Andhra Pradesh Court April 1997 Judgments
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The Govt. of Andhra Pradesh and anr. Vs. Ramlinga Reddy and ors.
Court: Andhra Pradesh
Decided on: Apr-03-1997
Reported in: 1997(3)ALT524
M.N. Rao, J. 1. This appeal by the Government of Andhra Pradesh represented by the Deputy Secretary, Finance and the Superintending Engineer, Irrigation Circle, Kurnool is preferred against the order of the learned First Additional Judge, City Civil Courts, Hyderabad in O.P. No. 85/90 dated 30th October, 1995, allowing the plea of the respondent No. 1 Ch. Ramalinga Reddy, a Class-1 Contractor for removal of respondents 2, 3 and 4 herein (respondents 3 to 5 in the O.P.) as Arbitrators and appoint another Arbitrator in their place to adjudicate the dispute between him and the Superintending Engineer, Irrigation Circle, Kurnool. By the impugned order, the learned Judge directed both parties to file a list of Arbitrators within six days for appointing one of them as sole Arbitrator. 2. Pursuant to the tenders called by the Superintending Engineer, Irrigation Circle, Anantapur in respect of formation of a new tank in the District one D. Seetharam Reddy's tender was accepted and an agreement...
State of Andhra Pradesh, Rep. by the Superintending Engineer Vs. P. So ...
Court: Andhra Pradesh
Decided on: Apr-03-1997
Reported in: 1997(2)ALT551
ORDERM.N. Rao, J.1. These two matters are inter-connected and so we are disposing them of by this common judgment.2. The point at issue in both these matters concerns the validity of the award passed by Sri S.C. Rangappa, Retired District Judge, in the matter of Arbitration of disputes arising within the contract for construction of Anicut across Gowrarapu Vagu, Komatipalli Village, Eturunagaram Taluk, Warangal District under Agreement No. 2/77-78, dated 7-4-1977. As per the agreement dated 7-4-1977, the Contractor was required to carry out works valued at Rs. 8,25,125.92 Ps. and the work was to be completed before 20th January, 1978. The site was handed over on 21-1-1977 but as the contractor could not complete the work, the time for completion was extended four times, the last extension expired on 31-12-1983. The Contractor could do work of the value of only Rs. 3,92,044/-. On 3-1-1984, the contract was terminated under Clause 61 of P.S. to A.P. Detailed Standard Specifications. Afte...
G. Chaya Devi Vs. Regional Manager, A.P.S.R.T.C. and ors.
Court: Andhra Pradesh
Decided on: Apr-03-1997
Reported in: 1997(2)ALT736
ORDERB.S.A. Swamy, J.Note: The receipt of this order will be deemed to be the receipt of notice in the case.1. The grievance of the petitioner in this writ petition is that the respondents are not considering her case for appointment as Lady Conductor on the ground that she fell short of the required height in spite of the certificate given by the Competent Doctor viz., Civil Assistant Surgeon, Nalgonda Hospital.2. Heard the learned Standing Counsel for the APSRTC. He submits that the authorities felt that the petitioner is short of the required height and in the light of the certificate given by the Civil Assistant Surgeon she may be referred to the R.T.C. Head Quarters Hospital at Tarnaka for authoritative determination of her height.3. Accepting the request of the respondent's Counsel, I direct the petitioner to appear before the Medical Superintendent, RTC Head quarters Hospital, Tarnaka who in turn shall certify the height of the petitioner by following the procedure.4. In the mea...
Jaldu Raja Visala Subba Rao and ors. Vs. District Collector (La) and o ...
Court: Andhra Pradesh
Decided on: Apr-03-1997
Reported in: 1997(3)ALT34
Y. Bhaskar Rao, J.1. This writ appeal is filed assailing the judgment of the learned single Judge dated 4-11-1995 in Rev. W.P.M.P. No. 30488 of 1995 in W.P. No. 11600 of 1994, rejecting grant of relief of interest as prayed for in the writ petition as per Section 34 of the Land Acquisition Act (in short 'the Act').2. The facts of the case are that the land of the appellants was acquired. Draft notification under Section 4(1) of the Act was published on 27-7-1981 and the Award was passed on 21-1-1984. There was a dispute regarding the apportionment of compensation and hence the matter was referred to the Civil Court under Section 31(2) of the Act. The appellants also sought a reference under Section 18 of the Act and the same is pending. The appellants filed a writ petition seeking a direction for payment of the additional amount of compensation under Section 23 of the Act and 30% solatium under Section 23(2) of the Act and interest under Section 34 of the Act, stating that the grant of...
A.P. Judicial Employees Association, Mangalagiri Unit, Rep. by Its Pre ...
Court: Andhra Pradesh
Decided on: Apr-03-1997
Reported in: 1997(3)ALT479
ORDERS. Parvatha Rao, J.1. The petitioner is the Andhra Pradesh Judicial Employees Association, Mangalagiri Unit. Its President has given the affidavit in support of the present Writ Petition. He states that the 33 employees working in two Munsif Magistrate Courts located in Mangalagiri Town have been receiving House Rent Allowance (HRA) at 20% and also City Compensatory Allowance at Rs. 30/- on that basis. According to him, the HRA at 20% is being paid to the staff working in the two Munsif Magistrate Courts located near old bus stand in Mangalagiri Town on the basis that their place of work is 8 Kilometres from Vijayawada City thereby entitling them to claim HRA applicable to those working in the local area of Vijayawada City. He states that they have been drawing HRA on par with Vijayawada City employees since 1979. Now, they find that under G.O. (P) No. 341 dated 30-9-1994 of Government of Andhra Pradesh in Finance & Planning (FW. PC.II) Department, the 1st respondent ordered that ...
