Andhra Pradesh Court April 1997 Judgments
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Raj Kumar and anr. Vs. G. Anasuya
Court: Andhra Pradesh
Decided on: Apr-23-1997
Reported in: 1997(4)ALT77
ORDERK.B. Siddappa, J.1. This Revision is filed against the Judgment passed in C.M.A.No. 25/92 on the file of District Judge, Nizamabad.2. The defendants are the Revision petitioners. In this case the evidence of the plaintiff was closed on 10-4-1990 and the case was adjourned for the evidence of defendants on 16-4-1990, and the case was adjourned from time to time. Ultimately, it was posted to 16-7-1990. On that date, the defendants were not ready and requested for time. However, the Court did not grant any time and closed the defendants' side and on 6-8-1990 the decree was passed on merits. The defendants filed application under Order 9 Rule 13 C.P.C. to set aside the decree. The trial Court held that such application is not maintainable, as it is not an ex parte decree and that the correct provision is Order 17 Rule 2 proviso (sic. Explanation). As the decree was passed under Order 17 Rule 2 C.P.C. it cannot be set aside.3. This finding was confirmed by the District Judge in Civil M...
Padmini Co-operative Housing Society, Rep. by Its Secretary, M. Prakas ...
Court: Andhra Pradesh
Decided on: Apr-23-1997
Reported in: 1997(4)ALT158
ORDERG. Bikshapathy, J.1. Both the cases can be disposed of by a common order.2. The C.C.C.A. is filed challenging the order passed in I.A. No. 1351/1995 in I.A. No. 854/1984 in O.S. No. 42 of 1962 on the file of the learned I Additional Judge, City Civil Court, Hyderabad. For the sake of convenience, parties herein have been referred to as they are arrayed in the suit.3. This is a case of litigation percolating to generations. The suit for partition was filed by the plaintiff in the year 1935 claiming partition in respect of Matruka properties. However, for various reasons, the suit was not numbered and finally it was numbered in the year 1962 as O.S. No. 42 of 1962. A preliminary Decree was passed on 24-11-1970 by the trial Court in which the share of Defendant No. 1 was determined at 14/104th. The matter was subjected to appeal, but however the said decree became final as far as the claim of Defendant No. 1 in various properties including Item No. 2 of Schedule 'B' was concerned. Du...
Telugunadu Workcharged Employees State Federation, Nalgonda District U ...
Court: Andhra Pradesh
Decided on: Apr-23-1997
Reported in: 1997(3)ALT492
ORDERB. Subhashan Reddy, J.1. This Writ Petition assails the Constitutional validity of Section 17-A of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') and the consequent notification issued by the 2nd respondent-State Government in G.O.Ms. No. 2, Labour Department, dated 20-1-1994 in exercise of the powers Under Section 17-A(1) of the Act stating that the award dated 1-9-1993 passed in I.D. No. 349 of 1994 (sic. 1991) shall not be enforceable for the reasons stated therein. The challenge is to the vires of the Section, which is the prime argument; the second argument being the unsustainability of the reasons stated in the consequent notification as baseless and irrelevant.2. The petitioner-Telugunadu Work-charged Employees State Federation, Nalgonda District Unit-is a Trade Union and is the District Union of Telugunadu Trade Union Council, having been registered under the Trade Unions Act. It is stated that the petitioner comprises of 1,500 members and that th...
Vemula Jangaiah Vs. Vemula Peramma and ors.
Court: Andhra Pradesh
Decided on: Apr-23-1997
Reported in: 1997(3)ALT439
Ramesh Madhav Bapat, J.1. The appellant herein was an unsuccessful plaintiff in a suit bearing O.S. No. 259 of 1980 which was filed by him in the Court of the Principal Subordinate Judge, Narasaraopet. The suit was filed by the plaintiff to set aside the decree passed in O.S. No. 41 of 1972, which was decreed by the learned District Munsif, Gurazala. When the present suit filed by the plaintiff was dismissed, he carried the matter in appeal by filing A.S. No. 76 of 1988 in the Court of the III Addl. District Judge, Guntur. The learned District Judge also dismissed the appeal confirming the decree and judgment of dismissal of the suit passed by the Principal Subordinate Judge, Narasaraopet. Being aggrieved by the aforesaid judgment and decree, the original plaintiff in O.S. No. 259 of 1980 has filed the present appeal.2. The averments made in the present suit can briefly be narrated as follows: It was averred by the plaintiff that one Vemula Siddaiah of Cherlagudipadu died about 25 year...
K. Venkat Ram Reddy and Others Vs. Hyderabad Urban Development Authori ...
Court: Andhra Pradesh
Decided on: Apr-22-1997
Reported in: AIR1997AP368; 1997(3)ALT428
ORDERG. Bikshapathy, J. 1. The petitioners approached this Court for issue of writ of mandamus compelling the respondent to leave 60 fts. wide road from Hyderabad --Vijayawada National High Way to the colony and for other connected reliefs. 2. It is their case that the Hyderabad Uraban Development Authority (for brevity H.U.D.A.) was constituted under A,P. Urban Areas (Dvelpmenl) Act, 1975 for the purpose of developing the areas by providing all civil amenities. A vast area in Saroornagar was developed as rcidential and commercial complexes and the area was acquired by H.U.D.A. paying compensation @ Rs. 10/- per sq. yard. After development, it was sold to the individual members in the year 1979 with a promise to complete the developmental works viz., laying of B.T. road and providing other amenities as mentioned in the prospectus issued by the H.U.D.A. during 1976. 3. It is the case of the petitioners that Ihc respondent H.U.D.A. had not provided the necessary road and it has bucked ou...
