Andhra Pradesh Court April 1997 Judgments
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Akkinepally Yadagiri Vs. Mitta Ananthareddy (Died) and anr.
Court: Andhra Pradesh
Decided on: Apr-11-1997
Reported in: 1997(4)ALT539
Ramesh Madhav Bapat, J.1. The appellant herein was the defendant in O.S.513/82 on the file of the District Munsif Court, Nalgonda, filed by the respondents herein. The respondents herein filed a suit for specific performance of the agreement alleged to have been executed by the defendant by accepting a sum of Rs. 9,000/- agreeing to sell the suit schedule property. When the defendant did not keep up his promise, the respondents-plaintiffs were constrained to file the aforesaid suit. The learned District Munsif decreed the suit for Rs. 9,000/- and refused to grant main relief of specific performance of the agreement.2. Aggrieved by the aforesaid judgment and decree of the trial Court, the defendant-appellant herein filed an appeal- A.S. No. 7 of 1994 in the Court of the District Judge, Nalgonda. The plaintiffs-respondents herein filed cross-objections. The learned District Judge dismissed the appeal filed by the appellant-defendant and allowed the cross-objections filed by the responden...
A. Janardhan Vs. Chairman and Managing Director, Cmc Ltd. and anr.
Court: Andhra Pradesh
Decided on: Apr-11-1997
Reported in: 1997(5)ALT210
ORDERV. Rajagopala Reddy, J.1. The petitioner, a graduate in Electronics and Telecommunications Engineering from the Institute of Electronics and Telecommunications Engineers, New Delhi, was appointed as Associate Development Engineer in 1980 in CMC Limited, CMC Centre, Hyderabad, a Government of India organisation, engaged in information technology service. He was later promoted as Senior Systems Engineer and meanwhile during that period he also secured Masters Degree in Advance Electronics from J.N.T.U., Hyderabad, with distinction. He received several appreciation and recognition awards for his service and had never received any adverse remarks in his service. He, however, left the organisation in 1989 and joined in Saline Water Conversion Corporation in Saudi Arabia. After he completed the assignment in Saudi Arabia for six years, the petitioner was appointed afresh as Project Manager at Hyderabad, and he joined as such on 16-5-1996. The appointment order dt. 14-5-96 along with ann...
M/S. A.P. Paper Mills Limited Vs. the Principal Secretary to Governmen ...
Court: Andhra Pradesh
Decided on: Apr-10-1997
Reported in: AIR1997AP257; 1997(3)ALT649
ORDERP. Venkatarama Reddy, J. 1. Thepetitioner-company challenges in this writ petition the Memo No. 23950/For.III/89-1, dated 18-10-1989 issued by the Principal Secretary to Government (Energy & Forests) informing the Principal Chief Conservator of Forests that the request of the petitioner-company to withdraw the demand raised by the Divisional Forest Officer was rejected. By his proceedings dated 16-1-1989, the Divisional Forest Officer, Rajahmundry demanded the payment of a sum of Rs. 25,18,413/-from the petitioner towards the value of 24,500 cum. of mixed hardwood allotted to the petitioner for the year 1987-88 on the ground that the petitioner-company failed to pay the amounts pursuant to the notice dated 4-3-1988 and 17-3-1988 and take possession of the hard wood allotted as per the terms and conditions of supply. The amount was arrived at by deducting from the amount of Rs. 40,82,915/- originally demanded, the sale proceeds of. Rs. 15,64,502/- realised in the auction held on 12...
Assistant Collector and Land Acquisition Officer (Rdo) and ors. Vs. Pa ...
