Andhra Pradesh Court July 1997 Judgments

G. Adinarayana Rao Vs. Branch Manager, the New India Assurance Co. Ltd ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complaint C.D. 47/92 was filed claiming a sum of Rs. 1,34,126/- with interest under the insurance policy issued by the opposite parties to the complainant and for compensation of Rs. 25,000/-. As the opposite parties, inspite of notice, did not appear and file their version or participate in the case, they were set ex parte. On 17.6.1994 this Commission allowed the complaint on the basis of the evidence adduced by the complainant. As the opposite parties did not file their version, they preferred an Appeal F. A. 527/ 94 to the National Consumer Disputes Redressal Commission, New Delhi and the National Commission set aside the order of this Commission and remanded the case to this Commission for de novo adjudication on the merits after affording an opportunity to both sides to fully place their contentions before it, subject to a condition that the appellants shall pay a sum of Rs. 5,000/- by way of costs to the Counsel appearing for the responden...

Mohammed Sulaiman and Another Vs. the Andhra Pradesh Wakf Board and An ...

Court: Andhra Pradesh

Reported in: AIR1997AP387; 1997(5)ALT740

1. Plaintiffs are the appellants. Suit for declaration that the 1st respondent had no jurisdiction to grant Towliath (succession) in favour of the 2nd defendant-respondent and. therefore, its order dated 6-4-1977 is illegal and void, has been dismissed.2. The facts giving rise to his appeal may be briefly stated as follows :--There is a Mosque popularly known as the `Jama Mosque' at Vellandu and this Mosque owns 25 milgis. The Grandfather of the second respondent, namely Mohammed Khasim since deceased, was the Muthavalli and Secretary of the 'Jama Mosque' and used to manage the affairs of the Mosque and Milgis After coming into force of the Wakf Act, 1954 (for short the Wakf Act), the Wakf Board had taken over the supervision of the Mosque and the Malgis. On 19-2-1935 late Mohammed Khasim executed a Wakf Deed, Ex. A 16 in Urdu (translated copy in English of the same is at Ex. A 17), whereby he declared that after his death his elder (son) and after his death his son would become Mutawa...

A.P. Small Scale Industrial Development Corporation Limited Vs. Chanda ...

Court: Andhra Pradesh

Reported in: 1998(1)ALD470

ORDERP.S. Mishra, CJ.1. The inslant appeals have arisen from ajudgment which is delivered in Writ Petition No. 26072 of 1996 and several other writ petitions. Alt the writ petitions have been heard together and disposed of by a common judgment. It is alleged, that the writ petitioners - respondents are small scale industries and engaged in manufacturing of certain electrical items. The Government of the State introduced a scheme, allegedly to help the small scale industries in the State in the matter of marketing their goods, styled as MAS and for that purpose issued G.O.Ms.No.181 (Industries and Commerce) Department, dated 9-4-1985, under which G.O. AP. Small Scale Industrial Development Corporation Ltd., was nominated as the sole selling agency. Accordingly the Order directed the Government Departments and Gram Panchayals to procure the required materials through Appellant - Corporation alone. The Government, subsequently, issued G.O.Ms.No.240, dated 22-5-1989 providing that the inde...

Chiraqdalvi Mohammed Abdul Azeem Ahmed Vs. the State

Court: Andhra Pradesh

Reported in: 1998(1)ALD(Cri)65; 1998CriLJ3112

ORDER1. The petitioner is the accused No. 1 in the Court below and he has challenged the order of the VII Additional Munsif Magistrate, Guntur, dated 3-4-1987, passed on his file in Crl.M.P. No. 121/97 in C.C. No. 55/90. By the impugned order the petition filed by the petitioner requesting the Court to implead the witnesses PW 15 and 16 as the accused in the case has been rejected. 2. The learned counsel Sri A. T. M. Rangaramanujam appearing for the petitioner strenuously contended that the impugned order is illegal and without jurisdiction. On the other hand the public Prosecutor supported the order. 3. In order to appreciate the rival contentions, it is necessary for me to note brief facts of the case. The petitioner and the other accused are charged for an offence punishable under Section 120B, 409, 468, 471 and 201 of IPC in C.C. No. 55/90 on the file of the VII Additional Munsif Magistrate, Guntur. After examination of about 38 witnesses on behalf of the prosecution the case was p...

Special Deputy Collector La Unit-ii Lmd, Karimnagar Vs. N. Laxmaiah

Court: Andhra Pradesh

Reported in: 1999(2)ALD171; 1997(5)ALT214

ORDERP. Venkatarama Reddi, J.1. Alarge extent of more than 1500 acres of wet and dry lands situate in Hasnapur village of Karimnagar District was acquired in the year 1977 as it was liable for sub-mersion while executing the Lower Manair Dam Reservoir Project. The notification under Section 4(1) of the Land Acquisition Act was published in A.P. Gazette on 24-3-1977. The Land Acquisition Officer passed an Award on 15-7-1978. He awarded compensation at Rs. 1320/- per acre of dry land and at Rs.2720/-per acre of wet land.2. The respondent in this appeal filed by the State Government claimed 1/16th share over an extent of 31 acres of dry land and Ac.4-17 guntas of wet land situate in Sy.Nos.612, 625 etc., of Hasnapur. By the aforementioned Award, the Land Acquisition Officer granted him compensation as l/16thshare-holder. The respondent sought for reference under Section 18 of the Act. In the reference application, he requested for determination of market value at Rs.4,000/-per acre of dry...