A.P. Industrial Infrastructure Corporation Ltd., Rep. by Its Secretary ...
Court: Andhra Pradesh
Decided on: Apr-02-1997
Reported in: 1997(4)ALT11
ORDERD.H. Nasir, J.1. Heard the learned Counsel Sri P. Rambhoopal Reddy for the appellant. None present for the respondent.2. The only point which is challenged in this appeal is the finding of the Trial Court as recorded in paragraph 13 of the impugned judgment that 'out of the sale proceeds of the suit shed, the plaintiff is entitled to appropriate the balance hire due till the date of possession, the amount spent for recovering possession and if any surplus is found, the defendant is entitled for the same.'3. The learned Judge seems to have wholly misconceived the contract of hire purchase which is admitted in evidence at Ex.A-3. The fact that the respondent has committed breach of the terms and conditions of the hire purchase agreement is not disputed, inasmuch as the respondent had to pay the first instalment on or before 1-10-1977, second instalment on or before 5-1-1978, which the respondent failed and neglected to pay. The suit shed which was allotted to the respondent by the a...
S. Sarvaiah Vs. Prabhavathi and ors. - L.Rs. of Joseph
Court: Andhra Pradesh
Decided on: Apr-02-1997
Reported in: 1997(4)ALT240
ORDERV. Bhaskara Rao, J.1. The judgment in R.A.No. 168 of 1980 on the file of Chief Judge, City Small Causes Court, Hyderabad, dated 1-8-1991 is assailed in this Revision Petition by the landlord. The Rent Controller allowed R.C. No. 93/80 on the sole ground of wilful default in payment of rent for the period from 18-12-1978 to 17-3-1980 and the learned Chief Judge while confirming the finding regarding wilful default in payment of rent reversed the order on the ground that the landlord is not the sole owner and a co-sharer cannot maintain the eviction petition against another co-sharer. Hence this revision petition.2. It is noteworthy that in the counter filed by the tenant a ground is raised that the premises originally belonged to Easwaraiah, who died intestate in the year 1964 leaving behind his widow, three sons, one of them being revision petitioner herein and four daughters one of them being Respondent No. 1 and that the remaining heirs of late Easwaraiah have not authorised the...
Motamarri Surya Kameswara Rao Vs. Namburu Satyanarayanamma (Died) Per ...
Court: Andhra Pradesh
Decided on: Apr-02-1997
Reported in: 1997(3)ALT209
ORDERC.V.N. Sastri, J.1. This is a tenant's revision against the orders of eviction concurrently passed against him by the Rent Controller and the appellate authority under the provisions of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, (for short 'the Act'). The petition for eviction was filed by the landlady on the following grounds:(1) bona fide requirement;(2) that the tenant has secured alternative accommodation and ceased to occupy the building for a continuous period of four months;(3) that the tenant used the building for the purpose other than that for which it was leased;(4) wilful default in payment of rents;2. The Rent Controller ordered eviction upholding the first three grounds and rejected the last ground.3. On appeal, the appellate authority confirmed the order of eviction on all the three grounds which found favour with the Rent Controller. It may be mentioned that during the pendency of the appeal before the appellate authority the landlady di...
Devarakonda Edl. Society Vs. All India Council Technical Education and ...
Court: Andhra Pradesh
Decided on: Apr-01-1997
Reported in: AIR1997AP389; 1997(3)ALT117
ORDER1. The two writ petitions emanate between the same parties involving several common questions of law and facts. Among them. W. P. No. 24515/96 was filed earlier on 19-11-1996 and W. P. No. 27059/96 was filed later on 17-12-1996. The common petitioner is an Educational Society located at Madhapur. Ranga Reddy district, Hyderabad. The common respondents are the All India Council for Technical Education (in short AICTE-1st respondent), theGovernment of Andhra Pradesh (in short, the Government-2nd respondent), the Commissioner and Director of Technical Education (in short. the Director-3rd respondent). A. P. State Council of High Education (in short, the State Council-4th respondent) and the Convenor. EAMCET (in short, the Convenor-5th respondent). In W. P. No. 24515/96, the petitioner sought a writ of Mandamus declaring that the petitioner is entitled to the approval by the first respondent and for clearance from respondents 2 to 5 to establish and commence the D. V. R. College of En...
Mukutla Lalita Vs. Commissioner of Income Tax and ors.
Court: Andhra Pradesh
Decided on: Apr-01-1997
Reported in: (1998)144CTR(AP)40; [1997]226ITR23(AP); [1998]98TAXMAN193(AP)
Lingaraja Rath, J.1. The petitioner, who was hitherto being assessed for the purpose of income-tax by the ITO, Ward 3, Kakinada, and had been allotted GIR No. L-754, has come before us complaining to have received an order dt. 26th November, 1996, transferring her file from the jurisdiction of the third respondent - ITO, Kakinada - to the second respondent - Asstt. CIT, Circle I,. Rajahmundry, in purported exercise of the power under s. 127(2) of the IT Act, 1961, for short 'the Act'. 2. Mr. S. Ravi, learned counsel for the petitioner, has raised the question that s. 127(1) and (2) of the Act contemplates issue of a notice to the assessee before an order transferring the file is passed, but that no notice has been issued to the petitioner before effecting the transfer. 3. A counter-affidavit has been filed disclosing the stand that the petitioner's father's premises was raided which yielded some materials connecting also the petitioner to the suppressed income detected for which procee...
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