Andhra Pradesh Court September 1998 Judgments
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Jaladi Sita Rama Koteswara Rao and Others Vs. Govt. of Andhra Pradesh ...
Court: Andhra Pradesh
Decided on: Sep-08-1998
Reported in: 1998(6)ALD18
ORDER1. The petitioners filed the writ petition seeking a writ of mandamus directing the respondents to determine the compensation payable to the petitioners under the provisions of the Land Acquisition Act (for short 'the Act') and to pay the same to the petitioners for the lands acquired by the Government from the petitioners, under the -Act, for the benefit of A.P. State Electricity Board (for short 'the Board'), the 4th respondent herein.2. For the purpose of construction of a Sub-Station by the Board in Tenali, the Board requested the petitioners that their lands bearing TS Nos.211, 214 & 209, would be acquired and for that purpose the petitioners should give their consent to hand over the lands pending finalisation of the acquisition proceedings by the Revenue authorities. All the petitioners have given their consent to the Board, subject to certain conditions. Accordingly, on 22-10-1990 the lands of the petitioners were measured by the surveyor of the Board and the Board has tak...
Bethi Ramswamy and Another Vs. Madala Seetharamaiah
Court: Andhra Pradesh
Decided on: Sep-08-1998
Reported in: 1998(6)ALD520; 1998(6)ALT235
1. This appeal has been preferred under Section 100 of the Civil Procedure Code against the Judgment and decree dated 28-11-1988 passed in AS No.5 of 1987 on the file of the Subordinate Judge, Kothagudem, reversing the Judgment and decree dated 31-3-1987 passed in OS No.10of 1982 on the file of the District Munsif, Yellandu in Khammam District.2. The appellants herein arc the defendants and the respondent herein is the first plaintiff in the said suit OS No. 10 of 1982. For the sake of convenience, the parties as arrayed in the suit are referred to in this appeal. The respondent-first plaintiff and his mother as second plaintiff (now deceased) filed the said suit for redemption of usufructuary mortgage and possession of the suit property consisting of Ac. 1.33 guntas of wet land in S.No.19 of Garla village. The case of the plaintiffs is that they created an usufructuary mortgage in favour of the first defendant who is the husband of the second defendant with respect to the suit propert...
Sushrutha Educational Academy Society Vs. Rachel Chatterjee and Anothe ...
Court: Andhra Pradesh
Decided on: Sep-08-1998
Reported in: 1998(6)ALD178; 1998(5)ALT635; 1999CriLJ2730
ORDER1. The contempt case is filed alleging disobedience of the orders of this Court in Writ Petition No.4599 of 1998 dated 19-2-1998.2. In the writ petition it was the case of the petitioner that it made an application on 31-12-1996 to the Government of Andhra Pradesh for grant of Essentiality Certificate for establisliing a Dental College at Nalgonda. While its case was not considered and an application filed at later point of time by other persons were considered and permission was granted to establish a Dental College. Therefore, the petitioner filed Writ Petition No.4599 of 1998 seeking directions to the respondents to consider the application for grant of Essentiality Certificate. This Court by an order dated 19-2-1998 disposed of the writ petition with the following directions:'that the application of the petitioner dated 31-12-1996 for grant of Essentiality Certificate shall be considered in accordance with G.O.Ms. No.316, dated 22-6-1994 and appropriate orders should be passed...
Nandipati Sitayya and Co. Vs. Mannava Ramakotaiah
Court: Andhra Pradesh
Decided on: Sep-08-1998
Reported in: 1998(6)ALD358; 1998(6)ALT94
1. This appeal is directed against the judgment passed by the District Judge, Guntur in AS No.l 18 of 1978, dated 24-5-1980, whereby the appeal was partly allowed and the suit was decreed for the recovery of Rs.2,369.37 with future interest at the rate of 5-1/2% per annum.2. The facts of the case in brief are that : the appellant had filed a suit for recovery of Rs.5993.76 against the respondent alleging that from 20-4-1970, the defendant used to borrow money from time to tune from the appellant-plaintiff and used to make part-payments., He did not pay the amount of Rs.5993.76, therefore, the decree for Rs.5993.76 be passed against him with interest. The respondent denied the plaint allegations and pleaded that he used to supply chillies to the appellant against the advances which he used to take and after accounting the balance if any was to be paid to him. The appellant did not adjust the price of chillies supplied to him against the advances promising that it can be settled and adju...
Sona Exports Vs. the Director of Mines and Geology and Others
Court: Andhra Pradesh
Decided on: Sep-08-1998
Reported in: 1998(6)ALD494; 1998(6)ALT110
ORDERUmesh Chandra Banerjee, CJ 1. The field of legislation in respect of regulation of mines and minerals is available under Entry 54 of LIst-I of the Constitution, and the Parliament in accordance therewith did enactthe Mines and Minerals (Regulation andDevelopment) Act, 1957, being Act No.67 of 1957 (for short 'the Act') and in terms of Section 2 of the Act, it has been expressly declared that the Union should take under its control the regulation of mines and the development of minerals to the extent as provided in the Act. Normally, therefore, this field of regulation, subject to the provisions of the Act, stands covered by the Act.2. As regards the field being occupied by the Central Legislation viz., the Act of 1957, reference may be made to the decision of the Supreme Court in the case of Baijnath v. State of Bihar, : [1970]2SCR100 , wherein Hidayatullah, C.J., while dealing with the matter, has been pleased to observe as follows:'Although these supplementary arguments were rai...
Defence Colony Resident Welfare Association Vs. District Collector, Ra ...
