Andhra Pradesh Court November 1997 Judgments
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State of Andhra Pradesh Represented by District Collector, Nellore Vs. ...
Court: Andhra Pradesh
Decided on: Nov-07-1997
Reported in: 1998(1)ALT324
ORDERKrishna Saran Shrivastav, J. 1. This revision is directed against the order passed by the Subordinate Judge, Kovvur, in O.P. 63/92, dated 28-7-1994, whereby the panel arbitrators have been directed to adjudicate the dispute afresh giving opportunity to both sides. 2. Briefly stated, the facts which are no longer in dispute before me are that the respondent was entrusted with the work of execution of North Feeder Channel from K.M. 1.60 to 5.6 of Somasila Project by the Superintending Engineer, Somasila Project, Nellore and the agreement was executed vide agreement No. 9/SE/77-78. There was a term in this agreement that in case of dispute, the matter could be referred to the arbitration of the Chief Engineer, P.W.D. (R&D;), Deputy Secretary to the Government, Finance and Planning Department and the Director of Accounts, Sriramsagar Project. The respondent-Contractor, alleging that correct measurement was not done and he was entitled to claim more amount from the Superintending Engin...
State of Andhra Pradesh Vs. Chevireddi Venkatakrishna Reddy
Court: Andhra Pradesh
Decided on: Nov-07-1997
Reported in: 1998(1)ALD613
ORDER1. This revision is directed against the order passed by the SubordinateJudge, Kovvur, in OP 63/92, dated 28-7-1994, whereby the panel arbitrators have been directed to adjudicate the dispute afresh giving opportunity to both sides.2. Briefly stated, the facts which are no longer in dispute before me are that the respondent was entrusted with the work of execution of North Feeder Channel from Km 1.60 to 5.6 of Somasila Project by the Superintending Engineer, Somasila Project, Nellore and the agreement was executed vide agreement No.9/SE/77-78. There was a term in this agreement that in case of dispute, the matter could be referred to the arbitration of the Chief Engineer, PWD (R&B;), Deputy Secretary to the Government, Finance and Planning Department and the Director of Accounts, Sriramsagar Project. The respondent-contractor, alleging that correct measurement was not done and he was entitled to claim more amount from the Superintending Engineer for the work done, referred the dis...
Advocate General, Andhra Pradesh, Hyderabad Vs. S.N.A. Nazareth
Court: Andhra Pradesh
Decided on: Nov-07-1997
Reported in: 1998(3)ALD595; 1998(2)ALT500
ORDERY. Bhaskar Rao, J.1. This Contempt case is taken on file on the basis ofthe contempt petition filed by the Advocate General, Andhra Pradesh, Hyderabad to punish the respondent for contempt of Court under Sections 10 - 12 of the Contempt of Courts Act read with Section 2(c) of the Act. It is complained that the respondent contemner wrote a representation to the Hon'ble Chief Justice of Andhra Pradesh High Court which was received in this Court on 14-5-1996 stating that the then Chief Judge, City Civil Court, Hyderabad got his (contemner's) property demolished acting without jurisdiction and taking law in his own hands.2. In the representation, the respondent stated that he is the owner of the property situate at Kotla Akbhar Jah, Hyderabad bearing No.22-7-364/1 adjacent to the premises of the City Civil Court, Hyderabad and he was having a small structure in the said place. It is complained that on 13-5-1996 the men chief Judge, City Civil Court ordered demolition of the structures...
Thanthama and ors. Vs. Union of India and ors.
Court: Andhra Pradesh
Decided on: Nov-06-1997
Reported in: 1998(1)ALD209
ORDERY. Bhaskar Rao, J.1. The writ petitions are filed to declare Rule 85(3) of the Central Motor Vehicles Rules, 1989 as unconstitutional and void and to direct the respondents not to enforce the said rule against the petitioners.2. The petitioners hold All India Tourist bus permits issued under Section 63(7) of the Motor Vehicles Act, 1939 by the fourth respondent The Central Government allowed certain All India permits to be granted by each of the States in the Union of India. There is certain quota of All India Tourist permits to be granted by each State for the purpose of promoting free flow of passenger transport vehicles throughout the territory of India andthe permit granted by one State is operative in other States without there being any requirement of counter-signature of those Stales. By virtue of the power provided under (sic Section 88(11)(iii) of Motor Vehicles Act, 1988 corresponding to) Section 63(1)(iii) of the Motor Vehicles Act, 1939, the Central Government framed t...
T. Bhopal Reddy and anr. Vs. K.R. Lakshmi Bai and anr.
Court: Andhra Pradesh
Decided on: Nov-06-1997
Reported in: 1998(1)ALD770; 1998(1)ALT292
ORDERP. Venkatarama Reddi, J. 1. This appeal arises out of the order passed by the Subordinate Judge, Nizamabad, in I.A.No.714 of 1994 in O.S.No.51 of 1994 rejecting the application for appointment of Receiver for some of the suit schedule properties i.e., a. cinema theatre, known as 'Kamal Talkies', a godown let out to F.C.I, and a building bearing No.3-1 -10 which is let out to various tenants.2. It is the case of the appellants that the second appellant is the daughter of late Sri K.R. Raja Reddy and the first appellant is the husband of the second appellant. The first and second respondents are wife and daughter of late Raja Reddy respectively. The second appellant claims l/3rd share in the properties held by Raja Reddy. The second plaintiff (2nd appellant) as the daughter and the first plaintiff (1st appellant) as the illatom-son-in-law are claiming 3/5th share over the properties. The defendants-respondents have disputed the relationship of the 2nd appellant to late Raja Reddy. I...
