Andhra Pradesh Court June 1997 Judgments

Gattamaneni Prameela and ors. Vs. Avula Hymavathi and anr.

Court: Andhra Pradesh

Reported in: 1997(2)ALD(Cri)1

ORDER1. By this petition under Section 482, Cr.P.C., the petitioners who are accused Nos. 3, 4 and 5 respectively in C.C. No. 442/96 on the file of the III Metropolitan Magistrate, Viajayawada in Krishna District are challenging the proceedings initiated against them in that case by the 1st respondent herein. 2. A copy of the complaint-petition in C.C. No. 442/96 is filed along with this petition. As seen from the averments of this complaint-petition, the allegations against these petitioners are as follows : The 1st accused M/s. Padmalaya Finance Corporation is a partnership firm and carrying on finance business. The 2nd accused Aluvelu Mangamma is its Managing Partner. Accused 3, 4 and 5 (petitioner herein) are its partners, 6th accused is its Manager and 7th accused is the husband of the 2nd accused. The 1st respondent-complainant deposited a sum of Rs. 15,000/- on 17-1-1986 and Rs. 15,500/- on 12-1-1987 with the 1st accused and the 1st accused agreed to pay on the said amounts inte...

Vedurumudi Rama Rao Vs. Chennuri Venkat Rao and anr.

Court: Andhra Pradesh

Reported in: 1997(2)ALD(Cri)192; 1997CriLJ3851; 1997(2)LS220

ORDER1. By this application under Section 482, Cr.P.C. the petitioner V. Rama Rao is challenging the proceedings initiated against him under Section 500, I.P.C. by the 1st respondent herein in C.C. No. 114/92 on the file of the III Addl. Metropolitan Magistrate, Visakhapatnam. 2. The 1st respondent, Chennuri Venkat Rao, filed a private complaint in C.C. No. 114/92 alleging that he hails from a respectable family at Srikakulam, that he is doing business in transport, that he developed good rapport with different sections of society including financial institutions, that he obtained loan facilities form Gajuwaka branch of Andhra Bank, that the loan amounts obtained by him were properly utilised for the purpose for which they were granted to the knowledge of all concerned in the bank including the petitioner/accused, who was working as Regional Manager Andhra Bank, Visakhapatnam at that time. It is further alleged in the complaint that the accused issued the circular dated 21-8-1990 to al...

S.S.R.N. Sarma and anr. Vs. Registrar (Administration), High Court of ...

Court: Andhra Pradesh

Reported in: 1997(4)ALT94

S. Parvatha Rao, J.1. The short question raised by the two petitioners in this Writ Petition is whether the degree of Bachelor of General Laws ('BGL degree' for short) acquired by them in May, 1985 from the University of Mysore through Correspondence Course is a 'Degree in Law' prescribed as a qualification by Rule 7 (5) (a) of the Andhra Pradesh High Court Service Rules, 1975 ('1975 Rules' for short) for promotion to the post of Assistant Registrar in the Andhra Pradesh High Court Service ('the Service' for short).2. Dealing with a similar question with reference to Rule 12 of the Andhra Pradesh State Judicial Service Rules ('JS Rules' for short) a Division Bench of this Court in its Judgment in D.A. Padmanabham v. The High Court of Andhra Pradesh judgment dated 21-3-1996 in Writ Petition No. 5608 of 1996 held that BGL degree was not a degree in Law as contemplated by that Rule. The petitioners state that when they appeared before the 'Promotion Committee' for consideration to the pos...

K.V. Shah Vs. Gudise Chinnaiah

Court: Andhra Pradesh

Reported in: 1997(4)ALT463

D.H. Nasir, J.1. The short controversy involved in this appeal is whether the agreement of sale in all its import and purport was not an agreement for outright sale of the property but was confined only to a lease for excavation of tale stone.2. In a suit for specific performance filed by the plaintiff-appellant, the Trial Court held that the plaintiff was not entitled for a decree of specific performance mainly on the ground that the plaintiff failed to prove that he was ready and willing to perform his part of the contract. The Agreement of sale being Ex.B-2 dated 19-3-1983 was not disputed. The receipt of down payment of Rs. 8,342/- by the defendant from the plaintiff at the time when Ex.B-2 was executed was also not disputed.3. The Agreement of sale Ex.B-2 discloses that an extent of Ac. 08.15 cents in Sy. No. 176 in Bodduvaripalle was agreed to be sold to K.V. Shaw s/o Brijlal B. Shaw, belonging to Kurnool village, at the rate of Rs. 4,950/- per acre by way of an absolute sale and...

Coramandal Fertilisers Ltd. Rep. by Its Managing Director Vs. P. Venka ...

Court: Andhra Pradesh

Reported in: 1997(5)ALT509

ORDERV. Rajagopala Reddy, J.1. The reference touches upon some important questions relating to the nature of the Rules framed by the High Court under Article 225 of the Constitution of India and the nature of the power of the Chief Justice in the matter of constitution of Benches. Since it was felt necessary to obtain an authoritative pronouncement in the above matters, the cases were referred to a Full Bench.2. In Criminal Petition No.2578 of 1994 the petitioner who is the 1st accused in STC No. 1 of 1994 on the file of the Special Tribunal-cum-District & Sessions Judge, Chittoor, invoked the jurisdiction of this Court to quash the above proceedings on various grounds, Under Section 482 of the Code of Criminal Procedure. W.P.No.12363 of 1988 was filed by the APSRTC represented by its Managing Director, under Article 226 of the Constitution of India, seeking a Writ of Mandamus to declare the proceedings adopted by the respondents as arbitrary and illegal and for a direction to the resp...

