Andhra Pradesh Court January 1997 Judgments
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D. Seshagiri Rao and ors. Vs. State of Andhra Pradesh, Rep. by Its Sec ...
Court: Andhra Pradesh
Decided on: Jan-29-1997
Reported in: 1997(2)ALT556
Krishna Saran Shrivastav, J.1. Five retired Principals, through this writ petition under Article 226 of the Constitution of India, seek issuance of a writ of Mandamus, directing the respondents to implement the judgment passed by Andhra Pradesh Administrative Tribunal, Hyderabad, in R.P.No.3558/89, dated 10-4-1989, by fixing their pay in the scale of Rs. 700-1100 with effect from 1-4-1996 as also to pay arrears.2. The petitioners were initially appointed as Lecturers in Category I Class IV of Andhra Pradesh Education Subordinate Service Rules (for short APESS Rules') and later were promoted to the post of Lecturers in Category II of Class IV of Andhra Pradesh Educational Services (for short, 'APES'). They sought fixation of their pay in the scale of Rs, 700- 1100 with effect from 1-4-1996 on the ground that the Lecturers who were junior to them were granted pay in the scale of Rs. 700 -1100 with effect from the said date. The Andhra Pradesh Administrative Tribunal, consolidated R.P. No...
Ajru Nagarathnam Vs. Commissioner, Survey, Settlements and Land Record ...
Court: Andhra Pradesh
Decided on: Jan-29-1997
Reported in: 1997(2)ALT143
ORDERP. Ramakrishnam Raju, J.1. The petitioner is the owner having possession of an extent of Ac.4-77 cents of land of Muppinavarigudem (Nagavaram Mutha), hamlet of Buttayagudem, Buttayagudem Mandal, West Godavari District. The said land originally was a part of Gutalat estate. Thonam Ramudu and Juttuga Subbaiah were cultivating this land. Zamindarini granted patta to the said cultivators on 1-7-1905. They partitioned the land between themselves and Ac. 4-77 cents of land has fallen to the share of Thonam Ramudu. After his death, his wife Narasamma conveyed the said land to the father of the petitioner under a gift deed dated 9-3-1943. The petitioner's father cultivated the land during his life time and executed a gift deed on a stamped paper bequeathing the said land as marriage gift (Pasupukunkuma) to the petitioner. From 27-4-1995 the petitioner has been in continuous possession and enjoyment of the said land. In fact, the Special Deputy Collector (T.W), K.R. Puram on the complaint ...
Smt. P. Seshamma and ors. Vs. Dr. Patri Krupasagar and ors.
Court: Andhra Pradesh
Decided on: Jan-29-1997
Reported in: 1997(2)ALT182
Ramesh Madhav Bapat, J.1. The appellants herein were originally plaintiffs who had instituted O.S. 872 of 1982 in the Court of the V Additional Judge, City Civil Court, Hyderabad.2. The plaintiffs instituted the suit for partition and allotment of one-fourth share to them in the household property. The facts leading to this litigation can be briefly narrated as follows :- Plaintiff No. 1 is the wife of the deceased Dr. Dayasagar Patri and plaintiffs 2 and 3 are the sons of the deceased Dayasagar. Defendants 1 to 3 are the brothers and defendant No. 4 is the sister of Dayasagar.It is further stated by the plaintiffs in their suit that the household property was purchased by the father-in-law of plaintiff No. l and grandfather of plaintiffs 2 and 3, namely, Narasimha Bindu. Mr. Narasimha Bindu was a doctor and he was practising medicine at various places including Hyderabad. The husband of plaintiff No. 1, named, Dayasagar predeceased his father on 23-11-1976. Narasimha Bindu died on 6-6...
The A.P. State Road Transport Corporation and anr. Vs. Jampana Ramesh ...
