Andhra Pradesh Court May 1997 Judgments

Executive Officer Vs. P. Venugopalam and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1.The complaint O.P. 53/95 District Forum, Guntur was filed by P. Venugopalam, Proprietor, Vishnu Bhavan, Railpet, Guntur against (1) Executive Officer, Sri Anjaneya Swamy Temple, Railpet, Guntur, and (2) Guntur Municipality represented by its Commissioner seeking a direction to the opposite parties to reconnect the water tap connection which was disconnected by the second opposite party on 25.1.1995 on the ground that the property tax has to be paid by the tenant i.e. complainant. 2. It is not in dispute that the complainant's father was a lessee of the premises in question from Sri Anjaneya Swamy Temple which is the owner of the property and obtained water tap connection in his own name. Thereafter the complainant continued to be the tenant and it is also not in dispute that the complainant has been regularly paying the water tax due and payable in respect of water connection to the Municipality. 3. Alleging that the owner of the property i.e. Executi...

V. Bhaskar Reddy and ors. Vs. Managing Director, the Tirupati Co-opera ...

Court: Andhra Pradesh

Reported in: 1998(4)ALT116

ORDERB. Sudershan Reddy, J.1. In the instant writ petition, the petitioners are aggrieved by the action of the respondents in fixing their seniority below the respondents 5 to 11 and they seek for the issuance of a writ of Mandamus declaring; the action of the respondents as unjust, arbitrary and illegal and without jurisdiction. The petitioners also pray for a consequential direction directing; the respondents 1 to 4 herein to fix up the petitioners seniority in the cadre of Accountant with retrospective effect, in the same way as it was done in case of similarly situated employees vide Order Dt. 8-9-1993.2. It is required to notice that the writ petition is mainly directed against the respondents 1 and 2, though the Deputy Registrar/Divisional Co-operative Officer and the Registrar of Co-operative Societies, Government of A.P. are also added as respondents 3 and 4. There are no averments as against respondents 3 and 4 and the affidavit docs not disclose any cause as against them exce...

A.P. Sampoorna Madya Nisheda Samithi and Others Etc. Vs. State of Andh ...

Court: Andhra Pradesh

Reported in: AIR1997AP312; 1997(2)ALD(Cri)64; 1997(3)ALT1

ORDERP. S. Mishra, C. J. 1. An organisation mailed 'A. P. Sampoorna Madya Nishedha Samithi' and two persons Smt. Malladi Subbamma and Smt.Sandhyanvadanam Lakshmi Devi have moved this Court under Art. 226 of the Constitution of India seeking any appropriate writ, order or direction, more particularly one in the nature of a writ of mandamus declaring theA.P. Prohibition (Amendment) Act, 1997. Act 5 of 1997 (hereinafter called Amendment Act) as unconstitutional and void and consequently directing the Government of Andhra Pradesh to strictly implement the provisions of the A.P. Prohibition Act, 1995, Act 17 of 1995 (hereinafter called Prohibition Act). Smt. Malladi Subbamma who has claimed to be the President of the Samithi has stated that it is an unregistered society formed on 20-9-94 of persons drawn from different walks of life and from different places as a culmination of movement for imposition of total prohibition in the State. It is said on 24-9-94 nearly 20,000 people participated...

Chairman, L.i.C. of India, Bombay and Others Vs. Kalangi Samuel Prabha ...

Court: Andhra Pradesh

Reported in: AIR1997AP304

ORDERV. Bhaskar Rao, J,1. The Writ Appeals Nos. 330 of 1995 and 331 of l995 are filed assailing the judgment of the single Judge allowing the Writ Petitions and quashing the circular's dated 13-8-1981 and 30-7-1987 of the Life Insurance Corporation of India. Writ Petition No. 6925 of 1994 is filed seeking a Writ of Mandamus declaring the order dated 7-12-1993 of the second respondent therein as confirmed by the first respondent vide his order dated 17-3-1994 asillegal, void and unconstitutional. Writ Petition No? 11490 of 1996 is filed seeking a Writ of Mandamus calling for the records of the first respondent in Ref. No. Mktg/liSU/2733 dated 22-3-1993, quash the same as arbitrary and illegal and consequently reinstate the petitioner as Life Insurance Corporation of India agent with all consequential benefits.2. By the circular dated 13-8-1981 the decision of not giving Life Insurance Corporation of India agency to any applicant whose spouse (wife/ husband) is employed in the Central/St...

M/S. Ramnath Omkarmal, Hyderabad Vs. Chief Engineer, Electricity, West ...

Court: Andhra Pradesh

Reported in: AIR1997AP371; 1997(4)ALT291

ORDERS. Parvatha Rao, J. 1. The petitioner, a partnership firm, seeks a writ of Mandamus declaring the action of the respondents in charging it for utilising the power for the manufacture of re-rolling items as illegal, arbitrary, unjust and void.2. In support of the writ petition, one of the petitioner's partner gave the affidavit. He states that the petitioner sought for supply of High Tension power 'for establishing an industrial unit under S.S.I, sector' and that the 1st respondent i.e. the Chief Engineer, Electricity. Western Zone. A.P.S.H.B. gave feasibility report dated 14-7-1988 and that thereafter the petitioner was required to pay by the 2nd respondent i.e. the Divisional Engineer. Operation, Zone I, A.P.S.E.B. by his letter, dated 16-7-1988 a sum of Rs. 1,32,500/-towards security deposit. Rs. 54,000/- towards service line charges and Rs. 10,000/- towards service connection charges and thereafter, the petitioner entered into an agreement with the Andhra Pradesh Stale Electric...

