Andhra Pradesh Court December 1997 Judgments
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Kalasagaram (Regd.) Secunderabad Cultural Association Vs. State of And ...
Court: Andhra Pradesh
Decided on: Dec-30-1997
Reported in: 1998(1)ALD595; 1998(1)ALT212
ORDERA. S. Bhate, J. 1. Writ Appellant herein is the writ petitioner, who tost in W.P.No.12923 of 1996.2. The appellant is a Cultural Association duly registered and came into existence in 1967. The appellant requested the second respondent to grant some land for erecting an Auditorium for purposes of promoting Fine Arts i.e. music, dance, drama and oiher cultural activities. The second respondent accordingly granted land admeasuring 4,280 Sq. yards by a registered lease deed of 17-7-1982 in favour of the appellant. The identity of the land is not in dispute. The lease was for a period of thirty years. The appellant claims that it was put in possession of the said land at the time of execution of the lease deed. Entire lease amount was paid in advance. The lessee permitted construction of Auditorium on the land subject to certain conditions of payment of taxes etc. In 1987 an application was made for construction of Auditorium. The second respondent directed the appellant to deposit Rs...
P. Bharathi and ors. Vs. State of Andhra Pradesh Rep. by Its Secretary ...
Court: Andhra Pradesh
Decided on: Dec-30-1997
Reported in: 1998(2)ALT385
ORDERS.V. Maruthi, J.1. This writ petition is filed for a declaration declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioners' property over an extent of Acs. 1.20 cents in Survey No. 479/1 of Tirupati Accounts, Tirupati Urban Mandal, Chittoor Dist. And proceedings of the fourth respondent dated 17-5-97handling over the land to the police department and the action of respondents 5 to 9 in demolishing the compound wall and causing damage to a tune of rupees one lakh to the petitioners as illegal, arbitarary etc. The facts of the case in brief are as follows:The petitioners purchased Acs. 1.20 cents in S. No. 479/1 of Tirupati village Accounts under various sale-deeds dated 23-1-95, 5-1-97, 5-2-97, 29-3-97 and 13-3-97. This land purchased by the petitioners forms part of an extent of Ac. 1.50 cents which was accordingly assigned in favour of Ex. Serviceman A.V. Balakrishna Reddy on 9-9-1978. He continued in possession pursuant ...
S. Venkata Subbamma Vs. Vice Chairman and Managing Director, Apsidc Lt ...
Court: Andhra Pradesh
Decided on: Dec-29-1997
Reported in: 1998(1)ALD699; 1998(2)ALT47
ORDER1. The petitioner, claiming to be the wife of one Brahmachary, who diedin harness in the respondent-Corporation on 11-1-1997, filed an application for compassionate appointment, as an Attender or in any other suitable post, since the death of the sole earning member left her and her family in dire consequences. Since the petitioner was not considered for such appointment on compassionate grounds, the petitioner approached this Court by way of this writ petition.2. While admitting the writ petition an ad interim direction was issued by this Court by order dated 1-8-1997 directing the respondents to consider the case of the petitioner for compassionate appointment.3. The respondents without complying with the order of ad-interim direction, came forward with an application to vacate the interim direction, stating in the counter affidavit that the petitioner's husband was appointed as Work Inspector, Grade-FV under work charged establishment which was purely temporary appointment and ...
insurance Corporation Employees Congress, Hyderabad and anr. Vs. Union ...
Court: Andhra Pradesh
Decided on: Dec-29-1997
Reported in: 1998(1)ALD739; 1998(3)ALT429
ORDER1. Both the Writ Petitions can be disposed of by a common order as the common questions of law are involved.2. Writ Petition No.429/1997 was filed by the Insurance Corporation Employees Congress, Hyderabad and also the Insurance Corporation Employees Congress of Secunderabad division seeking Writ of mandamus directing the Respondents to regularise the service of members of the petitioners union as Sub-staff in the Respondents Corporation or alternatively atleast to retain and continue them in service tilt the final adjudication of the Industrial dispute is completed by the National Industrial Tribunal and for consequential direction.3. Writ Petition No.9431/1997 was filed by the Insurance Corporation Employees Congress, South Central Zone, Hyderabad seeking writ of mandamus directing the Respondents to regularise the services of the members of the petitioners association of Nellore and Visakhapatnam Divisions or in the alternatively to retain and continue them till the Award of th...
Kandrati Subboji and anr. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Dec-29-1997
Reported in: 1998(1)ALD726
ORDER1. In both the Writ Petitions the challenge is made to the Circular Memo issued by the Government of Andhra Pradesh in N0.1478/J-II/96-1 dated 18-10-1996.2. The question that falls for consideration, is whether the 'Kammara' Tribe as notified by the Presidential Order. 1976 is confined to certain areas or the entire State. The petitioners claim that they are residing in various parts of the Slate and they belong to 'Kammara'. The President issued notification of Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 - Act 108 of 1976 dated 18-9-1976 wherein 'Kammara' was added under Part-1 in respect of Andhra Pradesh as falling under Schedule Tribe. Therefore, since the petitioners belong to 'Kammara', they are entitled to be treated as Scheduled Tribe and hence the action of the authorities in not recognising them as Scheduled Tribe is wholly illegal and arbitrary and they seek appropriate direction to the Respondents to issue the Scheduled Tribe Certificates.3. In t...
