Andhra Pradesh Court August 1996 Judgments

Boya Chinnakkagari Beessamma and ors. Vs. Chinnakkagari Thimmakka and ...

Court: Andhra Pradesh

Reported in: 1996(4)ALT244

ORDERKrishna Saran Shrivastav, J.1. This order shall also dispose of the CRP No. 3644/1989 because this revision also arises out of the common impugned order.2. Facts first: Late Pullanna and late Bazari were brothers and late Sanjamma, the judgment debtor No. 6 was their elder sister. The respondents are the legal representatives of the deceased Pullanna while the petitioners-judgment debtors are the legal heirs of the deceased Bazari. The respondents filed O.S. No. 54/78 for partition and separate possession of the suit property, claiming half share in the same against the petitioners and the deceased Sanjamma, alleging that the other half share belongs to the heirs of the deceased Bazari, that is to say the petitioners. The trial Court on 10-11-1980 passed a preliminary decree in respect of the plaint schedule property, except Item No. 5. The preliminary decree reads as under:'1. That the plaintiffs be entitled for partition and separate possession of their half share in the plaint ...

L.C. Obulesu, Asst. Professor, Forensic Medicine, Govt. General Hospit ...

Court: Andhra Pradesh

Reported in: 1996(4)ALT281

C.V.N. Sastri, J.1. Dr. L..C. Obulesu, who is an M.D. in Forensic Medicine and working as Assistant Professor in the Government General Hospital at Kurnool, has filed this writ petition questioning the legality and validity of the order dated 4-5-1995 passed by the Andhra Pradesh Medical Council, first respondent herein, directing removal of the name of the petitioner from the Medical Register for a period of three months from the date of serving notice by the Registrarin this behalf under Section 17(2)read with Section 15(4)of the Andhra Pradesh Medical Practitioners Registration (Amendment) Act, 1986 (hereinafter referred to as 'the Act'). The facts leading to the writ petition may be stated briefly:On 26-10-1993 one Amrutharaj was murdered in Cuddapah town in a stabbing incident and a crime was registered by the police in that behalf and inquest was held on 27-10-1993 at the Government Head-Quarters Hospital, Cuddapah, in the presence of mediators. In the inquest report four injurie...

M. Munaswami Naidu and anr. Vs. Smt. K. Nagamani

Court: Andhra Pradesh

Reported in: 1996(3)ALT1049

ORDERMotilal B. Naik , J.1. Order made in I.A.No. 216 of 1996 in O.S. No. 459 of 1987 on 28-6-1996 by the Munsif Magistrate, kala, Chittoor District is the subject matter of challenge in this revision.2. Respondent instituted a suit for injunction in O.S. No. 459 of 1987 in the Court of the Munsif Magistrate, Pakala, Chittoor District. Petitioners are the defendants in the said suit. The respondent being the plaintiff in the said suit filed an application under Order 16 Rule 2 (sic.1(2)) of CPC to summon the Advocate-Commissioner appointed in I.A.No. 495 of 1986 which was instituted by the respondents in O.S. No. 292 of 1986 on the file of the Munsif Magistrate, Piler. The respondent averred in the affidavit filed in support of the petition that in the earlier suit O.S. No. 292/86 in the Court of the Munsif Magistrate, Piler, an Advocate-Commissioner by name Sudhakar Reddy was appointed for noting down the physical features of the suit property and as such the respondent desired to exa...

Chinthala Singaiah Vs. Boppudu Lakshmamma

Court: Andhra Pradesh

Reported in: 1997(4)ALT18

Krishna Saran Srivastav, J.1. This is defendant's revision against the order passed by the Subordinate Judge, Addanki, in IA No. 460/1990 in AS No. 18/1987, whereby the application of the petitioner-defendant for amendment of the written statement has been rejected.2. The respondent-plaintiff obtained a money decree against the petitioner-defendant. Being aggrieved by the said judgment and decree, the petitioner-defendant preferred appeal bearing No. AS 18/1987. On 8-10-1990, the petitioner-defendant filed an application for amendment of the written statement under Order 6, Rule 17 of the Code of Civil Procedure, stating that the plaintiff is not a small farmer as per the provisions of the Act 7 of 1977 and the Act 45 of 1987, that this defendant is a small farmer and cultivator and has no other source of income except agricultural income and that as such the suit debt, even if proved to be true, is not valid and binding and hence the suit debt is abated as per the provisions of the af...

Punyamanthula Satyanarayana Vs. Punyamanthula Lakshmanaswamy and ors.

Court: Andhra Pradesh

Reported in: 1996(4)ALT49

S. Parvatha Rao, J.1. The unsuccessful plaintiff has preferred this appeal questioning the judgment and decree dated 30-6-1982 of the learned II Additional Subordinate Judge at Kakinada dismissing O.S.No. 252 of 1978. The said suit was originally instituted on 12-6-1978 in O.P.No. 165 of 1978 seeking leave to sue as an indigent person. The O.P. was allowed on 8-11-1978 and the suit was numbered on 18-11-1978. Therefore, for limitation purposes the suit must be treated as laid on 12-6-1978 by the appellant herein.2. The main reliefs sought in the suit are;(a) to grant possession of plaint 'A to C schedule properties of the plaintiff and the second defendant after ejecting therefrom defendants 3 to 7;(b) to grant relief of accounting by defendants 3 to 7 to the plaintiff and the second defendant in respect of plaint' A to C schedule properties from 11-11-1963 till date of delivery of possession of the said properties to the plaintiff and the second defendant.The second defendant is the y...

