deeds on 2-6-1983. During the trial when this memorandum was sought to be marked, objection was raised on behalf of the defendant that this memorandum is a transaction of mortgage under which the title deeds were deposited towards the debt amount. Therefore it is compulsorily registrable Under Section 17 of the Registration Act.3. The learned Judge after considering both the sides and also the authorities cited before him came to the conclusion that it does not requi...
J. Prabhudas and anr. Vs. A.S. Nagabhushanam and anr.
Court: Andhra Pradesh
Decided on: Jul-24-1996
Reported in: 1996(2)ALD(Cri)764; I(1997)DMC181
B. Subhashan Reddy, J.1. This C.M.A. arises against the order of the Court-below in restoring the custody of two children 012., Padma Sivkiran and Miss Shiv Mallika @ Sarita Mallika, who are son and daughter of the respondent herein. The respondent had married Swaroopa Kumari @ Lalitha Bai and begot three children viz.. Master Padma Shivkiran (son). Miss Mallika @ Sarita Mallika (daughter) and Miss Sumalatha (daughter). While the son is aged 17 years 2 months as on this day his date of birth being 1.5.978; the first daughter Miss Shiv Mallika is aged 13 years and the second daughter Miss Sumalatha is aged 11 years. The custody of Master Padma Shivkiran and Miss Shiv Mallika had been with the maternal grand-father, who stays alongwith his sons in a joint family. The respondent's wife died on 21.2.1990 because of the stomach cancer. There was lot of strain in their relationship.2. According to the parents-in-law of the respondent, their daughter was not looked after and cared well by the...
Mohammed Shaheryar Khan Vs. Mrs. Humaira Khan
Court: Andhra Pradesh
Decided on: Jul-24-1996
Reported in: 1996(4)ALT133
S. Parvatha Rao, J.1. These two appeals are preferred under Section 47 of the Guardians and Wards Act, 1890 ('the Act' for short) questioning the order dated 14-6-1995 of the Family Court at Hyderabad in O.P.No. 35 of 1995, which was so numbered on 3-6-1995 after O.P.No. 1021 of 1994 on the file of the Additional Chief Judge, City Civil Court, Hyderabad, was transferred to that Court after it was established on 4-3-1995. C.M.A.Nos. 793 and 886 of 1995 are preferred by the respondent and the petitioner in the Q.P. respectively against that order. They are heard together and they are being disposed of by this common judgment.2. This is a case where the mother and father contest for the guardianship of the person of their children and illustrates the psychological trauma experienced by the children in the process at their very impressionable age. Humaira Khan is the mother and petitioner in the O.P. Mohammed Shaheryar Khan is the father and respondent in the O.P. They will be referred to ...
S. Pushpa Raj, Tyre Mechanic Vs. Depot Manager, Apsrtc and ors.
Court: Andhra Pradesh
Decided on: Jul-24-1996
Reported in: 1996(3)ALT455
ORDERS.R. Nayak, J.1. The petitioner has assailed the validity of the Appellate Order dated 31-12-1987 passed by the Divisional Manager, Nizamabad affirming the order of the Depot Manager, APSRTC, Armoor dated 4-7-1987 reverting the petitioner from the post of Tyre Mechanic to the post of Cleaner as a measure of punishment for an alleged misconduct.2. The petitioner, while working as Tyre Mechanic, was charge-sheeted for an alleged misconduct, a 'misconduct' as defined in Clause (ix)(a) of Regulation 28 of the APSRTC Employees' Conduct Regulations, 1963. The petitioner submitted his explanation. Not being satisfied with the explanation, the domestic enquiry was conducted against the petitioner. The Disciplinary Authority passed the order on 4-7-1987 reverting him to the post of cleaner as a measure of punishment. From the records, it seems that at that stage the petitioner without exhausting the alternate appellate remedy under the Regulations, approached this Court by filing Writ Peti...
J. Prabhudas Vs. A.S. Nagabhushanam
Court: Andhra Pradesh
Decided on: Jul-24-1996
Reported in: 1996(3)ALT970
ORDERB. Subhashan Reddy, J.1. This C.M.A. arises against the order of the Court-below in restoring the custody of two children viz., Padma Sivkiran and Miss. Shiv Mallika @ Sarita Mallika, who are son and daughter of the respondent herein. The respondent had married Swaroopa Kumari alias Lalitha Bai and begot three children viz., Master Padma Shivkiran (son), Miss Shiv Mallika alias Sarita Mallika (daughter) and Miss Sumalatha (daughter). While the son is aged 17 years 2 months as on this day his date of birth being 1-5-1978; the first daughter Miss Shiv Mallika is aged 13 years and the second daughter Miss Sumalatha is aged 11 years. The custody of Master Padma Shivkiran and Miss Shiv Mallika had been with the maternal grand father, who stays along with his sons in a joint family. The respondent's wife died on 21-2-1990 because of the stomach cancer. There was lot of strain in their relationship.2. According to the parents-in-law of the respondent, their daughter was not looked after ...
M/S. Mulji Mehta and Sons and Others Vs. C. Mohan Krishna
Court: Andhra Pradesh
Decided on: Jul-23-1996
Reported in: AIR1997AP153; 1996(3)ALT543
ORDER1. This revision petition is filed by the defendants against the order passed in O.S. No. 182 of 1985 on the file of the Principal Subordinate Judge, Rangareddy District at Saroornagar.2. The plaintiff had filed the suit to recover an amount of Rs. 2,10,000/- on the foot of eight promissory notes each of the value of Rs. 25,000/-. They were executed by the defendants in favour of M/s. Sugeshan Finance Investment as holders-in-due-course. The defendants contested the suit. They also filed written statements. They disputed the assignment of the pronotes in favour of the plaintiff by M/s. Sugeshan Finance Investment. Issues were framed and trial commenced on 28-11-1994 on which date, PW 1 was examined. The eight pronotes were marked as Exts. A-1 to A-8. When the endorsement on the reverse of the said pro-notes were sought to be marked, the defencecounsel raised objections that the endorsements are not transfers, they are assignments of pronotes and, therefore, the plaintiff has to pa...
R.B. Babiammal and anr. Vs. W.S. Savithri and ors.
Court: Andhra Pradesh
Decided on: Jul-23-1996
Reported in: 1997(2)ALT55
ORDERRamesh Madhav Bapat, J.1. The petitioners herein were the respondents 1 and 2 in R.C.C. No. 7 of 1986 filed by the respondents herein in the Court of the Principal District Munsifcum-Rent Controller, Tirupathi. The petitioners therein had filed eviction petition against the respondents therein for recovery of the petition schedule premises under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 mainly on two grounds. The first ground agitated by the petitioners therein that the respondents made the change of user of the petition schedule premises from residential to non-residential in breach of the lease agreement. The second point was raised by the petitioners therein that the respondents therein committed default in payment of rent.2. On presentation of Rent Control Case before the Rent Controller, the respondents therein were served with the notices. On their appearance they filed their counter and contended that the Rent Control Case in the present foru...
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