Andhra Pradesh Court July 1998 Judgments
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K. Ramulu and Another Vs. K. Narsimulu and Another
Court: Andhra Pradesh
Decided on: Jul-17-1998
Reported in: 1999(1)ALD99; 1999(1)ALT569
ORDER1. This is a review petition against the order dated 3-4-1998 in CRP No.3037 of 1996.2. The Review Petition arises in the following circumstances. Sri A. Panduranga Rao, learned Counsel for the petitioners was not keeping good health for some time during the period preceding 3-4-1998. The Civil Revision Petition was adjourned several times on that ground and ultimately the order under review has been passed after hearing Sri M. Raja Malla Reddy, learned Counsel for the respondents. Aggrieved by that order, this Review Petition is filed.3. Sri A. Panduranga Rao, learned Counsel for the respondent have been heard at length in the main Civil Revision Petition which is directed against the docket order dated 9-8-1996 in OS No.2 of 1989 on the file of the Subordinate Judge, Sanga Reddy.4. The following question has been formulated for consideration by the learned Subordinate Judge:'Whether the document in question is an award, compulsorily registerable under Section 49 read with Sectio...
Forest Range Officer, Gandhari, Nizamabad Dist. Vs. K. Raju and Others
Court: Andhra Pradesh
Decided on: Jul-17-1998
Reported in: 1998(4)ALD624; 1998(4)ALT445
ORDERP. Venkatarama Reddi, J.1. Aggrieved by the order passed by the Divisional forest Officer, Kamareddi confiscating the lorry belonging to the first respondent under Section 44 (2-A) of A.P. Forest Act, the first respondent preferred an appeal to the District and Sessions Judge, Nizamabad. The Divisional Forest Officer, Kamareddi held that the owner of the lorry had prior knowledge of transport of timber for the benefit of A.4 and despite the same, he did not take necessary precautions to ensure that illicit timber was not transported by the driver. He further held that the owner and driver connived with A.4 to facilitate the transport of illicit timber. Hence, he ordered confiscation of the lorry. Admittedly, the lorry was seized on 13-1-1987 when it was carrying on 104 timber logs which were obtained by felling trees in the reserve forest area, On the short ground that an opportunity of compounding the offence was given to the appellant-owner, the District Sessions Judge, Nizamaba...
P. Chinnayya Vs. Nitesh Narayan and ors.
Court: Andhra Pradesh
Decided on: Jul-17-1998
Reported in: 1998(4)ALD584
ORDERD. Reddeppa Reddi, J. 1. The common order dated 11-12-1997 of G. Bikashapathi, J. made in W.P. No. 23481/97 and batch, setting aside the admissions made by the University of Health Sciences (UHS) to the 1st year M.B.B.S. course for the academic year 1997-98 and directing the UHS represented by its Registrar and the Chairman, Under-graduate Admissions Committee, UHS, the respondents in the writ petitions, to make admissions for the same with the following directions : 1. The Common Entrance Test Committee shall forthwith prepare a merit list in accordance with Rule 6 of the A.P. Professional Educational Institutions (Regulation of Admission into Under-Graduate Professional Courses through Common Entrance Test) Rules, 1993 notified in G.O. Ms.No.184, Education EO-II dated 20-8-1993 within a period of two weeks from the date of receipt of a copy of this order. 2. The competent authority namely the University of Health Sciences shall prepare similar lists as contained in Rule 6(1), (a...
Govt. of A.P. and Another Vs. Mohd. MoinuddIn Hussan and Others
Court: Andhra Pradesh
Decided on: Jul-17-1998
Reported in: 1998(5)ALD73; 1998(4)ALT554
ORDERP. Venkatarama Reddi, J. 1. These writ appeals one by the State and another by the Requisitioning Department i.e., the Hyderabad Metropolitan Water Supply and Sewerage Board, are filed against the judgment of the learned single Judge in WPNo.17156/96 read with the order passed in the Review WPMP No.27483 of 1996 in the said writ petition. The Writ petition filed by the respondents herein was allowed with a direction to pay compensation at the rate prevailing on the date of issue of last Notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as 'the Act') i.e., 3-6-1995. The review petition filed by the appellants herein was dismissed on 2-12-1996. Hence these writ appeals by the State and H.M.W.Board.2. The writ petition was filed seeking a direction to the respondents (appellants in WA No. 1126 of 1997) to pass an award in respect of the acquired land in S. No.547 of Alwalvillage, Rangareddy district by fixing the market value prevailing on the date ...
Director General of Mines Safety, Dhanbad and Another Vs. Mosali Ashok ...
Court: Andhra Pradesh
Decided on: Jul-17-1998
Reported in: 1998(5)ALD49; 1998(4)ALT672
ORDERUmesh Chandra Banerjee, C.J.1. The most accepted methodology of governmental working is fairness. In the event there is any departure from the concept of fairness, there ought not to be any hesitation, insofar as Law Courts are concerned, in striking down such action, since arbitrariness is the anti-thesis of law. Law Courts exist for the Society and in the event Law Courts fail to rise up to the occasion or fail to reach to the expectation of the people, the Society would perish and the Law Courts will lose their existence and efficacy.2. It is on this back-drop that the matter under consideration ought to be dealt with and in order to appreciate the contentions raised, the factual aspect of the matter ought to be adverted to at this juncture briefly. The Chairman of the Board of Mining Examinations, under the Coal Mines Regulations, 1957, announced examination for various posts created under the Mines Act and the Coal Mines Regulations. While it is tnie, the examination did take...
Shri Vishnu Spinners, Tamilnadu Vs. Sri Bhagyalakshmi Commercial Corpo ...
