Andhra Pradesh Court July 1996 Judgments
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indukuri Venkayya Vs. Dandu Kamala Kumari, W/O. Ramaraju and ors.
Court: Andhra Pradesh
Decided on: Jul-23-1996
Reported in: 1996(3)ALT490
ORDERK.B. Siddappa, J.1. This petition is filed against the order passed in IA No. 444/94 in O.S. No. 17/94 on the file of Subordinate Judge, Tadepalligudem. The suit was filed for partition of the suit scheduled properties by Indukuri Venkayya represented by G.P.A. holder Dandu Ramaraju. The defendants filed petition contending that the plaintiff is stuck with paralysis and he is not able to move from the bed. Further, the plaintiff is not in sound state of mind. In such state, the plaintiff could not have executed G.P.A. in favour of Dandu Ramaraju. They also contended that the will alleged to have been executed by the plaintiff is also a got up document because the plaintiff is unconscious and bed-ridden. To prove that the plaintiff is not in sound state of mind and he is bed-ridden, they wanted the plaintiff to be called to the Court. This was resisted by the G.P.A. holder stating that General Power of Attorney was executed in sound state of mind and that the plaintiff was able to ...
The Superintending Engineer, Apseb Vs. S. Veeraiah
Court: Andhra Pradesh
Decided on: Jul-23-1996
Reported in: 1996(3)ALT861
P.S. Mishra, C.J.1. Heard.2. Since the question - whether there is any violation of any of the principles of natural justice in fastening the liability to account for the loss/shortage of the property? - has been valid, we do not think it is necessary to go into any elaborate hearing of the matter beyond examining the above. Writ petitioner-respondent was working as Foreman Grade-II in the appellant's organisation, namely, Andhra Pradesh State Electricity Board. It transpired that on certain allegations writ petitioner-respondent was put under suspension and a three member Committee was appointed to take inventory of the stores, custody of which stores was with him. After the inventory was prepared, he was served with a memo, dated 14-7-1983, to show cause why shortage in the stores of the property worm Rs. 2,36,060-72 be not recovered from him. Writ petitioner-respondent represented against the said memo that he was required to be furnished with some documents, alleging that he was no...
Dhan Industries, Rep. by Its Proprietrix, Smt. Manjula Chowdary Vs. th ...
Court: Andhra Pradesh
Decided on: Jul-23-1996
Reported in: 1996(3)ALT992
S. Parvatha Rao, J.1. The petitioner questions the demand for payment of Rs. 47.338-25 Ps. accumulated on Account No. F4-16106 for the period upto 12/87 remaining uncleared. That demand was made in Letter No. AAO/GRC/ACCT.I/ D.No. 510/88 dated 15-6-1988 addressed to the petitioner by the 2nd respondent.2. The Proprietrix of the petitioner-concern states that she was doing business of manufacturing bread and that electrical energy was being supplied to her concern under Category -III under service connection bearing No.V6-27233. She states that Account No. F4-16106 had nothing to do with her service connection and that it related to a private limited company by name Preethi Nutrition Foods Pvt. Limited of which her father was a Director. She also states that according to her understanding that company was closed in the year 1987 itself. She states mat the respondents had no authority whatsoever to collect the dues of that company from her because her service connection was not in any wa...
R. Sunitha Vs. R. Suresh
Court: Andhra Pradesh
Decided on: Jul-22-1996
Reported in: I(1997)DMC123
V. Bhaskar Rao, J.1. This Civil Miscellaneous Appeal is directed against the Order dated 19.12.1994 in O.P. No. 58 of 1992 on the file of the learned III Additional Judge, City Civil Court, Secunderabad allowing the petition of the husband Under Section 9 of the Hindu Marriage Act granting a decree for restitution of conjugal rights against the wife.2. Few facts, which are necessary for disposal of the case, are that the marriage between the parties was solemnised on 11.6.1987 in Arya Samaj Mandir, Seethaphal mandi, Secunderabad as per Hindu rites and it was consummated on the same day. The parties belong to different communities, namely, the appellant belongs to Brahmin community, whereas the respondent belongs to Naidu community. After living for some time in a rented house near Housing Board Colony, Moula Ali, where both of them were happy for about 6 months, they shifted themselves to his parents house. In the interregnum, the appellant, who was already studying B.Com., 1st year, c...
Fidelity Finance Ltd. Vs. M. Chandrasekhar
Court: Andhra Pradesh
Decided on: Jul-22-1996
Reported in: 1996(3)ALT496
ORDERK.B. Siddappa, J.1. This Civil Revision Petition is filed against the order passed in LA. No. 1442/93 in O.S. No. 268/91 on the file of Additional Subordinate Judge, Chittoor.2. The said Interlocutory Application was filed by the plaintiff Under Section 136 C.P.C. for arrest of the respondents 1 to 3 and to direct them to furnish appropriate security for due performance of the decree.3. It was stated in the said petition that the suit was filed for recovery of Rs. 1,18,351/-. The respondents 1 to 3 are residing at Cuddapah and are residents or Madurai of Tamilnadu State. It was alleged that with a view to delay and defraud the debt due to the plaintiff, the respondents 1 to 3 are making hectic efforts to sell away the property. They are also trying to leave the local limits of the Court. It was the case of the petitioner that unless the respondents 1 to 3 are brought under arrest before the Court and directed to furnish security, their due appearance is not possible to realise the...
