Andhra Pradesh Court August 1996 Judgments

Kondre Munemma Vs. Jarugumallu Veerabhadraiah

Court: Andhra Pradesh

Reported in: 1996(4)ALT495

ORDERKrishna Saran Shrivastav, J.1. The decree holder is the Revisionist. The petitioner's husband obtained a money decree against the respondent in O.S.No. 291/1976. During the pendency of the suit the immovable properties of the respondent-judgment debtor were attached under Order 38 Rule 5 of the Code of Civil Procedure. The deceased-decree holder filed OEP 19/1983 for recovery of the decretal amount of Rs. 5,393-95 ps. by selling the already attached immovable properties, that is, the agricultural lands of the respondent-judgment debtor to the extent of Ac.5-86 Cts. of dry land out of the attached immovable properties. The respondent-judgment debtor remained absent after service of notice of execution and was set ex parte on 29-11-1983. During the pendency of the execution proceedings, the petitioner's husband died and she was substituted in place of her husband, that is, the deceased-decree holder. The respondent filed an application EA 54/1985 on 28-3-1985 for setting aside the e...

S. Jagadeswar Vs. the Lok Ayukta of Andhra Pradesh and ors.

Court: Andhra Pradesh

Reported in: 1996(4)ALT1072

Lingaraja Rath, J.1. The orders assailed by the petitioner in this case are those passed by respondent No. 1, the Lok Ayukta of Andhra Pradesh on 17-4-1996 and 12-6-1996 and the order passed by respondent No. 2, the District Collector, Mahaboobnagar in pursuance of the order of 17-4-1996 on 25-4-1996 transferring the petitioner as Special R.I. (ROR), MJR.O's. office, Amrabad and the subsequent modification of it by order of 16-5-1996 posting him as Senior Assistant, M.R.O's. Office, Alampur. Since the petitioner is a Government servant and any disadvantageous orders of transfer are assailable only before the Andhra Pradesh State Administrative Tribunal, the petitioner has confined his challenge only to the orders passed by the learned Lok Ayukta and not the consequential orders passed by the District Collector effecting his transfer. Even though tine orders adversely affecting the petitioner's posting are not challenged yet, because of the very important questions raised as to the proc...

Tadi Surya Rao Vs. Dr. Gurubhavatula Ramakrishna Rao and anr.

Court: Andhra Pradesh

Reported in: 1996(2)ALD(Cri)781; 1996(3)ALT763

M.N. Rao, J.1. These two writ petitions are inter-connected and so they are being disposed of by this common judgment.2. Seeking a writ of certiorari for quashing the common judgment of the Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act, Hyderabad (for short 'the Special Court') in L.G.C. Nos. 23 of 1993 and 68 of 1994, these applications were filed by Tadi Surya Rao, a resident of Visakhapatnam, who was declared by the Special Court as a 'land grabber' within the meaning of Section 2(b) and (e) of the Andhra Pradesh Land Grabbing (Prohibition) Act, (for short 'the Act') and was directed to deliver vacant possession of Plot Nos. 70 and 71 covered by approved lay-out bearing No. 61/64 situate at Narasimha Nagar, Viskhapatnam to Dr. Gurubhavathula Ramakrishna Rao (respondent No. 1 herein) applicant in L.G.C. No. 23 of 1993 before the Special Court or his nominee.3. In the year 1991, Gurubhavathula Ramakrishna Rao, respondent No. 1 herein, filed L.G.C. No. 64 of 19...

Rajeti Kanchayya Vs. Gundu Bhaskaramma and anr.

Court: Andhra Pradesh

Reported in: 1996(3)ALT906

ORDERK.B. Siddappa, J.1. This Revision is filed against the judgment passed in C.M.A. No. 15/94 on the file of Additional District Judge, Vizianagaram.2. The plaintiff who is the Revision Petitioner herein had filed the suit for perpetual injunction. He has also filed a petition for ad-interim injunction which was granted. Aggrieved by the said order the defendant preferred Civil Miscellaneous Appeal which was allowed.3. Against the said Judgment in Civil Miscellaneous Appeal the present Revision is filed by the plaintiff.4. The learned counsel appearing for the Revision petitioner submitted that D-Form Patta was given to the plaintiff in respect of Ac.1-75 cents in the year 1976. Subsequently, D-Form Patta was also given in respect of the same land in favour of the father of the 1st respondent on 1-9-1986 as he is an ex-service man. the plaintiff stated that the subsequent granting of D-Form Patta in favour of the father of the 1st respondent was manipulated etc. This was considered b...

K. Krishna Mohan Vs. Dr. M.S. Dayakar Rao and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. Aggrieved by the dismissal of his complaint CD/46/94 by the District Forum Anantapur, this appeal is preferred by the Complainant. 2. According to the complainant he joined in January, 1993 in 1st opposite party College and paid a sum of Rs. 1,60,000/- to the management of the first opposite party. One month after his joining i.e. in February, 1993 C.B.C.I.D. officials inspected the college and ordered closure of the college as there was no recognition obtained by college from Indian Medical Council and the cash deposits of the college which were in the local bank were frozen by the District Collector, Warangal i.e. second opposite party. The first opposite party issued a cheque for Rs. 1,47,000/- on 8.11.93 by way of refund. But as there was a freeze of funds, the cheque could not be encashed. 3. Alleging that without obtaining the permission, the management of the first opposite party should not have admitted the students and deduction of Rs. 13,00...

