Andhra Pradesh Court September 1996 Judgments
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Yadavalli Venkataratnam Vs. Deputy Registrar of Co-operative Societies ...
Court: Andhra Pradesh
Decided on: Sep-17-1996
Reported in: 1996(4)ALT636
P.S. Mishra, C.J.1. Heard.2. Facts of this case tell a tale of a small group of members of a Co-operative Society bringing the whole Society's functioning to a standstill by designs obviously, but by adopting devices which cannot be judicially approved. Learned Single Judge has taken notice of the factum of filing of Writ Petition No. 11013 of 1996 and W.P.M.P. No. 13376 of 1996 therein and the order in the latter petition to the effect that if a General Body Meeting was not convened as required by the statute, then as provided under Section 32(1-A) the Managing Committee ceased to function. The above order was obtained on the impression created in the Court that respondent failed to appear in spite of notice being served and in view of the allegations, the Court felt satisfied to issue direction as follows:'I deem it fit to direct the respondent to suspend the functioning of the Managing Committee forthwith and appoint a Special Officer to be in- charge of the Co-operative Society, pe...
Mabu Saheb @ Mahaboob Vs. V. Krishna Murthy
Court: Andhra Pradesh
Decided on: Sep-13-1996
Reported in: 1997(2)ALT292
ORDERK.B. Siddappa, J.1. This Revision is filed against the order in O.S.No 37 of 1991 on the file of the Court of the Principal District Munsif, Nandikotkur.2. An objection was raised by the Advocate for the respondent (sic. petitioner) at the time of marking of the documents through P.W.1. The learned Counsel for the petitioner (sic. respondent) argued that the respondent (sic. petitioner) borrowed the suit loan from the plaintiff under two chits. He also executed two chits. They are memoranda of agreements for taking amount from the plaintiff. He also submitted that they are not promissory notes. He further submitted that the promissory note as per Section 4 of Negotiable Instruments Act and also Section 2(22) of the Stamp Act, must contain unconditional undertaking to pay the amount. In this case, there is no unconditional undertaking. He relied upon Edward Waston v. Mrs. Theresa Chitty, AIR 1934 Allahabad 1052. He prayed for admission of documents as stamp duty and penalty under A...
Sri Murali Krishna Industry, Rep. by Its Sole Proprietor, B. Krishna M ...
Court: Andhra Pradesh
Decided on: Sep-13-1996
Reported in: 1997(2)ALT354
ORDERP. Ramakrishnam Raju, J.1. The petitioner is seeking for a writ of Mandamus by declaring the letter No.PROC.9(8)/91-CM/KRMR dated 21-1-1993 of the respondent- Corporation as illegal and invalid.2. In response to an advertisement, the petitioner submitted its tender for Milling of paddy stock offered by the respondent at Jammikunta Depot (Open Storage). According to the tender notice, paddy will be delivered 'as is where is' basis and the petitioner should undertake to deliver the resultant Parboiled rice. As per the terms of the agreement the petitioner agreed to make good any shortfall in the rice at 1 1/2 times of the economic cost of the concerned variety. There is a clause which provides that the outturn ratio of conversion of paddy into Parboiled rice should be 71 per cent. Although it is indicated in the notification that the paddy is of the year 1991-92 procurement, in fact it was of the year 1990-91. As the petitioner has given bank guarantee, the respondent was threatenin...
V. Rajasekhar and ors. Vs. the Government of A.P., Rep. by Its Princip ...
Court: Andhra Pradesh
Decided on: Sep-13-1996
Reported in: 1996(4)ALT572
P. Ramakrishnam Raju, J.1. The petitioners were appointed as Lecturers/ Asst. Lecturers/ Associate Lecturers in the third respondent Polytechnic after calling for applications through advertisement in the newspapers and after proper selection observing rule of reservation. Since all of them are fully qualified, they are entitled to be regularized and they should be deemed to have been regularly appointed. They have been making representations to the respondents for implementation of Revised Fay Scales of 1986 and 1993 as fixed by the Government. While so, the third respondent issued a notification on 4-3-1995 calling for applications for the posts held by the petitioners. The petitioners thereafter made a representation to the Commissioner and Director of Technical Education pointing out to the said advertisement. However, the third respondent issued another notification dated 9-3-1995 for the same purpose and published the same on 14-3-1995. The third respondent management had certifi...
M. Sudarsanam and ors. Vs. Tirumala Tirupati Devasthanams, Rep. by Its ...
Court: Andhra Pradesh
Decided on: Sep-12-1996
Reported in: 1996(4)ALT835
Lingaraja Rath, J.1. These writ appeals and the writ petitions relate to the same set of facts and hence are disposed of by this common judgment.2. Writ Appeal No. 231 of 1994 has been filed questioning the judgment in Writ Petition No. 9949 of l988,dated27-7-1992andWritAppealNo.l377ofl995 has been filed as against the judgment in Writ Petition No. 16563 of 1992, dated 22-2-1993 which was disposed of following the judgment in W.P.No.9949 of 1988 dated 27-7-1992. Writ Appeal No. 109 of 1994 has been filed by the Tirumala Tirupati Devasthanams against this very same judgment in W.P.No.9949 of 1988 dated 27-7-1992. The petitioners in W.P.No.l0567of 1992 and Writ Petition No. 5815 of 1993 are also appellants in Writ Appeal No. 231 of 1994. The two writ petitions were filed claiming the same relief as in W.A.No.231 of 1994.3. For the sake of convenience, in this judgment, the parties are referred as are arrayed in W.A.No.231 of 1994. The respondent in W.A.1377 of 1995, Sri S. Parthasarathy ...
