Andhra Pradesh Court October 1999 Judgments
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Indian Bank, Madras Vs. N. Munisankar and Another
Court: Andhra Pradesh
Decided on: Oct-11-1999
Reported in: 2000(3)ALD701; 2000(2)ALT601
ORDERS.V. Maruthi, J.1. This is an appeal by Indian Bank against the judgment and decree of the Additional Subordinate Judge, Tirupati in OS No.264 of 1990.2. The suit is filed for recovery ofRs. 13,41295-20 Ps., being the principal and interest due on a pronote dated 22-11-1985 executed by the first defendant in favour of the plaintiff-Bank for a sum of Rs.3,00,000/-and for costs.3. The averments in brief are that the 1st defendant for purpose of doing business in real estate obtained overdraft facility in the Current Account of a sum ofRs.3,00,000/- and started availing the facility after executing a pronote on 22-11-1985. He agreed to pay interest at the rate of 7.5 per cent over the official rate of Reserve Bank of India with a minimum of 17.5% per annum with quarterly rests. The second defendant was the guarantor. On 31-3-1987 the first defendant renewed the demand promissory note for a sum of Rs.7,13,402-40 Ps. The first defendant deposited the title deeds of the immovable proper...
Y. Babji Vs. T. Khadgadera Rao and Others
Court: Andhra Pradesh
Decided on: Oct-10-1999
Reported in: 2000(1)ALD29; 2000(1)ALT1
ORDERM.S. Liberhan, CJ 1. The brief facts in order to dispose of this writ appeal run thus:The 1st respondent (hereinafter called as 'the petitioner') applied for grant of a pacca stage carriage permit as far back as in 1991. The said application was rejected by the Regional Transport Authority. The petitioner preferred an appeal before the State Transport Appellate Authority which was allowed and permit was granted vide order dated 9-4-1991. The Secretary, RTA vide memo dated 22-4-1991 directed the petitioner to produce the records of the vehicle to issue the permit under Rule 192 of the Andhra Pradesh Motor Vehicle Rules, 1989 (hereinafter called as 'the Rules'). It will be expedient to notice at this stage Rule 192 in verbatim which runs thus:'192. Issue of permits - Production of records :--(1) No permit shall be issued until the registration mark of the vehicle to which it relates has been entered (herein and the applicant has produced the registration certificate together withval...
Kesarapu Manikyalu Vs. Venna Perumallayya (Died) by Lrs. and Others
Court: Andhra Pradesh
Decided on: Oct-10-1999
Reported in: 2000(1)ALD32
1. This is an appeal preferred by the first defendant being aggrieved by the judgment and decree dated 15th December, 1984 passed by the Principal Subordinate Judge, Kakinada on his file AS No.103 of 1979. By the impugned judgment and decree the lower appellate Court set aside the judgment and decree of the I Additional District Munsif of Kakinada dated 12th December, 1978 passedon his file in OS No.175 of 1972 and consequently decreed the plaintiffs suit as prayed for by allowing the appeal.2. The learned Counsel appearing for the appellant-first defendant contended that the appellate Court has erred in raising presumption in favour of will dated 17-5-1944 filed in the suit at Ex.A2, under Section 90 of the Evidence Act. He further contended that unless one of the attesting witnesses is examined, the will could not be proved and in such a case no presumption can be raised under Section 90 of the Evidence Act and accordingly he submitted that the appellate Court has erred in decreeding...
Kanuru Basava Punnarao Vs. Puttagunta Nageswara Rao
Court: Andhra Pradesh
Decided on: Oct-08-1999
Reported in: 1999(6)ALD707; 1999(6)ALT398
ORDER1. Heard the learned Counsel on both sides.2. These three Transfer CMPs., can be disposed of by a common order since a common question arises for decision. The petitioner herein is the sole defendant in OS Nos. 17, 18 and 19 of 1995 on the file of the Principal Senior Civil Judge, Tenali. The said suits are filed by different plaintiffs for recovery of money on the foot of promissory notes alleged to have been executed by the defendant in their favour. The defence in all the suits is that the suit promissory notes are not true and they are not supported by consideration and they have been brought into existence by one Ch. Vivekananda on account of certain disputes between him and the defendant and that the said Vivekananda engineered andgot filed all the suits through his own nominees. It is also stated that six more similar suits were got filed by the said Vivekananda through his nominees in different Courts at Vijayawada in Krishna district and all those six suits were already t...