New India Assurance Co. Ltd. Vs. Gangaiah and anr.

Court: Andhra Pradesh

Reported in: (1999)IIILLJ355AP

ORDERS. Dasaradharama Reddy, J.1. It is represented that the appellant has already deposited the amounts awarded and that they have already been withdrawn by the respondents even before the appellant could get the orders on the stay petition. Hence, the stay petitions have become infructuous.2. In number of awards, I find that the Commissioners for Workmen's Compensation are directing payment of the compensation straightaway to the claimants without noticing the guidelines laid down by the Supreme Court in Susamma Thomas v. Kerala State Road Transport Corporation : AIR1994SC1631 . The relevant portion of the Judgment is extracted hereunder:'In a case of compensation for death it is appropriate that the Tribunals do keep in mind the principles enunciated by this Court in Union Carbide Corporation and Ors. v. Union of India and Ors. : AIR1992SC248 in the matter of appropriate investments to safeguard the feed from being filtered away by the beneficiaries owing to ignorance, illiteracy an...

Rajesham K. Vs. Depot Manager, Apsrtc

Court: Andhra Pradesh

Reported in: (1998)IIILLJ901AP

S.R. Nayak, J.1. The petitioner who is working as Conductor in the services of the A. P. State Road Transport Corporation (for short the 'Corporation') has filed this writ petition praying for quashing the proceedings of the Depot Manager dated November 11, 1988.2. Few facts which are relevant for the purpose of disposal of this writ petition be noted as under:The petitioner was working as a contract employee. His services were dispensed with by the Depot Manager by his proceedings dated July 15, 1985 after finding that the petitioner was guilty of commission of certain irregularities in the matter of cash and tickets maintenance. It seems that against the said action of the Depot Manager dated July 15, 1985, the petitioner preferred an appeal to the Divisional Manager. The Divisional Manager, Kareemnagar by his proceedings dated January 1, 1987 directed re-engagement of the petitioner on daily wages. Consequently, the petitioner was re-engaged by the Depot Manager. In the counter file...

Raja Ratan Gopal Sainchar (Died) and ors. Vs. Rajendra Prasad and ors.

Court: Andhra Pradesh

Reported in: 1997(1)ALT45

Lingaraja Rath, J.1. The legal representatives of the defendant in the suit are the appellants against a reversing judgment decreeing the suit for specific performance of the contract brought by the plaintiff-respondents on the basis of an agreement of sale Ex. A-1 executed on 28-1-1974. The admitted case of the parties is that under the document Rs. 20,000/- was received as earnest money out of the total consideration of Rs. 90,000/- with the condition that the sale deed shall be executed within three months and vacant possession of the suit house shall be handed over at the time of registration and with the further condition that if the plaintiff-respondents fail to pay the balance of consideration within time, the earnest money shall stand forfeited and the contract stands cancelled. The plaintiffs alleged that they were ever ready and willing to pay and perform their part of the contract and, as a matter of fact, they paid, as required by the defendant Rs. 2,700/- on 1-2-1974 and t...

The New India Assurance Co. Ltd., Rep. by Its Gpa Holder and Manager V ...

Court: Andhra Pradesh

Reported in: 1996(4)ALT699

ORDERS. Dasaradharama Reddy, J.1. It is represented that the appellant has already deposited the amounts awarded and that they have already been withdrawn by the respondents even before the appellant could get the orders on the stay petition. Hence, the stay petitions have become infructuous.2. In number of awards, I find that the Commissioners for Workmen's Compensation are directing payment of the compensation straightaway to the claimants without noticing the guidelines laid down by the Suprem Court in Susamma Thomas v. Kerala State Road Transport Corporation, : AIR1994SC1631 The relevant portion of the Judgment is extracted hereunder:-'In a case of compensation for death it is appropriate that the Tribunals do keep in mind the principles enunciated by this Court in Union Carbide Corporation and Ors. v. Union of India and others, 1991 (4) SCC 584) in the matter of appropriate investments to safeguard the feed from being flittered away by the beneficiaries owing to ignorance, illiter...

Secretary to Government of India, Ministry of Defence, New Delhi and A ...

Court: Andhra Pradesh

Reported in: 1998(5)ALD387

ORDER1. This first appeal is by the defendants directed against the Judgment and decree dated 29-11-1993 passed in OS No.276 of 1988 on the file of III Addl. Judge, City Civil Court, Hyderabad at Secunderabad, decreeing the suit filed by the respondents -plaintiffs. The respondents are the plaintiffs. The parties are referred to in this judgment as they are arrayed in the suit. The plaintiffs filed the suit OS No.276 of 1988 for decree declaring that the plaintiff to be the owners ofthe suit land bearing Sy. No.234 admeasuring Ac. 2.33 gts situated at Thokatta village, Bowenpally, Secunderabad Taluk, Hyderabad District (hereinafter shortly referred to as 'suit land') and for perpetual injunction restraining the defendants 1 and 2 from interfering with the possession of the plaintiffs.2. The material averments in the plaint be stated briefly as under:The 1st plaintiff is the widow and the 2nd plaintiff is the daughter of one Late B. V. Prakasa Reddy. B. V. Prakasa Reddy was the owner an...