Andhra Pradesh Court February 1997 Judgments
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Dande Venkata Swamy and ors. Vs. Gummidi Satyanarayana and ors.
Court: Andhra Pradesh
Decided on: Feb-18-1997
Reported in: 1997(3)ALT708
ORDERV. Bhaskara Rao, J.1. This batch of Civil Revision Petitions are filed against the judgments and decrees in O.S. Nos. 43/87, 44/87, 45/87, 46/87, 47/87, 48/87, 49/87 and 50/87 on the file of the Principal District Munsif at Yellamanchili, Visakhapatnam, dated 27-8-1992 decreeing the suits filed by the respondents-plaintiffs under Section 6 of the Specific Relief Act for summary eviction of the Revision Petitioners.2. As common questions of law and fact are involved in all these revision petitions they are being disposed of by a common order. The facts in brief are as under: An extent of Ac. 19.67 cents of land in S. Nos. 53/3, 57/1B/2, 32/2A/2, 57/2B, 58/1, 57/1B/1, 56/1, 58/3, 39/4, 35/2, 56/3, 53/1, 329/2A/1 and 53/4 situated at Chinagummaluru village of S. Rayavaram Mandal, were surrendered by the landlords by name Smt. Posuru Sanyasamma and Posuru Gangu Naidu under Section 10(3) of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. Having accepted the surrende...
Yadamma T. Vs. National Remote Sensing Agency and anr.
Court: Andhra Pradesh
Decided on: Feb-17-1997
Reported in: 1997(4)ALD415; 1997(4)ALT578; 1997(2)APLJ107
P.S. Mishra, C.J. 1. Heard. 2. Industrial dispute, on reference, ended in, the award of reinstatement in service and consequential benefits to the respondent-appellant. The same has been challenged by the employer before this Court. Learned Single Judge has set aside the award on the ground that it is not established that the appellant was in the regular employment of the establishment and thus Section 25-F of the Industrial Disputes Act is not attracted. Appellant - second respondent in the writ petition has invoked this Court's jurisdiction under Clause 15 of the Letters Patent of the Court. Facts as shown from the record are as follows : 3. According to the appellant, she was appointed as a sweeper in May, 1980 on a monthly salary of Rs. 180/-, she was sanctioned maternity leave from December 1, 1985 to March 31, 1986 and after the delivery of a child when she reported to duty on April 1, 1986, she was not permitted to join. The contention of the employer-writ petitioner (respondent...
Mariamma Ninan @ Mariamma P. Thomas Vs. K.K. Ninan
Court: Andhra Pradesh
Decided on: Feb-17-1997
Reported in: II(1997)DMC210
D. Reddeppa Reddi, J.1. The petitioner in O.P. (SR) No. 33/96 on the file ofthe Family Court, Secunderabad, has preferred this appeal against the Orderdated 11.7.1996 returning the petition for presentation to the Civil Court.2. Petitioner is the wife of the respondent. Her petition is for partition ofpetition scheduled property and separate possession. Her main plea is thatshe contributed a sum of Rs. 3,00,000/- for constructing the petition scheduledbuilding.3. It is clear from the impugned order that her petition has been returnedmainly on the ground that parties to the marriage can approach the Family Courtonly 'in respect of the property of any nature given at the time of marriage by oneof them to the other or on behalf of one of them to the other or the property acquiredwith the funds given at the time of marriage such as jewellery and land given forPasupukumkuma by way of gift alone'. This reasoning, prima facie, appears tobe unsustainable in view of the specific language of Sec...
Mrs. Mariamma Ninan @ Mariamma P. Thomas Vs. K.K. Ninan
Court: Andhra Pradesh
Decided on: Feb-17-1997
Reported in: I(1997)DMC570
D. Reddeppa Reddi, J.1. The petitioner in OP (SR) No. 33/96 on the file of the Family Court, Secunderabad, has preferred this appeal against the order dated 11.7.1996 returning the petition for presentation to the Civil Court.2. Petitioner is the wife of the respondent Her petition is for partition of petition scheduled property and separate possession. Her main plea is that she contributed a sum of Rs. 3,00,000/- for constructing the petition scheduled building.3. It is clear from the impugned order that her petition has been returned mainly on the ground that parties to the marriage can approach the Family Court only 'in respect of the property of any nature given at the time of marriage by one of them to the other or on behalf of one of them to the other or the property acquired with the funds given at the time of marriage such as jewellery and land given for Pasupukumkum by way of gift alone'. This reasoning, prima facie, appears to be unsustainable in view of the specific language...
Mrs. Mariamma Ninan @ Mariamma P. Thomas Vs. Mr. K.K. Ninan
Court: Andhra Pradesh
Decided on: Feb-17-1997
Reported in: 1997(2)ALT268
D. Reddeppa Reddi, J.1. The petitioner in O.P. (SR) No. 33/96 on the file of the Family Court, Secunderabad, has preferred this appeal against the Order dated 11-7-1996 returning the petition for presentation to the Civil Court.2. Petitioner is the wife of the respondent. Her petition is for partition of petition scheduled property and separate possession. Her main plea is that she contributed a sum of Rs. 3,00,000/- for constructing the petition scheduled building.3. It is clear from the impugned order that her petition has been returned mainly on the ground that parties to the marriage can approach the Family Court only 'in respect of the property of any nature given at the time of marriage by one of them to the other or on behalf of one of them to the other or the property acquired with the funds given at the time of marriage such as jewellary and land given for Pasupukumkuma by way of gift alone'. This reasoning, prima facie, appears to be unsustainable in view of the specific lang...
