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Andhra Pradesh Court October 1997 Judgments

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Oct 21 1997

G.R. Reddy Vs. Presiding Officer, Labour Court, Godavarikhani and anr.

Court: Andhra Pradesh

Decided on: Oct-21-1997

Reported in: 1998(1)ALD616; 1997(6)ALT664

ORDERP. Ramakrishnam Raju, J 1. Petitioner-Appellant was appointed as Conductor in A.P. State Road Transport Corporation and was working in Mancherial Depot. A check was conducted while he was conducting his bus on the route Gollette-I and Tandur-I-B on 24-11-1988 and detected certain cash and ticket irregularities. Accordingly a charge-memo was issued for having re-issued tickets to 9 passengers after collecting money which were already issued earlier. The enquiry officer who conducted domestic enquiry submitted his report that the charges are proved. Accepting the findings, the disciplinary authority removed him from service. The petitioner-Appellant raised an industrial dispute in I.D.No.10667 of 1989 before the Industrial Tribunal challenging the proceedings unsuccessfully. Petitioner-Appellant again invoked the jurisdiction of this Court under Article 226 of the Constitution of India by filing Writ Petition No. 11844 of 1992. Learned single Judge found that it is not a matter wher...


Oct 21 1997

M.V. Reddy and anr. Vs. M.R.O. Chillakuru Mandal, Nellore Dist. and or ...

Court: Andhra Pradesh

Decided on: Oct-21-1997

Reported in: 1998(1)ALD753; 1997(6)ALT619

ORDER1. This writ petition is filed to call for the records relating to the proceedings F.Dis. 164/61/93 dated 31-8-1993, F.Dis. 164/61/95 dated 7-1-1995 resulting in the issuance of patta No. 1267 and 1397 in favour of Respondent Nos.3 and 4 by theRespondent Nos. 1 and 2 and to declare the said action of splitting up of pattas as illegal etc.2. The petitioners are the joint pattedars in palta Nos.45, 70, 166 and 206 coveringvarious S.Nos.56 to 61, 78, 79 admeasuring Ac. 149.63 cents of Thikkavaram village, Chillakum Mandal, Nellore District They are in joint possession of the said land and using the same for grazing the cattle. Their names were included in 10(1) adangal as possessors. While so, the Respondent Nos.3 and 4 purchased Ac.13.21 cents and Ac.8.00 from some of the joint palledars. Basing on the sale deeds, which were executed in their favour, applications are said to have been made to Respondent Nos.l and 2 by Respondent Nos.3 and 4 for incorporating their names in the reven...


Oct 21 1997

N. Sarada Mani Vs. G. Alexander and anr.

Court: Andhra Pradesh

Decided on: Oct-21-1997

Reported in: AIR1998AP157; 1997(6)ALT270

P. Ramakrishnam Raju, J.1. This is an application filed by the wife under Section 10 of the Indian Divorce Act (hereinafter referred to as 'Act') seeking divorce on the ground that her husband, the first respondent, is living in adultery with the second respondent and that he treated her with cruelty, beating her and threatening to kill her. The first respondent-husband, while admitting his marriage with the petitioner on 28-6-1989, denied that he received any dowry nor treated the petitioner with any cruelty. He also further denied that he had any illicit intimacy with the second respondent. He alleges that the petitioner herself deserted him two years back. Of course, he does not oppose the petition for divorce, but rests con tended by saying that because of the suspicious nature of the petitioner, he got vexed and therefore, he also prays the Court to pass a decree for divorce declaring dissolution of marriage between them. After filing the counter, he remained ex parte during the c...


Oct 21 1997

Union of India (Uoi) Rep. by General Manager, South Central Railway an ...

Court: Andhra Pradesh

Decided on: Oct-21-1997

Reported in: 1997(6)ALT529

ORDERD.H. Nasir, J.1. The General Manager, South Central Railway, Secunderabad has filed this Writ Petition No. 8425/96 seeking a Writ of Mandamus to be issued declaring as illegal the Award No. 3/95 dated 13-3-1995 of the Land Acquisition Officer/ 5 Revenue Divisional Officer, Tirupati and also for issuing a direction to the first respondent to allow the petitioner to make his representations in respect of the assessment of the market value of the land under acquisition to determine the compensation payable under the Land Acquisition Act on that basis.2. The land under acquisition comprises of Ac.4-87 of land in Tirupati behind railway station for construction of staff quarters at Tirupati.3. The proposition that the petitioner as the beneficiary of the land under acquisition is required to be heard by the concerned authority before awarding any compensation to the landowners, is seriously disputed not only by the land owners being respondents 2 to 12 but also by the first respondent ...


Oct 21 1997

Kurru Nooka Raju Vs. Kurru Vishnumurthy and anr.

Court: Andhra Pradesh

Decided on: Oct-21-1997

Reported in: 1998(1)ALT148

D.H. Nasir , J.1. This Civil Revision Petition is directed against the order passed in A.S. No. 27 of 1991 by the learned III Additional District Judge, Kakinada. The order directing issue of Succession Certificate by the learned III Additional- District Judge, Kakinada, is challenged in this Revision Petition.2. The grounds taken by the petitioner (Judgment-debtor) are briefly stated as follows:-That the execution of Will-Ex.A-1 alleged to have been executed by late Akkayamma was not genuine and the same was not proved beyond any reasonable doubt;That the evidence of R.W.I to the effect that the 1st respondent never looked after late Akkayamma duringher life time as also the allegation that the testator suffered from paralysis before her death and was not able to sec or speak or to do any work, was not taken into consideration by the appellate Court;That there was discrepancy in the evidence deposed by P.W.I inasmuch as P.W.I deposed in his examination-in-chief that Akkayyamma was abl...


