Andhra Pradesh Court August 1997 Judgments
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Punjab and Sind Bank, Rep. Through Its Branch Manager Vs. Hotel Asrani ...
Court: Andhra Pradesh
Decided on: Aug-12-1997
Reported in: 1997(6)ALT134
N.Y. Hanumanthappa, J.1. All the above three appeals and cross-appeal have been filed challenging the common judgment in O.S.Nos.31/83, 44/83 and 49/83 dated 16-4-1991.2. The Punjab and Sind Bank (for short 'the Bank') filed O.S.Nos.31/83 and 49/83 against M/s.Hotel Asrani (P) Ltd. Company (for short 'the Hotel') The Hotel filed two suits i.e. O.S.Nos.44/83 and 397/83 against the Bank. O.S.No. 31/83 was filed by the Bank for recovery of a sum of Rs. 2,00,000/- alleged to have been advanced by the Bank to the Hotel on 6-1-1978 with interest at the rate of 6% p.a. above the R.B.I, rate subject to minimum of 15% p.a. from 6-1-1978 till the actual date of payment. O.S. No. 49/83 was filed by the Bank against the Hotel and its Managing Director, namely, Atmaram and Directors M/s.Ramesh K.Agrawal and Shamlal K. Asrani, for recovery of a sum of Rs. 3,00,000/- alleged to have been advanced by the Bank to the Hotel and its Directors on 14-9-1978 with interest at 6% p.a. above the R.B.I, rate su...
D.S. Varma Vs. Guruju Veera Raghava Rao
Court: Andhra Pradesh
Decided on: Aug-12-1997
Reported in: 1998(4)ALD145; 1998(4)ALT13
1. This Civil Revision Petition is directed against the order dated 12-1-1997 in E.P.No. 18/95 in O.S.No. 142/86 on the file of Principal District Munsif, Narsapur, dismissing the E.P., on the ground that the decree holder failed to prove that the judgment-debtor having means, refused or neglected to pay the decretal amount and hence the E.P. for arrest of judgment debtor fails. 2. The decree holder obtained a decree for recp1 overy of Rs.7,500/- in O.S.No.142/86 on the file of Principal District Munsif, Narsapur, and filed the E.P. under Order XXI Rule 37 C.P.C. for realisation of the decretal amount by the arrest and detention of judgment debtor in civil prison. It is stated that the judgment-debtor is having a daba-house in the 4th Ward of Narsapur Municipality, that he is a retired Hindi Pandit and is having cash on hand besides getting pension and hence he is having sufficient means to discharge the decretal debut and he is avoiding to pay the same. The judgment debtor filed a cou...
Gorantla Kondalarayudu Vs. Marvel Organics, Rep. by Its Partners and o ...
Court: Andhra Pradesh
Decided on: Aug-12-1997
Reported in: 1997(5)ALT663
ORDERB.K. Somasekhara, J.1. The order of the learned Subordinate Judge, Chirala on I.A. 1389/93 in O.S. 18/93 dated 2-8-1996 is challenged. The application was filed under Order 6 Rule 17 C.P.C. for amendment of the plaint. Petitioner is the plaintiff. Respondents are defendants. The application was resisted. After hearing both the sides, the learned Subordinate Judge came to the conclusion that the proposed amendments could not be accepted and the application was filed with a view to drag on the proceedings.2. The learned advocate for the petitioner has contended that in the nature of the proposed amendments, the clerical errors and factual misstatements were sought to be rectified. That was to be done in view of the defendants filing the written statement after a long time. According to him even the partnership deed and the other documents clearly showed the realities which have to be explained by means of the amendment. The learned advocate for the respondents has pointed out that n...
New India Assurance Company Ltd., Rep. by Its Divisional Manager Vs. S ...
Court: Andhra Pradesh
Decided on: Aug-12-1997
Reported in: 1997(5)ALT351
Neelam Sanjiva Reddy, J.1. The New India Assurance Company Limited-second respondent in O.P.No. 164 of 1990 on the file of Motor Accidents Claims Tribunal-cum-Additional District Judge, Madanapalle, preferred this appeal against the order passed on 23-4-1992.2. S. Somasekhar died on 25-9-1989 while travelling as passenger in the bus TNM-4959 in a motor vehicle accident caused due to rash and negligent driving of the said bus by its driver. His mother, wife and children preferred the above claim for a total compensation of Rs. 2,50,000/- from the owner and insurer of the bus involved in the accident. The claim was resisted. The Tribunal, after due enquiry, awarded a total compensation of Rs. 1,39,000/- against both the owner and insurer. The insurer aggrieved by the above award preferred this appeal.3. Sri Kota Subba Rao, learned Counsel for the appellant submits that the liability of the insurer-appellant is to the extent of Rs. 15,000/- only for each passenger travelling in the bus an...
P. Pedda Saidaiah and ors. Vs. T. Padmavathi
Court: Andhra Pradesh
Decided on: Aug-12-1997
Reported in: 1997(5)ALT818
ORDERB.S.A. Swamy, J.1. The respondent herein filed O.S. No. 70 of 1992 on the file of the Subordinate Judge, Miryalaguda for declaration of his title and injunction over an extent of Ac.4-28 guntas of land in Survey No. 706 by contending that the defendants in the suit are trying to encroach upon his land. The petitioner who is D-7 in the suit who owns an extent of 0-10 cents of land in Survey No. 700 seemed to have filed an application under Order 26, (for appointment of) a Commissioner to fix up the boundaries of the lands owned by him as well as the respondent herein. But the application was dismissed by the Subordinate Judge on the ground that the application filed in the year 1993 was not pressed till 1997 i.e., till the stage of arguments in the case. Aggrieved by that order, the present revision petition is filed.2. During the pendency of the revision petition, the other defendants also filed an application seeking permission of the Court to permit them to come on record as pet...