Katta Latha Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Nov-06-1997
Reported in: 1998(1)ALT284
ORDERD. Reddeppa Reddi, J.1. The only point for consideration in this writ petition is whether a revision would lie to Collector under Clause 18 of the Andhra Pradesh Scheduled Commodities (Regulation of Distribution by Card System) Order, 1973 (for short 'the order') against the order passed by the Joint Collector under Clause 17 (1) (i) of the Order. For proper appreciation of the point at issue, it would be profitable to extract Clauses 17 and 18 of the Order. They read as under.' 17. Appeal:(1) Any person aggrieved by any Order passed by the appointing authority under C1.3 may, within thirty days from the date of receipt by him/her of such order, appeal against such order, where it is passed by-(i) the Revenue Divisional Officer or the Sub-Collector (or the Joint Collector in the Districts) (sic.) or the District Supply Officer (City) having jurisdiction over the area in respect of the Visakhapatnam . City (Inserted by G.O.Ms. No. S-92 F &A; (CS-II) dt. 17th September, 1990 with ef...
A.P.S.R.T.C., Rep. by Its Managing Director Vs. State Transport Appell ...
Court: Andhra Pradesh
Decided on: Nov-06-1997
Reported in: 1998(1)ALT242
ORDERY. Bhaskar Rao, J.1. The Andhra Pradesh State Road Transport Corporation (A.P.S.R.T.C.) has filed this writ petition assailing the order of the State Transport Appellate Tribunal (S.T.A.T.) by which the appeal of the third respondent herein was allowed granting permit to the third respondent to ply the bus on the modified town service route from old bus stand in Bhimavaram town to Lesari.2. The facts of the case are as follows: The third respondent filed an application for grant of pucca stage carriage permit to ply the bus on town service route in Bhimavaram town. The route course is from Bhimavaram new bus stand to Lesari via Gollavanitippa, Gundlapadurevu and Barrivanipeta. After his application is filed before the Regional Transport Authority the second respondent herein, called for the report of the Motor Vehicles Inspector. The Motor Vehicles Inspector gave report stating that the total length of the route in 20.4 K.Ms, within municipal limits 5.5 K.Ms, and beyond municipal ...
S. Srihari Vs. Principal, Regional Engineering College, Warangal and o ...
Court: Andhra Pradesh
Decided on: Nov-05-1997
Reported in: 1998(3)ALD649
1. The petitioner joined service in the Regional Engineering College, Warangal as P.A. to the Principal of the College on 54-1965 in the pay scale of Rs.180-350. There are two sets of Engineering Colleges in the State. One set of colleges are the Government Colleges and the college in which the petitioner was working is a college created by a Society. The petitioner submits that when he joined service there were no posts of Personal Assistants in the State Government Engineering Colleges. The Government created the posts in its own Engineering Colleges with effect from 1-7-1965 in the pay scale of Rs.35G-850. A Government Order was passed on 27-4-1967 by which rules for recruitment to the said posts were made. These rules came into force from 1-7-1965. These posts were described as temporary posts, but, according to the petitioner, they are continuing.2. The controversy is very short. The petitioner was working in Regional Engineering College as Personal Assistant and he wants parity o...
Anukonda Mahalaxmi Vs. State of Andhra Pradesh Rep. by Its Secretary, ...
Court: Andhra Pradesh
Decided on: Nov-04-1997
Reported in: 1998(1)ALD258
ORDER1. The writ petilion is filed seeking declaration that the action of the respondents in not paying the compensation amount of Rs.12,123.07ps. in O.P.No.18/84 to the extent of the share held by the petitioner in respect of the land acquired for public purpose as illegal and arbitrary and for consequential directions.2. The petitioner, who is an octogenarian filed the writ petition stating that she is the owner of Ac. 1-30 cenls in S.No.56/2A of Arallakatta village, Karapa Mandal, East' Godavari District. The land was acquired and the award was passed on 9-4-1983 in Award No. 1/93. Thereafter, the Land Acquisition Officer referred the matter to the civil Court under Section 31(2) of the Land Acquisition Act. A sum of Rs.24,265/- was deposited before the learned subordinate Judge in O.P. No. 18/1984. The learned subordinate Judge by an order dated 9-11-1984 held that the petitioner is entitled for a sum of Rs.12,123.07ps. towards her share. It is the case of the petitioner that she d...
Bhagwan Premchandani Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Nov-04-1997
Reported in: 1998(1)ALD494; 1998(1)ALD(Cri)41; 1998(1)ALT(Cri)110
ORDER1. This criminal petition is filed under Section 482 of the Criminal Procedure Code for quashing the order of the V Metropolitan Magistrate, Hyderabad in Crl.M.P.No.1469 of 1997 in C.C.No.714 of 1996 filed for dispensing with the presence of the petitioner-accused under Section 317 of the Criminal Procedure Code and in issuing the Non-bailable Warrant for securing his presence. 2. It is the case of the petitioner that in pursuance of the summons received by him, he requested his Counsel to file an application for dispensing with his presence for that day as he was otherwise busy. But, the learned Magistrate dismissed the application and issued N.B.W. 3. I have already taken a view that the trial Court can proceed with the case without insisting for the presence of the accused vide Crl.M.P.Nos.4424/97 and 4422/97 dated 29-10-1997. Further, the action of the Magistrate in issuing N.B.W. having dismissed the application filed for dispensing with his presence cannot be appreciated by ...
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