New India Assurance Company Limited Vs. S.V. Balakishna and ors.
Court: Andhra Pradesh
Decided on: Feb-17-1997
Reported in: 1997(2)ALT386
Neelam Sanjiva Reddy, J.1. New India Assurance Company Ltd.-Second respondent in O.P. 294/88 on the file of the Motor Accidents Claims Tribunal-cum-Addl. District judge, Mahaboobnagar, preferred this appeal against the award passed on 19-2-1992.2. Facts necessary for disposal of this appeal briefly stated are these:- The claimant in the above O.P. was returning from Hyderabad to Allagadda on 18-5-1986 along with his goods in the lorry AAQ 9599 by paying fare and freight. Near Pebbair, on National Highway No. 7, APSRTC bus AAZ 8565 coming from Kurnool side driven in a rash and negligent manner at a very high speed, dashed against the lorry resulting in grievous injuries to the claimant and others. He was treated at much expense. In spite of the treatment, the injuries have resulted in permanent disbaility. He filed the above claim for a total compensation of Rs. 50,000/- against the owner of the lorry, its insurer, and APSRTC (owner of) bus involved in the accident. The claim was resist...
M/S. Margadarsi Borewells and Others Vs. the Singareni Colleries Co. L ...
Court: Andhra Pradesh
Decided on: Feb-14-1997
Reported in: AIR1997AP188; 1997(2)ALT239
ORDER1. Though the W. P. M. P. is posted before me, the main writ petition is disposed of with the consent of the parties.2. The action of the 1st respondent-The Singareni Collenes Co. Ltd., a Government company (hereinafter called the Company), in accepting the tenders of and technically qualifying the 4th respondent herein, for the work of drilling of blast holes by using machines at different open cast projects of the Company in overburden and coal, is under challenge in this writ petition.3. The facts of the case, as disclosed in the affidavit filed by the petitioners, briefly, are as follows : All the 34 petitioners are proprietary concerns carrying on business in boreweli drilling in the State of A.P. They own bore-well machinery having purchased the same by availing financial assistance from various institutions. The Company, being involved in the excavation of coal in the open cast mines, has required drilling of blast holes for the purpose of extracting coal of certain diamete...
G.S. Drugs and Pharmaceuticals Vs. Commercial Tax Officer, M.G. Road, ...
Court: Andhra Pradesh
Decided on: Feb-14-1997
Reported in: [1999]113STC398(AP)
ORDERLingaraja Rath, J.1. The question raised in this writ petition concerns the competence of the Legislature to make enhanced retrospective levy of sales tax while amending the A.P.G.S.T. Act, 1957, replacing an Ordinance without justifying the reasons assigned in the Statement of Objects and Reasons under the Act. The petitioner is a distributor of drugs and pharmaceuticals for various manufacturers and is a stockist of medicines. By A.P. Ordinance No. 19 of 1996, amending the provisions of the Andhra Pradesh General Sales Tax Act, 1957 with effect from 1st August, 1996 levy was made at 9 per cent on drugs and medicines but in the Andhra Pradesh General Sales Tax (Amendment) Act, 1996 (Act No. 27 of 1996), the rate of tax was enhanced to 10 per cent, i.e., 1 per cent more, though, according to the petitioner, such an enhancement was not in any way justified under the Statement of Objects and Reasons. To support the proposition that enhancement has to be justified under the Statement...
Public Prosecutor, High Court of A.P., Hyd. Vs. Bakka Srinivas and Oth ...
Court: Andhra Pradesh
Decided on: Feb-14-1997
Reported in: 1998(4)ALD687; 1998(2)ALD(Cri)174
1. This appeal is directed against the judgment of First Additional Judicial First Class Magistrate, Khammam in Criminal case No. 297 of 1993 dated 17-4-1995 wherein the respondents have been acquitted of the offence under Section 39 and 44 of the Indian Electricity Act and Sections 379, 472 and 473 of Indian Penal Code.2. The case of the prosecution in brief is that, on 23-9-93 P.W.1, P.W.2 and P.W.3 raided the shop of the respondents namely Lahari Wine Centre situated in Suryapet road, Nayabajar, Khammam and detected that meter seals on the meter cover were replaced and the seals found were counterfeit and the consumption recorded by the meter was very low and not commensurate with the connected load of 1035 Watt. They seized the seals M.O.1 and M.O.2 and inspection report was prepared which was signed by the 2nd respondent. The loss was assessed atRs. 19,472.80 ps. and a case was registered under the aforesaid Sections and therespondents were prosecuted for the said offence.3. Charg...
G.V. Pratap Reddy Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Feb-13-1997
Reported in: 1997(2)ALT796
M.N. Rao, J.1. Pursuant to an order made by the Hon'ble Chief Justice under Section 11(5) of the Arbitration and Conciliation Act, 1996 (for short the Act), the matter came up before me for hearing. 2. By this application, the petitioner is seeking appointment of a retired Judge of the High Court or any of the retired Chief Engineers as mentioned in his notice dated 3-4-1996 as Sole Arbitrator for adjudicating the questions mentioned in paragraph 7 of the application which are as follows : (a) 'Whether the action taken by the Executive Engineer, T.G.P. Division No. 1, Velugode, vide his letter No. 482 M dated 24-7-1995 under Clause 61 of P.S. to A.P.S.S. is justified and valid in law ?' (b) 'Whether the consent given by me for extension of time for completing the work, i.e., agreement period, is vitiated by coercion within the meaning of Section 19 of the Indian Contracts Act, 1872, and whether the extension of time so granted is binding on me ?' (c) 'Whether I am entitled to be paid...
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