Pragati Chemical Industries (P) Ltd. Vs. A.P. Small Scale Industries D ...
Court: Andhra Pradesh
Decided on: Aug-12-1997
Reported in: 1997(5)ALT685
T.N.C. Rangarajan, J.1. This writ petition seeks a direction to the respondent to release the amount due to the petitioner with interest of 25 per cent per annum.2. The petitioner-company is a small scale industry engaged in manufacture of fine chemicals and laboratory chemicals. The petitioner-company has been registered with the respondent-Corporation for marketing assistance. According to the scheme, the Corporation has to render the service of marketing the petitioner's products after charging service charges of 5 per cent and the scheme is intended to assist the small scale units in marketing its products. Accordingly, the petitioner is prohibited from dealing directly with the Central and State Government Departments and orders have to be placed only through the respondent-Corporation. Acting under that scheme, the respondent-Corporation placed an order on 5-7-1996 for supply of laboratory chemicals valued at Rs. 10,20,495.20 to 57 A.P.S.W.R.E.I. schools. The respondent had earli...
V.K. Bramhanandam Achary and anr. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Aug-12-1997
Reported in: 1998(5)ALD531; 1998(2)ALD(Cri)594; 1998(2)ALT(Cri)537
ORDERN.Y. Hanumanthappa, J. 1. This Criminal Appeal is filed by Al and A2 in Sessions Case No.331 of 1994 on the file of the III Additional Sessions Judge, Tirupati, aggrieved by the order of conviction and sentence passed against them on 21-7-1997, which reads as follows:(i) A1 was convicted for the offence punishable under Section 302, IPC, and sentenced to suffer imprisonment for life; and (ii) A2 was convicted for the offence punishable under Section 302 read with 114, IPC, and sentenced to suffer imprisonment for life. In the said Sessions Case, altogether 3 accused were tried for different offences, but the learned Sessions Judge found only A1 and A2 guilty and accordingly convicted and sentenced them as set forth supra and acquitted A3 of the charges framed against him.2. The case of the prosecution is that A3 is the son of A2, through her 1st husband-T. Srinivasulu, and husband of Jyothamma, hereinafter referred to as 'the deceased'; that A1 is the paramour of A2; that A1 and ...
Munni Begum @ Khatija Begum and anr. Vs. Khader Ali and anr.
Court: Andhra Pradesh
Decided on: Aug-08-1997
Reported in: 1997(5)ALT236
ORDERP. Venkatarama Reddi, J.1. These two revision petitions Under Section 22 of the A.P. Buildings (Lease, Rent & Eviction) Control Act arise out of the orders passed by the 3rd Additional Rent Controller, Hyderabad in I.A No. 420 of 1994 in R.C No. 460 of 1993. The first order was passed on 22-8-1994 Under Section 11 (1) read with Section 11(3) of the Act. The second order was passed on 6-9-1994 directing the petitioner-tenant to vacate the premises within one month for failure to deposit the rents as per the earlier order. The two appeals preferred against the said orders having been rejected these Civil Revision Petitions are preferred, by the tenant.2. The respondents-landlords filed R.C No. 660 of 1993 seeking eviction on the ground of wilful default in the payment of rents. Pending the petition, the lanlords filed an application Under Section (1) of the Act to direct the petitioners-tenants to pay Rs. 19,000/- towards arrears of rent for 38 months from 1-5-1991 to 30-6-1994 at R...
Land Acquisition Officer and Special Tahsildar (La) Municipality, Visa ...
Court: Andhra Pradesh
Decided on: Aug-08-1997
Reported in: 1998(4)ALD469; 1997(5)ALT665
ORDERP. Venkatarama Reddi, J 1. This is an appeal filed by the State under Sections 54 of the Land Acquisition Act (for short 'the Act') questioning the Award of the First Additional District Judge, Visakhapatnam in O.P.No.221 of 1981 on a reference made under Section 18 of the Act. The land acquired is of an extent of 1480 square metres or 1770 square yards situated in T.S. No.1127/1, Block No. 14 of Chengalraopet Ward, within the Visakhapatnam municipal limits. The acquisition was for the purpose of Outer Harbour project. The Notification under Section 4(1) of the Act was published on 26-5-1977.2. In his Award i.e. Ex.B1 dated 28-3-1980, the Land Acquisition Officer pointed out that the land was on the rear side of Old Minerva Talkies behind which there was thick slum area. He commented that although the land was in the midst of built up locality, therewere constraints on construction on account of the problem of sea erosion. He further commented that the land was left vacant for tha...
Aditya Mass Communicated Pvt. Ltd. Vs. Andhra Pradesh State Road Trans ...
Court: Andhra Pradesh
Decided on: Aug-07-1997
Reported in: 1997(5)ALT411
T.N.C. Rangarajan, J.1. This writ petition seeks return of the Earnest Money Deposit of Rs. 20,000.00 on the ground that the petitioner had withdrawn the tender before it was opened. This Earnest Money Deposit, for short 'E.M.D.' was given by the petitioner in response to a Tender Notice dated 8-10-1996 calling for tenders for display of advertisements on the buses owned by the respondent-Corporation. According to the conditions of Tender Notice, each tender form had to be accompanied by a demand draft for Rs. 20 lakhs and tender forms completed in all respects had to be put in the tender box on or before 14 hrs. on 31-10-1996. Clause (10) of the terms provided that the tenders will be opened at 15 hrs. On 31-10-1996 and the tenderer or his authorised representative may be present at the time of opening of tenders. Clause (14) provided that tenderers shall not be permitted to withdrawn their tender after the tenders are opened. Clause (15) provided that if the highest tenderer backs ou...
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