Kamalabai S. Naik and anr. Vs. Dhananjay S. Naik
Court: Andhra Pradesh
Decided on: Jul-19-1996
Reported in: 1996(2)ALD(Cri)292; 1996(3)ALT404; 1996CriLJ4499
S.R. Nayak, J.1. The respondents 2 and 3 in City Civil Court (C.C.C.A.) No. 40 of 1995 pending on the file of this Court are the petitioners 1 and 2 respectively in this contempt case. The petitioners complain that the sole respondent herein, namely, Dhananjay S. Naik, who is the appellant in C.C.C.A. No. 40 of 1995, is wilfully and wantonly disobeying the order of this Court dated 20th April, 1995 passed in C.M.P. No. 3536 of 1995 in C.C.C.A. No. 40 of 1995 and has been indulging in abuse of the process of law by filing frivolus legal proceedings in Courts with sole and deliberate intention to thwart implementation of the order of this Court. Therefore, the petitioners have prayed for punishing the respondent for his alleged wilful disobedience of the order of this Court dated 20th April, 1995 referred to above. This Court admitted the contempt Case on 15-2-1996 and ordered notice in Form No. X. On service of notice, the respondent has put in appearance through his counsel Smt. C. Jay...
B. Raju Vs. the Depot Manager, Apsrtc
Court: Andhra Pradesh
Decided on: Jul-19-1996
Reported in: 1996(3)ALT578; 1996(3)ALT578; [1997(75)FLR858]; (1997)ILLJ624AP; (1997)ILLJ624SC
ORDER1. At the stage of admission Smt. A. Vyjayanthi, learned Standing Counsel for APSRTC took notice on behalf of the respondent-authority. 2. Heard the learned Counsel for the parties on merits. 3. The petitioner is a driver in the respondent Corporation. A charge-sheet was issued to him on July 2, 1996 alleging that he was negligent in driving the bus bearing Registration NO. AAZ 6259 on Route No.230-D and on account of his negligence he hit a six year old girl resulting in her death. On the same day suspension order was also issued. In this writ petition the petitioner has called in question the validity of the charge-sheet as well as the suspension order. 4. The learned counsel would submit it that the allegations contained in the charge-sheet are untrue and he was not guilty of negligent driving. This submission of the learned counsel for the petitioner cannot be considered at this stage. It is settled position in law that the court while reviewing the charge-sheet cannot go in t...
Andhra Pradesh Industrial Infrastructure Corporation Limited Vs. State ...
Court: Andhra Pradesh
Decided on: Jul-19-1996
Reported in: [1997]107STC46(AP)
ORDERSyed Shah Mohammed Quadri, J.1. This tax revision case is filed by the assessee against the order of the Sales Tax Appellant Tribunal in T.A. No. 366 of 1984 dated April 29, 1988. Taxability of the following three items, is in dispute : 1. Water charges : Rs. 5,59,2712. Cost of ridges and covers : Rs. 66,219.793. Cost of tender schedules : Rs. 73,883.14These three item are held to the taxable by Tribunal. 2. In so far as the first two items are concerned, it is contended by Sri Srinivasa Reddy, the learned counsel for the petitioner, that supply of water and of ridges and covers, is in the nature of service and not in the nature of sales, therefore, it does not attract the liability to sales tax. 'Sale' is defined in section 2(n) of the Andhra Pradesh General Sales Tax Act, 1957 (for short 'the Act'). The definition of 'sale' in so far as it is relevant for our purpose may be extracted hereunder : '(n) 'sale' with all its grammatical variations and cognate expressions means every ...
Sri Sri Sri Jagannatha Swamy Varu Rep. by Executive Officer, H.R.C.E. ...
Court: Andhra Pradesh
Decided on: Jul-19-1996
Reported in: 1996(4)ALT873
ORDER1. From the letter addressed by the learned Subordinate Judge, we find that the amounts involved are very considerable, and that the interest amount lying in deposit in the Court itself is about Rs. 32,00,000/-. In the circumstances, we 15 modify our order dated 3-7-1995 in C.M. A. Nos. 562 and 818 of 1991 and Writ Petition No. 8460 of 1991 in so far as drawal of interest by the 1st respondent deity represented by its Executive Officer is concerned as follows: Instead of permitting the 1st; respondent to withdraw the interest on the amount invested in fixed deposits as directed earlier, we now direct that the 1st respondent represented by its Executive Officer shall be permitted to withdraw only Rs. 25,000/- P.M. from out of the interest amounts and balance interest amounts accrued till now and accruing hereafter shall be reinvested in fixed deposits preferably in advantageous recurring deposits, without any loss of interest and without losing time. This shall continue until the f...
T. Sridhar and ors. Vs. A.P. State Electricity Board Rep. by Its Membe ...
Court: Andhra Pradesh
Decided on: Jul-19-1996
Reported in: 1996(3)ALT683
G. Bikshapathy, J.1. The Writ Appeals are directed against the common orders of the learned single Judge dated 1-3-1995 in W.P. Nos. 10195/1991 and 2930/1992.2. The Appellants are the Writ Petitioners. The petitioners challenged the proceedings of the Board in B.P.Ms. No. 223, dated 3-8-1991 promoting the unofficial Respondents to the post of Assistant Executive Engineers (Civil) as illegal and violative of Articles 14 and 16 and for consequential direction to the Respondent Board to promote them as Assistant Executive Engineers by relaxing the requirement of service experience.3. The petitioners were initially appointed as Draftsmen in the Board service and their services were regularised. The contesting Respondents were appointed as Additional Assistant Engineers (Civil) in the Irrigation Department of Government of Andhra Pradesh and they were sent on deputation to the Board. The petitioners as well as the contesting Respondents were possessing the educational qualifications of Dipl...
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