Andhra Pradesh Court December 1997 Judgments
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Omer BIn Salam Askari Vs. Dr. Yousuf
Court: Andhra Pradesh
Decided on: Dec-13-1997
Reported in: 1998(2)ALD258; 1998(2)ALT486
ORDER1. The petitioner before this Court is a tenant of mulgies bearing Nos.22-2-541/1/1 and 2, Dabeerpura, Hyderabad, and the respondent is the landlord thereof The rent in respect of the said premises was fixed at Rs.160/- per month excluding electricity charges and the same was required to be paid in advance on the 1st day of every month. However, according to the respondent-landlord, the petitioner-tenant failed to pay rent for as long a period as three years covering 1-4-1983 to 31-3-1986 and committed wilful default in payment of rent which made him liable to be evicted from the demised premises. The ground of personal requirement is also urged by the landlord for securing eviction of the tenant.2. The Rent Controller dismissed the suit for evictioa The matter was earned in appeal by the landlord before the Chief Judge, City Small Causes Court, Hyderabad, in RANo.362ofl991. The learned Chief Judge of the appellate Court allowed the appeal and decreed the suit in favour of the lan...
Nallamala Venkateswara Rao and anr. Vs. P. Prabhakar and anr.
Court: Andhra Pradesh
Decided on: Dec-12-1997
Reported in: 1998(1)ALD370; 1997(6)ALT718
ORDER1. In this Contempt Case, petitioners seek a direction to punish the respondents for having disobeyed the direction issued by this Court in CMP Nos.2394 and 6426 of 1994 dated 28-4-1994 as they failed to deposit the amount with interest from 15-3-1993 till the date of deposit, under the Contempt of Courts Act, 1971.2. Before proceeding to examine the plea set-forth by the petitioners and respondents, few facts are necessary to be traced out for proper appreciation of the case.3. The respondents are the managing partners of the plaintiff firm M/s Quadri Enterprises in O.S.No.5 of 1993 on the file of the Subordinate Judge, Khammam. The said suit O.S.No.5 of 1993 was filed for a declaration that the plaintiff firm is entilled to hold lease for a period from 21-10-1974 to 20-10-1994 in respect of the lands to an extent of 35.30 guntas in S.No.354 and 391 of Laxmipuram village, Konijerla Mandal, Khammam and also for a declaration that the agreement dated 26-5-1992 between Khaja Khan (p...
Challa Sanyasinaidu Vs. Deputy Registrar of Co-op. Society, Srikakulam
Court: Andhra Pradesh
Decided on: Dec-12-1997
Reported in: 1998(1)ALD455; 1998(1)ALT482
ORDERP. Ramakrishnam Raju, J 1. The Civil Revision Petition is posted before us on a reference made by the learned single Judge for an authoritative pronouncement on the point :'Whether Section 60 contemplates a detailed enquiry into the truth or otherwise of the alleged acts of misfeasance and willing negligence committed by the delinquent person before the Dy. Registrar passes an order of surcharge; or whether a valid surcharge order can be passed without conducting any such detailed enquiry, but on a consideration of the audit report or inspection report submitted in pursuance of the earlier audit or inspection of the accounts or records of the concerned Society and after giving an opportunity to the delinquent person to explain his conduct.'2. The Civil Revision Petition is directed against an order of the Appellate Tribunal under the AP. Co-operative Societies Act, 1964, cum-District munsif passed In C.M.A.No.1 of 1990.3. The petitioner is the Ex-President; while Pydi Rama Rao is ...
State of Andhra Pradesh Vs. J. Moosa and Sons
Court: Andhra Pradesh
Decided on: Dec-12-1997
Reported in: [1999]115STC144(AP)
S.V. Maruthi, J. 1. The question involved in this tax revision case is : 'Whether the assessee is liable to pay tax ?'. The assessee is a registered dealer and he collects furniture from various house-holders and sells them on their behalf. The persons who entrusted the goods to the assessee for sale are not dealers. Therefore, the assessee claims exemption from payment of tax. Originally the assessee was exempted from payment of tax. The Deputy Commissioner (CT), Hyderabad, revised the order of the Commercial Tax Officer. Against which the assessee preferred an appeal which is impugned in the present revision. 2. The Tribunal held that die appellant acted on behalf of the house-holders as dealer. House-holders are not dealers within the meaning of the Act. Therefore, assessee who is acting on behalf of the principal is not liable to pay any tax as the principals themselves are not liable to pay any tax. In that view of the matter the appeal is allowed. 3. We do not find any reason to ...
Tiparthi Chandra Mouli Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Dec-11-1997
Reported in: 1998(1)ALD431; 1998(1)ALT574
ORDER1. The petitioner is the elected president of Velgatur Mandal Parishad. He was elected in March, 1995. It appears that on 21-3-1997 some members of the Mandal Parishad sought to move a 'No Confidence Motion' against the petitioner, which was rejected by the 3rd respondent by his endorsement No.E/466/97, dated 21-3-1997. 2. Later, one Mr. V. Narsimha Reddy, sought to move another No Confidence Motion and consequent upon the said move, the 3rd respondent issued notice of motion of no confidence in E/466/97 dated 30-3-1997, fixing the dale of motion as 15-4-1997. Questioning the said notice, the petitioner, it appears moved the Government and the Government by its Proceedings dated 10-4-1997 suspended the proceedings of the 3rd respondent mentioned above. 3. It appears that again notice was issued by the third respondent on 15-4-1997 calling for the meeting on 5-5-1997 for the purpose of considering a No Confidence Motion against Ihe petitioner. It is this notice which is challenged ...