Annie Koshy Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Dec-29-1997
Reported in: 1998(1)ALD(Cri)415; 1998CriLJ2565; I(1998)DMC608
ORDER1. This is an application filed under section 482, Cr.P.C. (hereinafter referred as Code) praying to quash the order, dated : 4-7-1997 passed by the XXII Metropolitan Magistrate (Mahila Court), Hyderabad in C.C.SR. No. 2859/97 forwarding the same to the police under Section 155(2) of the Code for investigation and report and pass consequential order directing the said Magistrate to take cognizance of the offence under section 6 of Dowry Prohibition Act, 1961 (hereinafter called as Act). 2. The facts, in brief, resulting in filing of this petition are as under : On 4-7-1997, the petitioner herein presented a private complaint, through her Advocate, in the Court of XXII Metropolitan Magistrate (Mahila Court), Hyderabad against her father-in-law for the offence punishable under section 6 of the Act. The learned Magistrate without examining the petitioner-complainant and her witnesses, who were present in Court at that time, simply forwarded that complaint to the Station House Officer...
Chementecno Srl and anr. Vs. Indi Finorcil Pvt. Ltd., Hyd.
Court: Andhra Pradesh
Decided on: Dec-29-1997
Reported in: 1998(2)ALD311; 1998(2)ALT373
ORDER1. The respondents-defendants are the petitioners in this revision petition. The instant civil revision petition is filed questioning the correctness of the order passed by the learned V Additional Judge, City Civil Court, Hyderabad in I.A.No.295 of 1996 in O.S-No.241 of 1996. By the impugned order, the trial court directed the petitioners herein to furnish bank guarantee for a sum of US $ 1,83,750 equivalent to Indian currency Rs.63,39,375/- as a security within four weeks from the date of the order. Upon furnishing such security, the ex-parte prohibitory garnishee order dated 7.3.1996 was directed to be vacated and in default of compliance of the order, the ex-parte order dated 7-3-1996 shall remain in force. This is in substance, the order passed by the trial Court.2. The respondents herein filed an application in the Court below under Order 21Rule 46, 46-A read with Section 115 CPC for grant of garnishee order prohibiting one Vantech Pesticides Limited and three other companie...
Shankarlal Vs. Income-tax Officer and ors.
Court: Andhra Pradesh
Decided on: Dec-29-1997
Reported in: (1998)144CTR(AP)424; [1998]230ITR536(AP); [1998]99TAXMAN500(AP)
T.N.C. Rangarajan, J.1. This writ petition is concerned with the Voluntary Disclosure of Income Scheme, 1997 (hereinafter referred to as 'VDIS'). Pleadings - Affidavit in support of the petition 2. The petitioner states that he is an income-tax assessee and he has filed returns upto asst. yr. 1996-97. A search was conducted in his premises on 16th July, 1997, and a sum of Rs. 2,80,000 was seized along with the pledged jewellery. It is stated that under the VDIS 1997, he had a right to make a voluntary disclosure from 1st July, 1997, upto 31st December, 1997, and the search conducted during that period arbitrarily took away that right. It is also stated that the classification of those who have been searched and denying them the right to make a disclosure was discriminatory. It is further stated that no distinction has been made between those cases where nothing was discovered during the search and cases where anything is seized and this also amounted to discrimination. Reference is als...
Lottala Bangaramma and anr Vs. M. Andhra Bosu and ors.
Court: Andhra Pradesh
Decided on: Dec-29-1997
Reported in: I(1999)ACC648; 1998(2)ALD534; 1998(2)ALT285
ORDER1. This appeal is filed by the claimants in O.P.488/95 on the file of the Motor Accidents Claims Tribunal, Vizianagaram, questioning the award dated 26-7-1996 by which the claim petition was dismissed on the ground of limitation.2. The appellants are the claimants, before the lower Tribunal. They are the parents of the deceased girl aged about 8 years. On 25-11-1987 the deceased girl was going on a cycle and the lorry bearing registration No. APP 6341 which was driven by the 1st respondent in a rash and negligent manner dashed against the cycle and as a result of the same the deceased received serious injuries and died. The 2nd respondent is the owner of the said lorry and it was insured with the 3rd respondent Insurance Company by the date of the accident. 'As such, the petition was filed by the two claimants who are the parents of the deceased seeking a total compensation of Rs.65,000/-from all the respondents.3. On the basis of the evidence placed before it, the lower Tribunal ...
Ch. Sambaiah Vs. Marupaka Parijatham and ors.
Court: Andhra Pradesh
Decided on: Dec-29-1997
Reported in: 1998(2)ALD662; 1998(3)ALT61
1. The appellant is one of the sons of the sole defendant in a suit for redemption of mortgage.2. The material averments in the plaint are as follows : The plaintiffs who are brothers are the joint owners of a tiled house bearing Municipal No. 1545 (old) and 9/432 new as it is their ancestral property. They mortgaged the said house in favour of the defendant by means of a registered mortgage deed dated 27-03-1948 for a sum of Rs. 1,500/-O.S. and delivered possession of the same. The conditions in the mortgage deed are that the amount lent should carry interest at 9 per cent per annum, that the mortgage should be released within ten years from the date of mortgage and in case of default it would be treated as sale and that the rents received by the mortgagee would be first appropriated towards the interest and the balance would be appropriated towards the principal amount The defendant has been in possession of the said house since 27-3-1948. He filed O.S.No.101/1 of 1358-F in the Sub-C...
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