Andhra Pradesh Court June 1998 Judgments
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Upputuri Venkaiah Vs. Tirumalasetti Kotaiah
Court: Andhra Pradesh
Decided on: Jun-30-1998
Reported in: 1998(4)ALD411; 1998(4)ALT126
ORDER1.Both the civil revision petitions arise out of the same suit. Hence,they were clubbed and heard together and they are being disposed of by this common order.2. The suit filed by the respondent was decreed ex parte on 22-3-1991. The defendants-revision petitioners have filed petitions under Order 9, Rule 13, CPC to set aside the ex parte decree dated 22-3-1991. The learned trial Judge, by the orders under revision dated 19-6-1997, allowed the petitions filed by the petitioners, under Order 9, Rule 13, CPC, on condition that the petitioners-defendants shall deposit half of the decretal amount together with costs into the Court on or before 3-7-1997. In the same order, the learned trial Judge has also stated that if the petitioners-defendants fail to deposit the said amount into the Court within the prescribed period, the petitions filed under Order 9, Rule 13, CPC stand dismissed. It appears that subsequently these applications were again posted before the trial Judge on 3-7-1997 ...
N. Raghuma Reddy (Died) and Others Vs. State of Andhra Pradesh and Oth ...
Court: Andhra Pradesh
Decided on: Jun-30-1998
Reported in: 1998(4)ALD310; 1998(4)ALT95
ORDER1. These two civil revision petitions, CRP No.3279 of 1993 and CRP No.4116 of 1994 relate to same subject-matter, that is to say, the lands covered by the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973-(for short 'the Act'). Hence, these two CRPs are clubbed and heard together and they are being disposed of by this common order.2. CRP No.3279 of 1993 is directed against the order dated 20-8-1993 passed in LRA No.41 of 1992 on the file of the Land Reforms Appellate Tribunal, Ranga Reddy District whereas CRP No.4116 of 1994 is directed against the order dated 20-8-1993 passed in LRA No.22 of 1992 on the file of the aforementioned Land Reforms Appellate Tribunal. LRA No.41 of 1992 as well as LRA No.22 of 1992 were disposed of by the Land Reforms Appellate Tribunal, R.R. District by a common order.3. The relevant facts for the purpose of disposal of these CRPs. be noted briefly as under:The father of the petitioners, namely, one N. Raghuma R...
T. Tirumala Reddy, Se, Apseb, Cuddapah and Another Vs. Apseb Engineers ...
Court: Andhra Pradesh
Decided on: Jun-30-1998
Reported in: 1998(4)ALD372
ORDERP. Venkatarama Reddi, J 1. The civil miscellaneous appeal is preferred against the interim injunction order passed by the Chief Judge, City Civil Court in IA No.817 of 1998 in OP No.546 of 1998. The original petition was filed under gection 11 of the Andhra Pradesh (Telangana Area) Public Societies Registration Act (hereinafter referred to as 'the Act') by the respondent-association. Pending the said original petition, interlocutory application was filed seeking interim relief in the nature of injunction restraining the respondent in the original petition from proceeding with the election process for electing the office-bearers of the association for the year 1998-2000. By an elaborate order passed by the learned Chief Judge, the said application was allowed and an interim injunction was granted against the respondent from conducting the proposed election scheduled to be held on 20-6-1998. An advocate-commissioner was appointed .to take possession of the movable and immovable prop...
United India Insurance Company Limited Vs. M. Ramulu and Others
Court: Andhra Pradesh
Decided on: Jun-30-1998
Reported in: I(1999)ACC617; 1999ACJ1450; 1998(5)ALD71; 1998(4)ALT778
ORDER1. On 26-10-1998 in the afternoon one Mallesh Yadav was riding his bicycle from Secunderabadto Begumpet. Onelorry bearing No.MMS-4001 came from behind at excessive speed and hit MalleshYadav (hereinafter referred to as 'deceased'). He died at the spot. As a result, the parents, and siblings of the deceased filed the petition before the Motor Accidents Claims Tribunal, Hyderabad, for seeking compensation of Rs. 1,50,000/- from the owner of the lorry and United India Insurance Company, which is the appellant, as it had insured the vehicle.2. The claim was not challenged by the owner of the lorry. The Insurance Company did not dispute the liability, but urged that the claim was exorbitant and excessive and the respondents No. 3 and 4 were not entitled to compensation.3. The learned Tribunal found that the death of the deceased was due to rash and negligent driving of the driver of the lorry and therefore, the lorry owner as well as the Insurance Company with whom he insured the said ...
Ajeya Bharat Party Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Jun-29-1998
Reported in: 1998(4)ALD327; 1998(4)ALT348
ORDER1. The petitioners in the instant writ petition is a registered political party; but, yet to be recognised. It is stated to have got itself registered with the Election Commission of India on 8-1-1998. It's main aim, according to what is stated in the affidavit,is to provide conflict free politics and problem free administration at all levels. It is stated that the party has come into existence with fifty points programme for the betterment of the people of India, irrespective of caste, creed and religion etc., and to achieve the 'Indianisation of India'. Its General Secretary is stated to be a practising Advocate.2. In the affidavit filed in support of the writ petition duly sworn to by its General Secretary, concern is expressed about the criminalisation of politics and mafia gangs entering into politics. The affidavit in detail states as to how the political process has got degenerated. It is stated that the people with criminal background and who were actually feeing criminal ...
