Andhra Pradesh Court November 1997 Judgments
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Avadurthi Rajamalla and anr. Vs. Avardurthi Hanumanthu and anr.
Court: Andhra Pradesh
Decided on: Nov-14-1997
Reported in: 1998(1)ALD183; 1997(6)ALT679
ORDER1. This revision has been filed against the order dated 8-9-1997 in LA.No.171 of 1997 in O.S.No.86 of 1990 on the file of the District Munsif, Yellandu.2. Mr. Prasad, learned Counsel for the petitioners, submits that the petitioners who are the defendants in the suit, filed an application before the trial Court under Order 13, Rules 1 and 2 C.P.C. to receive the xerox copies of stamp agreement dated 11-12-1982 andpaper agreement dated 27-9-1987 by condoning the delay in filing the same and the trial Court illegally rejected the application.3. It is submitted that the original suit has been filed in the year 1990 for ejectment of the plaintiffs (sic defendant) from the suit property, which is said to be 'barber' shop. In the affidavit filed in support of the application before the trial Court, it is stated that the documents being filed are xerox copies which were handedoverto petitioner's brother-in-law by name Jampala Satyam for safe custody, and he had misplaced them all these y...
Kamma Bapuji and ors. Vs. Station House Officer, Brahamasamudram and a ...
Court: Andhra Pradesh
Decided on: Nov-14-1997
Reported in: 1997(6)ALD583; 1998(2)AnWR55; 1998(1)APLJ20; 1998CriLJ1888
ORDER1. The petitioners in the instant writ petition pray for issuance of an appropriate, particularly one in the nature of Writ of Mandamus declaring the action of the respondents in opening rowdy sheet against the petitioners as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and ultra vires the Police Standing Orders. 2. The petitioners herein were involved in Cr. No. 33/94 of Brahamasamudram Police Station registered under sections 147, 148, 324, 355, 452 r/w 149 I.P.C. They were also accused in another Crime No. 22/94 of the same Police Station under sections 302 read with 34, I.P.C. Both the cases were subsequently registered as C.C. No. 28/95 and S.C. No. 173/95 and after trial all the petitioners were acquitted by judgments dated 5-8-1996 and 10-6-1996, respectively. 3. Admittedly, there are no other cases either registered or pending against the petitioners. The said crimes were registered against the petitioners on 6-10-1994 and 16-12-1994....
C. Balakrishna Vs. State of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Nov-14-1997
Reported in: 1998(4)ALD349; 1998(2)ALD(Cri)142; 1997(6)ALT581
ORDER1. This writ petition raises important constitutional questions forconsideration regarding the jurisdiction, extent and the mode of exercise of power of clemency by the Governor under Article 161 of the Constitution of India.2. The petitioner was working as a Deputy Special Commissioner in the office of the Special Commissioner, Government of Andhra Pradesh at New Delhi. He is a native of Tirupathi Town and while on leave, he was on a visit to that place on 8-6-1982. On the said date, he went to the Main Branch of the Andhra Bank, a Nationalised Bank, where he had Savings Bank Account No.6637 to encash a draft for Rs.1,800/-, which was his leave pay, issued by the Government of Andhra Pradesh. He was paid 18 one hundred rupee notes by the concerned Cashier and on receipt of the same, he left the Bank. 20 minutes after his exit, the Manager and the Cashier accompanied by some employees of the Bank came to the petitioner's house and alleged that the Cashier had paid Rs.8,100/- by mi...
Palle Venkatesham Vs. Central Bank of India
Court: Andhra Pradesh
Decided on: Nov-14-1997
Reported in: 1998(1)ALT308
ORDERT. Ranga Rao, J.1. This revision is filed against the order dated 20-9-94 in E.A. No. 15 of 1988 in E.P. No. 13 of 1988 in O.S. No. 299 of 1975 on the file of the Subordinate Judge, Medak.2. The learned Counsel for the petitioner submitted that the respondent obtained a decree in O.S. No. 299 of 1975 on the file of the IV Addl. Judge, City Civil Court, Hyderabad on 20-4-1976 and he filed EP for execution of the decree and it was sent to the Subordinate Judge, Medak on 22-4-1988 and the petitioner/J.Dr. filed E.A. No. 15 of 1988 contending that the said E.P. was barred by limitation. He further submits that the learned Subordinate Judge, without assigning any reasons, dismissed the said application, and as the E.P. is filed beyond 12 years, it is barred by limitation and requested to set aside the same.3. But the learned Counsel for the respondent submitted that the decree was obtained on 20-4-1976 and as the E.P. was filed on 18-4-88, it is not barred by limitation and the learned...
C. Dayakar Reddy and Others Vs. District Collector-cum-chairman, the W ...
Court: Andhra Pradesh
Decided on: Nov-14-1997
Reported in: 1998(4)ALD705
1. The petitioners in the instant writ petition pray for issuance of an appropriate writ particularly one in the nature of Writ of Mandamus declaring the action of the respondents in constituting the Watershed Committee of Ternikal village, Kalwakurthy Mandal, Mahabubnagar district by order as published in the press dated 5-2-1997 as illegal, arbitrary and unconstitutional. The petitioners also pray for issuance of necessary consequential direction to the respondents to constitute the Watershed Committee in accordance with Rule 4.13 of Rules by constituting Gramasabha and in accordance with Rule 4.14 of the Rules.2. All the petitioners herein are the residents and agriculturists of Tarnikal village. They are aggrieved by the action of the respondents in constituting the executive body of Watershed Committee for the village Tarnikal 3. It is required to notice that the Central Government and the State Government with a view to develop sub-soil water (sic resources) launched a scheme cal...