Mc. Dowell and Company Ltd. Rep. by Its G.M. Sri P.R. Krishna Vs. Govt ...
Court: Andhra Pradesh
Decided on: Apr-22-1997
Reported in: 1997(4)ALT177
ORDERN.Y. Hanumanthappa, J.1. This writ petition is filed seeking a writ of Mandamus declaring the levy and collection of import fee on the imports of Malt Spirit/Grape Spirit from other States to the State of Andhra Pradesh as illegal, unauthorised and without jurisdiction and consequently direct the respondents to refund the amounts paid by the petitioner towards import fee on the imports of Malt Spirit/Grape Spirit or otherwise adjust the said amounts towards other amounts due and payable by the petitioner to the Excise Department.2. The petitioner is a public limited company having distilleries and breweries throughout the country including the State of Andhra Pradesh at Hyderabad. It manufactures reputed brands of alcoholic liquors for human consumption. It has also obtained licence to deal in import and export of Malt Spirit/Grape Spirit. Malt Spirit/Grape Spirit is an unfinished produce which cannot be consumed directly like Indian Made Foreign Liquor (IMFL) unless the same is m...
K. Sadanandam Vs. A.P. State Co-op. Bank Limited, Rep. by Its Managing ...
Court: Andhra Pradesh
Decided on: Apr-22-1997
Reported in: 1997(4)ALT529
ORDERB.K. Somasekhara, J.1. The petitioner was working as Assistant General Manger with the third respondent-Bank. At the moment he is working as the Deputy General Manager with the first respondent. The 2nd respondent is the Managing Director of A.P. State Co-op. Bank Limited, Troop Bazaar, Hyderabad. He was one among the candidates who applied for selection to Class-II cadre of officers to the second respondent. He was selected after interview and he was successful. The order of appointment was issued to him by the 2nd respondent in Reg. No. Cadre/F/713/4283 dated 31-7-1996 and the posting was given to him to work at Medak. He accordingly reported to duty on 16-8-1996. Having due regard to the petitioner completing 58 years of age on 25-4-1997, he has been asked to retire from service on 30-4-1997 through notice dated 15-12-1996. He made a representation to the third respondent on 26-3-1997 to extend his service up to two years subject to his repatriation by the first respondent rega...
i. Krishnaiah Vs. Principal, College of Veterinary Science and anr.
Court: Andhra Pradesh
Decided on: Apr-22-1997
Reported in: 1997(5)ALT264
ORDERY.V. Narayana, J.1. In this writ petition, the petitioner questions the issuance of the Memo dated 17-2-1997 by the 2nd respondent and prays to declare the impugned action of the respondents in issuing the same without considering the shortage of 5% attendance, as ordered by this Court in W.P.No. 13839 of 1996 dated 5-12-1996, as illegal and contrary to law.2. The brief facts of the case are as follows:The petitioner herein joined the 1st respondent-College to prosecute the course in B.V.Sc. Degree in the academic year 1989-90. He could not, however, appear for and get through the examinations regularly due to his bad financial position as, it is stated that, he hails from a poor family. It is stated that though he registered the course called 'VAN 421' (Meat Animal Production) pertaining to the 2nd semester of the IV year along with the regular batch of 1991 students, he could not appear for the same. He, however, appeared for the said subject i.e., VAN 421 as a backlog and passe...
Patel Angadia and Co. Rep. by Its Constituted Attorney Vs. Asst. Comme ...
Court: Andhra Pradesh
Decided on: Apr-22-1997
Reported in: 1997(3)ALT353
ORDERLingaraja Rath, J.1. The petitioner has come before this Court assailing the detention order passed by the Assistant Commercial Tax Officer, Integrated Check Post, Purushottampuram, Srikakulam District. It is the case of the petitioner that one M.M. Exports, Calcutta had entrusted the goods to the petitioner which is a Carrier for transporting the goods to Karnataka. The petitioner arranged the lorry and despatched the goods with documents showing itself as Consignor and also as the Consignee. The goods travelled through the States of Orissa wherein Way Bill had also been issued in form 32 on 15-3-1997. The vehicle on being checked at Purushottampuram check gate was detained by the learned Officer. It is the submission of Mr. S. Ravi, learned Counsel for the petitioner that the detention is unauthorised and beyond the powers of the Checking Officer under the provisions of the Sales Tax Act and the Rules. The learned Special Government Pleader for Taxes submits of the detention bei...
Payyati Savitri Devi Vs. Malireddy Damayanthamma and anr.
Court: Andhra Pradesh
Decided on: Apr-21-1997
Reported in: [1998]93CompCas958(AP)
Krishna Saran Shrivastav, J.1. This revision is directed against the order passed by the 1st Class Magistrate, Gudivada, whereby the objection of the petitioner that the complaint be dismissed being not maintainable has been rejected. 2. Under section 138 of the Negotiable Instruments Act, 1881, the complaint has been filed by Smt. M. Damayanthamma through her authorised agent, Sri Malireddy Satyanarayana Reddy, who is holding the registered general power of attorney executed by the complainant in his favour authorising him to recover all her debts. It is alleged in the complaint that the complainant is an aged woman of about 60 years and is keeping indifferent health. Malireddy Satyanarayana Reddy is the nephew of the complainant-first respondent. 3. The petitioner-accused before starting cross-examination of PW-1 filed an objection alleging that the complaint is not maintainable because it has been signed and filed by the person holding the general power of attorney of the complainan...
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