Andhra Pradesh Court July 1998 Judgments

Abbayolla M. Subba Reddy Vs. Padmamma

Court: Andhra Pradesh

Reported in: 1998(5)ALD465; 1998(5)ALT152; I(2000)DMC266

ORDERA. Hanumanthu, J 1. The legal point involved in this appeal is whether a Hindu Woman who is married, after coming into force the Hindu Marriage Act, 1955 (hereinafter called as 'Act'), to a Hindu male having a living lawfully wedded wife, can maintain a claim for maintenance under Section 18 of the Hindu Adoption and Maintenance Act, 1956 (hereinafter called as 'Maintenance Act1).2. Having disagreed with the view expressed by a single Judge of this Court in C. Obuta Konda Reddy v. Pedda Venkala Lakshmamma, : AIR1976AP43 , that the 'Hindu wife' contemplated by Section 18 of the Maintenance Act means, a Hindu wife whose marriage is solemnized, though void under the Hindu Marriage Act, she is entitled to claim maintenance from the husband, our learned brother Ramesh Madhav Bapat-i made this reference to lay down the correct position of law to the Division Bench/Full Bench/Larger Bench. This is how this appeal has come up before this Full Bench.3. In the reference order, our learned b...

Selection Committee, Apsrtc, Srikakulam and Others Vs. Ch. V.N. Satyan ...

Court: Andhra Pradesh

Reported in: 1998(5)ALD411; 1998(5)ALT738

ORDERUmesh Chandra Banerjee, C.J.1. This appeal is directed against an order of the learned single Judge wherein a direction was issued onto the respondents therein, being the appellants before this Court, to consider the case of the petitioner afresh in terms of the judgment in W.P.No. 5186 of 1987 dated 25-8-1987 and communicate their decision to the writ petitioner within three months from the date of receipt of the order. Significantly, however the writ petitioner has prayed before the Court by way of a writ petition for implementation of the order passed in W.P.No.11045 of 1993. Be it noted that the first in the line of writ petitions filed by the respondent-writ petitioner is in the year 1993 being WP No. 11045 of 1993 and the learned single Judge disposed of the case with a direction to consider the case of the petitioner and in terms of the order, the writ petitioner's case was duly considered but did not find favour of the respondents-appellants and as such, the case was rejec...

C. Maniyamma Vs. Junior Civil Judge, Narayanapet, Dist. Mahaboobnagar ...

Court: Andhra Pradesh

Reported in: 1998(5)ALD361

ORDER1. This writ petition is directed against an order allowing an application for amendment of the Election Petition. The election Petition was filed questioning theelection of the returned candidate mainly on the three grounds:1. Some votes were polled in his favour in the name of some dead persons; 2. Some votes were polled in the names of some persons who were absentees and who ceased to be residents of the village concerned; 3. Double voting in more than one constituency by the same persons.2. Originally in the election petition the names of some persons who voted under those three categories were mentioned. The trial of the election petition commenced in February, 1996. After about 50 witnesses were already examined the instant application for amendment was filed seeking to introduce by way of amendment the names of some more persons who allegedly voted under those three categories- The application was resisted by the returned candidate on the ground that the petitioner cannot b...

T. Venkaeshwarlu and Others Vs. State of A.P. and Others

Court: Andhra Pradesh

Reported in: 1998(5)ALD426; 1998(2)ALT(Cri)462; 1999CriLJ39

1. This Writ Petition is filed for quashing the proceedings in CC No.482 of 1995 before the XXII Metropolitan Magistrate-cum-Mahila Court, Hyderabad (for short 'the Mahila Court').2. The facts in brief are as follows:The 1st petitioner married the 2nd respondent on 31-1-1985. At the time of marriage he was working with M/s. Raasi Ceramic Industries, Hyderabad. They have two children bom on 25-10-1985 and 5-6-1987.Towards the end of 1986, a Swedish Company selected the 1st petitioner as a Technical Consultant/Ceramic Design Engineer, initially for a period of six months which was extended further in November, 19S7. The 2nd respondent joined the 1st petitioner along with her two children, Smt. Anusuya, the elder sister of the 2nd respondent and Sri Narayana, the brother-in-law of the 2nd respondent at the expense of the 1st petitioner. Subsequently differences cropped between the 1 st petitioner and the 2nd respondent which led to a decree of divorce granted by the District Court in Nack...

Y.V.N. Durga Prasad Vs. Commissioner of Endowments and anr.

Court: Andhra Pradesh

Reported in: 1998(5)ALT314

ORDERS.V. Maruthi, J.1. This writ petition is filed challenging the order of the first respondent refusing to appoint the petitioner on compassionate grounds.2. The petitioner's father who was an employee of the second respondent Institution namely Sri Durga Malleswara Swamyvari Devasthanam, Vijayawada sought voluntary retirement on health grounds at the age of 53 years, the date being 2-8-1995. For that vacancy the petitioner applied for appointment on compassionate grounds. The Executive Engineer who is the competent authority, recommended his case for appointment on consideration of the eligibility of the petitioner. The first respondent rejected the case of the petitioner on the ground that the wife of the father of the petitioner is also employed and they are not legally separate though they are living separately and therefore, the petitioner is not entitled for appointment. Aggrieved by the same the present Writ Petition is filed.3. The fact that the father of the petitioner reti...