Land Acquisition Officer and Revenue Divisional Officer Vs. P. Narasim ...
Court: Andhra Pradesh
Decided on: Nov-14-1997
Reported in: 1998(6)ALD581; 1998(1)ALT88
ORDERN.Y. Hanumanthappa, J 1. Aggrieved by the enhancement of compensation by the learned Subordinate Judge, Puttur in OP No.5 of 1990, the Land Acquisition Officer-Revenue Divisional Officer has preferred this appeal. 2. The facts of the case in brief are as follows: The lands of the respondents herein were acquired by the Government after issuing Notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as 'the Act') and the Land Acquisition Officer awarded compensation at the rate of Rs.2,06,154/- per acre. The claimants-respondents aggrieved by the same sought reference to the Civil Court under Section 18 of the Act. The Civil Court while recording oral evidence of RWs.l to 8 adduced on bchalfof the claimants, marked Exs.Bl to B9; on behalf of the appellant Exs.Al to A6 were marked. After elaborate consideration of the matter at length, awarded compensation at the rate of Rs.4,700/- per cent which conies to Rs.4,70,000/- per acre along with other statutor...
New India Assurance Company Ltd., Rep. by Its Divl. Manager, Dwarakana ...
Court: Andhra Pradesh
Decided on: Nov-13-1997
Reported in: 1998(1)ALD394; 1997(6)ALT540
1. This appeal is filed by the Insurance Company which is the second respondent in MAOP No. 15 of 1989 on the file of the District Judge-cum-Chairman, Motor Vehicle Accident Claims Tribunal, Visakhapatnam questioning the award dated 27-7-1989 by which compensation was awarded to the claimants against the owner of the vehicle as well as the appellant/ Insurance Company.2. Respondents 1 to 3 herein are the claimants, 4th respondent herein is the owner of the lorry while the appellant herein is the second respondent in the said O.P. with which the above said lorry is said to have been insured by the time of accident. Claimants 1 and 2 are the parents and the third claimant is the minor brother of the deceased Demudu who was working as labourer under the owner of the lorry and who was travelling in the said lorry on 23-5-1986 when the lorry met with the accident and the deceased received injuries and died on account of such injuries subsequently. The claimants filed the O.P. seeking compen...
Editor, Eenadu Vs. S.H.O. and ors.
Court: Andhra Pradesh
Decided on: Nov-13-1997
Reported in: 1997(6)ALT278
ORDERY. Bhaskar Rao, J.1. This is a writ petition taken on file on the basis of newsitem in Eenadu of Ananthapur Edition dated 19th and 20th September, 1997 stating therein that the police, during the course of investigation in the murder case of one Suryanarayana, took many people into custody from the nearby villages of Akkannapalle etc., Tadipatri Mandal, Ananthapur District, and let off some people on paying huge amounts and kept some of them in illegal custody and harassed them when they refused to oblige the demand of the police. One person by name Obulesu was called to the police station for interrogation and when he refused to oblige the police, he was beaten black and blue and ultimately he died. The people of Tadipatri observed Bandh due to the death of said Obulesu.2. The writ petition was admitted and notice issued. The Investigating Officer in Crime No. 104 of 1997 registered under Section 302 IPC of Tadipatri Rural Police Station, filed counter-affidavit stating therein t...
K. Chandrakant Navaratan Vs. Sharada Bai
Court: Andhra Pradesh
Decided on: Nov-13-1997
Reported in: 1997(6)ALT367
ORDERN.Y. Hanumanthappa, J.1. These revision petitions are filed aggrieved by the order of the Chief Judge, City Small Causes Court, dated 29-4-1997 passed in R.A.Nod. 27 of 1994 and 28 of 1994.2. Brief facts of the case are that the petitioner herein is the tenant of the house bearing No. 21-2-131/8 and 21-2-131-7, situate at Charminar, Hyderabad. Against the order passed by the II Additional Rent Controller, Hyderabad in R.C.Nos. 1030 of 1987 and 1031 of 1987 an appeal was preferred 45 by the landlady. On appeal, the appellate judge allowed the appeal holding that the order passed by the Rent Controller, Hyderabad permitting the respondent/tenant to deposit the rents is not sustainable under law as there was agreement between the parties to enhance the rent at the rate of Rs. 1200/- per month from 1-9-1987. Against the order of the appellate Judge, the present revision is filed by the petitioner/tenant stating that he never agreed for enhancement of rent at the rate of Rs. 1200/- per...
Akkaramani Simhachalam and ors. Vs. B. Pydayya and ors.
Court: Andhra Pradesh
Decided on: Nov-13-1997
Reported in: 1997(6)ALT824
ORDERKrishna Saran Shrivastav, J.1. Defendants 1, 2 and 7 are the appellants.2. The facts giving rise to this second appeal in brief are that the first respondent-plaintiff had filed the suit against the appellants and the other respondents for declaration of title and possession alleging that in pursuance of the agreement to purchase the property in suit through Ex. A-l, dated 8-5-64, he had leased out the same to defendant No. 6 through Kadapa Ex. A-4 dated 7-2-1968 for a period of five years and thereafter had obtained the release deed Ex. A-5 through letter dated 27-5-73. After the surrender of lands, he started ploughing the suit lands. While so, on 30-5-1973 the appellants and other respondents disturbed his possession. Therefore, he had to file suit in O.S.No. 62/73 on 6-6-1973 for permanent injunction restraining them from disturbing his possession; but the suit was dismissed as the first respondent had failed to establish his possession on the date of the suit. Thereafter, the...
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