Andhra Pradesh Court September 1998 Judgments

Tirumala Merchants Welfare Association and Others Vs. State of Andhra ...

Court: Andhra Pradesh

Reported in: 1998(6)ALD304

ORDER1. This is a writ petition filed by Tirumala Merchants Welfare Association (Regd.No.329 of 1987) represented by its President N. Purushottam, Tirumala Hills and 29 others for issue of a writ of mandamus or any other appropriate writ or direction declaring sub-section 3(a) (iii) of Section 114 of AP. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987) insofar as it prohibit possession, use or consumption of cigarettes including beedies and Chuttas as violative of Articles 14 and 19(1)(g) of the Constitution of India with a consequential direction to the second respondent not to interfere with the right of the petitioner and the other members of the first petitioner-association to carry on business or trade in selling cigarettes including beedies and Chuttas on Tirumala Hills.2. As the learned Counsel, who was originally on record for the petitioners, died and no one else put in appearance for the petitioners, notices were issued by the Court to all...

illuru Subbanna Vs. Gokulu Chinna Sanjeeva Rayudu

Court: Andhra Pradesh

Reported in: 1998(6)ALD636; 1998(6)ALT388

1. This appeal has beenpreferred against the Judgment and decree dated 8-6-1989 passed in AS No. 18 of 1988 on the file of the Sub-Court, Proddutur, reversing the Judgment and decree dated 23-11-1987 passed in OS No.20S of 1987 on the file of the Principal District Munsif, Proddutur.2. The appellant herein is the defendant and the respondent herein is the plaintiff in the said suit OS No.208 of 1987. For the sake of convenience, the parties are being referred to as they were arrayed in the suit.3. The respondent-plaintiff filed the said suit for recovery of a sum of Rs.8,277.60 being the principal and interest due on pronote dated 15-5-1984 said to have been executed by the defendant in favour of the plaintiff for Rs.6,000/- repayable with interest at 24 per cent per annum but claimed at 12 per cent per annum. The plaintiff's case is that on 15-5-1984 the defendant borrowed a sum of Rs .6,000/- from the plaintiff for his family expenses and executed the suit pronote in his favour at Ko...

L. Pramma (Died) by Lrs. and Others Vs. Kalakonda Shanker

Court: Andhra Pradesh

Reported in: 1998(6)ALD127; 1998(5)ALT646

1. The appeal is brought by the defendants against the judgment and decree of the V Additional Judge, City Civil Court, Hyderabad, in OS No.318 of 1981, dated 21-4-1986, decreeing the suit.2. The appeal arises in the following circumstances: The respondent-plaintiff was allotted the suit schedule house situate at West Maredpalli, Secunderabad, under A.P. Housing Board Low Income Group Scheme under hire purchase system. As the respondent was in need of money, he approached the 2nd appellant (D2) for advancing loan and the 2nd respondent agreed to lend money in the name of the 1st appellant, who is his widowed sister, on the security of the suit schedule house. Originally, an amount of Rs.1,000/- was advanced and an agreement of sale was obtained from the respondent on 9-10-1975 instead of a document of loan. It was stipulated in the document that a further sum of Rs.28,000/- would be advanced on giving vacant possession of the house, as security. Accordingly the 2nd appellant paid anoth...

Grandhi Venkata Chitti Abbai and Another

Court: Andhra Pradesh

Reported in: AIR1999AP91; 1998(5)ALT618; II(1999)DMC621

ORDER1. Assailing the order of the Senior Civil Judge, Rajam, dated 10-7-1998 made in unnumbered IA in GR No.707 (dated 23-6-1998) in OP No.8 of 1998 wherein the subordinate Court refused to advance the hearing of OP No.8 of 1998, filed under Section 13-B of the Hindu Marriage Act (for short, 'the Act') seeking divorce by mutual consent, from 28-12-1998 to 29-6-1998, the present revision petition is filed.2. The factual matrix of the case are that the second petitioner was given in marriage to the first petitioner about a decade back and she has also given birth to two daughters aged about 9 years and 7 years. As per the version of the second petitioner-wife, the first petitioner-husband was habituated for bad vices apart from developing grouse for giving birth to two female children and started harassing the second petitioner both mentally and physically. By 1995 no point of retrieval has taken place and serious differences have arisen and it has become impossible for her to live with...

K. Rajaiah Vs. State of Andhra Pradesh and Others

Court: Andhra Pradesh

Reported in: 1998(6)ALD500; 1998(6)ALT494

ORDERN.Y. Hanumanthappa, J.1. This Writ Petition is directed against the order of the 2nd respondent-Appellant Authority dated 10-10-1997 rejecting the appeal preferred by the petitioner, working as Technician Grade-I (Elect) in the Fertilizer Corporation of India Ltd., Ramagundam Unit, against the order dated 2-7-1997 passed the 4th respondent-Disciplinary Authority, removing him from service.2. The factual matrix of the case is that the petitioner was initially appointed as a casual mazdoor on daily wages with effect from 17-2-1973 in the Fertilizer Corporation of India Ltd. (for short 'the FCI') and subsequently he was appointed as mazdoor with effect from 15-12-1973 in the Electrical Department as a general category candidate. He was promoted as Helper Grade II with effect from 1-10-1975 and as helper Grade-I with effect from 1-10-1978. He belongs to 'Vanjara' (Vanjari) caste which is Backward Class Community at S.No.32 of Group 'D' category as per G.O.Ms.No.1793, Edn. dated 23-9-1...