Nitesh Narayan Vs. University of Health Science and anr.
Court: Andhra Pradesh
Decided on: Dec-11-1997
Reported in: 1998(1)ALD474
ORDER1. In all these Writ Petitions, the interpretation of the A.P. EducationalInstitutions (Regulation of Admission) Order, 1974 (popularly known as 'Presidential Order, 1974') vis-a-vis the AP. Professional Educational Institutions (Regulation of Admissions into Under Graduate, Professional Courses (through Common Entrance Test) Rules, 1993 (for brief 'EAMCET Admission Rules') arises for consideration. Therefore, all the Writ Petitions are disposed of by a common order.2. All the petitioners herein have appeared for Engineering, Agricultural and Medical Common Entrance Test (for brief 'EAMCET-97'). They betong to Osmania University Local area and obtained sufficiently high ranking. They applied for admission to M.B.B.S., course in Medical Colleges falling under Osmania University Area, under total category. But, however, they were not given admission in the Medical College of their choice under total category and on the other hand, the non-totals were given admissions in excess of th...
Nellore District Chamber of Commerce and Industry Vs. Commissioner, Ne ...
Court: Andhra Pradesh
Decided on: Dec-11-1997
Reported in: 1998(4)ALD382
1. Heard. This writ petition is filed by the Nellore District Chamber of Commerce and Industry, Nellore, challenging the impugned action of the respondent-Commissioner, Nellore Municipality, Nellore. One of the notices dated 13-10-1997 impugned herein is filed as material paper No.4 addressed to one Mr. C.C. Subba Raidu. Learned Counsel for the petitioner submits that similar notices are issued to other members of the Chamber of Commerce and Industry and it is an appropriate case for granting the relief as prayed for. But the Court raised an objection as to how the writ petition is maintainable at the instance of the Chamber of Commerce and Industry. Since the notices are issued to the individual persons, who are the residents of the Municipality; and according to theMunicipality there are some alleged unauthorised constructions. Whether a particular person has constructed his building unauthorisedly or not would be a fact to be decided in each case and in pursuance of the impugned not...
Principal, Government School of Music and Dance, Warangal Dist. Vs. A. ...
Court: Andhra Pradesh
Decided on: Dec-10-1997
Reported in: 1998(1)ALD299
1. The Award of the Industrial Tribunal-cum-Labour Court, Warangal in I.D.No.51 of 1991 dated 4-12-1993 is challenged by the petitioner-institution in this Writ Petition mainly on the ground that the Industrial Tribunal had no jurisdiction to pass any Award in favour of the 1st respondent-A. Ramachandra Murthy.2. Respondent No. 1 -Sri A. Ramachandra Murthy was appointed as Daily Wage Worker on 28-10-1987 on temporary basis by the petitioner-institution. He worked upto 31-1-1989. It is alleged by the petitioner that the 1st respondent on one evening forgot to bolt the doors of an outside room properly. But the same was noticed by the night watchman and he closed the door properly. On 8-8-1988 when the Principal was attending the Office work till late in the evening, the 1st respondent closed all the doors except the office door and went away without the knowledge of the Principal and without wailing till the arrival of has reliever. On 9-8-1988 the night watchman gave a complaint agains...
Daddanala Satyavathi Vs. S.Appa Rao and ors.
Court: Andhra Pradesh
Decided on: Dec-10-1997
Reported in: II(1998)ACC89; 1999ACJ237; 1998(1)ALD794; 1998(1)ALT627
ORDER1. The award of the Motor Accident Claims Tribunal, Ongole inO.P.No.123/87 dated 23-7-1990 as to the adequacy of the compensation awarded to the appellant, who was the petitioner in the claim petition is challenged. The fourth respondent is the owner of the lorry AAN 2319 involved in the accident and the 3rd respondent is its insurer. Originally the claim petition was filed against Respondents 1 and 2 as the owner and the insurer and it was dismissed.2. The Tribunal held that the accident was due to the rash and negligent driving of the driver of the lorry. It was further held that the appellant sustained a crush injury to the left hand and that it was amputated upto the root of the shoulder and a sum of Rs.3,000/-for pain and suffering, Rs.7,000/- for treatment and nourishment, Rs. 19,000/- for permanent disability, in all Rs.34,000/- were awarded as against Rs.70,000/- claimed. The liability to pay the compensation was made joint and several on the part of the owner and the insu...
Kadali Mohanarao and ors. Vs. State and anr.
Court: Andhra Pradesh
Decided on: Dec-10-1997
Reported in: 1998(1)ALT(Cri)415; 1998CriLJ1696
ORDER1. This revision is directed against the order dated 16-10-1997 of the Sessions Judge, East Godavari at Kakinada in Criminal M.P. No 879/95 in Sessions Case No. 313/95. 2. The facts giving fact for filing of this revision are as under : The petitioners herein are being tried in S.C. No. 313/95 for the offences under sections 498A and 304B, I.P.C. The 2nd respondent herein (hereafter referred as respondent) is the father of the deceased Sathya Kumari. The respondent and his wife were examined as PWs. 1 and 2. They did not give any evidence in support of the prosecution and they have been treated as hostile and cross-examined by the Special Public Prosecutor. But, their son was examined as PW-6 and he deposed in support of the prosecution and through him, the documents were also marked. When the matter was at the stage of examination of the accused under Section 313, Cr.P.C., the respondent herein filed C.R.M.P. No. 879/97 under section 311, Cr.P.C. to recall and further examine him...
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