Andhra Pradesh Court November 1997 Judgments
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Tadepalligudem Municipality Vs. Sri Rama Mandira Gram Seva Sangham, Ta ...
Court: Andhra Pradesh
Decided on: Nov-13-1997
Reported in: 1998(4)ALD413a; 1998(1)ALT127
1.The first defendant -Tadepalligudem Municipality by its Commissioner, Tadepalligudem, West Godavari district in O,S. No.432 of 1976 on the file of Principal District Munsif, Tadepalligudem, is the appellant in this second appeal.2. The suit O.S. No. 432 of 1976 filed by first and second respondents--1. Sri Rama Mandira Gram Seva Sangham, registered Society Tallamudunurupadu, represented by its Secretary and 2. Satti Surireddi respectively '-- for declaration that they are owners of three tanks called: 1. Mutyalamma Cheruvu situated in R.S.No.15; (2) Battuvani Gunta and (3) Harijanavada Cheruvu, both are situated in R.S. No.79 of Tallanuidunurupadu village and for perpetual injunction restraining the appellant and another from interfering with the rights, possession and enjoyment of the first and second respondents over the above three tanks, has been dismissed by the trial Court after an elaborate consideration of the matter. The trial Court held that the plaintiffs had not made out ...
Special Deputy Collector (Land Acquisition Officer), Railways Vs. K. R ...
Court: Andhra Pradesh
Decided on: Nov-13-1997
Reported in: 1998(2)ALT31
D.H. Nasir, J.1. The appellant in this appeal under Section 54 of the Land Acquisition Act (for short' the Act') is the Special Deputy Collector (Land Acquisition Officer), Railways, Nalgonda. The Judgment and decree of the Court of the Subordinate Judge, Nalgonda in O.P. No. 114 of 1983 dated 30-4-1985 is challenged in A.S. No. 2793 of 1985.2. The grounds taken by the appellant in A.S. No. 2793/1985 are briefly as follows :-(1) That the enhancement of compensation to Rs. 10/- per square yard from the rate of compensation awarded by the Land Acquisition Officer ranging from Rs. 1,850/- to Rs. 2,775/- per acre was abnormal and unreasonable;(2) Reliance placed on Exs. A-2 to A-4 which were brought into existence subsequent to Section 4(1) notification was not legal and proper;(3) The lower Court ought to have seen that Exs. A-2 to A-4 besides being the got up documents were also not comparable sales having regard to the fact that the same were consisting of small extents of land;(4) A gr...
Provident Fund Inspector, Guntur Vs. Chirala Co-operative Spinning Mil ...
Court: Andhra Pradesh
Decided on: Nov-12-1997
Reported in: 1998(1)ALD(Cri)168; 1998(1)ALT(Cri)232; 1998CriLJ1690
ORDER1. This batch of Appeals have been filed by the provident Fund Inspector, Guntur against the order passed by the 1st Addl. Munsif Magistrate, Chirala in the respective calender cases on different dates acquitting the respondents herein of the charges under section 14(2), 14(A) and 14(A)(2) of Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred as 'the Act'). The parties in all these appeals being the same and the orders were also passed by the same Magistrate for different periods for non-payment of provident fund contributions by the respondents, the petitioner herein launched seperate prosecutions under the above provisions of the Act. The Magistrate acquitted the respondents by holding that there is no mens rea on the part of the accused in not paying the contributions and the contributions could not be paid because of the circumstances prevailing then in the mill in question are beyond their control i.e., the mill was running in huge losses. ...
D. Aswatha Reddy and ors. Vs. Govt. of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-12-1997
Reported in: AIR1998AP174; 1998(1)ALT764
R. Bayapureddy, J.1. This writ petition is filed questioning the validity and legality of G.O. Ms. No. 87, Law (LA & J Courts A) Department dated 20-3-1997 issued by the first respondent which is ihe Government of Andhra Pradesh in consultation with the second respondent, which is the High Court of Andhra Pradesh, by which the Revenue Mandal of Gorantla in Ananthapur District was deleted from the jurisdiction of the District Munsif, Hindupur and included in the jurisdiction of the District Munsif, Penugonda.2. The petitioners, who are ten in number, are residents of Gorantla Mandal functioning in various capacities such as President and Vice-President of Gorantla Mandal, Praja Parishad, Sarpanches of some Gram Panchayats, President of Gorantia Primary Agricultural Co-operative Society, etc. The Revenue Mandal of Gorantia was previously within the jurisdiction of the District Munsif and Subordinate Judge's Court at Hindupur. The first respondent, which is the State of Andhra Pradesh, is...
Yeluri Vijayabharathi and ors. Vs. Yeluri Manikyamma and ors.
Court: Andhra Pradesh
Decided on: Nov-12-1997
Reported in: 1998(2)ALT623
B.K. Somasekhara, J.1. Heard on merits.2. Strictly speaking no question of law is involved in this case. The appellants who are the plaintiffs 2 to 4 in O.S. No. 261 of 1986 on the file of the Principal District Munsif, Parchur and respondents in A.S. No. 20 of 1995 on the file of the learned Subordinate Judge, Parchur have challenged the Judgment and decree of the learned Subordinate Judge, Parchur allowing the appeal filed by the respondents dated 28-2-1997 as against the judgment and decree of the learned Principal District Munsif, Parchur dated 21-3-1991. Reference to the parties in the status they occupied in the first Court would be convenient as plaintiffs and defendants. The plaintiffs filed a suit for permanent injunction restraining the defendants from interfering with their possession and enjoyment of the suit schedule property to an extent of Ac.3.35 cts. described in plaint schedule which they deciphered as Plot No. A in the suit plan. The defendants resisted the suit. A t...
Smt. Gomathi and ors. Vs. Municipal Corporation of Hyderabad, Rep. by ...
