Andhra Pradesh Court January 1998 Judgments
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Union Bank of India, Eluru Vs. Vegunta Sarojini Devi and ors.
Court: Andhra Pradesh
Decided on: Jan-21-1998
Reported in: 1998(2)ALD328; 1998(2)ALT534
1. This is an appeal preferred by the plaintiff against the judgment and decree dated 15-1-1985 in OS No.185 of 1983 on the file of Subordinate Judge's Court, Eluru, in so far as the findings against the plaintiff. The respondents herein are the defendants in the suit.2. The appellant-plaintiff, Union Bank of India, Eluru Branch filed the said suit for recovery of a sum of Rs. 95,332-35 due from the defendants with respect to an agricultural loan advanced to the first defendant The plaintiffs case is as follows : The plaintiff is a nationalised Bank. The first defendant an agriculturist, approached the plaintiff bank along with the defendants 2 and 3 for a short term agricultural loan of Rs.25,000/- for investment in sugarcane crop and made an application on 13-6-1974 to the plaintiff. The plaintiff bank sanctioned the said loan amount of Rs.25,000/-. The first defendant executed a demand promissory note for Rs.25,000/- on 18-6-1974 agreeing to repay the same with interest at 5 per cen...
Land Acquisition Officer, Tenali Vs. Kanneganti Suseela
Court: Andhra Pradesh
Decided on: Jan-21-1998
Reported in: 1998(2)ALD458; 1998(2)ALT435
ORDERP. Ramakrishnam Raju, J.1. The appellant is the Land Acquisition Officer who questions the order of the Civil Court made on reference under Section 18 of the Land Acquisition Act in O.P.No.193 of 1984 dated 9-10-1987, whereunder the Civil Court enhanced the compensation from Rs. 18,000/-to Rs.65,000/- per acre.2. An extent of Ac.2-14 cents in Survey Nos.235/2 and 238 situated within the Municipal limits of Tenali Town belonging to the respondent was acquired for purpose of burial ground in pursuance of a notification published under Section 4(1) of the Land Acquisition Act on 19-10-1978. The Land Acquisition Officer by his award dated 27-11-1983 fixed the compensation at Rs.18,000/- per acre. Dissatisfied with the same, the respondent sought for reference before the Civil Court, which on consideration of the evidence on record, enhanced the same to Rs.65,000/-per acre.3. The claimant did not examine anybody, except herself as PW1. Of course, she filed Ex.A1 registration extract of...
Amati Hymavathi and anr. Vs. Nissankararao Srikrishnamurthy and Others
Court: Andhra Pradesh
Decided on: Jan-21-1998
Reported in: 2000ACJ350; 1998(3)ALD244; 1998(4)ALT26
ORDERB.K. Somasekhara, J.1. These cases can be styled as 'child death compensation cases' involving common - questions of law and facts. They have been heard together and being disposed of with this common judgment. Apart from each case presenting-different considerations to assess the compensation, they involve a common simple but very important question, namely, how to assess the compensation in motor accident infant or child death cases. The plethora of precedents prevailing on the question have failed to provide consistency or the uniform guidelines for the Tribunals and the Courts to approach the matter with certainty or with absolute confidence. Therefore, in the nature of the arguments advanced by the learned advocates who are appearing in the batch of cases, namely, Sarvasri S. Hanumaiah, Prattipati Venkateswarlu, N. Subba Rao, M. Chandrasekhar Reddy, T. Bheemsen, K. Subba Rao, V. Tulasi Reddy, M. Ramaiah, C. Prabhakar Reddy, P. Sri Raghuram, O. Manohar Reddy, Y. V. Swamy, S. P...
K. Ranga Reddy Vs. Chinna Reddigari Kanakamma and anr.
Court: Andhra Pradesh
Decided on: Jan-21-1998
Reported in: 1998(1)ALT603
Ramesh Madhav Bapat, J.1. The appellant herein was the original plaintiff in O.S. No. 19 of 1974 which was filed in the Court of the Principal Subordinate Judge, Tirupathi, against the respondents-defendants herein.2. The plaintiff had instituted the suit for specific performance of agreement of sale. It was alleged by the plaintiff that the suit schedule property was agreed to be sold to him under the Ex.A-1 agreement by the father of Defendant No. l named V. Ranga Reddy. At the time of executing Ex.A-1, Ranga Reddy was alleged to have accepted Rs. 13,000/- from the plaintiff and had agreed to execute the sale deed in favour of the plaintiff in due course by accepting a sum of Rs. 2,000/-. It was further alleged by the plaintiff that at the time of executing Ex.A-1 agreement of sale, the possession was handedover to him and when Ranga Reddy did not execute the agreement of sale (sic. sale deed), the plaintiff was constrained to issue notice to Ranga Reddy calling upon him to execute t...
Nimmagadda Ravi and ors. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jan-20-1998
Reported in: 1998(2)ALD621; 1998(1)ALD(Cri)401; 1998CriLJ1823
ORDER1. These two petitions are filed under Section 482 Cr.P.C. to quash the proceedings initiated in M.C.No. 74/96 and M.C.No. 76/96 respectively, on the file ofSub-Divisional Magistrate, Guntur.2. The petitioners in Crl. Petition No. 5062/96 are respondents in M.C.No. 74/96 and Petitioners in Crl. Petition No.5063/96 are the respondents in M.C.No. 76/96. On the-information furnished by the S.I. of Police, Vetticherukur Police Station, that there is likelyhood of breach of peace between two rival groups in Garapadu village, the proceedings under Section 107 Cr. PC have been initiated by the Sub-Divisional Magistrate, Guntur. Summons under Section 113 Cr.PC have been issued to all the respondents in both the cases, directing them to attend in person at the office of the Sub-Divisional Magistrate, Guntur on 25-7-1997 at 11 am. to show-cause why they should not be required to execute bonds for Rs. 5,000/- each and that they will keep peace for a term of two years. It appears that the pet...