Justice S. Obul Reddi Vs. Chairman, Central Board of Direct Taxes and ...

Court: Andhra Pradesh

Reported in: 1996(4)ALT64

ORDERSyed Shah Mohammed Quadri, J.1. The petitioner seeks a writ of mandamus to declare that the provisions of Section 22-D of the High Court Judges (Conditions of Service) Act, 1954 (Act 28 of 1954), for short 'the Act' are applicable to the case of the petitioner and that the House Rent Allowance @ Rs. 2,500/- per month paid by the Government of India to him as the Chairman of the National Industrial Tribunal (for short 'NIT'), is not liable to be taxed under the Income-tax Act, 1961.2. The petitioner is a retired Chief Justice of the High Court of Andhra Pradesh. After his retirement, he was appointed as the Chairman of the National Industrial Tribunal by the Government of India in their resolution No. P.10(21)87/RRB dated November 26,1987, which was also published in the Gazette on the same day. The terms and conditions of his appointment as the Chairman of NIT are incorporated in the letter of the Ministry of Finance, Government of India, dated December 30, 1987. By the terms of a...

A. Veerabrahmachari Vs. B. Venkateswara Rao, Advocate

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. Dissatisfied by the order of the District Forum, Guntur in OP 291 / 95 whereby it directed the opposite party a practising Advocate to pay to the complainant a sum of Rs. 130/- being the amount due and payable to the complainant and a further sum of Rs. 250/- by way of compensation, this appeal is preferred by the complainant. 2. The case of the complainant was that after his retirement from service he gave Vakalat and a sum of Rs. 130/- to the opposite party for filing a case before the Labour Court. But the opposite party did not file the case till the date of the complaint on some pretext or other. Hence the complaint was filed for refund of Rs. 130/- and for compensation of Rs. 250/- and expenses and for mental agony in all a sum of Rs.8130/-. 3. The opposite party contested theclaimon the ground that the complaint is not maintainable as there is no deficiency of service on the part of the opposite party, but admitted that the complainant had ent...

Balram Argidda Vs. A. Chandramma and anr.

Court: Andhra Pradesh

Reported in: 1997(2)ALD802; 1997(1)ALD(Cri)177; 1997CriLJ1305; I(1997)DMC23

ORDER1. This revision is filed under Ss. 397 and 401 of Cr.P.C. against the orders dt. 3-1-1994 In Cri. M.P. No. 1516 of 1993 in M.C. No. 6 of 1993 on the file of the Judl. Magistrate of First Class, Narayanpet. 2. The facts in giving rise to the filing of this revision are, briefly, as follows :- The respondent herein Smt. A. Chandramma, filed a maintenance case against her husband, the petitioner herein claiming maintenance before the Judl. Magistrate of First Class, Narayanpet. The petitioner filed Crl. M.P. No. 1516 of 1993 requesting to grant interim maintenance pending disposal of the main M.C. 6 of 1993 at the rate of Rs. 250/-. It is mentioned in the petition that the averments of the main petition may be considered in this petition also, and the said petition was filed by the counsel for the petitioner. 3. The petitioner herein filed a counter stating that the petitioner did not even file any affidavit in support of her petition and also did not sign the petition and requested...

G. Picheswara Rao Vs. Sub Inspector of Police and ors.

Court: Andhra Pradesh

Reported in: 1996(4)ALD228; 1996(2)ALD(Cri)606; 1996(4)ALT1049; 1997CriLJ1145

P.S. Mishra, C.J. 1. The instant proceeding has been started treating the telegram by G. Picheswara Rao to the Chief Justice as a petition under Article 226 of the Constitution of India and taken up by the Legal Services Authority. Telegram contained the following information : 'Respected Lordship I would like to bring to your kind notice that the Nuzvid Rural Police Sub-Inspector high handedly taken away my father, sister-in-law on 1-8-96, 8 a.m. The police did not bring any Mahila Constable (.) The Sub-Inspector high-handedly caught hold my sister-in-law and abused her in filthy language (.) The police interfered in civil matter (.) He wrongfully detained our people in Nuzvid Rural Police Station (.) The Sub-Inspector openly declaring that he will foist a false case against them (.) Soon after the incident I rushed to Vijayawada to in form my relatives (.) The police have no authority to interfere in civil matter (.) Please treat this telegram as writ and do justice in the matter (.)...

Divisional Manager, Oriental Insurance Company Ltd. Vs. Zarina Bee and ...

Court: Andhra Pradesh

Reported in: I(1997)ACC460; 1997ACJ1415; 1996(4)ALT1088; (1997)IILLJ1133AP

1. The appellant, who is the insurer of the vehicle involved in a motor vehicle accident on August 5, 1987 causing death of a workman, Fakruddin alias Fakruddin E. Munnawala, having suffered an award of Commissioner for Workmen's Compensation under Section 4A of the Workmen's Compensation Act (for short 'the Act') and also the order of penalty and interest under Section 4A of the Act has challenged it. The even date of such an award under Section 4A of the Act is July 1, 1989. Uncontrovertedly, the directions issued by the learned Commissioner in his order dated February 7, 1989 to deposit the compensation amount of Rs. 81, 806-40ps. were not deposited actually within the stipulated time and consequently, the Commissioner passed the order in the form of directions under Section 4A of the Act. When the notices were served on the parties including the appellant, it was resisted by the appellant, however, coming with certain explanations. Having heard both the sides, the learned Commissio...