Andhra Pradesh Court August 1997 Judgments

T. Yesuratnam and ors. Vs. the Director of Mines Safety, Government of ...

Court: Andhra Pradesh

Reported in: 1997(6)ALD89; 1997(2)ALD(Cri)928; 1998CriLJ201; 1997(2)LS324

ORDER1. This petition is filed under section 482, Cr.P.C. to quash the proceedings in CC No. 185/1995 on the file of the Judicial Magistrate of First Class, Yellandu, Khammam District and also in Crl.R.P. No. 38 of 1996, dated 12-12-1996 on the file of the Addl. Sessions Judge, Khammam. 2. The facts in giving rise to the filing of this petition are, briefly, as follows :- The Director of Mines Safety, Government of India, Hyderabad, the first respondent herein filed complaint against the petitioners for an offence under sections 72(A) and 72(C)(1)(a) of the Mines Act, 1952 before the Judicial Magistrate of First Class, Yellandu alleging that the first petitioner is the Mining Sirdar, the second petitioner is the Overman, the third petitioner is the Undermanager, the fourth petitioner is the Manager and fifth petitioner is the Agent of 21 Incline mine belonging to M/s. Singareni Colleries Company Limited and they are bound to conduct all mining operations in accordance with the provisio...

Kosuri (Chandana) Dhanum Kumari Vs. Kosuri Venkata Vara Prasad

Court: Andhra Pradesh

Reported in: 1998(3)ALD608; 1997(5)ALT805; I(1998)DMC83

ORDERLingaraja Rath, J.1. The wife is in appeal assailing the decree of divorce granted to the husband by the Family Court, Visakhapatnam. The marriage between the parties took place on 25-6-1989 at Machilipatnam. At the time of the marriage and presently also, the respondent was and is an employee of the Steel Plant at Viskhapatnam and was staying in the quarters allotted to him by the Steel Plant. At the time of the marriage he was holding the post of Assistant Manager in the Steel Plant and it appears from the record that subsequently he was promoted as Deputy Manager. The appellant at the time of the marriage was doing research work in the Andhra University preparing for her Ph.D. It is the admitted case of the parties that the distance between the Steel Plant and the Andhra University is about 30 to 35 kms. It is also their admitted case that a condition had been agreed upon between them before the marriage requiring the respondent to take up a house near the Andhra University and...

Manchiraju Manikyamba Vs. Manchiraju Nageswararao and ors.

Court: Andhra Pradesh

Reported in: 1998(4)ALT400

ORDERV. Bhaskara Rao, J.1. This Civil Revision Petition is directed against the order in LA. No. 957/88 in A.S. No. 29/84 on the file of Subordinate Judge, Tadepalligudem, dt. 18-6-1996 refusing to amend the judgment and decree in A.S. No. 29/84, dt. 13-11-1986 under Sections 151, 152 and 153 C.P.C. so as to enforce the first instalment of annual maintenance from 15-3-1977 as sought for in the plaint. The plaintiff in O.S. No. 247/76 and appellant in A.S. No. 29/84 is the revision petitioner herein.2. The facts and circumstances giving rise to this revision petition are that she is the widow of late Visweswara Rao, brother of respondent Nos. 1 to 4. Husband of the revision petitioner died in March, 1938 and thereupon respondent Nos. 1 and 4 executed a registered maintenance deed dt. 18-3-1938 agreeing to pay Rs. 61/- towards annual maintenance until the date of her husband's death and later at the rate of Rs. 94/- per year creating a charge on item Nos. 2 and 3 and undivided share in i...

A.S. Chowdary and Others Vs. V.N. Rao and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. M/s. Navabharat Enterprises Limited issued prospectus on 5.9.1994 for public issue of 52,73,400 Equity Shares of the face value of Rs. 10/- each on 29.9.1994 with a premium of Rs. 40/- per share. Shri V.N. Rai the complainant applied for 2,100 shares and a sum of Rs. 1,05,000/- and on allotment of 2,100 shares he paid a further sum of Rs. 5,000/- evidenced by Ex. A 2 and the share certificates were issued to the complainant as evidenced by the copies of the share certificates Exs. A3 to A23. Thereafter, he received as shareholder the 36th Annual Report for the financial year 1993-95 i.e. Ex. A24. According to the complainant, on a careful scrutiny of the said report, he came to the conclusion that the statement made in the prospectus was false, baseless and concocted and with an intention to cheat the prospective investors. He, therefore, filed the Complaint O.P. 833/96 in the District Forum, Hyderabad against M/s. Navabharat Enterprises Limited, the...

Force Vs. Dr. M. Ganeswara Rao and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. J. Ananda Lakshmi, Member: 1. This is an appeal filed by FORCE on behalf of the complainant against the order in C.D. 173/90, District Forum, Visakhapatnam. The complaint is filed against the three opposite parties for whom the 1st opposite party is the Doctor, who operated the wife of the complainant on 4.11.1989 at Sagarika Hospital, which is 2nd opposite party, which belonged to 3rd opposite party. The wife of the complainant died on 19.11.1989. The complainant alleging negligence opposite parties sought relief, namely directing the opposite parties from desisting to render the medical service to the patients in future in such negligent manner and also to pay damages Rs. 75,000/- against the 1st opposite party and a sum of Rs. 2,000/- towards costs. 2. The brief facts of the case are that the complainant's wife Mrs. K. Saraswathi aged about 55 years was taken to the Government hospital at Jharsuguda in Orissa State. On 4.10.1989, she was examined by Dr. Nask Naik, who advised h...

