Andhra Pradesh Court November 1998 Judgments
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Talla Bal Reddy Vs. Ram Raj Sudarshan Rao and Another
Court: Andhra Pradesh
Decided on: Nov-16-1998
Reported in: 1999(1)ALD206; 1999(1)ALT132
ORDER1. This Civil Revision Petition arises out of an application filed by the petitioner under Section 45(3) read with Section 78(1) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987 before the Deputy Commissioner of Endowments for deletion of the subject lands from the list of properties registered as endowed to Sri Ramalingeswara Swamy Temple in the Endowments Register of 1981 and to direct the second respondent i.e., the Assistant Commissioner of Endowments to withdraw the complaint lodged by him against the petitioner.2. The case of the petitioner is that he is the protected tenant in respect of the subject lands and that they are not endowed properties belonging to the said temple and that the same were erroneously recorded in the Endowments Register as endowed properties of the temple. The petitioner sought to place reliance on certain observations and findings recorded by the Court of the Additional Subordinate Judge, Ranga Reddy District in ...
United India Insurance Company Limited, Visakhapatnam Vs. Doddi Suryak ...
Court: Andhra Pradesh
Decided on: Nov-16-1998
Reported in: 2000ACJ918; 1999(1)ALD245; 1999(1)ALT113
1. Insurance company is the appellant which has been held liable by the Motor Accidents Claims Tribunal, Visakhapatnam, to pay an amount of Rs.1,25,200/- jointly and severally with the respondent No.7 - owner of the bus.2. The facts giving rise to this appeal, in brief, are that on 20-6-1988 at about 7.40 a.m. the respondent No.6 by negligently driving the bus bearing No. AAV 419 dashed from behind the cycle of the deceased due to which the cyclist that is to say the deceased suffered serious injuries and died on the same day at about 5 p.m. in the K.G. Hospital, Visakhapatnam. The wife and children of the deceased laid a claim for Rs.2,00,000/- as compensation due to the sudden death of their bread-winner. They impleaded the Driver as respondent No. 1 in their claim petition but later abandoned the claim. The 2nd respondent remained absent after service of notice and he was proceeded ex parte. The appellant was impleaded as the third respondent. It denied the claim of the claimants in...
N. Apalanarasamma and Others Vs. N. Appa Rao and Others
Court: Andhra Pradesh
Decided on: Nov-16-1998
Reported in: 1999(1)ALD345; 1999(1)ALT340
ORDER1. This revision is filed by the decree-holders in EP No.373 of 1992 in OS No.90 of 1986 on the file of the 1st Additional Subordinate Judge, Visakhapatnam, questioning the impugned orders dated 4-2-1993 passed in EA No.1479 of 1992 in so far as they relate to the quantum of the amount for which execution was ordered.2. The revision-petitioners, who are the plaintiffs in OS No.90 of 1986, filed the said suit for partition and separate possession of their share in the suit property against the respondents herein, and preliminary decree with costs was passed on 15-9-1992. The said preliminary decree had become final as it was not questioned by the defendants/ respondents. Subsequently, the plaintiffs, who are the decree-holders, filed EP No.373 of 1992 for recovery of ihe suit costs awarded to them under the preliminary decree by seeking attachment and sale of the moveable property belonging to the defendants. The warrant of attachment was returned unexecuted on account of some obst...
V. Bali Reddy Vs. Divisional Engineer, Apseb (Operation), Nandyal and ...
Court: Andhra Pradesh
Decided on: Nov-16-1998
Reported in: 1999(2)ALD668; 1999(2)ALT173
ORDER1. This Civil Revision Petition is filed against the order in IA No.1010 of 1997 in OS No.131 of 1991. The plaintiff is the petitioner. He filed a suit for mandatory injunction directing the Electricity Board to restore the power supply to his premises. The said power supply was disconnected on the ground that the petitioner has not paid the electricity charges. The petitioner contends that the slab system is in vogue and according to which he was paying the charges under Category I. In the suit when DW1 deposedthat the slab system was changed from Category I to II, namely, from residential to commercial system the petitioner filed a petition under Order 6 Rule 17 seeking amendment of the plaint. The petitioner contends that there should not be any change from Category I to Category II, namely, from residential to commercial since the change of slab system from Category I to Category II is without notice. Hence, he sought for amendment of the plaint seeking a declaration that the ...
B. Arunkumar Trading Private Limited, Mumbai Vs. Commercial Tax Office ...
Court: Andhra Pradesh
Decided on: Nov-13-1998
Reported in: 1999(1)ALD128
ORDERBilal Nazki, J 1. This batch of Writ petitions raise some questions of law and fact and revolve around the interpretation to be placed on relevant entries in the First Schedule of the Andhra Pradesh General Sales Tax Act, 1957. These petitions also raise questions with regard to the power of the Government to issue circulars interpreting the entries in the Schedule to the A.P. General Sales Tax Act, 1957. These petitions are therefore proposed to be decided through one common judgment.2. A common counter has been filed and we have heard the learned Counsel for the parties in detail. Controversies have been raised in the light of the following material facts :The petitioners in all the Writ petitions are dealing with edible oils and are private limited companies registered in accordance with law. They are also registered as dealers under the A.P. General Sales Tax Act, 1957 (hereinafter referred as 'APGST Act') and the Central sales Tax Act, 1956 (hereinafter referred as 'CST Act')...
Manyam Paramayya and Others Vs. Government of Andhra Pradesh, Departme ...
