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Andhra Pradesh Court April 1998 Judgments

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Apr 13 1998

Dhananjay Waghray (Died) a/P Smt. Manjula Waghray Vs. Controller of Es ...

Court: Andhra Pradesh

Decided on: Apr-13-1998

Reported in: 1998(4)ALD151; [1998]234ITR276(AP)

ORDERS.V. Maruthi, J 1. This application in filed under Section 64(1) of the Estate Duty Act at the instance of the accountable person.2. The facts in brief are as follows. Late Dr. Dhananjay Wagray died in Hyderabad on 30-11-1983 leaving behind his wife Smt. Manjula Waghray and two sons.The deceased had left for United Kingdom in the year 1973 and later in the year 1974 shifted to Chicago, United States of America (for short 'USA'). He arrived in India on 7-4-1983 and brought with him his car used by him in USA and other articles, on transfer of residence to India. Necessary formalities were completed by the deceased with the authorities of Reserve Bank of India. As the deceased found that the conditions in India were not conducive, he thought of again going back to America andin this regard he wrote some letters to a few hospitals seeking employment. He had also made an application to Reserve Bank of India on 10-11-1983 for availing reconversion of currency. The deceased was a Green ...


Apr 13 1998

Patta Dhanalakshmi Vs. Patta Ramachandra Rao

Court: Andhra Pradesh

Decided on: Apr-13-1998

Reported in: 1998(4)ALD78

ORDERMotilal B. Naik, J.1. This appeal is directed against the judgment in OP No. 41 of 1989 dated 11-11-1994 on the file of the Court of the Principal Subordinate Judge, Visakhapatnam.2. The appellant is the wife while the respondent is the husband. The respondent-husband instituted OP No.41 of 1989 under Section 13(1)(i) of the Hindu Marriage Act praying the Court to grant decree of divorce against the appellant-wife on the ground of adultery.3. In the petition filed by the respondent-husband it was alleged by him that he married the appellant-wife on 26-5-1983 at Jami village as per the Hindu rites and custom and he set up his house at Visakhapatnam where both of them lived together. He is a lame person, permanently handicapped. The marriage was consummated, and he came to know that theappellant-wife had undergone abortion prior to the marriage. He questioned the lapse on the part of the appellant-wife. The appellant-wife admitted the lapse but pleaded that she would rectify the mis...


Apr 10 1998

N.B. Ramesh Vs. B. Krishna Reddy and anr.

Court: Andhra Pradesh

Decided on: Apr-10-1998

Reported in: 1998(3)ALD507; 1998(3)ALT284

ORDERN.Y. Hanumanthappa, J.1. The writ appeals have been filed challenging the order of the teamed single Judge dated 11-10-1996 passed in W.P.No.18595/96 directing the Andhra Pradesh Pollution Control Board-1st respondent to consider the case of the petitioner for promotion and appoint him as Senior Environmental Scientist.2. Writ Appeal No. 1298/96 is filed by one Mr. N.B. Ramesh who was the 2nd respondent in W.P.No. 18596/96 and Writ Appeal No. 1300/96 is filed by the A.P. Pollution Control Board, the 1st respondent in W.P.No. 18596/96. W.P.No.17961/97 is filed by N.B. Ramesh seeking a direction to the respondents therein to treat the diploma in AIC on par with M.Sc. Chemistry. Since both the writ appeals are directed against the single Judge order and the point involved in W.P.No.17961/97 is also the subject-matter of the writ appeals, they are clubbed, heard together and disposed of by a common order.3. A few facts which are necessary to dispose of these matters are as follows :- ...


Apr 10 1998

Nadikatla Narayana Swamy and ors. Vs. State of A.P. and anr.

