Andhra Pradesh Court September 1998 Judgments

G. Hari Padma Vs. G. Sridhar and ors.

Court: Andhra Pradesh

Reported in: 1998(6)ALD17; 1998(6)ALT408

ORDERMotilal B. Naik, J 1. This is a writ petition filed under Article 226 of the Constitution of India for issuance of a writ of Habeas Corpus to direct the respondents to produce Vamsee Krishna, the son of the petitioner, aged 6 months, before this Court and to deliver the custody of the child to her. 2. At the threshold itself we have heard Smt. C Jayashree Sarathy, learned Counsel appearing on behalf of the petitioner. Learned Counsel tried to persuade us by contending that a writ of Habeas Corpus could still be entertained by this Court for causing production of the child before this Court and after due enquiry the Court can grant custody of the child to the petitioner keeping in view the paramount welfare of the child. In support of her submission she cited the decision of the Supreme Court in Veena Kapoor vs . Varinder Kumar Kapoor, : AIR1982SC792 . Relying on the principle laid down by the apex Court in the above decision, the learned Counsel contended that the respondents coul...

Superintendent, Prohibition and Excise, Bhimavaram, Eluru, W. G. Dist. ...

Court: Andhra Pradesh

Reported in: 1998(6)ALD204; 1998(5)ALT498

ORDERUmesh Chandra Benerjee, CJ. 1. The doctrine of judicial reviewability has a special significant in public law, particularly in the countries having a written constitution, since in common acceptation, the doctrine of judicial review works through the remedies of appeal and revision as prescribed by the prevalent procedural law. The Constitution is a legal instrument and this law is superior in status to the laws made by the Legislature. Dr. Basu in his Tagore Law Lectures very succinctly stated the broad features of the doctrine to the following effect:'Where the Constitution operates as a highcr law, any act which transgresses the mandates of that higher law becomes unconstitutional and since not only the Executive but the Legislature itself is limited by that higher law, as in the USA or in India, a legislative act, too, would be unconstitutional and invalid when it contravenes the Constitution. The peculiarity of judicial review in the Constitutional sphere is that this power i...

Aurobindo Pharma Limited Vs. State of A.P. and anr.

Court: Andhra Pradesh

Reported in: 1998(5)ALD647; 1998(5)ALT580

ORDER1. Heard Mr.Venkata Ramanaiah,the learned Advocate-General.2. The petitioner in the main writ petition obtained permission from the Municipal Corporation of Hyderabad for construction of ground floor and upper three floors vide permit No.38/44 on 23rd October, 1996 and constructed the building. As admitted, the petitioner constructed fourth and fifth floors without permission from the Municipality. He has filed the writ petition seeking a direction from this Court that the two floors which he has constructed without getting sanction from the concerned authorities should be regularised in terms of G.O. Ms. No.419, MA, dated 30th July, 1998, by which a scheme has been framed by the Government for regularisation of unathorised constructions made upto 30th June, 1998.3. The petitioner in the writ petition has not challenged the validity of G.O. Ms. No.419, MA, dated 30th July 1998. My learned brother Justice Bilal Nazki before whom the writ petition came up for admission held that,'No...

Ehsan Ahmed Khan Vs. Osmania University and Another

Court: Andhra Pradesh

Reported in: 1998(5)ALD702; 1998(6)ALT37

ORDER1. Heard the learned Counsel for the petitioner, the learned Standing Counselfor the University and the learned Standing Counsel for the Anti-Corruption Bureau.2. The petitioner voluntarily retired in the year 1995 from the services of the University. Thereafter some difficulty arose in paying the pension and pensionary benefits to him. Therefore, he filed this writ petition.3. Counter was filed by the University in which it was stated that there were some allegations against the petitioner and the matter has been referred to the Anti-Corruption Bureau to investigate. Therefore, the petitioner was not paid his gratuity however, he is being regularly paid his pension. After the counter was filed by the University, the respondent-University also moved an application praying that the Anti-Corruption Bureau be also arrayed as party. That application was allowed and the learned Standing Counsel for the Anti-Corruption Bureau also appeared today and he was heard. He submitted a copy of ...

New India Assurance Company Vs. Batta Laxmi and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. We do not find much merit in this appeal preferred by the second opposite party in O.P. No. 7/1996 questioning the order of the Medak District Forum at Sanga Reddy dated 28.6.1996 in that opposite party directing it to pay to the complainant a sum of Rs. 16,800, but for interest thereon @ 18% per annum from 26.6.1995, the date of death, till the date of payment. The complainant is the first respondent before us and the first opposite party before the District Forum is the second respondent before us. 2. Though notice was served on the appellant it did not choose to appear before the District Forum and file its version/counter. On the basis of the material on record the District Forum allowed the claim of the complainant holding that the record produced proved that the complainants husband Balamallu died in an accident. He had taken welfare endowment certificate on 7.5.1993 for Rs. 16,800/- face value from the second respondent before us i.e., Peerless Gen...

Razia Begum Vs. Circle Inspector of Police, Asifnagar Police Station, ...

