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Andhra Pradesh Court August 1998 Judgments

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Aug 17 1998

Regional Manager, Apsrtc Vs. Bommidi Venkata Ramana

Court: Andhra Pradesh

Decided on: Aug-17-1998

Reported in: 2000(1)ALT169

Umesh Chandra Banerjee, C.J.1. Since the route in question stands nationalised in the year 1987, question of entertaining a petition for appointment in the year 1997 does not and cannot arise. The learned single Judge, however, without noticing the above aspect of the matter, directed consideration of the case of the writ petitioner. We are, however, not in a position to record our concurrence with the view expressed by the learned Judge by reason of the lapse of time involved. In that view of the matter, the appeal is allowed. The order of the learned single Judge stands set aside and quashed. No order as to costs....


Aug 14 1998

M.D.K. Hotel Enterprises, Pvt., Ltd. Vs. Gurumukhadas A. Manghanami

Court: Andhra Pradesh

Decided on: Aug-14-1998

Reported in: 1999(2)ALD478; 1999(2)ALT258

1. The landlord filed the Civil Revision Petition assailing the judgment of the learned Additional Chief Judge, City Small Causes Court, Hyderabad in RA No.29 of 1988, dated 24-4-1990, wherein the Order of eviction in RC No. 184 of 1981 on the file of Principal Rent Controller, Hyderabad, dated 16-11-1987 has been reversed and consequently his eviction petition has been dismissed.2. The facts in brief are:That the building known as Asthana buildings bearing Door Nos.5-8-268 to 271 originally belonged to one Suit. Shaher Banu. She sold the same under a registered sale-deed on 7-1-1969 to M/s. Haji Suleman Khan and Mahaboob Khan, Tobacco Exporters of Guntur, a registered firm of which one Athaur Rahman Khan was a partner. The firm was dissolved on 1-1-1980 and the above property fell to theshare of Athaur Rahman Khan. He entered into partnership with M.D.K. Hotels Private Limited, Hyderabad under a partnership deed dated 26-8-1980, according to which he contributed the said Asthana build...


Aug 13 1998

C.H. Siva Prasad and Others Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Aug-13-1998

Reported in: 1998(5)ALD729; 1998(2)ALD(Cri)498; 1999(1)ALT(Cri)644; 1999CriLJ1263

ORDER1. This is an application filed under Section 438 of the Code of Criminal Procedure to direct the SHO, II Town Police Station, Mahaboobnagar to release the petitioners on bail in the event of their arrest in connection with Cr. No.99 of 1998.2. The petitioners herein are the accused Nos. 1 to 4 in the above crime. One Smt. Sarada Devi wife of the 1st petitioner herein filed a complaint on 15-6-1998 against the petitioners alleging harassment and a case in Cr. No.99 of 1998 on the file of the II Town Police Station Mahaboobnagar was registered for the offence punishable under Section 498-A IPC. The petitioners apprehend arrest in connection with the above crime. Petitioner No.2 is the father and 3rd petitioner is the mother and 4th petitioner is the younger brother of the 1st petitioner. The de facto complainant was married to the 1st petitioner on 22-8-1997. It is alleged that at the time of marriage, the parents of the de facto complainant gave certain amount of cash as dowry and...


Aug 12 1998

Sirikonda Veera Sameera Kumar Dev Vs. Ogiralal Gouri Shankar and Other ...

Court: Andhra Pradesh

Decided on: Aug-12-1998

Reported in: 1998(5)ALD479; 1998(5)ALT625

ORDERRamesh Madhav Bapat, J 1. The appellant herein was the original plaintiff, who had instituted OS No.191 of 19S3 in the Court of the Principal Subordinate Judge, Guntur. The plaintiff had made averments in the suit that the suit schedule property originally belonged to the first defendant by name Ogirala Venkata Subbamma. She had one son by name Krishna Murthy, who is the father of defendants 2 and 3 and husband of Ramatulasamma, who is the mother of the defendants 2 and 3. As the said Krishnamurthy was leading a way-ward life and he was not looking after the family and not attending to the welfare of the children, the first defendant, who was holding the property, settled the said property in the names of defendants 2 and 3, who are the grand-sons of first defendant. They were represented by their mother Ramahdasamma as Guardian by executing a Registered Settlement Deed dated 13 -12-1970 reserving life interest for herself and giving vested remainder rights in the property to the ...


Aug 12 1998

Chief Security Commissioner, Rpf, Sc Railway, Secunderabad and Another ...

Court: Andhra Pradesh

Decided on: Aug-12-1998

Reported in: 1999(5)ALD564; 1999(2)AnWR267

ORDERUmesh Chandra Banerjee, CJ.1. This writ appeal has been directed against the decision of the learned single Judge wherein the appellants have been directed to consider the case of the petitioner's son for appointment on compassionate grounds in the light of the judgment of the Karnataka High Court in WPNo.11078 of 1979. The learned single Judge has also been pleased to pass on order directing the petitioner to make a representation for payment of compassionate pension in terms of the Circular dated 1-12-1995, and the respondents were directed to consider the representation in the light of the said Circular and pass appropriate orders in accordance with law.2. Be it noted that the petitioner is a widow of one Syed Basha Mohiddin since deceased, who was appointed as Rakshak in Watch and Ward Department in Southern Railway on 26-9-1949. In 1976, however, a charge of theft was framed against him, and on receipt of explanation, he was removed from service on 16-1-1978. The petitioner's...