Shaik Ahmad Ali Shah and anr. Vs. the Divisional Manager, Apsrtc and a ...
Court: Andhra Pradesh
Decided on: Sep-12-1996
Reported in: 1996(3)ALT994
ORDERS.R. Nayak, J.1. The first petitioner, Shaik Ahmad Ali Shah is the father of the second petitioner, namely, Shaik Ali Shah Vali. In this writ petition, the petitioners have sought for a writ of mandamus to the respondents to appoint the second petitioner to the post of Cleaner.2. The facts leading to the filing of this writ petition be stated briefly as under:The first petitioner was appointed as Helper in the services of the Andhra Pradesh State Road Transport Corporation (A.P.S.R.T.C.) on 2-9-1960. The first petitioner had put in 28 years of service as Helper even on the date of filing of this writ petition on 3-11-1988. The second petitioner is the son of the first petitioner and his actual name is Shaik Ali Shah Vali. The Vice-Chairman-cum-Managing Director of the A.P.S.R.T.C. issued a Circular No. R6/502(21)/87-PD dated 5-10-1987 providing for preferential treatment to the sons of the deceased or retired and in-service employees. Preference was provided in the matter of emplo...
G. Anandam and ors. Vs. the Warangal Municipal Corporation, Rep. by It ...
Court: Andhra Pradesh
Decided on: Sep-11-1996
Reported in: 1997(1)ALT434
ORDERS.V. Maruthi, J.1. The question involved in these Revision Petitions is maintainability of Execution Application in Execution Petition No. 4/96 and the correctness of the order passed by the learned Judge. All the 26 C.R.Ps. are disposed of by this common judgment.2. C.R.P. Nos. 2356/96 to 2361/96 and 2520/96 to 2523/96 are filed by the Decree-holders in O.S. No. 45/83. C.R.P. Nos. 3140/96 to 3155/96 are filed by the Judgment-debtor i.e., Municipal Corporation of Warangal in O.S. No. 45/83. The brief facts out of which the present C.R.Ps. arose are as follows:The Municipal Corporation-respondent constructed shopping complex in 1977 in Warangal. The said complex was leased out for a period of five years to the petitioners from 1-1-1978. The lease contemplates renewal of lease for a further period of five years. The original period of lease having expired on 31-12-1987, eviction notices were issued by the Municipal Corporation to the petitioners for eviction. The petitioners filed O...
Sripathi Panditarajula Venkanna Babu Vs. Varalakshmi Finance Corporati ...
Court: Andhra Pradesh
Decided on: Sep-11-1996
Reported in: 1996(4)ALT253
ORDERLingaraja Rath, J.1. This appeal is directed against the order of the Principal Subordinate Judge, Rajahmundry directing, on 14-6-1996 in I.A.No. 2580/1995, attachment of the properties of the appellant before judgment. It is urged, assailing the impugned order that the order was passed in mechanical manner under Order 38 Rule 6 CPC without following the mandatory procedures of law and without forming the requisite satisfaction of there being a genuine case made out that the appellant was trying to dispose of the schedule properties.2. It appears that on an application, LA. No. 2580/1995 filed under Order 38 Rule 5 CPC by the respondent, an order was passed on 4-12-1995 by the learned Subordinate Judge as follows:'Heard the advocate for petitioner. Respondent is directed to furnish security for the suit amount failing which conditional attachment and notice 14-12-1995.Court Order:The respondent is directed to furnish security for the suit amount failing which conditional attachmen...
R. Krishnaiah Vs. Union of India (Uoi), Rep. by Its Cabinet Secretary, ...
Court: Andhra Pradesh
Decided on: Sep-11-1996
Reported in: 1996(4)ALT175
ORDERP.S. Mishra, C.J.1. These petitions under Article 226 of the Constitution of India are moved by one R. Krishnaiah for reliefs inter alia to forthwith implement the Bachawat Commission Award on inter-State water dispute between the States of Karnataka, Maharashtra and Andhra Pradesh and consequential reliefs. Petitioner has claimed that he is having both personal interest and public interest in the Us as like many other small-farmers, he has claimed, his livelihood, existence and right to life and right to vocation and right to avocation depends upon the sharing of water of river Krishna between the said three riparian States and water's availability for agriculture and other activities. He has brought the historical perspective by stating that the systems of river Krishna and Godavari are sustainers of life for inhabitants of the three States. The rivers are venerated and worshipped as Mother goddess since water they bring to the land sustains both culture and economy. The history...
Munakala Rajanna Vs. Food Corporation of India and anr.
Court: Andhra Pradesh
Decided on: Sep-10-1996
Reported in: 1997(3)ALT356; 1997(2)ARBLR645(AP)
Krishna Saran Shrivastav, J.1. This Civil Revision Petition is directed against the order passed by the Subordinate Judge, Bhimavaram in O.P. No. 23 of 1983 on his file whereby the learned Judge rejected the objection of the petitioner. The award has been made as a rule of the court and a decree has been passed accordingly. 2. The facts of the case in brief are that the petitioner was appointed as a contractor for handling, loading, unloading and transporting food-grains, fertizers, etc., by the 1st respondent through a written agreement. The 1st respondent appointed the 2nd respondent as an arbitrator to resolve the dispute between the petitioner and the 1st respondent on the ground that the petitioner did not fulfil his part of the contract and, therefore, the 1st respondent had been put to a loss of Rs. 1,47,383.20 ps. The petitioner resisted the claim of 1st respondent before the arbitrator. After investigating into the rival claims, the arbitrator on 18-6-1983 passed the award and...
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