Court: Andhra Pradesh

Reported in: 1998(5)ALD516

ORDERMotilal B. Naik, J.1. This writ of Habeas Corpus is filed before us seeking a direction to the respondents to produce the alleged detenu - Smt. Farahana Begum w/o Mohd Mahmood Khan, Aged: about 19 years; and consequently direct the respondents to set her at liberty forthwith and other orders in the circumstances of the case.2. Yesterday i.e., 2-9-1998, when the writ petition came up for consideration, on behalf of the petitioner, Mr. C. Padmanabha Reddy, learned senior Counsel, representing Mr. Muhammed Abdul Qadir, learned Counsel for the petitioner, contended that Smt.Farahana Begum is married to Mohd. Mahmood Khan in the month of May, 1998 as per the law of the community of both the parties and the marriage has been solemnized. The mother of the said Smt. Farahana Begum filed a complaint before the Station House Officer, Moghalpura Police Station alleging that her daughter has been kidnapped and also making further allegations and requiring the police to make enquiry, on which ...

Chief Secretary to Government of A.P., Gad and Others Vs. P.K. JaIn an ...

Court: Andhra Pradesh

Reported in: 1998(5)ALD722; 1998(2)ALD(Cri)629; 1998(5)ALT339

ORDERP. Venkatamama Reddi, J.1. This Writ Appeal is preferred by the Government and the City Police Commissioner against the judgment of the learned single Judge in Writ Petition No. 12428 of 1996. It was prayed therein that the action of the third respondent (third appellant herein) in seeking to sell stray animals in public auction on 1-7-1996 shall be declared as illegal and arbitrary and that a consequential direction should be issued not to dispose of the stray animals impounded by the Police. The writ petitioners claim to be the Organisations or individuals interested in the protection and well-being of animals. They have come forward to maintain the animals handed over to them. In other words, they do not want the cattle detained by the Police for causing obstruction to be auctioned when no one came forward to claim them. It is the unrebutted case of the respondent-Organisations that they are maintaining Goshalas/cattle pounds for the animals - cows, buffaloes and bulls. It is a...

New India Assurance Company Ltd. Vs. A. Raja

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. This appeal is preferred by the opposite party in O.P. No. 112/1996 questioning the order of the Adilabad District Forum in that O.P. dated 12.11.1996. The complainant in that O.P. is the respondent before us. 2. The case of the complainant was that his Miyubishi van of 1995 make was involved in an accident on 2.1.1996. At that time it was covered by a policy issued by the appellant which was in force for the period commencing from 11.9.1995 to 10.9.1996. This is not in dispute. The appellant immediately acted on the report of the accident given by the complainant and appointed a Surveyor Mr. S. Swaran Singh to give a preliminary report after inspection on the spot of the accident. He surveyed as evidenced by his Survey Fee Bill dated 4.1.1996 marked as Ex.B-4. Thereafter a second Surveyor of the appellant, Mr. K. Vedavyasulu surveyed and gave a detailed report dated 27.1.1996 marked as Ex.B-1 wherein he assessed the damage and the amount payable under th...

Giridharilal Chawla Vs. Corporation Bank

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. This appeal has been preferred by the complainant in O.P. No. 1345/1995 on the file of the Hyderabad District Forum questioning the dismissal of his complaint by order dated 13.10.1997 of that Forum. The opposite party in that O.P. i.e., Corporation Bank, M.G. Road Branch, Secunderabad, is the respondent before us. 2. The complainant took a small locker bearing No. 65 on hire basis from the respondent in January, 1977. According to him the initial rent of the locker was Rs. 15/- per annum and periodically it was enhanced to Rs. 100/- per annum and he paid the rent of Rs. 100/- on 31.12.1994 for the one year period from January, 1995 to the respondent. The respondent addressed letter dated 4.8.1995 demanding Rs. 735 / - towards arrears of rent for that locker. The complainant sought clarification by letter dated 31.8.1995. He received reply dated 4.9.1995 from the respondent stating that the rent of the locker had been enhanced with effect from 15.9.1994 a...

Tci Finance Limited Vs. Deputy Transport Commissioner, Vijayawada and ...

Court: Andhra Pradesh

Reported in: I(1999)ACC466; 1999(2)ALD260; 1999(1)ALT515

ORDER1. This writ petition is filed assailing the order of the 1 st respondent, dated 12-5-1998, refusing to register the hire-purchase agreement in the registration certificate in respect of vehicles bearing Nos. AP 16 W 838 and AP 16 W 848 which are registered in the names of 2nd and 3rd respondents.2. The petitioner is a financier. According to the averments in the petition, the petitioner has financed the 2nd and 3rd respondents for purchase of the above stated two vehicles in the year 1996. Thereafter, the vehicles are registered in the names of 2nd and 3rd respondents. However, it is the case of the petitioner that for sometime the 2nd and 3rd respondents have paid the installments under the hire-purchase agreement but subsequently they committed default and thereafter the vehicles arc seized by the petitioner inpursuance of the hire purchase agreement. After the seizure, the petitioner made an application to the 1st respondent to effect the entry relating to hire-purchase agreem...