Andhra Pradesh Court September 1996 Judgments
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Ali MoinuddIn Vs. the Andhra Pradesh State Electricity Board Rep. by I ...
Court: Andhra Pradesh
Decided on: Sep-25-1996
Reported in: 1996(4)ALT228
ORDERS.R. Nayak, J.1. The petitioner, Ali Moinuddin, is an ex-employee of the respondent- Electricity Board, i.e., Andhra Pradesh State Electricity Board. In this writ petition he has questioned the legality and the validity of the order of the 2nd respondent dated 10-6-1988 and the order of the 1st respondent dated 9-11-1990 and for a consequential direction to the respondents to sanction increment to him for the leave period from 24-9-1980 to 27-3-1985 with all consequential benefits.2. The facts leading to the filing of this writ petition as pleaded in the affidavit filed in support of the writ petition be noted briefly as under:While working as Accountant in the Board, the petitioner fell sick due to Arthitheties (sic. arthritis) complaint and he had to undergo a long-drawn medicare and treatment and he was advised not to attend to the duties. The petitioner applied for leave from time to time and ultimately after recovery from illness he reported for duty on 27-3-1985. The petitio...
Thallapaka Ananthacharyulu and ors. Vs. the Principal Subordinate Judg ...
Court: Andhra Pradesh
Decided on: Sep-25-1996
Reported in: 1996(4)ALT15
M.N. Rao. J.1. This judgment will dispose of all the three matters - two writ petitions and one contempt case - since they are inter-connected.2. A writ of Prohibition is sought in each of the two writ petitions: In W.P. No. 5997 of 1996, against the Court of the Principal Subordinate Judge, Tirupati in respect of O.S. No. 69 of 1995 and in W.P. No. 8347 of 1996 against the Revenue Court, Tirupati in respect of the appeal preferred by the Tirumala Tirupati Devasthanams (for short 'the T.T.D') against the order of the Inam Deputy Tahsildar, Chittoor, in SR. No. 1/95 dated 9-8-1995. The contempt case - C.C. No. 373 of 1996 - was filed alleging that the judgment of the Division Bench of this Court, to which one of us (M.N. Rao, J.,) was a member, in W.A. Nos. 4 of 1993 and 1752 of 1987 rejecting the claim of the T.T.D. that the land in question was an inam granted in favour of the institution and upholding the plea of the inamdars (petitioners herein) that the grant was a personal one wit...
Vemireddy Bhaskara Reddy Vs. Boddu Narendra Kumar and ors.
Court: Andhra Pradesh
Decided on: Sep-25-1996
Reported in: 1996(4)ALT778
B.K. Somasekhara, J.1. These two appeals arise out of the award passed by the Motor Vehicle Accidents Claims Tribunal, Krishna at Vijayawada in M.V.O.P. No. 403 of 1989 dated 26-4-19%. C.M.A. No. 975 of 1996 is by the claimant, whereas C.M.A. No. 1151 of 1996 is by the insurer, who is the 3rd respondent in the O.P. The matters being between the same parties involving common questions of law and fact have been heard together and being disposed of by means of this common judgment. The reference to the parties will be in accordance with the seriatim in the O.P. and also in C.M.A. No. 975 of 1996.2. The claimant, an Advocate aged 26 years at the relevant time, having suffered injuries during the motor vehicle accident, which occurred on 7-5-1989 at about 8.15 a.m. at Padavalarevu bus stop opposite to his house at Vijayawada, and having suffered certain consequences thereof according to him, laid a claim under Section 110-A of the Motor Vehicles Act, 1939 (for short 'the Act') for recovery ...
P. Vidyasagar and ors. Vs. Managing Director, A.P. State Seeds Corpora ...
Court: Andhra Pradesh
Decided on: Sep-25-1996
Reported in: 1996(4)ALT918
ORDERS.R. Nayak, J.1. The petitioners 1 to 3 are presently serving as Seed Officers in the establishment of the Andhra Pradesh State Seeds Corporation Limited, the first respondent herein. In this writ petition they have sought for a writ in the nature of mandamus directing the respondent No. 1 to refix the seniority of the petitioners in the category of Seed Officers placing their names over and above that of the respondents 2 to 15.2. The relevant facts leading to the filing of this writ petition be stated briefly as under:The first respondent-Corporation called for applications from the eligible candidates to fill up the posts in the cadre of Seed Officers. The Corporation after going through the necessary selection process, appointed the petitioners as Seed Officers by proceedings dated 26-11-1984. The petitioners 1 to 3 joined duty on 7-1-1985,12-12-1984 and 10-12-1984 respectively. Under the terms of appointment, the petitioners had to undergo probation for a period of one year w...
S. Venkateswar Rao and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-24-1996
Reported in: 1996(2)ALD(Cri)945; 1997(1)APLJ254; 1997CriLJ1960
Y. Bhaskar Rao, J.1. This criminal petition is filed under Section 482 of the Code of Criminal Procedure to quash the order passed by the VI Metropolitan Magistrate, Guntur dated 17-6-1992 issuing non-bailable warrant against the petitioners. 2. The facts of the case are that the petitioners are alleged as accused in C.C. No. 6/94 on the file of the VI Metropolitan Magistrate, Guntur under Sections 392, 427 and 411, IPC. The petitioners herein obtained bail in the year 1992 and since then they are on bail. While so, the lower Court issued non-bailable warrant to arrest the petitioners and produce them as they have not attended the Court on 17-6-1992 when the case was posted. The case of the petitioner is that though crime is registered, charge-sheet is not filed. When they were released on bail, there is no necessity for appearance in the Court before filing of the charge-sheet. Only after filing the charge-sheet, the petitioners shall attend. Therefore, issuing of non-bailable warrant...
