Andhra Pradesh Court October 1999 Judgments

Ramgopal Commercial Corporation Vs. Gandubilli Venkata Ramana Murthy a ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD615; 2000(1)ALT769

1. The unsuccessful plaintiff is the appellant. The suit OS No.30 of 1984 on the file of the Principal Subordinate Judge, Kakinada, has been filed by the plaintiff-M/s. Ramgopal Commercial Corporation for recovery of a sum of Rs.15,148-32 from the defendants.2. For the sake of convenience the parties to this appeal would be referred to as per their status in the suit.3. The averments in the plaint, in brief, are as follows : The plaintiff is a registered firm carrying on business in chit fund transaction. The 1st defendant has joined in one such chit fund transaction for Rs. 10,000-00. The 1st defendant participated in the auction held on 10-6-1980 and was declared as the highest bidder. In view of his successful bidding he signed all the necessary documents and books of the plaintiff and also executed an agreement undertaking to pay future instalments @ Rs.200-00 p.m. The 1st defendant also executed a promissory note in favour of the plaintiff along with defendants 2 and 3, who stood ...

Sudarsanam Venkatacharyulu and Others Vs. Government of Andhra Pradesh ...

Court: Andhra Pradesh

Reported in: 2000(3)ALD299; 2000(1)ALT346

ORDER1. This writ petition is filed questioning the action of the second respondent in informing the public by beating of tom-tom on 4-6-1999 that the lands belonging to the petitioners-Archakas of Sri Lakshminarayanaswamy Vari Temple, Kunduru village in Sy.No.130 were taken over by the Village Assistant, and tresspassers will be punished and to declare the same as illegal, without jurisdiction and invalid and sought for such other order or orders to meet the ends of justice.2. This case is having previous history. Initially the second respondent with a view to provide house-sites to weaker sections acquired Ac.8.43 cents of land in Sy.Nos.130/2 and 130/4 of Kunduru village, Kotipalli Gangavaram Mandal, East Godavari District including an extent of Ac.3.56 cents of land which is being enjoyed by the petitioners-Archakas as remuneration for the services rendered to the deity by issuance of draft notification under Section 4(1) of the Land Acquisition Act (for short 'the Act') on 21-2-19...

V. Adinarayana and anr. Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2000(1)ALD(Cri)59; 2000CriLJ1182

ORDERK.B. Siddappa, J. 1. A-1 is the husband of A-2. They were found guilty of the offence punishable under Section 306 r/w. Section 109, I.P.C. and each one is sentenced to undergo R.I. for five years and to pay a fine of Rupees 500/- each, in default to suffer R.I. for two months each under two counts. The sentences were directed to run concurrently under the two counts.Hence, the Revision.2. The petitioners/accused reside in the opposite direction of the house of PW-7 who was working as a Primary School Headmaster. The deceased Lakshmikanthamma and Krishnaveni are the wife and daughter of PW-7. The case of the prosecution is that there used to be quarrels between the two families at public tap for getting water. The marriage of the daughter of PW-7 i.e., the deceased Krishnaveni was fixed on 8-11 -1991. The petitioners/accused were threatening and abusing Smt. Lakshmikantharnma and Krishnaveni that they will reveal the illicit contacts of Krishnaveni to her would be husband. Therefo...

S. Basha Vs. D.B. Indiramma

Court: Andhra Pradesh

Reported in: 2000(1)ALD551

1. This is a revision filed by the tenant questioning the concurrentorders of eviction passed against him by the two Courts below under the provisions of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960.2. The respondent/landlady filed the petition for eviction on the sole ground that she bonafide requires the suit premises for her own occupation i.e., for the purpose of opening a fancy store by her unemployed son. The petition was resisted by the tenant contending that the alleged requirement was neither true nor bonafide and that the petition for eviction was filed as a counter-blast to the suit filed by him against the landlady and her children for recovery of possession of a portion of the property which was sold by them earlier to him under the sale deed dated 8-11-1979. The Rent Controller as well as the Appellate Authority upheld the plea of bona fide requirement and ordered eviction.3. The undisputed facts of the case are that the suit premises, which i...

Donthi Narasimha Reddy Vs. District Collector and Another

Court: Andhra Pradesh

Reported in: 2000(2)ALD446; 2000(4)ALT486

ORDERM.S. Liberhan, CJ.1. In this writpetition, filed under Article 226 of the Constitution of India, as Public Interest Litigation, the petitioner seeks a writ of mandamus to the respondents to forthwith stop execution of Musi River Belt Project, also called as 'Nandanavanam Project' undertaken by the respondents for cleaning and de-polluting the Musi river.2. There is no dispute that the project in question was undertaken for a public purpose, namely, de-polluting the Musi river, to eradicate mosquito menance in the twin cities of Hyderabad and Secunderabad, to make the entire river belt as lungs space for the citizens of Hyderabad etc. Though the petitioner has no serious objectionregarding the implementation of the project, but, he objects in regard to the manner in which it is sought to be executed, inter alia, on the grounds that (1) the project includes laying of roads, linking of highway roads, construction of parks, shopping complex and other recreational facilities abutting t...