Court: Andhra Pradesh
Decided on: Jan-29-1997
Reported in: 1997(1)ALT811
ORDERC.V.N. Sastri, J.1. This Civil Revision Petition is directed against the order passed by the lower Court overruling the objections raised by the petitioners-judgment-debtors to the memo of calculation filed by the respondent-decree holder and accepting the same as correct.2. Sri A.V. Sivaiah, learned Counsel for the petitioners-judgment debtors contends that the appropriation of several payments made by the petitioners from time to time has not been properly made by the respondent-decree-holder and that the payments have to be appropriated towards the principal and not interest. I do not find any substance in this contention. It is the settled position in law that any payments made by the judgment-debtor towards the decretal amount have to be first appropriated towards interest and the excess if any has to be appropriated towards principal amount, (see the decisions of the Supreme Court in Mehraj and Ors. v. Mst. Bayabai, : [1970]1SCR523 and M. Matthai v. Hindustan Organic Chemica...
Sri Ram Parvathaiah Vs. Istarigalla Yellavva and ors.
Court: Andhra Pradesh
Decided on: Jan-29-1997
Reported in: 1997(3)ALT425
ORDERV. Bhaskara Rao, J.1. The revision petition is filed under Section 91 of A.P. (T.A.) Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as 'the Act') against the order of the Joint Collector, Medak District at Sangareddy in Case No. C3/154/76, dated 9-3-1992 confirming the order of the Tahsildar, Siddipet in Case No. A5/3740/74 dated 17-4-1976, permitting the protected tenants to withdraw surrender petition filed under Section 19 of the Act. The landlord is the revision petitioner and respondents herein are the legal representatives of the original protected tenant by name I. Pochaiah s/o Yellaiah.2. The facts that give rise to this revision petition are that respondents Nos. 1 and 2 who are sons of the protected tenant filed a petition under Section 19 of the Act on 21-2-1966 before the Tahsildar, Siddipet surrendering their rights of protected Tenancy on the lands bearing Survey Nos. 1131, 1132 and 1133 admeasuring Ac. 12-27 guntas situated at Dubbak Village of Me...
Sri Hari Ice Industries Vs. the Assistant Accounts Officer, Electricit ...
Court: Andhra Pradesh
Decided on: Jan-28-1997
Reported in: AIR1997AP197; 1997(2)ALT685
ORDERS. Parvatha Rao, J. 1. The questions raised in these two writ petitions are in a shortcompass 2. The first question is whether the additional consumption deposit has to be computed under Condition 28.2. of the Terms and Conditions of Supply of electrical engergy by the Andhra Pradesh State Electricity Board (for short 'the Conditions1) taking into reckoning the tariff rebate, if any, to which the consumer is entitled; and the second question is whether the interest accruing on the consumption deposit has to be adjusted annually under Condition 28.3 of the Conditions.3. It is not in dispute that the petitioners in these two writ petitions are entitled to 25% power rebate; the petitioner in Writ Petition No. 13521 of 1996 from 10-2-1995 and the petitioner in Writ Petition No. 14816 of 1996 from 5-2-1995 on which dates they went into regular production. This much has been accepted in the counter affidavits filed on behalf of the respondents in these two writ petitions.4. The learned ...
i. Additional Sessions Judge, East Godavary Vs. State Represented by P ...
Court: Andhra Pradesh
Decided on: Jan-28-1997
Reported in: 1997CriLJ3466
1. The appeal is filed against the judgment of the I Additional District and Sessions Judge, East Godavary at Rajahmundry in C.C. No. 44/1992 convicting and sentencing the appellant to suffer rigorous imprisonment for two years and to pay a fine of Rs. 5,000/- and in default to suffer simple imprisonment for six months under Section 8(c) read with Section 20(1)(b) of the Narcotic Drugs and Psychotropic Substances Act. 1985. 2. The charge framed against the accused in that on 16-10-1992 at about 8 p.m. near the R.T.C. complex, Tuni he was found in possession of 4 1/2 kgs. of ganja without possession of any permit, licence or authority issued by competent authority and thereby committed an offence punishable under Section 8(c) read with Section 20(1)(b) of NDPS Act, 1985. 3. The case of the prosecution in brief is that the accused is the resident of Brahmamgarimatham, Quddapah District. On 16-10-1992, on information, P.W. 3 K. Raghavendrarao, C.I. of Excise Enforcement, Kakinada, along w...