Court: Andhra Pradesh

Decided on: Apr-10-1998

Reported in: 1998(3)ALD403; 1998(3)ALT282

ORDER1. This revision petition is filed against the order dated 2-8-1997 passed by the learned Subordinate Judge, Rajam, in an unnumbered appeal in Gr.No.2198/1996.2. Appellants before the lower appellate Court arc the petitioners herein. They filed O.S.No.384/1987 seeking declaration of their title and for a consequential permanent injunction restraining the defendants therein or their subordinates, men or agents from entering into the plaint schedule site or from in any manner interfering with their possession and enjoyment of the same. The suit was valued for the purpose of payment of Court-fee at Rs.750/- and accordingly a Court-fee of Rs.83.50 was paid under Section 24(b) read with Schedule 1 Article 1(b) and (c) of A.P. Court Fees and Suit Valuation Act, 1956. Subsequently, the suit was tried and the same was ultimately dismissed by the trial Court. Aggrieved by the said judgment of dismissal, the plaintiffs filed the present appeal before the learned Subordinate Judge, Rajam. Th...


Apr 10 1998

Union of India, Dept. of Automic Energy, New Delhi and ors. Vs. G.P.M. ...

Court: Andhra Pradesh

Decided on: Apr-10-1998

Reported in: 1998(3)ALD433; 1998(3)ALT453

ORDERD. Reddeppa Reddi, J.1. These five writ petitions are directed against the common order dated 5-12-1997 of the Central Administrative Tribunal (CAT), Hyderabad Bench, at Hyderabad in OANos.1434, 1435, 1436, 1437 and 1438 of 1997 holding that the orders dated 20-10-97 of the Administrative Officer, Nuclear Fuel Complex (NFC), Hyderabad, the second petitioner herein deciding to superannuate the respondent in each writ petition, who are working as drivers in NFC, Hyderabad, on their attaining the age of 58 years, is bad and directing the petitioners to continue them (the applicants in OAs) in service till the afternoon of the last day of the month in which they attain the age of 60 years.2. The issue whether the age of superannuation of the drivers working in NFCs is 58 years or 60 years remains unsolved forever 15 years. As far as the drivers employed in NFC at Hyderabad are concerned, this is the third round of litigation. It started in the year 1983 when two drivers filed WP Nos.4...


Apr 10 1998

Pochamma and Others Vs. Mirza Dawood Baig and Another

Court: Andhra Pradesh

Decided on: Apr-10-1998

Reported in: 1999ACJ1006; 1998(4)ALD83; 1998(3)ALT674

ORDER1. This civil revision petition is directed against the order in IA No.792 of 1997 dated 27-8-1997 in OP No.289 of 1996 on the 61e of the Motor Accidents Claims Tribunal-cum-District Judge, Mcdak at Sangareddy, refusing amendment of claim petition so as to enhance the claim from Rs.2,00,000/- to Rs.3,50,000/-.2. The revision petitioners are the claimants in OP No.289 of 1996 wherein they sought for a compensation of Rs.2,00,000/-for the death of late Ramulu who was husband of the revision petitioner No. 1 and the grandfather of revision petitioners 3 to 5 and the father-in-law of revision petitioner No.2. During the pendency of the OP, they sought for enhancement of compensation to Rs.3,50,000/- by way of amendment under Order VI, Rule 17 read with 151 CPC.3. The amendment petition has been opposed by the owner and insurer of the vehicle in question.4. The learned Tribunal considered the rival contentions and held that the revision petitioners did not specify any reasons or ground...


Apr 10 1998

J. Moses and ors. Vs. Govt. of A.P., Home and Prisons Dept. and ors.

Court: Andhra Pradesh

Decided on: Apr-10-1998

Reported in: 2000(4)ALT373

ORDERN.Y. Hanumanthappa, J.1. As common questions are involved in all these writ petitions, they were heard together and are being disposed of by this common order.2. The petitioners in Writ Petition Nos. 21697 and 24501 of 1997 seek a writ of Habeas Corpus declaring the action of the respondents in continuing to confine the life convicts, i.e., the petitioners, who have completed the sentence of 10 years including remissions as on 15-8-1997 as illegal, arbitrary and unjust, and to direct the respondents to set the petitioners at liberty, the petitioners in Writ Petition Nos. 24844 and 31943 of 1997 seek Writ of Habeas Corpus declaring the continued confinement of the petitioners who have completed 7 years of imprisonment including remissions as on 15-8-1997 as illegal, improper and arbitrary and to direct the respondents to set the petitioners at liberty forthwith; and Writ Petition No. 27753 of 1997 is filed seeking a direction to the respondents to produce the petitioners, who are l...