M.A. Quddus Vs. Income-tax Officer
Court: Andhra Pradesh
Decided on: Sep-24-1996
Reported in: [1997]227ITR665(AP)
B.S. Raikote, J. 1. These two criminal petitions are filed for quashing the proceedings before the Special Judge for Economic Offences, Hyderabad, in C.C. No. 7 of 1994 and C.C. No. 8 of 1994. These two criminal proceedings in C.C. No. 7 of 1994 and C.C. No. 8 of 1994 are filed before the Special Judge for Economic Offences, Hyderabad, under sections 276C and 277 of the Income-tax Act. The petitioner is an assessee and C.C. No. 7 of 1994 pertains to the assessment year 1986-87 and C.C. No. 8 of 1994 pertains to the assessment year 1987-88. The grievance of the petitioner in substance is that regarding the alleged violation of the provisions of the Income-tax Act separate penalty proceedings were initiated against the petitioner alleging the same set of facts; that he suppressed certain income in the return and thereby tried to evade the tax payable by him and also submitted false accounts. The authority of the first instance, the Income-tax Officer, Ward-3(4), Ayakar Bhavan, Hyderabad,...
V.V. Krishna Vara Prasad Vs. S. Surya Rao and ors.
Court: Andhra Pradesh
Decided on: Sep-24-1996
Reported in: 1997(1)ALT84
ORDERS. Dasaradha Rama Reddy, J.1. This is a revision petition filed by the tenant arising under the A.P. Buildings (Lease, Rent and Eviction) Control Act (for short 'the Act')- The eviction petition was filed in October, 1986 (i) on the ground that the tenant was a wilful defaulter in the matter of payment of rents from May, 1986 to October, 1986; and (ii) on the ground of bona fide personal requirement. The premises is a non-residential one and regarding the rent while the petitioner's contention is that it is Rs. 400/-, the respondent's contention is that it is Rs. 450/-. But both the Courts below found that the rent is Rs. 450/- per month. The learned Rent Controller allowed the eviction petition on the ground of wilful default and personal requirement. Regarding the acts of waste, however, he did not agree with the plea of the respondent-landlord. While considering the ground regarding wilful default, the learned Rent Controller referred to the admission of the tenant in the evide...
Kadali Satyanarayanamma and ors. Vs. Sayyapu Raju Ramakrishna Raju and ...
Court: Andhra Pradesh
Decided on: Sep-24-1996
Reported in: 1997(1)ALT345
ORDERB.K. Somasekhara, J.1. The first appellant's right leg was amputated upto the knee level due to the injuries suffered by her in a motor accident which occurred on 16-1-1988 when the bicycle, on which she was going with her husband, was hit by an RTC Bus AAZ 6030 by its driver R-1 and the bus belonging to R-2. She laid a claim Under Section 110-A of the Motor Vehicles Act in O.P.241/1988 in M.V.A.T., East Godavari, Rajamundry to recover a compensation of Rs. 1,00,000/- and after an inquiry, the Tribunal awarded Rs. 20,000/- towards loss of income or contribution to the family due to the permanent disability suffered by her; Rs. 5,000/- towards mental and physical suffering; Rs. 7,000/- as a whole towards loss of support to her children and altogether granted Rs. 32,000/-. The date of the award is 12-2-1990. Aggrieved by that regarding the quantum of adequacy of compensation, this appeal is filed.2. The learned Advocate for the appellants contended that he is not very particular abo...
K. Rajeswaramma and ors. Vs. Chinnam Shankaraiah
Court: Andhra Pradesh
Decided on: Sep-24-1996
Reported in: 1996(4)ALT263
ORDERK.B. Siddappa, J.1. This Revision is filed against the order passed in I.A. No. 385/94 in O.S. No. 26/91 on the file of the Subordinate Judge, Srikalahasthi.2. The petition was filed by the plaintiff, to amend the plaint, under Order 6 Rule 17 C.P.C, Originally, the plaint was filed, among other reliefs, for the relief of dissolution of partnership firm consisting of himself and other partners i.e., defendants 1 to 3, 5 and late M.C. Nagaraja, and also for rendition of accounts. In the affidavit filed in support of the petition the petitioner stated that as other partners were playing fraud on him and were causing loss to him, he filed the suit. He wanted to get out of the partnership firm and start his independent rice mill business without entering into any partnership. However, the attitude of the defendants was detrimental to his interests. They were dragging on the proceedings. They were repeatedly going to High Court and obtaining stay of trial of the suit on slightest prete...
Shaik Rahima Begum and anr. Vs. Kadiri Narayanamma
Court: Andhra Pradesh
Decided on: Sep-24-1996
Reported in: 1996(4)ALT401
R. Bayapu Reddy, J.1. This revision petition is filed by the respondents in I.A.No.17 of 1992 In unnumbered A.S-of 1992 on the file of the Principal District Judge, Cuddapah, questioning the orders dated 2-7-1993 by which the petition filed under Section 5 of the limitation Act by the petitioner was allowed.2. The respondent herein is the plaintiff and the revision petitioners are the defendants in O.S. No. 20 of 1984 on the file of the Principal District Munsir Court, Cuddapah. The said suit filed for the reliefs of declaration of title and mandatory injunction relating to the suit property was dismissed on contest on 21-11-90 by the trial Court. Subsequently the plaintiff filed the appeal in the District Court, Cuddapah on 24-10-91 questioning the decree and judgment of the trial Court. As the said appeal was beyond the period of limitation involving delay of nine months fourteen days, the plaintiff filed I.A. No. 17 of 1992 under Section 5 of the Limitation Act seeking condonation o...
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