Maharashtra Hybrid Seeds Co. Ltd. Vs. Prasad and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complainant in O.P. 74/95 District Forum, Nizamabad purchased on 30.11.1994 from the second opposite party 2 kgs. of sunflower seeds which were manufactured by the first opposite party i.e. M/s. Mahyco. According to the complainant due to the sub- standard variety of the seeds supplied, there was only 30% of the yield. As the normal yield is 10 quintals, the complainant sustained a loss of 7 quintals. Therefore the complainant claimed a lossof Rs. 34.000/- at the rate of Rs. 1,400/-per quintal for 3 acres. 2. The first opposite party resisted the claim on the ground that the complainant should have made the Hyderabad Branch as opposite party and not the Regional Manager of M/s. Mahyco and the seeds were not sent to the laboratory for testing and that the seeds sold by the first opposite party were tested in their quality control laboratory and then only released in the market. Moreover the yield depends on the climatic condition, nature of soil, ...

G. Devendranath and 9 ors. Vs. Executive Officer, Secunderabad Cantonm ...

Court: Andhra Pradesh

Reported in: AIR1998AP72

P.S. Mishra, C.J. 1. This litigation has a long and chequered history of several petitioners coming to this Court, the main thrustbeing that several persons occupied or grabbed lands belonging to the Government of the State and/or the Union of India and in particular in the case of at the first instance by one T. K. Kodanda Ram, who claimed/claims to be the Chairman of the Weavers Educational Advancement Vocational Economic Rehabilitation Society, in Writ Petitioner No. 15144 of 1985 this Court ordered in W. P. M. P. No. 21049 of 1985 on 31-12-1995 that the Station House Officer, Maredpalli Police Station, Secunderabad and the Executive Officer, Cantonment. Board, Secunderabad, would take action according to law. While so; there have been civil suits filed and contested by various parties and if the events in this behalf are recapitulated, finally in a batch of Writ Petitions in Writ Petition No. 13352 of 1993 and other cases, Justice N. Y. Hanumanthappa ordered on 10-2-1995 that all u...

Chairman and Managing Director, Rastriya Pariyojna Nirman Nigam Limite ...

Court: Andhra Pradesh

Reported in: AIR1998AP127; 1997(5)ALT96

Lingaraja Rath, J.1. This case was taken up for admission and as we were about to issue notice for the respondent to appear, Mr. S. V. R. Subramanyam submits that he is appearing for the respondent and is ready with the matter. Since this case relates to the validity of an order passed under Order 38, Rule 5 of the Code of Civil Procedure against the appellants, admitting the appeal and keeping it for hearing, we will hold up the suit unnecessarily. We have, with the consent of the parties, heard the matter and we dispose of the appeal by the following order.2. The respondent has tiled an application under Section 8 of the Arbitration Act (Act 1940) for referring the dispute between the parties to arbitration and in that application filed a petition under Order 38, Rule 5 of the Code of Civil Procedure read with Section 41(b) of the Arbitration Act for attachment before judgment of the amounts to be paid into the bank account of the appellants by the garnishee, N.T.P.C.Talcher. On an o...

Manam Yanadaiah and ors. Vs. Commissioner of Survey Settlement and Lan ...

Court: Andhra Pradesh

Reported in: 1997(4)ALT156

ORDERT.N.C. Ranga Rajan, J.1. These three writ petitions are directed against the Order dated 28-9-1995 passed by the Commissioner of Survey Settlement and Land Records, Hyderabad.2. The matter relates to certain lands at Somasila village. The Special Deputy Tahsildar (Inams), Nellore, passed an order on 22-11-1976 Under Section 3(2) of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (for short 'the Act') holding that the lands were held by the institution being Sri Someswara Swamy Temple, Somasila, and not by any individual. The consequence of this determination was that no tenant was entitled to a separate ryotwari patta. But, if, however, there were tenants in the lands, their occupancy rights were protected Under Section 8 of the Act. Therefore, when the institution filed an application for ryotwari patta Under Section 7 of the Act, the Special Deputy Tahsildar passed an order on 14-4-1977 granting ryotwari patta to the institution. Simulta...

Raghavaiah D. Vs. Chairman, A.P.S.E.B., Hyderabad and ors.

Court: Andhra Pradesh

Reported in: 1997(3)ALT692; (1998)ILLJ47AP

ORDERS. Parvatha Rao, J. 1. The Petitioner questions the action of the 2nd respondent i.e., the Chief Engineer, Electricity, Central Zone, Vijayawada in 'Imposing the punishment against the petitioner by way of disciplinary action' under Memo No. Persl/CF3(97-A) VJA/338/90, dated April 10, 1990, as confirmed by the 1st respondent i.e. the Chairman, Andhra Pradesh State Electricity Board ('the Board' for short) in Memo No. DP/DMV/S.II/670-02/90-2, dated March 25, 1991, as illegal and void and consequently to direct the respondents to reinstate him to duty with all consequential benefits. 2. It is not in dispute that an enquiry was duly conducted by the 2nd respondent after giving adequate opportunity to the petitioner in respect of the following charges :- 'CHARGE I : You have abstained from duty at Operation Section, Karampudi from July 22, 1983 F.N. You have not submitted proper leave application. Hence, your absence from July 22, 1983 F.N. is unauthorised. GROUNDS FOR THE CHARGE : ...