Apr 09 1998

N. Yadagiri Goud Vs. Deputy Director, Mines and Geology, Govt. of A.P. ...

Court: Andhra Pradesh

Decided on: Apr-09-1998

Reported in: 1998(3)ALD176; 1998(2)ALT790

ORDER1. The petitioner claiming to beA pro bono public character has filed this writ petition seeking a declaration that the inaction of the respondent public authorities in not taking appropriate action to stop the Respondent No.5 from doing illegal quarrying operations in Survey No.279 and 279/AB which is said to be the Government land situated in Macharaipalli Village, Nallikundur Mandal, Warangal District as arbitrary and illegal and for a consequential direction to the Respondents 1 to 4 to take appropriate action to stop illegal quarrying by the Respondent No.5 in the aforementioned land. On service of notice, the respondent-authorities have filed counter along with W.V.MP.No. 1968 of 1997 seeking vacation of the ex part interim order. In the counter, the official respondents have pointed out that the fifth respondent was granted quarry lease in respect of Survey No.279. However, the official respondents have not stated whether the landin Survey No.279/A&B; is part of Survey No.2...


Apr 09 1998

Arif Abdul Ghani and ors. Vs. Shaik Chand and ors.

Court: Andhra Pradesh

Decided on: Apr-09-1998

Reported in: 1998(3)ALD469; 1998(3)ALT414

ORDER1. The short question that arises in this case is whether the period of Limitation prescribed by Order 22 Rule 3 to bring on record the L.Rs. of a claimant in an application filed under Order 21 Rule 97, 98 and 101 CPC read with Section 47 of CPC is applicable of not The question arises on the following facts.2. The petitioner-decree holder, in execution of a decree obtained in the suit for specific performance and recovery of possession, got the sale deed executed through the Court and also obtained possession of the property on 9-12-1988. At that stage, the father of the respondents filed a claim petition E.A.34/89 under Order 21 Rule 97, 98 and 101 read with Section 47 of CPC. Pending the same it appeared he passed away on 3-6-1990 but no steps had been taken by the L.Rs./respondents to be brought on record, hence E.A. had been dismissed. After a considerable delay, they thought of coming on record. They had chosen to file E.A. 119/93 under Sections of the Limitation Act, to co...


Apr 09 1998

B. Ramanaiah and Others Vs. District Collector and Election Authority ...

Court: Andhra Pradesh

Decided on: Apr-09-1998

Reported in: 1998(4)ALD41; 1998(4)ALT305

ORDER1. These two contempt cases are filed by Sri B. Ramanaiah and Writ Petition No.6270 of 1997 was filed by Madiri Ramaiah and they can be disposed of by a common judgment as the dispute in these cases is one and same and between the same parties.2. In this case while one group headed by Sri B. Ramaniah, is trying to continue as members of Venkateswara Weavers Co-operative society, (Indukurpet Society), Indukurpet Village and Mandal, Nellore District, the other group headed by Erra Dasaratharamaiah, are trying to get the members of the society who are not residents of Indukurpet deleted from the membership of the society, by contending that they are not residing in the area of operation of the society and as such they seized to be the members of the society. Hence, both the groups will be referred by the names of the leaders for the sake of convenience in disposing of these cases.3. While B. Ramanaiah filed CCNo.1360 of 1996 alleging that the contemnors flouted the orders of this Cou...


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