Andhra Pradesh Court January 1998 Judgments
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R. Durga Prasad Vs. Union of India and anr.
Court: Andhra Pradesh
Decided on: Jan-29-1998
Reported in: 1998(2)ALD25; 1998(1)ALT652; II(1998)DMC45
ORDERB. Subashan Reddy, J. 1. In this writ petition, the constitutional validity of clause (a) of explanation to Section 7(1) of the Family Courts Act, 1984 relating to causes under Section 12(1)(c) of Hindu Marriage Act, 1955 is challenged as violative of Articles 14 and 21 of Indian Constitution.2. We will mention some facts leading to filing of this writ petition. Petitioner is the husband and the 2nd Respondent is his wife.Both were married according to Hindu rites on 30-10-1996. But, shortly thereafter there was strained relationship and in the same year, OP No.408 of 1996 was filed by the 2nd Respondent before the Family Court, Visakhapatnam stating so many facts and pleading invalidity of the marriage on the ground that the marriage was not according to her free will and consent, but by force and fraud and that the marriage was void and a nullity. A criminal complaint in Cr. No.258 of 1996 has also been filed. But, that is a question apart. The further complaint of the petitione...
Krishna Pasu Aahar Bhanupuri Vs. Commissioner of Prohibition and Excis ...
Court: Andhra Pradesh
Decided on: Jan-29-1998
Reported in: 1998(2)ALD47; 1998(1)ALT803
ORDERB. Subhashan Reddy, J 1. Thewrit petitioner is a company carrying on the business of cattle feed at Raipur in Madhya Pradesh and for that purpose needs molasses. After obtaining No objection Certificate from the Commissioner of Excise, Madhya Pradesh for import of Molasses from Andhra Pradcsh State, the petitioner had purchased Molasses from two Co-operative Sugar Units, namely M/s. Chodavaram Co-operative Sugars Limited, situated at Govada in Visakhapatnam and M/s. Co-operative Sugars Limited, Bhimadole of West Godavari District and approached the Commissioner of Prohibition and Excise, A.P. seeking permission to transport the same to his place at Madhya Pradesh. But, the Commissioner had directed the petitioner to approach the respective Superintendents of Excise, Visakhapatnam and West Godavari who had demanded Rs 25/-per metric tonne as a condition precedent for lifting the Molasses stating to be towards administrative charges. The petitioner challenges the levy of the same as...
Kvss Prasada Rao Vs. Godavari Bai and ors.
Court: Andhra Pradesh
Decided on: Jan-29-1998
Reported in: 1998(2)ALD222; 1998(1)ALT799
ORDER1. The petitioner herein was the tenant (hereinafter referred to as the Tenant') and the respondents herein were the landlords (hereinafter referred to as the 'landlords'). The respondents-landlords had instituted RCCNo.158 of 1992 in the Court of the in Additional Rent Controller, Hyderabad for evicting the tenant from the petition schedule premises on the ground that the tenant has secured alternative accommodation. The said RCC was filed by the landlords under Section 10(2)(v) of AndhraPradesh Buildings (Lease, Rent & Eviction) Control Act, 1960. On evidence the learned Rent Controller found that the tenant did acquire alternative residential premises and the premises, which was leased out by the landlords, have been kept locked and therefore the Rent Controller was pleased to direct the tenant to vacate and hand over the vacant possession of the petition schedule premises within 30 days and was also directed to pay costs of Rs.500/-to the landlords. Aggrieved by the aforesaid ...
Macherla Ravi Kumar and ors. Vs. Indian Bank, Warangal and ors.
Court: Andhra Pradesh
Decided on: Jan-28-1998
Reported in: 1998(2)ALD403; 1998(1)ALT571; [1998]92CompCas607(AP)
ORDER1. The petitioners herein were the defendants in O.SNo.361 of 1991 filed by the first respondent herein for recovery of certain amounts in the Court of the I Additional Subordinate Judge, Warangal. The amount sought to recovered was Rs.20,41,238-35 ps. It appears that during the pendency of the suit, the Counsel for the defendants filed a memo dated 16-8-1996 with a prayer not to transmit the suit filed by the first respondent herein ie., the plaintiff in the trial Court, to the Debts Recovery Tribunal at Bangalore on the ground that in the written statement filed by the petitioners-defendants, they have made a counterclaim against the Bank to the tune of Rs. 36,00,000/-. It further appears from the record that on hearing both sides, the memofiled by the petitioners-defendants Counsel dated 16-8-1996 was rejected and the order was passed to transmit the suit record to the Debts Recovery Tribunal at Bangalore. Aggrieved by the aforesaid order, the defendants-petitioners herein have...
Y. Somaiah Vs. Managing Director, Apsrtc, Mushreerabad, Hyderabad and ...
Court: Andhra Pradesh
Decided on: Jan-28-1998
Reported in: 1998(4)ALD2
1. Rule nisi. Heard Mr. C. V. Ramuht, learned Standing Counselfor the respondents. The writ petition was heard finally with the consent of the learned Counsel for the parties.2. The petitioner-delinquent was removed from service as a disciplinary measure after holding departmental enquiry by the second respondent-The Depot Manager, A.P.S.R.T.C. Sangareddy, Medak District-disciplinary authority. The petitioner instituted I.D.Nol72 of 1996 before the Labour Court-II, Andhra Pradesh, Hyderabad. In the claim statement, the petitioner assailed the validity of the domestic enquiry held by the Disciplinary Authority as well as on merits In the first instance, the third respondent-The Labour Court-11 Hyderabad considered the first issue relating to the validity of domestic enquiry and came to the conclusion that the departmental enquiry conducted by the disciplinary authority was irregular and in violation of regulations and principles of natural justice Having held so, quite surprisingly the ...
