Andhra Pradesh Court October 1997 Judgments
Madhu Mohan Vs. Margadarsi Chit Fund Pvt. Ltd., Hyderabad
Court: Andhra Pradesh
Decided on: Oct-31-1997
Reported in: 1998(3)ALD589; 1998(2)ALT822
ORDER1. The instant civil revision petition by the defendant/judgment debtor is directed against a docket order in I.A. (SR) No.2863/97 in Os.No.281/92 dated 26-2-1997 passed by the II Additional Subordinate Judge, Ranga Reddy District.2. The respondent herein filed O.S. No.281/92 for recovery of an amount of Rs.58,610-00 together with interest payable thereon at the rate of 12% per annum. The suit is decreed by the II Addl. Subordinate Judge, R.R. District on 9-12-1996. The suit itself was decreed on the basis of a written-statement and the oral evidence of the petitioner/ defendant tentatively agreeing to pay the suit amount. The learned Subordinate Judge basing on the admitted facts held that the admitted facts need not be proved.3. It is required to notice that the petitioner/defendant prayed the trial Court to pass a Judgment and decree for grant of instalments at the rate of Rs.1,500.00 per month. However, it appears that later on, the petitioner/defendant during the course of hi...
Tag this Judgment!G. Koteswara Rao and Others Vs. Chaitanya Grameena Bank, Tenali, Guntu ...
Court: Andhra Pradesh
Decided on: Oct-31-1997
Reported in: 1998(4)ALD437; 1998(1)ALT677
ORDERSyed Shah Mohammed Quadri, J. 1. The dissatisfied respondents, namely respondent Nos.5. 11, 12 and 17 in W.P.No. 10500 of 1995, are the appellants in this writ appeal. The parties will be referred to as they are arrayed in the writ petition. The petitioners and the unofficial respondents were selected for appointment to the post of BranchManager by the Selection Committee of the Grameena Bank and a list on the basis of the merit was prepared on 1-4-1991. It appears, the petitioners did not join the service immediately on their appointment, but joined long after the other managers reported to duty. A common seniority list was prepared in the year 1991 on the basis of the ranking assigned to them in the Selection Committee; but later, on the representation of those who joined earlier, unofficial respondents, the seniority list was altered and those who joined earlier in point of time were ranked in accordance with the merit list, but those who joined subsequently were placed below t...
Tag this Judgment!Mahboob Bi Sahed and ors. Vs. Shaik Abdul Razack Sahed and ors.
Court: Andhra Pradesh
Decided on: Oct-29-1997
Reported in: 1998(2)ALD81; 1998(2)ALT277
1. The unsuccessful plaintiffs in O.S. No. 175 of 1985 on the file of the Subordinate Judge, Srikalahasti are the appellants herein.2. For the purpose of convenience the parties, are addressed as plaintiffs and defendants as arrayed in the original suit O.S. 175/1985. The plaintiffs instituted the above suit for a declaration of the plaintiffs' title over the plaint schedule property and for a permanent injunction restraining the defendants and their men from interferring with the plaintiffs' possession and enjoyment of the plaint schedule property and for costs of the suit.3. Before the tnat Court the case of the plaintiffs' in brief is as follows : According to the plaintiffs, the plaint schedule property originally belonged to one Mohammed Ghouse Saheb Gori as his self-acquired separate property. He had put up a house and was living in the said site with his family members. The plaint schedule property was also shown in the name of the said Mohammed Ghouse Saheb Gori as his self-acq...
Tag this Judgment!State of Andhra Pradesh Vs. Durga Wines Industries
Court: Andhra Pradesh
Decided on: Oct-29-1997
Reported in: [1999]115STC143(AP)
Syed Shah Mohammed Quadri, J. 1. This revision case is filed by the State to revise the orders of the Sales Tax Appellate Tribunal, Andhra Pradesh, Hyderabad passed in T.A. No. 928 of 1993 dated February 21, 1997. 2. The short question that arises for consideration in this ' revision case is whether the 'cartons' in which the bottles of liquor are packed for the purpose of transportation should be taxed at the rate applicable to the container or at the rates of the contents, viz., the liquor. The Sales Tax Appellate Tribunal has distinguished the packing material like bottles in which the liquors are packed from the packing material like carton in which the liquor packed in bottles are kept for the purpose of transportation. It came to the conclusion that the secondary packing was used for the convenience of transport and such packing material does not reach the ultimate consumer along with goods and so it cannot be treated as packing material sold along with contents without there bei...
Tag this Judgment!Vallabhaneni Rama Chowdary Vs. Govt. of A.P.
Court: Andhra Pradesh
Decided on: Oct-29-1997
Reported in: 1998(3)ALD191
ORDERK.B. Siddappa, J.1. The wife of detenu Sri Vallabhaneni Venkataiah Chawdary, R/o. P&T; Colony, Visakhapatnam who is detained in Central Jail, Visakhapatnam in pursuance of the order passed in C.N0.178/MC/97, dated 20-7-1997 by the 2nd respondent, has filed this writ petition questioning the order of detention.2. The 2nd respondent in the grounds of detention enumerated the instance of various offences committed by the detenu : Crime No.181/96 is registered under Sections 407 and 420 I.P.C. Crime No.11/97 is registered under Sections 407 and 420 I.P.C., Crime No.28/97 is registered under Sections 468, 471, 407 and 420 I.P.C., Crime No.41/97 is registered under Sections 468, 469, 471, and 407 and 420IPC, Crime No. 100/97 is registered under Sections 407 and 420 468, 469 and 471 I.P.C., Crime No.102/97 is registered under Sections 407 and 420, 468, 469 and 471 I.P.C. and Crime No.103/97 is registered under Sections 407 and 420, 468, 469 and 471 I.P.C. The said Crimes were registered ...