Senior Accounts Officer (Tr), Office of General Manager, Telecom. Vs. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. We heard the learned Counsels on both sides. We do not find that this appeal ought to have been filed by the opposite party in CD No. 81/1998 questioning the order of the West Godavari District Forum therein dated 16.6.1999 directing restoration of the two telephones of the complainant, which were disconnected because the complainants son did not pay the dues payable in respect of S.T.D.P.T. in his name, and imposing very nominal damages of Rs. 1,000/- and costs of Rs. 500/- even though the two telephones were under disconnection from August and September, 1998 i.e. for nearly nine to ten months. The complainant is the respondent before us. Fortunately, he did not prefer any appeal for enhancement of the compensation. 2. Counsel for the appellant does not dispute that the telephones bearing Nos. 73917 and 73391 belong to the respondent and that he does not have anything to do with the S.T.D.P.T. No. 5077 taken by his son, the defaulter. The case of the ap...

Divisional Manager, Apsrtc, Rajahmundry Vs. Ch. Nagamani and Others

Court: Andhra Pradesh

Reported in: 2000(1)ALD37

ORDER1. The first respondent, an intending operator, submitted two applications to the third respondent seeking permits in respect of the route Mandapeta to Anaparthi. The applications were made by the first respondent treating them as applications for town service route.2. The applications were considered by the 3rd respondent, which by its order dated 18-9-1995 rejected both the applications. The reasons given by the 3rd respondent for the said rejections are:(a) That the approved scheme of the Andhra Pradesh State Road Transport Corporation in G.O.Ms.No.580 of 1978, dated 30-12-1978 exempts from its operation only stage carriage permits in respect of town services complying with the provisions of Rule 258(2)(ii) of the Andhra Pradesh Motor Vehicles Rules, 1989 (for short 'the Rules'). (b) That Mandapeta Bridge is not a convenient point for starting of buses ascertified by the Municipal and Police authorities and the bridge is also away from the town and not a traffic generating poin...

M/S. Rajani Chit Fund Pvt. Ltd. Vs. B. Shankaraiah

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. The respondent/complainant already preferred P.P. No. 14/1999 for enforcement of the order of the Warangal District Forum in CD No. 17/1996 dated 12.4.1999. On 5.10.1999 the Warangal District Forum allowed that P.P. and sentenced the Managing Director of the respondent therein i.e., Mr. Ch. Saraiah, to imprisonment for a term of six months and also imposed on him a fine of Rs. 5,000/- and in default of payment of fine sentenced him to suffer imprisonment of three more months. Pursuant to the said order Mr. Ch. Saraiah was imprisoned. He questioned the said order before us in R.P. No. 147/1999. Pending the said R.P. he also filed R.P.I.A. No. 1408/1999. On 7.10.1999 when this R.P. and R.P.I.A. came up before us we directed as follows : The order of the Warangal District Forum in P.P. No. 14/1999 dated 5.10.1999 to the extent it has imposed the sentence of imprisonment on the Managing Director of M/s. Rajani Chit Fund Pvt. Ltd., Mr. Ch. Saraiah, shall stand...

Sarran Industries (Cotton Seed Oil Industry) Vs. Govt. of A.P. and Oth ...

Court: Andhra Pradesh

Reported in: 1999(6)ALD486

ORDERP. Venkatarama Reddi, J.1. The petitioners are all small scaleindustrialists who have set up Cotton Seed Oil Industries with or without refineries in Adilabad district. They took steps to get their industries registered during and after 1990 and went into commercial production before 31-3-1995. They question the withdrawal or non-sanction of incentives declared by the State Government including the Sales Tax holiday and the provisions ofA.P. Act 18 of 1996 in so far as they interfere with their right to claim incentives.Facts and History:The State Government issued G.O. 498, (Industries and Commerce) dated 16-10-1989 announcing a package of incentives for new industries depending on the nature, description and location of the industry. In the case of small scale industries, the G.O. conferred the benefit of sales tax holiday subject to a ceiling of Rs.35 lakhs to be availed during a period of 5 years from the date of commencement of production. This was in addition to investment s...

Central Warehousing Corporation, Hyd. Vs. Andhra Roller Flour Mills, H ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD115; 2000(2)ALT397

1. This appeal was filed against the order of the I Additional Judge, City Civil Court, Hyderabad dated 6th July, 1994 in IA No.343 of 1994 in OSNo.48 of 1992 wherein the appellant has filed the above IA under Section 34 of Arbitration Act, 1940 (for short 'The Act') praying the Court to stay all further proceedings in OS No.48 of 1992.2, The facts of the case are that the appellant has taken on lease two godowns belonging to the respondent initially for a period of eleven months from 1-9-1982. As per the agreement of lease dated 30-10-1982 wherein Clause 3 of the said agreement of lease stipulates that the lease shall be renewed for the same period on the same terms and conditions at the option of lessee at the end of term and so on from time to time. Thereafter, at the end of each successive terms, this option should have deemed to be exercised and the lease shall be deemed to have been automatically renewed if the lessee continues in possession of the demised premises on the expiry ...