Vimal S. Tompe (Smt.) Vs. Regional Joint Director of School Education, ...
Court: Andhra Pradesh
Decided on: Jun-29-1998
Reported in: 1998(4)ALD233; 1998(4)ALT362
ORDER1. In the writ petition originally presented before this Court the petitioner assailed the order of the District Educational Officer, Hyderabad, the second respondent herein, dated 29-3-1991 not approving the appointment of the petitioner as School Assistant, but appointing her as S.G.B. Teacher and further seeking direction to the respondents to continue the petitioner as B.Ed. School Assistant and pay to her the salaries attached to the said post by direct payment system regularly.2. Although numerous facts arc stated in the pleadings and certain documents areplaced before the Court for perusal and consideration, the question which falls for consideration is in a narrow compass. .The only question which falls for consideration is whether the petitioner or the 4th respondent is entitled to be appointed against one sanctioned post of B.Ed. School Assistant as sanctioned vide G.O.Ms.No.l78-Education (SSE.l) Department, dated 23-7-1990. Before dealing with tills question, few releva...
R. Surya Kumari Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jun-29-1998
Reported in: 1998(4)ALD559; 1998(4)ALT526
ORDER1. Initially the petitioner joined the services of the third respondent-Board, namely, the Andhra Pradesh State Social Welfare Board, as Personal Assistant to the Chairperson in the year 1964. Subsequently, the petitioner was promoted as Secretary of the third respondent Board in the year 1966 and thereafterwards she was functioning as Secretary of the Board. Under the Regulations governing the services of the petitioner, she had to retire from the services on attaining the age of 58 years. In other words, in the normal course, she would have been retired with effect from 31-12-1997.2. On 29-3-1996, the petitioner submitted a letter to the Chairperson of the third respondent-Board expressing her desire to retire voluntarily with effect from 31-10-1996 due to certain domestic constraints and requesting the Chairperson to permit her to do so. It appears that the proposal of the petitioner to retire voluntarily was forwarded to the second respondent, namely, the Central Social Welfar...
L. Raja Krishna Reddy Vs. Satwik Drugs Ltd. and Another
Court: Andhra Pradesh
Decided on: Jun-29-1998
Reported in: 1998(4)ALD536; 1998(2)ALD(Cri)316; 1998(2)ALT(Cri)267; [1999]96CompCas891(AP); 1999CriLJ4865
ORDER1. This application under Section 482 of the Code of Criminal Procedure, is filed by the petitioner-A2 to quash the proceedings in CC No.468 of 1997 on the file of the learned XV Metropolitan Magistrate, Hyderabad. The first respondent herein filed the complaint in CC No.468 of 1997 against the petitioner and another for the alleged offences punishable under Sections 138, 139, 141 and 142 of the Negotiable Instruments Act (for short 'the Act'). The trial Court had already taken cognizance of the offences basing on the complaint filed by the first respondent herein.2. The first respondent in the complaint alleged that it used to supply bulk quantities of drugs and medicines to the accused as and when required, by placing purchase orders by them. It is the case of the first respondent/ complainant that a consignment of 200 Kgs., of Ibuprofen was received by the accused on 8-8-1996 and its basic price was Rs.83,000-00. In addition to the basic price, the purchasers have to pay Rs.8,3...
Commissioner of Income-tax Ap-iii, Hyderabad Vs. Sri Durga Tobacco Com ...
Court: Andhra Pradesh
Decided on: Jun-29-1998
Reported in: 1998(4)ALD631; [1998]234ITR487(AP)
ORDERMotilal B. Naik, J 1. This reference is made by the Income Tax Appellate Tribunal in R.A.No. 700(Hyd)/1984 dated 30-09-1986 at the instance of the Commissioner on Income Tax, A.P.III, Hyderabad for the opinion of this Court on the questions of law formulated by the department, as under: 1. 'Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in holding that an appeal lies against the levy of interest under Section 139(8). 2. 'Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in holding that the amounts of instalments paid by the assessee beyond the due dates stipulated in Section 211 for payment of advance-tax are to be treated as advance tax and are to be given credit to for purposes of charging of interest under Section 139(8) of the I.T.Act?'2. Brief facts which have given rise to this reference are as under: The assessee - M/s Sri Durga Tobacco Company, Amaravathi Roa...
P. Hanumantha Rao Vs. Kaki Venkata Rao and Another
Court: Andhra Pradesh
Decided on: Jun-29-1998
Reported in: 1998(4)ALD637; 1998(2)ALT(Cri)238
1. This revision is directed against the judgment dated 31-1-1996 in CC No. 96/1993 on the file of the III Addl. Munsif Magistrate, Ongole. 2. The Sub-Inspector of Police, Naguluppalgpadu Police Station filed charge-sheet against the revision petitioner Kaki Venkatarao, who was working as Sub-Post Master, Naguluppalapadu Sub-Post Office, for the offences under Sections 409, 477A and 463 IPC alleging that on 6-9-1989 the Asst. Superintendent of Post Offices inspected Sub-Post Office and found that the accused fabricated and falsified the accounts and misappropriated the amounts deposited by the customers. 3. On behalf of prosecution, 13 witnesses were examined as P.Ws 1 to 13 and marked Exs, P-1 to P-171. The defence of the petitioner was of a total denial and none were examined on his behalf. 4. The learned Magistrate on considering the material on record found that there is material to show that the respondent is guilty of the offence under Sections 409 and 477A IPC, but as the prosec...
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