Court: Andhra Pradesh
Decided on: Sep-07-1998
Reported in: 1998(5)ALD681; 1998(5)ALT556
ORDER1. The petitioner is 'Defence Colony Residents Welfare Association' claiming to be a registered Society and represented by its President one C.V.B.K. Murthy. The affidavit is absolutely silent as to under which law the Society is registered, nor any information about the membership, the activities, the aims and objectives of the Society are given in the affidavit.2. The writ petition purports to have been filed in public interest.3. In the year 1964, the Government allotted an extent of Ac.l 12.03 guntas in Survey No.218/1 of Malkajigiri Village, in the erstwhile Hyderabad Taluq in Hyderabad District to the Defence Personnel Co-operative Housing Society. It is alleged that subsequent to the said grant, a lay-out was sanctioned. The affidavit is absolutely silent as to when the lay-out was sanctioned and by which authority. It is further alleged in the affidavit: 'Most of these house sites have been alienated and nearly 70% of the area has now been developed as fully constructed ho...
Kathapalli Suryanarayana Vs. Bandikatla Anjaneyulu
Court: Andhra Pradesh
Decided on: Sep-07-1998
Reported in: 1998(6)ALD82; 1998(5)ALT613
1. This revision is filed by the petitioner in EA 638 of 1988 in OS 364 of 1982 on the file of the I Additional Munsif Magistrate, Guntur questioning the impugned orders dated 3-7-1989 dismissing the said petition which was filed under Sections 144 and 151 CPC seeking restitution of the suit property.2. The respondent herein, who is the plaintiff in OS 364 of 1982, had filed the said suit contending that the lease granted under a registered deed in his favour by the defendant is an usufructuary mortgage and therefore, he is entitled for redemption of mortgage and for recovery of possession and profits. During the pendency of the suit, plaintiff filed IA 1575 of 1983 for temporary injunction against the defendant pending disposal of the suit and the said petition was allowed granting such interim injunction. The defendant filed appeal against that order and the said appeal was dismissed. Subsequently, the suit was tried by the trial Court and it was dismissed. Thereupon, the plaintiff f...
Fibex Inc. Vs. A.B.K. Publications Ltd.
Court: Andhra Pradesh
Decided on: Sep-07-1998
Reported in: [1999]97CompCas947(AP); (1999)2CompLJ31(AP)
Krishna Saran Shrivastav, J. 1. This is an application under Sections 433(e), 434(1)(a) and 439(b) of the Indian Companies Act, 1956 (for short, 'the Act'), for winding up the respondent-company. 2. The admitted facts of the case are that on June 5, 1996, the respondent-company had placed an order for purchasing 2,000 mts. of newsprint. On June 11, 1996, the respondent-company had requested the petitioner to arrange supply of the goods on credit. The newsprint ordered to be purchased was to be supplied in three consignments namely 0094A for 750 mts., 0094B for 750 mts. and 0094C for 500 mts. The consignment 0094A for 750 mts. of newsprint was settled at US$ 530 per mts. amounting to US$ 397500 equivalent to Rs. 1.45 crores. Sanghi Polyesters had executed a deed of guarantee in favour of the petitioner-company. The ship carrying the consignment reached the Mumbai port on August 15, 1996. The consignment was delivered to the respondent-company from August 16, 1996, to August 26, 1996. Th...
G. Venkataramanaiah Vs. Sillakollu Venkateswarlu and Another
Court: Andhra Pradesh
Decided on: Sep-05-1998
Reported in: 1999(3)ALD719; 1998(2)ALD(Cri)689; 1999(2)ALT121; [1999]97CompCas13(AP)
ORDER1. A complaint under Section 138 of Negotiable Instruments Act read with Section 420 IPC is pending against the petitioner before the learned Additional District Munsif Magistrate, Kandukur. The complaint is sought to be quashed on various grounds, some of them refer to the tactual aspects of the matter which this Court will not entertain under the provisions of Section 482 Cr.PC. However, two legal grounds have been taken which will be considered by this Court presently.2. One of the ground taken is that the complaint has been filed beyond time. I have gone through the complaint. The cheque was allegedly issued on 6th March, 198, it was presented to the banker within six months and it was returned on 9-3-1998 with the endorsement that the accused had closed his account as early as on 4-9-1997. Notice was issued to the accused on 26th March, 1998 for making the payment. Payment was not made and the complaint was made on 8th may, 1998. Since the notice was given on 26th March, 1998...
J. Rajyalakshmi and ors. Vs. Land Aquisition Officer, Huda, Hyd.
Court: Andhra Pradesh
Decided on: Sep-04-1998
Reported in: 1998(5)ALD644; 1998(6)ALT140
ORDER1. Petitioners in these writ petitions have purchased certain extents of land in Survey Nos. 28/AA and 28/2 of Jillellaguda village, Hyderabad East Taluq, Rangareddy district under registered sale deeds executed between 18-2-1980 and 4-8-1981. The Land Acquisition Officer, HUDA, acquired an extent of Ac.43-02 cents situated in villages Behramulguda, Jillelaguda and Kharmanghat including these lands and Kharmanghat under a draft notification published on 24-12-1983. Although petitioners are registered owners, no notices were served on them. They are in possession of the land having raised some constructions. However, the Land Acquisition Officer passed an award No. 10 of 86 dated 23-9-1986 without reference to the petitioners' possession and compensation has been deposited in Civil Court in OP No.122 of 1987. In fact, petitioners made representations before the respondent on 10-2-1989 after coming to know about the acquisition proceedings and have sought for a fresh enquiry. The La...