G.V.K. Industries Limited and anr. Vs. Income-tax Officer and anr.

Court: Andhra Pradesh

Reported in: [1997]228ITR564(AP)

Syed Shah Mohammed Quadri, J.1. This writ petition arises out of the application filed by the first petitioner, G.V.K. Industries Ltd. (hereinafter referred to as the 'petitioner-company'), under section 195 of the Income-tax Act, 1961 (for short the 'Act'), for a 'no objection certificate' for making remittance of Rs. 5.4 crores to ABB-Projects and Trade Finance (International) Ltd., Zurich, Switzerland (hereinafter referred to as 'non-resident company/NRC'). 2. There are two petitioners in this writ petition. On June 18, 1992, the first petitioner was incorporated as a public limited company, registered under the Companies Act, 1956. The second petitioner is the director of the first petitioner. The main object of the petitioner-company is to generate and sell electricity. For this purpose, it constructed and erected a power generating station with a capacity of 235 MW designed to operate using natural gas as fuel near Rajahmundry of East Godavari District of Andhra Pradesh. The peti...

N. Jagadesh Babu and ors. Vs. Geeta Bai and ors.

Court: Andhra Pradesh

Reported in: 1997(4)ALT127

P. Ramakrishnam Raju, J.1. The plaintiffs are the appellants. They filed the suit for specific performance of an agreement for sale dated 31-12-1978 executed by respondents 1 to 3; or alternatively to grant a decree for partition and separate possession of 3/8th share of plaint schedule; or alternatively to grant a decree for a sum of Rs. 1,50,000/- by way of damages.2. Appellants 2 and 3 are sisters of Appellant No. 1. Respondents 2 to 4 are the sons and 5 to 8 are the daughters of first respondent. Respondent No. 1 is the absolute owner of Ac.43-00 cents of agricultural land in Survey Nos.113 and 114 of Moosapet village and Survey No. 580 of Kukatpally, Hyderabad, described in the schedule attached to the plaint. Respondent No. 1 offered to sell the said property and the appellants agreed to purchase the same at the rate of Rs. 5,000/- per acre. The suit agreement was executed on 31-12-1978 by the respondents 1 to 3 for a total consideration of Rs. 2,15,000/-. A sum of Rs. 116/- was ...

A. Ksheera Sagar Vs. A.P. Dairy Development Co-op. Federation Ltd., Re ...

Court: Andhra Pradesh

Reported in: 1997(3)ALT751

P.S. Mishra, C.J.1. Tell-tale facts of the case and the principles which shall govern compassionate appointments prompt us to narrate in brief the facts and state the law which the Courts are expected to apply in all cases of compassionate appointments. It is not in dispute that the father of the petitioner-appellant was an employee of the respondent-Co-operative Society and died in harness on 17-12-1995. Petitioner-appellant being a dependent of his father, who died in harness, made representation to the second respondent and requested that he be provided with appointment to a suitable post on compassionate grounds under the scheme then prevailing. The General Manager of the second respondent-Co-operative Society has issued the impugned proceedings dated 15-4-1996 which is extracted in full in the order of the learned single Judge, which is impugned before us and which, inter alia, states that the Board of the Society in its meeting held on 26-10-1995 has resolved to provide monetary ...

Tatavarthi Jagannadham (Died) Per L.R. Vs. Akkineni Radhakrishna (Plai ...

Court: Andhra Pradesh

Reported in: 1997(3)ALT661

C.V.N. Sastri, J.1. These two L.P.As., one filed by the defendant and the other filed by the plaintiff respectively arise out of a suit filed for specific performance of an agreement of sale dated 15-12-1984 (Ex.A-1) executed by the defendant in favour of the plaintiff in respect of a total extent of Ac.0-43 cents of vacant land in Nuzvid town. The execution of the agreement was not disputed by the defendant. The defendant, however, resisted the suit mainly on two grounds. Firstly, time was of the essence of the contract and inasmuch as the plaintiff failed to perform his part of the contract within the time stipulated in the agreement, he was not entitled to enforce the contract. Secondly, the plaintiff came to Court with unclean hands making false allegations and setting up a false claim for Plot No. 21 which was not covered by the suit agreement and as such he was disentitled for the equitable relief of specific performance.2. The trial Court decreed the suit in toto granting the re...

Life Insurance Corporation of India and ors. Vs. Kalangi Samuel Prabha ...

Court: Andhra Pradesh

Reported in: 1997(3)ALT783

Y. Bhaskar Rao, J.1. The Writ Appeal Nos. 330 of 1995 and 331 of 1995 are filed assailing the judgment of the Single Judge allowing the Writ Petitions and quashing the circulars dated 13-08-1981 and 30-7-1987 of the Life Insurance Corporation of India. Writ Petition No. 6925 of 1994 is filed seeking a Writ of Mandamus declaring the order dated 7-12-1993 of the second respondent therein as confirmed by the first respondent vide his order dated 17-3-1994 as illegal, void and unconstitutional. Writ Petition No. 11490 of 1996 is filed seeking a Writ of Mandamus calling for the records of the first respondent in Ref. No. Mktg/DSU/2733 dated 22-3-1993, quash the same as arbitrary and illegal and consequently reinstate the petitioner as Life Insurance Corporation of India agent with all consequential benefits.2. By the circular dated 13-8-1981 the decision of not giving Life Insurance Corporation of India agency to any applicant whose spouse (wife/husband) is employed in the Central/State Gov...