K. Umapathy Vs. Superintendent, Central Jail, Cuddapah and anr.
Court: Andhra Pradesh
Decided on: Jan-28-1997
Reported in: 1997(1)ALD(Cri)321; 1997(1)ALT(Cri)620; 1997CriLJ1794; 1997(1)LS304
M.H.S. Ansari, J.1. The petitioner is a junior counsel who appeared in Criminal Appeal No. 991 of 1994 on the file of this Court which was disposed of by orders dated 20-4-1995. That appeal arose out of a judgment of the Sessions Court in S.C. No. 270 of 1993 on the file of learned Sessions Judge, Chittoor. One Sri Ganachari Annadurai and Sri Ganachari Chinnabba were tried for offences under Section 302, I.P.C. and Section 304 r/w Section 34, I.P.C. respectively. The learned Sessions Judge convicted both the persons for the said charges respectively levelled against them and sentenced them to undergo imprisonment for life. The Criminal Appeal No. 991 of 1994 was allowed by this Court in respect of Ganachari Chinnabba and the sentence imposed upon him was set aside and he was directed to be set at liberty forthwith by the said orders D/- 20-4-1994. However, the said appellant Ganachari Chinnabba was not released from the Jail and continued in custody. The above writ petition is filed fo...
Lingareddy Ramakrishna Reddy and ors. Vs. Director of Settlements and ...
Court: Andhra Pradesh
Decided on: Jan-28-1997
Reported in: 1997(4)ALT409
ORDERS.V. Maruthi, J. 1. This writ petition is filed for a Writ of Prohibition restraining the first respondent-Director of Settlements from proceeding further with the suo motu enquiry pursuant to the notice dated 8-4-1995.2. The facts in brief are as follows: The Raja of Venkatagiri Zamin Estate granted land in Paimaish No. 679 of Madanuru village BitNo. 2 (now surveyed in Ethamukkala village) in favour of eight families of Alla, Ulchi, Samanthula, Maturi, Kunkala, Lingareddy, Bapireddy and Kalahasthi Reddy more than 100 years ago for the purpose of cultivation and pasturage on payment of usual rent due thereon. Raja Saheb granted land in Paimaish Nos. 17, 18, 23 and 24 situate in Somavarappadu village in favour of Kolagatla Peda Narasimham and others 100 years ago for the purpose of cultivation and pasturage. The petitioners acquired these lands either by purchase from the original grantees or by inheritance from the original grantees. The land was cultivated partly with dry crops l...
S.R. Ramanujam and anr. Vs. the Chief Secretary to Government and ors.
Court: Andhra Pradesh
Decided on: Jan-28-1997
Reported in: 1997(2)ALT512
P.S. Mishra, C.J.1. Two petitions addressed to the Chief Justice of the Court were clubbed and treated as a petition under Article 226 of the Constitution of India being Writ Petition No. 25835 of 1996. The first petition in Writ Petition No. 25835 of 1996 is by the residents of the locality of Indira Park in the lower Tank Bund area in Hyderabad and the second is by the Advocates of City Civil Court. In both the petitions, objections are raised against the proposed cremation of the body of Dr.M. Channa Reddy, former Chief Minister of the State and the Governor of Tamil Nadu, who expired on 2-12-1996. On 3-12-1996, when the matter was taken up by a Bench of this Court and it was noticed that cremation was fixed for 4-12-1996, the Court issued notice to the learned Advocate-General, who filed a memo answering the various queries made by the Court. Ordering, however, the petition after the memo filed by the learned Advocate-General, the Court postponed final disposal awaiting response to...
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