Court: Andhra Pradesh
Decided on: Apr-10-1997
Reported in: 1997(4)ALT144
D. Reddeppa Reddi, J.1. These appeals by the Assistant Collector & Land Acquisition Officer (Revenue Divisional Officer), Gadwal Under Section 54 of the Land Acquisition Act, 1894 (for short the Act) and the cross-objections therein by the claimants-landholders are directed against the common judgment dated 20-3-1995 in O.P. Nos. 120,121,122 and 125 of 1988 on the file of the Subordinate Judge, Gadwal. They relate to acquisition of lands bearing S. Nos. 841,842,844, and 848 measuring Ac.34-35 guntas, situated in Gadwal Town for the purpose of extending the existing Agricultural Market Yard at Gadwal.2. The acquisition proceedings commenced with publication of the draft notification Under Section 4(1) of the Act in the A.P. Gazette dated 23-9-85. After due enquiry the Land Acquisition Officer, having divided the lands to be acquired into two categories-The land abutting the existing Market Yard measuring Ac.12-30 guntas as Category-I and the remaining extent of Ac.22.05 guntas as Catego...
V. Jayashankar and anr. Vs. State Through Land Acquisition Officer (Ta ...
Court: Andhra Pradesh
Decided on: Apr-10-1997
Reported in: 1997(3)ALT731
D. Reddeppa Reddi, J.1. This is an appeal filed by the claimants/landholders under Section 54 of the Land Acquisition Act, 1894 (for short 'the Act') against the judgment and decree dated 18-7-1986 in OP. No. 30/85 on the file of the Subordinate Judge, Siddipet, Medak District. It relates to acquisition of land admeasuring Ac.4-07 guntas situated in Siddipet, Medak District, for the purpose of providing water supply line pursuant to draft notification published in the Gazette on 27-11-1975. After due enquiry, the Land Acquisition Officer by his award dt. 30-6-1983 determined the compensation at Rs. 800/- per acre. Not satisfied with the said award, the claimants sought for a reference under Section 18 of the Act to a Civil Court. Thereupon, the matter was referred to the Court of Subordinate Judge at Siddipet and registered as O.P. No. 30/85.2. Before the reference Court, the claimants asked for compensation at the rate of Rs. 40,000/- per acre. Their claim was resisted by the Referrin...
K. Sujatha Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Apr-09-1997
Reported in: AIR1997AP266; 1997(2)ALD(Cri)132; 1997(2)ALT487; I(1998)DMC56
ORDERM.N. Rao, J. 1. This case is illustrative of the fact that the pernicious custom of dowry, seemingly all pervasive, does not pass by leaving unaffected even highly educated women.2. The petitioner, an young lady aged about 28 years, a junior advocate practicing in Srikakuiam town, has filed this application for issue of a writ of habeas corpus seeking the~ release of her husband Sri K. V. Uma-maheshwara Rao allegedly kept in illegal custody by his father, Sri K.V. Narasaiah, a practising advocate of Srikakulani, respondent No. 4. The petitioner and her husband Sri Umamaheswara Rao studied Law course together in Visakhapatnam from 1990 to 1992 and at that time, they came to know about each other which blossomed into love. Sri Umamaheswara Rao discontinued the Law course in 1993 as he got employment in a Public Sector Undertaking --National Thermal Power Corporation --at a place called Jhanoor in Bharooch District of Gujarai State. The petitioner claims that Sri Umamaheshwara Rao in...
Kantipudi Manikyam Vs. K. Ramakrishna and ors.
Court: Andhra Pradesh
Decided on: Apr-09-1997
Reported in: I(1998)DMC67
Ramesh Madhav Bapat, J.1. The appellant herein was the original defendant No. 2 in O.S. No. 27 of 1981 which was pending on the file of the Subordinate Judge, Peddapuram, East Godavari District. The plaintiffs-respondents 1 and 2 herein had instituted the aforesaid suit with a prayer to set aside the partition deed, which is alleged to have been executed by defendants 1 and 2 allotting unequitable shares to the plaintiffs. It was alleged by the plaintiffs that the said partition deed dated 27.5.1977 is unconscionable.2. On presentation of the suit, summons were issued to the defendants. On appearance, they filed their written statements. The learned Subordinate Judge allowed both the parties to lead evidence. On hearing both sides, the learned Judge found that the partition deed dated 27.5.1977 was unequal and inequitable and therefore directed that the partition be re-opened. The learned Judge further directed that on re-opening the partition, the 2nd defendant is entitled to 14th sha...