Toddy Tappers Co-operative Society and Others Vs. Commissioner of Proh ...
Court: Andhra Pradesh
Decided on: Jan-28-1998
Reported in: 1998(5)ALD174
ORDER1. This writ petition has been filed by three Co-operative Societies their promoters and it is submitted that for the entire Karimnagar Municipal area consisting of 32 wards only one Toddy Tappers Co-operative Society group was functioning and it consists of 11 Toddy shops, but pursuant to the Excise Policy of the Government for the year 1996-97 the said T.C.S. group of 11 toddy shops covering the entire Karimnagar Municipal area was divided into three Toddy Co-operative Societies viz., 1, II & in. T.C.S., Karimnagar Group No. I was registered with Registration No.3J2/P&E;/97, dated 1-2-1997 with 4 Toddy shops and 162 members. Similarly, T.C.S., Karimnagar Group No.II was registered with 2 Toddy shops and 88 member. T.C.S., Karimnagar Group No.III was registered with 5 Toddy shops and 191 members. On the basis of this division, the petitioners submit that, licenses were given for shops 1 to 4 on 1st of February, 1997 valid upto 30th September, 2001 in respect of T.C.S. Karimnagar ...
M.A. Bhupathi Vs. M. Koteswara Mudali and anr.
Court: Andhra Pradesh
Decided on: Jan-28-1998
Reported in: 1998(2)ALT21
ORDERT. Ranga Rao, J.1. This revision is filed against the order dated 20-6-96 passed in LA. No. 702/96 in OS No. 32/95 by the Additional Sub-Judge, Chittoor.2. The respondents filed a petition IA No. 702/96 under Section 38(2) of the Indian Stamp Act, 1899 requesting the Court to send the partition deeds to the Revenue Divisional Officer, Chittoor, for impounding the said documents as they are liable to pay stamp duty and penalty. The Court below allowed the said petition and ordered to send the documents to the Collector for the purpose of impounding the same. Aggrieved by that, the petitioner-plaintiff has filed this revision.3. The learned Counsel for the petitioner submits that the I.A. was filed not only seeking the relief of sending the documents for impounding, but also to validate and admit the same in evidence, and the Court below granted the said relief, and hence requested to modify the order. The learned Counsel for the respondents on the other hand submitted that the ques...
G. Srinivas Vs. Regional Manager, Apsrtc Nalgonda Dist. and anr.
Court: Andhra Pradesh
Decided on: Jan-27-1998
Reported in: 1998(6)ALD9; 1998(6)ALT366
ORDER1. Writ Petition was heard finally with the consent of the learned Counsel for the parties. 2. The petitioner has assailed the validity of the show-cause notice dated 15-12-1997 in which it is stated that the petitioner is a native of West Godavari district whereas he obtained job in Nalgonda region and therefore it breaches the domicile requirement. Regulation 8 (1) of the APSRTC Employees (Recruitment) Regulations, 1966 makes it very clear that any citizen of India could apply to the post in the establishment of the APSRTC. However sub-regulation (4) ofRegulation 8 provides that other things being equal, preference shall be given to a candidate who is domiciled in the State of Andhra Pradesh and who is conversant with atleast one of the regional languages. There is no dispute that the petitioner is an Andhrite and hails from West Godavari district. Therefore the petitioner was quite competent to apply and seek appointment to the post of Conductor. The impugned steps now taken to...
Land Acquisition Officer (Special Deputy Collector) and anr. Vs. Pitta ...
Court: Andhra Pradesh
Decided on: Jan-27-1998
Reported in: 1998(2)ALT134
1. Writ Appeal No. 1312 of 1997 is directed against the Judgment of a learned single Judge of this Court in Writ Petition No. 547 of 1993 where as Writ Appeal No. 1337 of 1997 is directed against the judgment of this Court in Writ Petition No. 548 of 1993 by the State. Since the subject matter in both the appeals is one and the same, for the purpose of convenience, both the appeals are clubbed together and are being disposed of by a common judgment.2. The facts as far as the extent of land, survey number and ownership of the land are not in dispute. The appellant herein submits that the land in question was earlier taken over by the Government for construction of Kakatiya Canal without initiating any land acquisition proceedings. Later, the Government acquired the land on 2-1-1990 after issuing notification under Section 4(1) of the Land Acquisition Act (for short 'the Act') which was objected to by the respondents herein. Then Land Acquisition Officer passed Award on 8-10-1990 fixing ...
Samala Jayaramaiah Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jan-23-1998
Reported in: 1998(2)ALD65; 1998(2)ALT180
ORDERA.S. Bhate, J.1. We propose to dispose of the two Writ Appeals by this common judgment. Though the points raised in these two appeals are separate they relate to convening of the meeting in respect of the No-Confidence Motion against Dr. Nagabhushanamma, who is appellant in WA No. 1527 of 1997.2. Dr. Nagabhushanamma was the Chair-person of Nellore Zilla Parishad. A notice was issued by the District Collector, Nellore on 29-11-1997 under Section 245(1) of the Andhra Pradesh Panchayat Raj Act, 1994 (hereinafter referred to as the 'Act') for convening of meeting of the concerned Zilla Parishad on 18-12-1997 for considering a Motion of No Confidence against the Chairperson. The said notice was challenged in WP No. 33119 of 1997. The Zilla Panshad had 46 members out of whom 30 belonged to Telugu Desam Party (TDP for short) and 15 belonged to Congress-I party. Twenty eight members had signed notice of intention to move No-Confidence Motion. It was alleged in the writ petition that they ...
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