Vet India Pharmaceuticals Ltd. Vs. Government of Andhra Pradesh and an ...

Court: Andhra Pradesh

Reported in: 1998(3)ALD284

1. The petitioner's Company is engaged in the manufacture and sale of Veterinary Medicines and has registered itself as a Small Scale Industry with the Government of Andhra Pradesh. It is one of the Rate contract supplier of Veterinary medicine. The petitioner claims that it has a net-work of selling Veterinary medicine outside the State also, throughout country. There has been never any complaint against the quality of standard of the Veterinary medicine supplied by the petitioner is the claim of the petitioner.2. The Department of Animal Husbandry, Government of Andhra Pradesh appears to have evolved the system of maintaining a panel of Rate Contract supplier every year for the purpose of purchasing veterinary medicine and Therapeutics at the specified rates subject to such terms and conditions specified in the contract. The second respondent herein through tender notification in the newspapers invited tenders for registration of rate contract supplier for the year 1997-98. The last ...

K.M. Krishnaiah Vs. Tirumala Tirupathi Devasthanam, Rep. by Its Execut ...

Court: Andhra Pradesh

Reported in: 1997(5)ALT258

ORDERKrishna Saran Shrivastav, J.1. This revision is directed against the order passed by the Additional District Judge, Tirupathi, in A.S.No. 75/1988, dated 22-8-1994, whereby the order passed by the Principal District Munsiff, Tirupathi, assessing the mesne profits, has been set aside and the case has been remanded for decision afresh after giving opportunity to both parties to lead further evidence.2. The facts giving rise to this revision may briefly be stated as follows. A decree for possession of the suit lands had been passed by the High Court in S. A.No. 781 /1982, dated 24-4-1987 against the respondent-judgment debtor which preferred a special leave to appeal bearing No. 5760/87. At the instance of the petitioner, the Apex Court granted special leave to it to appeal on 27-7-1987 and was pleased to order stay of execution of the decree of the High Court which reads as under :'Till the disposal of the appeal there shall be stay of the execution of the decree of the High Court su...

State Bank of Hyderabad, Bolaram Branch, rep. by Its Branch Manager Vs ...

Court: Andhra Pradesh

Reported in: 1997(5)ALT45

P.S. Mishra, C.J.1. Questioning the action of the petitioner-Bank in seizing stock-in-trade, locking and sealing the business premises of the 1st respondent-contemnor was called in question by the latter in Writ Petition No. 28081 of 1995. The authority of the petitioner - Bank to seize the stock-in-trade by virtue of the powers vested in it under Clause 7 of the Deed of Hypothecation was not disputed before the Court. Learned single Judge dismissed the writ petition holding, inter alia, as follows:'There is no dispute between the parties that as against the drawing power of the petitioner to draw a sum of Rs. 19.2 lakhs, the petitioner drew a sum of Rs. 22,85,607-48 ps. In other words, the outstanding is more than the limit. Therefore, it cannot be said that the action of the respondents-Bank to resort to the power available to it under Clause (7) of the Hypothecation agreement is illegal or invalid.'2. The said order was challenged in appeal wherein it was brought to the notice of th...

Malayala Rajeswara Rao and ors. Vs. Basmakar Rao, Spl. Collector (La) ...

Court: Andhra Pradesh

Reported in: 1999(3)ALT110

ORDERV. Raja Gopal Reddy, J.1. The petitioners filed this contempt case complaining that the order passed by this Court in W.P. No. 9142 of 1996 dated 4-6-1996 has not been complied with. The above order is in the following lines:'Having regard to the circumstances, I direct the respondents to deposit the compensation amount to the credit of O.P. Nos. 164/89,165/89 and 61/90 on the file of the Principal Subordinate Judge, Warangal within three months from the date of receipt of a copy of this order and the amount paid out to the petitioners, if no appeal has been filed within the time. Otherwise the learned Sub-Judge may pass suitable orders on the payment.The writ petition is accordingly disposed of. No costs.'It is contended by the learned Counsel for the petitioners that the respondents are liable to pay the entire decretal amount in the O.Ps. and it is not enough for the respondents to have paid the compensation amount only with respect to the petitioners. The learned Government Pl...

Alla Baksh Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 1997(2)ALD(Cri)453

1. This is an appeal by the sole accused in S.C. No. 17/93 on the file of the Special Judge for trial of cases under Essential Commodities Act-cum-III Addl. Metropolitan Sessions Judge, Hyderabad. By the judgment, dated 6-7-1995, the accused has been convicted for the offences u/S. 8(c) r/w. Ss. 18 and 20(b)(2) and 20(b)(1) of NDPS Act and sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 1,00,000/- and in default, to suffer R.I. for five years for the offence under S. 18 of NDPS Act and further sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 1,00,000/- for the offence under S. 20(b)(2) and he was further sentenced to undergo R.I. for 3 years and to pay a fine of Rs. 10,000/- for the offence u/S. 20(b)(1) of NDPS Act. The sentences of imprisonment are ordered to run concurrently. 2. The prosecution case in brief, is as follows : PW-1 J. Narasinga Reddy, the then Inspector of Police, CID, Narcotic Cell received information at about 2 p.m. on 24-7-1993 that ...