N. Babji Vs. N. Sarada and anr.
Court: Andhra Pradesh
Decided on: Jan-20-1998
Reported in: 1998(3)ALD560; 1998(2)ALT(Cri)21; 1998CriLJ4281; II(1998)DMC642
ORDER1. This revision is Referred against the order dated 29-12-1995 passed by the learned Judge, Family Court,Visakhapatnam in MP No.94/95 in MCNo.15/1985 dismissing the petition.2. The facts in brief, resulting in filing of this revision, are as under :The revision-petitioner herein is the husband of the respondent herein. For the sake of convenience, they are referred as wife and husband hereinafter. The respondent herein isthe legally wedded wife of the petitioner. They lived happily for some time. As disputes arose between them, they are living separately. The wife filed OP No.122/82 on the file of the I Additional Subordinate Judge, Visakhapatnam for restitution of conjugal rights and that was allowed on 30-12-1982 directing the petitioner herein to go and live with the respondent, and give conjugal happiness to the respondent. Ex.P1 is the certified copy of the order in OP No.122/82, There was no restitution of conjugal rights between the parties in pursuance of the said order. ...
B. Narayana Vs. Regional Transport Officer
Court: Andhra Pradesh
Decided on: Jan-20-1998
Reported in: 1998(3)ALT828
P. Venkatarama Reddi, A.C.J.1. This writ petition has been filed questioning the demand notice date 18-12-1997 issued by the respondent calling upon the petitioner to pay a amount of Rs. 33,180/- towards the tax for quarter ending 31-3-1997 in respect of vehicle bearing registration No. KLN 423. The allegation is that the contract carriage No. KLN 423 was plied as stage carriage between Ieeja and Shantinagar.2. It is seen from the material papers filed that the petitioner submitted an elaborate explanation; but the respondent made a cryptic comment that the explanation 'is examined' and is not satisfactory. It gives us an impression that there was really no application of mind to the points raised in the explanation. The least that the respondent was expected to do was to advert to the points in the explanation and to pass a reasoned order. Merely characterising the explanation as not satisfactory is not what is expected of a quasi-judicial functionary who is entrusted with the power t...
Kalva Narsa Reddy Vs. Collector and Dist. Magistrate and anr.
Court: Andhra Pradesh
Decided on: Jan-20-1998
Reported in: 1998(2)ALT197
ORDERN.Y. Hanumanthappa, J.1. Aggrieved by the order passed by the first respondent under the provisions of the A.P. Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short 'the Act'), the petitioner has approached this Court. The petitioner has filed this writ petition seeking a Writ of Mandamus declaring the action of the respondents in initiating proceedings against him under the Act as illegal and to set aside the order of detention in proceedings RC No. D3/883/96, dated 23-4-1996 as illegal and arbitrary.2. The petitioner has attacked the impugned order on the ground that the said order is illegal and arbitrary for the reasons that there is nothing to indicate that he had involved himself in any of the activities as contemplated under Section 3 of the Act and that the acts complained of are alleged to have been committed by others with whom he has nothing to do and there is no nexus as to...
Employee's State Insurance Corporation, Hyderabad Vs. Ravi Engineering ...
Court: Andhra Pradesh
Decided on: Jan-19-1998
Reported in: 1998(2)ALD732; 1998(3)ALT150
ORDER1. The appellant/ESI Corporation questions the correctness of the order of the ESI Court in E.I. Case No. 42/90 dated 6-12-1991.2. The respondent herein questioned the order of the appellant in AP. INS-IV/52-7923-65 dated 26-9-1990 seeking contribution towards Employees Slate Insurance, on the ground that it was not covered by the provisions of the E.S.I. Act, 1948 (in short' the Act'), by filing a petition under Section 75 of the Act. It was resisted by the appellant. The respondent is a fabricating unit situated in the commercial area of R.S.Road, Nandyal, Kurnool District. The Inspector of the appellant made a visit to the workshop of the respondent on 24-7-1989, recorded the statements of the customers with regard to the employment strength of the firm etc., and allegedly it was found by the Inspector, that the attendance register, wage register and salary register showed that eight permanentworkers and five casual labourers were working in the factory for the period from Apri...
Sugui Bai @ Shakuntala Bai and ors. Vs. Rafat Ali
Court: Andhra Pradesh
Decided on: Jan-02-1998
Reported in: 1998(1)ALD693; 1998(1)ALT359
ORDER1. This Revision is directed against the order dated 7-4-1997 in RANo.484/93 on the file of the Additional Chief Judge. City Small Causes Court, Hyderabad confirming the (sic dissmisal of petition for) eviction of the respondent-tenant ordered in R.C.No.443/88, dated 13-9-1993 on the file of the III Addl. Rent Controller, Hyderabad.2. A few facts that are necessary to dispose of this Revision petitioners are as follows:The petitioners are the landlords and the respondent is their tenant. The petitioners own the schedule malgi bearing Municipal No. 15-9-561/5 and 6 situated at Mahboobgunj, Hyderabad, and the same was let out to the respondent on monthly rent of Rs.650/- w.e.f 1-11-1986 payable by 5th of every succeeding English calender month. The petitioners alleged that the respondent never paid the rent regularly and committed wilful default in payment of rents from 1-11-1986 to 30-4-1988 i.e. for a period of 18 months amounting to Rs.11,700/-. Whenever the respondent paid the r...
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