Court: Andhra Pradesh
Decided on: Nov-13-1998
Reported in: 1999(1)ALD137; 1999(1)ALT28
ORDER1. When the WP MPs. came up for hearing, the learned Counsel for both parties have addressed arguments on the main writ petition itself. As such the writ petition is being finally disposed of after hearing the learned Counsel for all the parties.2. This is a writ petition filed by 27 persons questioning the proceedings initiated by the respondents under the Land Acquisition Act for the acquisition of an extent of Acs.34-11 guntas of land belonging to the petitioners herein for thr purpose of expansion of export promotional industrial park by the A.P. Industrial Infra-structure Corporation (A.P.I.I.C.), the 5th respondent herein. The notification under Section 4(1) was published in the Gazette on 4-3-1996 and also in two daily newspapers dated 25-4-1996. The substance of the 4(1) notification was published in the locality on 6-5-1996. Invoking the urgency clause the enquiry under Section 5-A was dispensed with and the declaration under Section 6 was published in the Gazette on 6-3-...
Gorinta Seetharama Raju Vs. Spl. Tahsildar and Land Acquisition, Janga ...
Court: Andhra Pradesh
Decided on: Nov-13-1998
Reported in: 1999(1)ALD254; 1999(1)ALT400
ORDER1. This writ petition raises an interesting question regarding interpretation of Sections 18 and 23 of the Land Acquisition Act, 1894 (for short 'the Act').2. An extent of 33 acres of land in Survey Nos.397/2 and 410 of Mathamiagudem village was acquired for the purpose of construction of Yerrakalva Reservoir of which 8 acres of land is the subject-matter of this writ petition. It appears that with reference to acquisition of 8 acres of land. Notification under Section 4(1) of the Act was given and subsequently an award came to be passed on 15-10-1993. The case of the petitioner is that in the said 8 acres of land there existed Bamboo plantation and, therefore, he is entitled to compensation for the Bamboo apart from the value of the land acquired.3. The Land Acquisition Officer (LAO) while fixing the compensation payable to the petitioner treated Bamboo as standing crop and awarded the compensation accordingly. The case of the petitioner is that the Land Acquisition Officer ought...
P. Usha Rani Vs. Principal, Prasanna Gajanana Jr. College for Girls, S ...
Court: Andhra Pradesh
Decided on: Nov-13-1998
Reported in: 1999(1)ALD193; 1999(1)ALT232
1. Writ petition No.15283 of 1990 was filed by the petitioner apprehending that her services will be terminated as Junior Lecturer in Economics in Sri Prasanna Gajanana Junior College for Girls, Hyderabad which is under private management and which was admitted to grant-in-aid on the ground that she has not been allotted by the College Service Commission and sought for a writ of Mandamus seeking a direction to the respondents to regularise herservices and to absorb her on regular basis with all consequential benefits as she was working in that capacity since 5-8-1985 on ad hoc basis. She also filed WP MP No. 19629 of 1990 to direct the respondents to continue her services as Junior Lecturer in the College on the same terms and conditions till she is absorbed on regular basis.2. This Court while ordering notice before admission in the writ petition directed that this writ petition be posted along with Writ Petition Nos.14313 of 1990 and 15320 of 1990 on 21-11-1990 by order dated 7-11-19...
K. Chokka Rao Vs. A. Veerabhadra Rao and Another
Court: Andhra Pradesh
Decided on: Nov-13-1998
Reported in: 1999(2)ALD239; 1999(1)ALD(Cri)573; 1999(1)ALT(Cri)159; 1999CriLJ1097
ORDER1. Since the question involved in these cases is one and ths same, they are being disposed of by this common order.2. Petitioner and the respondents in both the Criminal Revision Petitions are same. Criminal Revision Petition No.1135 of 1997 is filed against the order dated 24-11-1997 in Crl. MP No.5596 of 1997 in CC No.367 of 1997 on the file of XV Metropolitan Magistrate, Hyderabad and Criminal Revision Petition No. 1136 of 1997 is filed against the order dated 24-11-1997 in Crl. MP No.5597 of 1997 in CC No.368 of 1996 on the file of the XV Metropolitan Magistrate, Hyderabad. These petitions were filed under Section 311 Cr.PC to recall PW3 to mark the certificate issued by the officer in Indian Bank, Begumpet Branch Hyderabad, in both the above cases, to establish certain facts in the cases.3. For the sake of convenience the facts in Criminal Revision Case No.l 135 of 1997 are taken for the disposal of both the Revision Cases.4. In the main case the prosecution's evidence was al...
Pyboina Ravindra Kumar @ Ravi and Others Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Nov-13-1998
Reported in: 1999(2)ALD449; 1999(1)ALT(Cri)370
ORDERA. Hanumanthu, J1. All these three appeals arise out of Sessions Case No.75 of 1993 on the file of Sessions Judge, West Godavari Division at Eluru. Criminal Appeal No. 1060 of 1997 has been preferred by accused Nos. 1,2,3,4 and 7; Criminal Appeal No.795 of 1997 has been preferred by accused No.6; and Criminal Appeal No,1 126 of 1997 has been preferred by accused No.3. Accused No.5 died pending trial of the case.2. All the appellants were tried for the offences punishable under Sections 120-B, 148 and 302 of Indian Penal Code for the murder of Tatikayala Taiaiah alias Pedda Kapu-deceascd on 10-12-1992 at about 3.00 p.m. at the fish tank of one Dr. Konda Reddy Rama Rao near Mutyalamma Temple at Mutyalammapuram village within the limits of Tadepalligudem Rural Police Station.3. The case of the prosecution, in brief, is as follows:(i) Al and A2 are brothers and the other accused their close associate. All the accused are residents of Tadepalligudem, The deceased was also resident of t...
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