R.G. Agencies Vs. Continental Engineers and Consultants Ltd.

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. J. Ananda Lakshmi, Member: 1. This complaint was filed u/Sec. 12 r/w Section 17(a)(i) of the Consumer Protection Act. 2. The facts of the case are briefly stated as follows : The complainant is a partnership firm. The opposite party is a Company incorporated under the Companies Act having its registered office at Delhi The opposite party Company published an advertisement in the newspaper circulted in New Delhi somewhere in the first quarter of 1993 stating that it obtained approval of Government of India to produce and distribute Liquid Petroleum Gas Cylinders and inviting applications for appointment as distributors for its L.P.G. Cylinders. On seeing the said advertisement, the Managing Partner of complainant firm contacted the opposite party and came to know about the further details regarding the formalities and other conditions for getting distributorship and constituted the complainant firm for the purpose of doing business in filling and distributing Liquid Petroleum Gas C...

Balagani Venkateswara Rao Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Reported in: 1997(5)ALD723; 1997(2)ALD(Cri)572; 1998CriLJ801

V. Rajagopala Reddy, J.1. The order of detention passed against Balagani Sreenivasa Rao S/o Venkata Subbaiah, brother of the petitioner, dt.25-2-1997, is under challenge. 2. The Collector and District Magistrate, Prakasam District, Ongole, passed an order of detention on 11-12-1996 against the detenu on the ground that he contravened the provisions of Section 8(b) of A.P. Prohibition Act, 1995 and that he was a Boot Legger causing harm to the general public. In exercise of power under Section 3(1) and (2) of A.P. Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short, 'the Act'), the detenu was detained in the central prison at Nellore. 3. The detenu filed a representation before the Government dt. 20-12-1996 to set aside the order of detention. The matter was referred to the Advisory Board. The Advisory Board confirmed the order of detention, rejecting the representation of the detenu. By G...

Bhimavarapu Prasada Reddy Vs. Bhimavarapu Butchi Reddy

Court: Andhra Pradesh

Reported in: 1998(3)ALD617; 1997(6)ALT43

ORDER1. This revision is filed questioning the orders of the Principal District Munsif, Gudivada dated 23-11-1995, by -which I.A.No.1509 of 1995 in O.S.No.96 of 1986 filed for amendment of plaint was dismissed.2. The petitioner herein was added as second plaintiff in the suit O.S.No.96 of 1986 as legal representative of his deceased mother, who was the original sole plaintiff in the suit and who died during the pendency of the said suit. The suit was originally filed for the relief of declaration of title of the original sole plaintiff and for recovery of possession of the suit property, which is a house, from the defendant. It was contended in the suit that her father-in-law Ramireddy had executed a will dated 4-11-1967 giving life interest in the suit property to his wife Subbamtna and vested remainder rights to the original plaintiff, who is his daughter-in-law, that her father-in-law died on 7-12-1994 and his wife also died on 31-1-1985 and after their death, she took possession of...

Project Officer, I.T.D.A. Vs. Ch. Srinivas and anr.

Court: Andhra Pradesh

Reported in: 1997(6)ALT374

P.S. Mishra, C.J.1. This appeal under Clause 15 of the Letters Patent is preferred against the judgment of the learned single judge in a proceeding under Article 226 of the Constitution of India.2. Three writ petitions which are disposed of by a common judgment involved common issues and were based on almost similar facts. Pursuant to an advertisement allegedly published in a news paper petitioner- respondents applied for appointment as teachers, admittedly reserved specially for Scheduled Tribes only. Petitioners, it appears, were called for interview for, sufficient number of Scheduled Tribe candidates were not available, selected and appointed in various schools in the Agency Area of the State in the year 1990. One of the conditions, however, mentioned in the advertisement itself, to which advertisement petioners-respondents had responded, was to the effect that the appointment of non-tribal candidates would be ad hoc for 89 days and the non-tribal candidates would not have any righ...

Seelam Sri Hari Rao Vs. Lic of India, Saifabad, Hyderabad and Another

Court: Andhra Pradesh

Reported in: 1998(4)ALD481; 1997(5)ALT635

ORDERP.S. Mishra, C.J.1. Many exercises, litigations and pronouncements of the Courts and many efforts as to how reservations for socially and educationally Backward Classes, Scheduled Castes and Scheduled Tribes would be rationalised, it appears, have failed to create necessary awareness even in organisations which boast of being one of the largest Public Undertakings and a 'State' under Article 12 of the Constitution of India. The instant case of a damage to a person belonging to a backward class and entitled to the benefit of reservation merely because he has been more meritorious than others in his class of backward, is a glaring example of the above.2. The instant appeal under Clause 15 of the Letters Patent of the Court has arisen from the judgment of the learned single Judge in a petition under Article 226 of the Constitution of India. Relevant facts, which are undisputed are that the petitioner along with other candidates appeared in the written test for recruitment as sub-staf...