Aug 11 1998

S. Shivaraj Reddy Vs. Superintending Engineer (Roads and Buildings) Ru ...

Court: Andhra Pradesh

Decided on: Aug-11-1998

Reported in: 1998(5)ALD215

ORDER1. Engineer-in-Chief (Roads and Buildings) (R) of Andhra Pradesh, who is second respondent herein, had issued a Tender Notice N0.40412/TA.12/AE.1/97/CTN, dated 30th June, 1998 under which sealed tenders from the Registered Firms and Contractors, who had registered themselves as per G.O. Ms. No.22, dated 6th February, 1998 and G.O. Ms. No.521, dated 10th December, 1984, for execution of the following two works namely,--1. Construction of Super Highway from Hyderabad Airport to Hi Tech City @ Madapur,Reach-1 :(Ch. 0.00 to 150.00)From N.T.R. Statute @ Km, 41/0 of Inner Ring Road to NFCL Junction at Panjagutta; andReach-2 : (Ch.150.00 to 273.00)From NFCL Junction at Panjagutta to Jubilee Hills Check Post.2. Construction of Super Highway from Hyderabad Airport to Hi-Tech City at Madapur,Reach-3 : From Jubilee Hills Check Post to Guttata Bcgumpet (Ch.273.00 to 355.00+10 M)Reach-4 : From K.M. 0/0 to 4/4 of Guttala Begumpet to Kothaguda Road,The said notice further prescribed the dates fo...


Aug 11 1998

Apsrtc, Mushirabad, Hyderabad Vs. P. Venkat Reddy and ors.

Court: Andhra Pradesh

Decided on: Aug-11-1998

Reported in: AIR1999AP110; 1998(4)ALT711

ORDER1. These two civil revision petitions are filed by the same party, AndhraPradesh State Road Transport Corporation, represented by its Chief Civil Engineer-I, Hyderabad question the two separate orders dated 6-8-1993 passed in O.P. No. 491/89 and O.P. No- 492/89 on the file of the IV Additional Judge, City Civil Court, Hyderabad, by which the authority of the named arbitrator in both the cases was revoked and an independent arbitrator was appointed in his place.2. The first respondent in the present revision petitions is the contractor who entered into separate agreements with the petitioner herein for construction of bus stands at Yerragondapalem and Kanigiri in Prakasam district. As disputes arose between the parties regarding some amounts claimed by the contractor relating to the works done by him as per the contracts, the contractor chose to invoke the arbitration clause in the agreements and requested the General Manager, APSRTC who is the named arbitrator in the contract and ...


Aug 11 1998

Sicon Limited, Bombay Vs. Shree Panduranga Poultries Pvt. Ltd., Hydera ...

Court: Andhra Pradesh

Decided on: Aug-11-1998

Reported in: 1998(6)ALD421; [2001]103CompCas318(AP)

1. Commonality of questions of law and similarity of facts incline me to dispose of these five company petitions by this common judgment.2. The petitioner has filed these five petitions under Sections 433(e) and (f) and 439 of the Companies Act, 1956, for compulsory winding up of the respondent companies. The petitioner is a public limited company. It was formerly known as the 'State Industrial and investment Corporation of Maharashtra Limited'. The petitioner is known now as SICOM Limited. The respondent/ Companies are Public Limited Companies and the main object of these respondent/Companies is to carry on the business of poultry farming, hatchery, breeder houses, eggs producing and distribution centres and construction of poultry houses and stores.3. The State of Maharashtra, vide its resolution No.IDL 1088/(6693)/IND-8, dated 30-9-1988, issued a publication entitled 'Maharashtra's Package Scheme of Incentives, 1988' and through this, declared various incentives to several industrie...


Aug 11 1998

G. Sreenadha Reddy Vs. Govt. of A.P., Panchayat Raj Dept. and ors.

Court: Andhra Pradesh

Decided on: Aug-11-1998

Reported in: 1998(6)ALT67

Motilal B. Naik, J.1. We have heard the learned Counsel for the petitioner and the learned Government Pleader for Panchayat Raj.2. The petitioner, an individual resident of Deendarlapalli village, a part and parcel of erstwhile Chittecherla Gram Panchayat, is before us aggrieved by the notification issued by the 2nd respondent on 12-5-1995 bifurcating Deendarlapalle village in Chittecherla Cram Panchayat and constituting two Gram Panchayats, one is Deendarlepalli and the other one Chitticherla.3. At the outset we may observe that an individual approaching this Court under Article 226 of the Constitution of India is not entitled to agitate the bifurcation inasmuch as under the G.Os. issued by the Government from time to time viz., G.O.Ms. No. 515, dt. 22-8-1994, G.O. Ms. No. 223, dated 10-4-1995, G.O.Ms. No. 225, dt. 11-4-1995 and G.O.Ms. No. 273, dt. 18-5-1995, the 2nd respondent is competent to bifurcate or trifurcate the existing Gram Panchayat basing on the needs. The only requireme...


Aug 10 1998

K. Mallesham Vs. State of A.P.

Court: Andhra Pradesh

Decided on: Aug-10-1998

Reported in: 1998(5)ALD120; 1998(2)ALD(Cri)562; 1998(2)ALT(Cri)395; 1999CriLJ324

ORDER1. This is an application under Section 438 of the Code of Criminal Procedure, 1973, to direct release of the petitioner (A-1) on bail, in the event of his arrest, in connection with Cr.No.81 of 1998 on the file of P.S.Parkal, Warangal District. The petitioner apprehends arrest at the hands of the Police in connection with the above crime registered under Section 306 IPC and Section 3(i)(x) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 (for short 'Prevention of Atrocities Act'). 2. The allegations made in the First Information Report (FIR) and the Remand Case Diary may, briefly, be noticed. The deceased, K.Tirupathi was working as an Attender in Sahiti Junior College, Parkal. The deceased is alleged to have committed theft of a cheque for Rs.10,000-00 and presented the same in State Bank of Hyderabad and withdrew the amount. On 19-6-1998 the matter came to the notice of the management and an inquiry was held. The management is alleged to have made inquiry...


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