Court: Andhra Pradesh
Decided on: Jul-17-1998
Reported in: 1998(5)ALD274; 1998(2)ALD(Cri)383; 1999(1)ALT(Cri)187; 1999CriLJ1221
ORDER1. This is an application filed by the accused respondent in un-numbered CC -/1997 on the file the learned IV-Addl. Munsif Magistrate, Guntur. The order passed by the learned IV-Addl.Munsif Magistrate, Guntur in Crl. MP No.3651 of 1996 dated 6-1-1997 is under challenge. The first respondent herein filed complaint before the learned IV-Addl.Munsif Magistrate, Guntur against the petitioner herein for the alleged offence punishable under Section 138 of the Negotiable Instruments Act in respect of dishonour of cheque dated 25-11-95 and 15-12-95 for a sum of Rs.2 lakhs and Rs.l lakh. It is the case of the complainant that the cheques issued by the petitioner were presented for encashment through their Bankers and the same was dishonoured for the reason 'funds insufficient''. Thereafter the first respondent herein got issued notice dated 6-6-1996 through his Advocate. Admittedly, the first respondent herein could not file the complaint as required under Section 142(b) of the Negotiable ...
Kaligotla Venkata Sivarama Krishna Vs. Kaligotla Seeta Mahalakshmi and ...
Court: Andhra Pradesh
Decided on: Jul-17-1998
Reported in: 1998(5)ALD177; 1998(5)ALT78
1. AS No. 1361 of 1985 is filed by the plaintiff, AS 1677 of 1985 by defendants 1, 2 and 3 and AS 1678 of 1985 by defendants 4 to 9.2. All the appeals arise out of the same judgment in OS No.33 of 1984 on the file of the Subordinate Judge, Tadepalligudem, and they are, therefore, taken up for disposal by a common order.3. The suit was for partition of the plaint schedule property into fifty shares by metes and bounds and for allotment of 11/50th share to the plaintiff and for mesne profits. The suit was decreed against defendants 1 to 9 and dismissed as against defendant-10, each party to bear its own costs. A preliminary decree was passed for partition of the plaint schedule items 3 to 16 into fifty shares by metes and bounds and allotment of 11/50th share to the plaintiff. The relief for mesne profits was rejected. The plaintiff and defendants 1 to 9 were held to be entitled for the lease amount paid by 10th defendant for the lease of items 1 and 2, the rice mill, according to their ...
B.H. Nagarathana (Smt.) and ors. Vs. Kanataka State Road Transport Cor ...
Court: Andhra Pradesh
Decided on: Jul-16-1998
Reported in: I(1999)ACC633; 1999ACJ1472; 1998(5)ALD104; 1998(4)ALT669
ORDERA.S. Bhate, J.1. This appeal is directed against award in MV OP No.682 of 1994 decided by the learned Motor Accidents ClaimsTribunal at Tirupati on 17-3-1997. After hearing the arguments for the learned Counsel we are not inclined to admit the appeal and it deserves to be dismissed at the threshold for brief reasons to follow :The appellants had made a claim before the Tribunal for compensation of Rs.3,50,000/-. Appellant No. 1 is the widow and appellants 2 and 3 are minor children while appellant Nos.4 and 5 are the parents of deceased B.H. Gururaj, who met with a fatal accident which took place on 13-5-1994. The vehicle involved in the said fatal accident was A.P. State Road Transport Corporation's Bus. The Tribunal accepted the claim of the claimants for compensation in full and awarded all the compensation that was claimed i.e., amount of Rs.3,50,000/- with interest on the said amount at 12% from the date of petition till date of realisation. Inspite of the Award having been p...
Prakash Road Lines (P) Ltd. and anr. Vs. H.M.T. Bearing Limited, Hyder ...
Court: Andhra Pradesh
Decided on: Jul-16-1998
Reported in: 2001ACJ40; 1998(5)ALD198; 1998(5)ALT378
ORDERP. Ramakrishnam Raju, J1. The defendants are the appellants. The 1st defendent is a company registered under Companies Act with its registered office at Bangalore, which is a 'common carrier' within the meaning of Section 2 of the Carriers Act, 1865 (for short 'the Act'). The 2nddefendant is a branch of the 1st defendant-Company at Hyderabad.2. The respondent plaintiff had entrusted to the 2nd defendant at Hyderabad on 24-1-1983, 26-2-1983, 9-3-1983 and 23-3-1983 some consignments of bearing valued at Rs. 1,45,726-71 ps., for the purpose of transporting them from Secunderabad to Delhi and for safe delivery to the consignee as per the lorry receipts/way bills. The 2nd defendant accepted those consignments and issued lorry receipts concerning those consignments. The plaintiff was informed through letter dated 15-4-1983 addressed by the 1st defendant that the consignments booked by the plaintiff were burnt in a fire accident on the intervening night of 4/5-4-1983. The plaintiff accor...
Sandamma and Others Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Jul-16-1998
Reported in: 1998(5)ALD518
ORDER1. These writ petitioners who are 31 in number are seeking a writ moreparticularly one in the nature of Certiorari calling for the files in CC bearing Nos.H2/ 11707 to 11711/76, dated 16-6-1997 as confirmed by the appellate authority and quash the same and declare that the survey numbers 94, 96, 97, 135, 136, 139, 140, 141, 146, 156, 163 and 185 of Kondapur Village, Serillingampally Mandal, Ranga Reddy District belonging to them are situated outside the limits of Hyderabad Urban Agglomeration and consequently the provisions of Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter referred to as 'the Act') are not applicable with respect to those lands.2. The facts in brief are as under:The petitioners submit that they arc the joint owners of the agricultural lands bearing survey numbers 94, 96, 97, 135, 136, 139, 140, 141, 146, 156, 163 and 185 situated at Kondapur village, Serilingampally Mandal, Ranga Reddy District and that they have been in possession and enjoyment of the s...
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