Court: Andhra Pradesh
Decided on: Nov-12-1997
Reported in: 1998(1)ALT760
Syed Shah Mohammed Quadri, A.C.J.1. The petitioners in W.P. M.P. No. 28239 of 1997 in W.P. No. 24224 of 1997, are the appellants in this Writ Appeal which is directed against the interlocutory order dated 28-10-1997 passed by the learned single Judge of this Court.2. The appellants applied to the first respondent/Municipal Corporation of Hyderabad, represented by its Special Officer, Lower Tank Bund, Hyderabad, for sanction of the plan for the proposed construction of a multi- storeyed building by giving notice under Section 438 of the Hyderabad Municipal Corporations Act, 1955 (Act No. II of 1956) (for short 'Act 1955') on 18-6-1997. The second respondent-Chief City Planner, Town Planning Section, Municipal Corporation of Hyderabad, Hyderabad, by letter No. 151 / TP3/CCP No. 2124 dated 17-9-1997 requested the appellants to remit a sum of Rs. 1,20,419-00 under various heads. There is no dispute with regard to the payment of the said amount in these proceedings. It is further stated in ...
M.A. Nayeem Farooqui Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Nov-11-1997
Reported in: 1998(1)ALD103; 1998(1)ALD(Cri)146
ORDER1. For all appearances this was an ordinary bail application presented on 13-2-1997. The unusual fact that caught the eye when it came up on 14-2-1997 was that the petitioner, M.A. Nayeem Farooqui, was in a mental hospital at that time.2. It was alleged that he was an accused in Crime No. 14 of 1997 of P.S., Abid Road, Hyderabad for offence under Section 354 JPC on a false complaint lodged by one Mrs. Surayya Jabeena that he abused her, caught hold of her hand and threatened to pull her sari. It was stated that he was arrested and was in jail since 16-1-1997, and that the entire investigation was over and statements of witnesses were recorded and charge-sheet was to be filed, but that he was forcibly sent to the mental hospital and was lodged in the prisonward. He moved Criminal M.P.No.181 of 1997 before the V Additional Sessions Judge for bail, but the same was dismissed on 7-2-1997. He sent telegrams to the Honourable the Chief Justice of this Court on 3-2-1997 stating that he w...
T. Ponnuru Shyamala Reddy and ors. Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Nov-11-1997
Reported in: 1998(1)ALD252; 1998(1)ALD(Cri)163; 1998(1)ALT(Cri)321
ORDER1. This revision is filed against the order dated 21-3-1996 in SC No.188 of 1992 on the file of the Additional Sessions Judge, Nellore.2. The facts in giving rise to Ihe filing of this revision are, briefly, as follows :3. The Inspector of Police, Kavali Police Station filed charge sheet in Cr.No. 18/ 92 of Kavali Police Station alleging that the deceased Venkata Narasa Reddy and the accused worked in Leo Bar, Kavali, run by Ponnuru Ramachandra Reddy and his brother and it is further alleged that the accused murdered the deceased Venkata Narasa Reddy on the intervening night of 22/23-2-92 and the dead body was found in the Bar premises of P. Ramachandra Reddy and the case in SC No.188/1992 was committed and the learned Sessions Judge framed charges against the accused. On behalf of prosecution 9 witnesses were examined as PWs.1 to 9 and Exs.Pl to P17 were marked and the case was posted for judgment on 12-1 -1996. The Public Prosecutor filed a memo praying to recall PW7 and the sai...
Pokala Polaiah Vs. Pokala Avulaiah and anr.
Court: Andhra Pradesh
Decided on: Nov-11-1997
Reported in: 1998(1)ALD251; 1998(1)ALT92
ORDER1. Heard both sides.2. The order of the learned subordinate Judge, Markapur in I.A.No.957 of 1997 in A.S.No.11 of 1997 dated 29-8-1997 is challenged. Petitioner is the respondent in the appeal whereas respondents are the appellants. Two suits were filed by each of the petitioner and respondents. The suit of the respondents in OS No.65 of 1991 was dismissed whereas the suit of the petitioner in OS No.76 of 1991 was decreed by the common judgment of the learned District Munsif, Podili dated 2-4-1997 for permanent injunction in regard to the suit schedule property. In Appeal, stay of the operation of the judgment and decree was sought for. The impugned order is short and small and reads as follows:'Counter not filed and requests for further time, rejected. It is represented that item No.7 in AS No.9/97 on the file of the Court is the same item as item No. 1 in this appeal. The Court granted stay in IA No.415/97 in AS 9/97 for all the items in the schedule in that appeal on 28-4-97 an...
Singareni Colleries Co. Ltd. and ors. Vs. Kunamalla Pochaiah and ors.
Court: Andhra Pradesh
Decided on: Nov-11-1997
Reported in: 1998(1)ALD247; 1998(1)ALT90
ORDERSyed Shah Mohammed Quadri, Acting CJ1. The respondents herein filed W. P.No. 21414/94 claiming a writ of mandamus directing the respondents-appellants to treat them as land losers in terms of G.O.Rt.No.424, Energy, Forests, Environment, Science and Technology (PR-I) Department, dated 15-7-1988, as certified by the fourth respondent.2. The Government of Andhra Pradesh framed scheme under which the Company or the Corporation at whose instance the lands were acquired, were obliged to provide job to the land-oustees. In the case of the appellants, the lands of the respondents were acquired by issuing notification under Section 4(1) of the Land Acquisition Act on February 4, 1988 and on February, 24, 1988; the awards were passed on June 3, 1988 and March 17, 1990.3. Noticing that the provisions of the G.O. were misused, the Government prescribed the criteria for purposes of determining the land-ouslees in GO.Ms No.310 dated 11-11-1991. For purposes of implementing the scheme, the appel...
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