Tag this Judgment!S. Murali Krishna Vs. Commissioner of Police-cum-district Magistrate a ...
Court: Andhra Pradesh
Decided on: Oct-29-1997
Reported in: 1997(6)ALT563
ORDERK.B. Siddappa, J.1. The father of the detenu Sri Saripudi Venkata Naga Muralidhar O.S.V. N. Muralidhar R/o. Kabragaddavari Street, Governorpeta, Vijayawada, who is detained in Central Jail, Visakhapatnam, in pursuance of the order passed in C.No. 184/MC/97 dt. 29-7-1997 by the 1st respondent, has filed this Writ Petition questioning the order of detention.2. The 1st respondent ordered for detention of Siripudi Venkata Naga Muralidhar O.S.V.N. Muralidhar, aged 27 years, and passed the impugned order for the following grounds :-It is alleged that the detenu worked as an Executive in Pennar Paterson and Securities, Visakhapatnam during the period from 1993 to 1995 and that he was appointed as a Branch Manager in May 1995. The detenu collected Rs. 2,00,000/- from Radha Swaroopa Rani with a condition to repay the same with interest on or before 31-1-1997. But he did not repay the amount and thereby cheated her. On a complaint by Radha Swaroopa Rani, a case in Crime No. 25/97 was regist...
Tag this Judgment!J. Karunakara Rao Vs. Commissioner of Tenders, Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Oct-28-1997
Reported in: 1998(1)ALT606; 1998(1)ARBLR383(AP)
ORDERB. Sudershan Reddy, J.1. The petitioner in the instant writ petition prays for issuance of an appropriate writ particularly one in the nature of Writ of Mandamus declaring the action of the respondents in rejecting the petitioner's tender application as illegal, arbitrary and contrary to the terms and conditions of G.O.Ms. No. 85 dated 20-3-1993, besides violative of fundamental rights guaranteed under Articles 14 and 19 of the Constitution of India. The petitioner also prays for issuance of consequential direction to the respondents to accept the tender of the petitioner by declaring as lowest tender. 2. The petitioner is a Class-I and Special Class contractor and registered as such with the Irrigation Department of Government of Andhra Pradesh. Third respondent herein had invited tenders for lift irrigation, drinking, water scheme, earthwork excavation, canal cutting and banking, including unlined and lined work canal at Chinnamarur Village of Veepanagandla Mandal, Mahaboobnagar...
Tag this Judgment!Nalluru Ravamma and ors. Vs. Nalluri Kotaiah and anr.
Court: Andhra Pradesh
Decided on: Oct-28-1997
Reported in: 1998(1)ALD403; 1997(6)ALT828
ORDER1. There is no merit in the petition.2. Petitioners claim to be the Legal Representatives of Plaintiff No.l inO.S.No.96 of 1993 on the file of the Principal District Munsif, Kandukur. They filed IANo.674of 1997 under Order 1, Rule 10 C.P.C. to implead them as the L.Rs. of deceased 1st plaintiff. The learned District Munsif, Kandukur by his order dated 14-7-1997 dismissed the same. The deceased Plaintiff No. 1 died during the pendency of the proceedings. His L.Rs. were not brought on record by Plaintiff No.2 within the period of limitation, Therefore, the suit isabated in so far as Plaintiff No. 1 is concerned. The petitioners made the application to come on record as plaintiffs. The whole approach is misconceived. If a suit abates due to the death of a party, the remedy is to file ah application to set aside the abatement under Order 22, Rule 9 C.P.C., if necessary with a petition under Section 5 of the Limitation Act to condone the delay, if any, in filing such application, and n...
Tag this Judgment!Sripathi Srinivas and ors. Vs. Regional Manager, Apsrtc, Karimnagar Re ...
Court: Andhra Pradesh
Decided on: Oct-28-1997
Reported in: 1998(1)ALT464
ORDERT.N.C. Rangarajan, J. 1. This writ petition is directed against the selection to the post of the Cleaner on daily wage basis in APSRTC, Karimnagar Zone. The complaint of the petitioners is that even though they are duly qualified by having acquired a Diploma in I.T.I. and apprenticeship training from other Institutions, the call letters for vacant posts of Cleaners were issued by the Regional Manager, APSRTC, Karimnagar Zone through the Principal of the Zonal Staff Training College, APSRTC, Warangal only to those who had completed I.T.I. apprenticeship from that Institution. The learned Counsel for the petitioners submitted that such restriction of recruitment to the trainees of the Zonal Staff College is violative of the principle of equality enshrined in Article 14 of the Constitution of India. 2. In the counter-affidavit, the fact that the call letters were confined to the I.T.I. apprentices of the Zonal Staff Training College is not disputed. The learned Counsel for the respon...
Tag this Judgment!Dudekula Vannur Vs. Markapur Municipality and anr.
Court: Andhra Pradesh
Decided on: Oct-28-1997
Reported in: 1998(4)ALD384
ORDER1.Heard the learned Counsel for the petitioner and the learned Standing Counsel for the respondent-Municipality.2. In the instant writ petition, the petitioner prays for issuance of an appropriate writ, particularly one in the nature of writ of Certiorari calling for the records relating to the impugned notice dated 26-10-1994 and quash the same.3. Brief facts of the case, for the purpose of adjudicating this writ petition may be noticed:The petitioner's father is stated to have purchased the site in question under a registered sale-deed as early as in the year 1946. The petitioner became owner of the site in question under a gift-deed stated to have been executed by his mother along with house bearing D.No.102-A of Markapur Gramapanchayat. The Gift-deed is stated to have been registered on 4-6-1984. The petitioner claims to be in exclusive possession and enjoyment of the site in question.4. The petitioner is stated to have applied to the respondent-Municipality in 1984 to make ne...
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