K. Jagannadham Vs. J. Narasimha

Court: Andhra Pradesh

Reported in: 1998(6)ALD338A; 1998(6)ALT18

ORDER1. Aggrieved by the order of the Chief Judge, City Small Causes Court, Hyderabad, dated 25-7-1997 in RA No.3 of 1997 whercunder the appeal filed by the respondent herein under Section 12 of the A.P, Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short, 'the Act') was allowed and the order of the Rent Controller dated 4-12-1996 in Memo SR No.1589 of 1996 in IA No.153 of 1996 in RC No,284 of 1995 was set aside and the matter was remanded to proceed with the trial of the case and to dispose of the same in accordance with law, the present Revision petition is filed.2. The facts leading to the filing of this case are that the respondent has taken the suit schedule premises on lease on payment of Rs.450/- per month and committed default in payment of rent from February, 1995. In those circumstances, the landlord filed RC No.284 of 1995 seeking eviction of the tenant both on the grounds of willful default in payment of rent and personal occupation. During the pendency of the...

Mancham Venkateswara Rao Vs. Commercial Tax Officer and anr.

Court: Andhra Pradesh

Reported in: 1999(2)ALT92

ORDERS.V. Maruthi, J.1. This writ petition is filed for the issuance of a Writ of Mandamus declaring the action of the respondents in not refunding the amount of Rs. 25,000/- due to the petitioner pursuant to the orders of the Sales Tax Appellate Tribunal in T.A. No. 47 of 1992 dated 19-8-1993 as illegal and arbitrary and to direct the respondents to give effect to the order of the Sales Tax Appellate Tribunal by refunding the amount of Rs. 25,000/- due to the petitioner for the Assessment Year 1983-84 together with interest at the rate of 12 per cent per annum under Section 33-F of the Andhra Pradesh General Sales Tax Act (for short 'the Act').2. The petitioner challenged the levy of sales tax on fire wood on the ground that the sale effected by the petitioner is a 2nd sale and, therefore, exempt from sales tax. According to the petitioner, he purchased the firewood from the Forest Department, which has collected the sales tax, and he in turn sold it to M/s. A.P. Paper Mills. Since th...

G.S. Nataraja Chetty Vs. Branch Manager, Andhra Bank

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. This is a case where the appellant/complainant states that he paid Rs. 250/- in Ananthapur Branch of Canara Bank on 21.2.1995 for transmission to Chithor Branch of Canara Bank in Kerala State and for inexplicable reason that was not done by the Ananthapur Branch of the Canara Bank inspite of several approaches and requests made. As there was no movement on the part of the Ananthapur Branch of Canara Bank, the complainant finally approached the Ananthapur District Forum in February, 1996 and only thereafter the sum of Rs. 250/- was repaid to the complainant by way of demand draft dated 23.4.1996. Under those circumstances the complainant sought compensation and costs in O.P. No. 64/1996 filed before the Ananthapur District Forum. Unfortunately the District Forum mercilessly dismissed the complaint for default on the ground that the complainant was not present when the matter was taken up on 8.7.1997 for final hearing, observing as follows : Petitioner call...

Mir Khader Ali Vs. Quazi Mohd. Abdul Basith Qureshi and ors.

Court: Andhra Pradesh

Reported in: 1999(2)ALD570; 1999(3)ALT82

ORDERUmesh Chandra Banerjee,C.J.1. A short but interesting question of law falls for consideration in these appeals viz., whether the cost of Khazi is a hereditary post or not.2. Mulla in his treatise on Mohammaden Law stated that Mohammaden law does not regard the office of Khazi as hereditary. Claim to such right, though supported by custom, is not one that can be recognised by a civil Court. Similarly, is the decision of this Court in Citizens Welfare Organisation v, Govt. of A.P., 1989 (2) ALT 524, wherein in no uncertain terms it has been recorded that post of Khazi is not a hereditary one, and appointment to that post has to be made in pursuance of Section 2 of the Khazis Act, 1880.3. Mr. E. Manohar, appearing in support of the appeal contended that having due regard to the provisions of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, question of Khazi being otherwise nominated by the Government, and the post being not a hereditary one, does not and canno...

Madupuru Kesavulu Naidu (Died) by Lrs. Vs. Gottipati Narasimhulu Naidu ...

Court: Andhra Pradesh

Reported in: 1999(4)ALD52; 1999(1)ALT2

1. This appeal is directed against the judgment and decree dated 31-12-1988 passed in AS No.107 of 1980 on the file of the Additional Subordinate Judge, Chittoor, confirming the judgment and decree dated 24-3-1975 passed in OS No.75 of 1970 on the file of the Principal District Munsif, Chittoor.2. The appellants herein are the legal representatives of the original plaintiff and the respondents herein are the defendants in the said suit OS No.75 of 1970. The said suit was filed for declaration of the first plaintiffs title and for permanent injunction with respect to the suit property which consists of Ac. 10.56 cents in Paimaish No.42 situated in Pulicherlapalem village in Chandragiri taluq in Chittoor District. The second plaintiff is the son of the first plaintiff. The case of the plaintiffs is that the suit land originally belonged to the second defend ant- Karenna as he got it under ryotwari patta issued by the Government in BPRT No.277/57, dated 26-4-1957. The first plaintiff purc...