Oct 20 1997

Tatineni Srinivas Rao Vs. State of A.P. and anr.

Court: Andhra Pradesh

Decided on: Oct-20-1997

Reported in: 1998(1)ALD173; 1997(2)ALD(Cri)880

ORDER1. A common question of law arises in all these three criminal petitions and hence, they are disposed of by this common order.2. The petitioners in all these criminal petitions purchased motor vehicles with the finance of the second respondent, M/s. Midwest Growth Fund Limited, and they entered into hire purchase agreements promising to pay the said amount in monthly instalments together with interest at 16% per annum and also executed promissory notes in favour of the second respondent. According to the second respondent, the petitioners failed to pay the monthly instalments regularly and thereby defaulted in payments and accordingly the second respondent is entitled to seize the vehicles and he deputed his representative to find out and verify the condition of the vehicles and he found that the vehicles were not available on an enquiry they came to know that the petitioners disposed of the vehicles and thus committed breach of trust and hence, liable for punishment under Section...


Oct 20 1997

S. Raghuramaiah Vs. Govt. of A.P. and ors.

Court: Andhra Pradesh

Decided on: Oct-20-1997

Reported in: 1998(1)ALD304; 1997(2)ALD(Cri)932; 1997(6)ALT625; 1998(1)ALT(Cri)439

ORDERP. Ramakrishnam Raju, J.1. This writ petition is field seeking for a direction to provide a gunman to the petitioner, as the Superintendent of Police, Kurnool failed to provide, in spite of several representations.2. The petitioner states that he is a staunch supporter of Congress - (I) parry since a long time, and had been a follower of late Madduru Subba Reddy, Ex.-Member of Parliament (MP) from Nandyal Constituency. One Sri Byreddy Rajasekhar Reddy, 16lh Respondent, a sitting Member of Legislative Assembly (MLA) from Nandikotkur Constituency was opposed to late Madduru Subba Reddy. In the last Assembly elections, the 16th respondent contested on Telugu Desam Party (TDP) ticket; while Congress (I) fielded one Gidda Reddy. While the petitioner was extending support to Gidda Reddy, the 16th respondent attacked him and also one Gouru Venkat Reddy at Kollabapuram village while they were canvassing for Congress - (I) candidate. After the said attack, gunman was provided to him. The f...


Oct 20 1997

T. Srinivasa Rao Vs. State of A.P. and anr.

Court: Andhra Pradesh

Decided on: Oct-20-1997

Reported in: 1998(2)ALD613; 1998(2)ALT(Cri)520

ORDER1. A common question of law arises in all these three criminal petitions and hence, they are being disposed of by this common order.2. The petitioners in all these criminal petitions purchased motor vehicles withthe finance of the second respondent, M/s.Midwest Growth Fund Limited, and they entered into hire purchase agreements promising to pay the said amount in monthly instalments together with interest at 16% per annum and also executed promissory notes in favour of the second respondent. According to the second respondent, the petitioners failed to pay the monthly instalments regularly and thereby defaulted in payments and accordingly the second respondent is entitled to seize the vehicles and he deputed his representative to find out and verify the condition of the vehicles and he found that the vehicles were not available and on enquiry they came to know that the petitioners disposed of the vehicles and thus committed breach of trust and hence, liable for punishment under Se...


Oct 20 1997

K. Dorai Vs. Union of India (Uoi) Rep. by the Secretary, Banking and o ...

Court: Andhra Pradesh

Decided on: Oct-20-1997

Reported in: 1997(6)ALT661

ORDERT.N.C. Rangarajan, J.1. This Civil Revision Petition seeks a direction to quash the proceedings in O.A.No. 52/1995 before the second respondent-Debts Recovery Tribunal.2. The 3rd respondent namely Bank of India had filed the above Original Application (O. A.) before the Tribunal for recovery of debt of Rs. 49 lakhs and odd due from M/s. Sri Krishna Tube Wells and Drillers, Chittoor, first defendant in the application. The petitioner was the guarantor, and was imp leaded as second defendant in the O.A. According to the petitioner there was improper scrutiny of the application which was required to be typed in double space at one side of the paper under Rule 3(2) of the Debt Recovery Tribunal (Procedure) Rules, 1993 (for short 'the Rules') and translated copies of the documents other than Hindi and English were not furnished. According to the petitioner under Rule 5(3) of the Rules the Registrar has to point out the defects and grant 15 days time to rectify the defects, and if the d...


Oct 20 1997

Narendra Luther Vs. State of Andhra Pradesh, Rep. by Chief Secretary a ...

Court: Andhra Pradesh

Decided on: Oct-20-1997

Reported in: 1997(6)ALT504

P. Ramakrishnam Raju, J.1. The former Chief Secretary of the State is the appellant. He is a resident of Road No. 12, Banjara Hills, Hyderabad, and is leading a peaceful retired life evincing interest in literary and cultural pursuits. Himself and his neighbours were being disturbed round the clock with loud noise emanating from the foot of Banjara Hills area within the jurisdiction of Humayun Nagar Police Station. On his complaint, one of the Police Officers from the said Police Station visited him to ascertain where the noise was coming from and thereafter the noise stopped for some time. Again after a few days, noise started in a very loud manner so as to disturb the entire neighbourhood. On 12-10-1995 the petitioner contacted Humayun Nagar Police and complained to the Sub-Inspector of Police, who is the third respondent. But, as there was no relief, the petitioner again contacted the third respondent in the afternoon and the third respondent, instead of taking action, quipped that ...


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