Divisional Manager, Life Insurance Corporation of India and Another Vs ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

K. Ranga Rao, Member: 1. Aggrieved by the order dated 21.1.1998 passed by the Khammam District Forum in CD. No. 166/1995 directing the opposite parties 1 and 2 to refund the premium amounts paid by the deceased, Hanumanthu from the date of obtaining two policies till May, 1993, this appeal is preferred by the opposite parties 1 and 2, who are the Divisional Managers, L.I.C. of India, Warangal and the Branch Manager, L.I.C. of India, Bhadrachalam Branch. 2. The case of the respondent herein, who is the complainant before the District Forum is that her husband Hanumanthu while working in Singareni Colleries Company obtained one policy for Rs. 10,000/- on 28.1.1992 and another policy for Rs.40,000/-on 14.9.1992, that all the monthly premiums were paid by her late husband for the said policies, that her husband died on 4.9.1993 due to ill-health and that when she claimed the policy amounts the opposite parties 1 and 2 repudiated their liability to pay the policy amounts. Therefore she file...

United India Assurance Co. Ltd. Vs. Sri Satyanarayana Ghee Trading Co. ...

Court: Andhra Pradesh

Reported in: 1999(6)ALD4

1. The unsuccessful defendant is the appellant. The respondent herein is the plaintiff. The plaintiff filed the suit for recovery of an amount of Rs.86,713/-with subsequent interest and costs being the amount of loss sustained by the plaintiff on account of the fire accident, in which the godown bearing Door No.15/39 of the plaintiff containing 500 bags of chillies and 588 gunny bags had been damaged, in the fire.2. Briefly stated the facts are that the plaintiff is a registered firm carrying on business in Ghee and red-chillies by exporting the same to different places in thecountry. The godown bearing Door No.15/39 situaled at Mantralavari Street in Gollaprolu Village in East Godavari District was taken on lease by the plaintiff for keeping the stock. The plaintiff had been purchasing the chillies on his own account and also as a commission merchant for others. The stock thus purchased from various ryots upto 5-6-1981 was to the tune of Rs.66,270/-. On 5-6-1981 the plaintiff purchase...

Bakaram Jangaiah and Others Vs. Gunde Laxmamma (Died) by Lrs.

Court: Andhra Pradesh

Reported in: 1999(3)ALD381; 1999(3)ALT375

ORDER1. The Order of the Joint Collector. Ranga Reddy District in File No.B4/l 1802/88, dated 4.4.1989, copy of which was served on the Counsel for the Revision Petitioners on 15.4.1989, affirming the order of the Mandal Revenue Officer, Maheswaram in File No.A1/8477/ 71 and A1/M1/83, dated 2.1.1987 directing eviction of the revision petitioners from the land bearing Sy.Nos.236 and 237 admeasuring about 30 acres situated at Sri Nagar village of Maheswaram Mandal under Section 32 of Andhra Pradesh (Telangatia Area) Tenancy and Agricultural Lands Act, 1950 (for short 'the Act') is assailed in this Revision Petition.2. The facts giving rise to this revision petition- in brief are that :3. The land originally belonged to one Amanagul Venkata Narayana Rao. Late Bakaram Rajaiah, father of the revision petitioners was the protected tenant thereof. His name was recorded in the final record of tenancy as protected tenant while that of A. Venkata Narayana Rao as land holder. Late Bakaram Rajaiah...

K. Pushpa Leela Vs. Bar Council of State of A.P. and Another

Court: Andhra Pradesh

Reported in: 1998(5)ALD46; 1998(4)ALT828

1. The petitioner is a practising Advocate. She was appointed asAssistant Government Pleader. While she was acting in the said capacity, one Mrs. P.Revathi, Advocate, gave a representation to the 2nd respondent herein raising certain allegations against the petitioner. Thereafter, an enquiry was conducted by the Special Officer in the 2nd respondent's office and a report was submitted to the 2nd respondent. The said report was forwarded to the Government by 2nd respondent. Subsequently, the Government issued G.O. Rt. No.856, dated 12-11-1996 terminating the services of the petitioner as Assistant Government Pleader. While so, on 22-1-1997, the petitioner filed a complaint before the 1st respondent against the 2nd respondent herein and also against the said Revathi and one Mrs. Nagamani, Advocates, raising certain allegations against them. It was registered as Complaint case No. 10/1997. The respondents therein filed a reply and on consideration of the entire material on record, the Dis...

A.P. Scheduled Castes Welfare Association and anr. Vs. Govt. of A.P. a ...

Court: Andhra Pradesh

Reported in: 1998(5)ALD57; 1998(4)ALT718

ORDERA. Hanumanthu, J.1. These writ petitions have been filed challenging the educational notification SKU/EE1/97, dated 20-3-1997 based on the G.O. No.995 (Edn.), dated 16-12-1992 issued by Srikrishna Devaraya University, Anantapur for the purpose of recruitment of teaching staff i.e., Lecturers, Readers and Professors in Sri Krishna Devaraya University, Anantapur, and in the Post-Graduate Centre, Kurnool affiliated to that University, on the ground that grouping of Departments for the purpose of reservations is illegal and contrary to the law laid down by the Apex Court.2. Now a glance at the introductory facts. Sri Krishnadcvaraya University (hereinafter referred to as 'S.K. University') came into existence on 25-7-1981. The Post-Graduate Centre at Kurnool which was previously affiliated to Sri Venkateswara University, Tirupathi has been annexed to S.K. University in the year 1993. S.K. University has been offering various courses in various faculties. It has been following the rule...