Kantipudi Manikyam Vs. Kantipudi Ramakrishna and ors.
Court: Andhra Pradesh
Decided on: Apr-09-1997
Reported in: 1997(4)ALT700
Ramesh Madhav Bapat, J. 1. The appellant herein was the original defendant No. 2 in O.S. No. 27 of 1981 which was pending on the file of the Subordinate Judge, Peddapuram, East Godavari District. The plaintiffs-respondents 1 and 2 herein had instituted the aforesaid suit with a prayer to set aside the partition deed, which is alleged to have been executed by defendants 1 and 2 allotting unequitable shares to the plaintiffs. It was alleged by the plaintiffs that the said partition deed dated 27-5-1977 is unconscionable.2. On presentation of the suit, summons were issued to the defendants. On appearance, they filed their written statements. The learned Subordinate Judge allowed both the parties to lead evidence. On hearing both sides, the learned Judge found that the partition deed dated 27-5-1977 was unequal and inequitable and therefore directed that the partition be re-opened. The learned Judge further directed that on re-opening the partition, the 2nd defendant is entitled to 1/4th s...
Indian Oil Corporation Limited Vs. Karem Zaheer Yar Jung and anr.
Court: Andhra Pradesh
Decided on: Apr-09-1997
Reported in: 1997(2)ALT689
M.N. Rao, J.1. These two Letters Patent Appeals and the two Miscellaneous Petitions arise out a common judgment of a learned single Judge of this Court in CCCA Nos. 41 and 112 of 1986 dismissing the appeals filed by the Indian Oil Corporation (IOC) against the decree granted by the Additional Chief Judge- cum-I Addl. Special Judge for SPE and ACB Cases, at Hyderabad in the suit O.S.No. 465 of 1983 filed by the landlady for eviction of the IOC from the suit site and dismissing the suit filed by the IOC for specific performance. As all these matters are inter-connected, we dispose them of by this common judgment. For the sake of convenience, the appellant is referred to as the IOC and the respondent as the landlady.2. The IOC taken on lease an extent of 545 sq. Yards of prime land bearing 25 No. 5-9-29/3 situate at Basheerbagh, Hyderabad a highly valuable commercial area, for a period of ten years from the landlady Mrs. Karim Zahir Yarjung commencing from 1-8-1966 and ending with 31-7-19...
Mettapalli Venkata Rao and ors. Vs. Kotla Alivelu Mangatayaramma and a ...
Court: Andhra Pradesh
Decided on: Apr-09-1997
Reported in: 1997(2)ALT753
M.H.S. Ansari, J.1. The above Letters Patent Appeal has been filed-by the defendants, aggrieved against the judgment of a learned single Judge of this Court, in A.S.No. 1567 of 1985 dated 14-8-1995, reversing the judgment and decree dated 31-12-1984 in O.S. No. 67 of 1974 on the file of the Sub-Judge at Tanuku and decreeing the suit for specific performance filed by the Respondent No. 1 herein - Plaintiff.2. Respondent No. 1 herein filed the suit for specific performance of the agreement to sell dated 1-5-1974 (Ex.A-1). The said agreement (Ex. A-l) is executed by defendant No. 1 who is the kartha of the joint family consisting of himself and his sons - defendants 2 to 8; Defendant No. 2 was the only major son and has executed Ex.A-1 along with his father. The property to be conveyed by the said agreement is an agricultural land of an extent of Ac. 2.27 cts (9156 Sq. metres) situated in Khandavali village, Tanuku Taluk, West Godavari District. The total sale consideration stipulated und...
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