Gunda Jagan Mohan Rao and Another Vs. Kanneti Krishnaiah and Another
Court: Andhra Pradesh
Decided on: Oct-08-1999
Reported in: 1999(6)ALD757; 2000(2)ALT407
ORDER1. The revision is directed against an order declining to entertain the petition filed under Section 5 of the Limitation Act seeking condonation of delay of 183 days in filing a petition to set aside the order of dismissal for default passed in EA No.94 of 1996 in EP No.9 of 1996.2. The contention of the learned Counsel for the petitioner is that he filed EA No.94 of 1996 under Order 21, Rule 58 CPC making claim over the EP schedule property i.e., Ac.2.00 in S. No.554 and house-site measuring 0.4 guntas in S No.765/AA in Mellacheruvu and questioning the attachment of the property obtained by the 1st respondent herein on the ground that the schedule property is the self acquired property of their late father who bequethed the house-site in favour of the petitioner by executing a registered sale deed dated 16-6-1989 and after the death of father the 1st petitioner became the absolute owner and possessor of the house-site and both the petitioners are in joint possession of 1/3rd of I...
Pallakonda Venkateshwarlu Vs. Convenor, HCACET Admissions-1999, Osmani ...
Court: Andhra Pradesh
Decided on: Oct-08-1999
Reported in: 2000(3)ALT483
ORDERB.S.A. Swamy, J.1. The petitioner claiming to be a Scheduled Tribe student filed this writ petition questioning the action of the respondent - University in not giving him admission in M.C.A. course for the academic year 1999-2000 though he secured high rank among the Scheduled Tribe students who appeared for the entrance test solely on the ground that on the date when he was called for counselling he did not produce the marks memo of the qualifying examination.2. The respondent - University filed a counter stating that the entrance test for admission to M.C.A. course was held on 27-5-1999 and results were declared in June, 1999 and counselling was closed in September, 1999. As far as the petitioner is concerned, though he appeared for the entrance test he has written the examination in B.A., only in August, 1999 under distant education programme from Kakatiya University and as the petitioner has not even appeared for the qualifying examination on the day when the entrance test wa...
Someswara Cements and Chemicals Ltd. Vs. Power Mak Industries and anr.
Court: Andhra Pradesh
Decided on: Oct-08-1999
Reported in: (2000)ICompLJ173(AP)
ORDERP. Venkatarama Reddi, J.1. O.S. Appeal No. 45 of 1999 is filed against the order of the learned Single Judge, dated 6.8.1998 winding up the appellant company. The other appeal, viz., OSA 41 of 1999 is filed against the order of the learned Single Judge, dated 30.7.1999 refusing to set aside the order of winding up which was passed ex parte. The respondent herein who is an unsecured creditor filed Company Petition No. 18 of 1998, Power Max Industries v. Someswara Cements and Chemicals Ltd. (1999) 4 Comp LJ 349 (AP)., seeking an order to wind up the company on the ground of failure of the appellant company to discharge the debt due to the first respondent. Before the learned Single Judge, there was no contest from the respondent (appellant company). It appears that during the pendency of the winding up petition, there was change in the management of the company. The present managing director by name, Mr. Venkataratnam, has filed these appeals after the permission was granted to him ...
Raasi Cement Limited in Re
Court: Andhra Pradesh
Decided on: Oct-07-1999
Reported in: 2000(1)ALD65
1. This is an application under Section 391 read with Section 394 of the Indian Companies Act, 1956 for approving the scheme of arrangement through which the cement division of the petitioner company namely M/s. Raasi Cement Limited (for short, 'RCL') is proposed to be transferred and merged with M/s. India Cements Limited (for short, 'ICL') which is holding along with its subsidiaries and associates more than ninety per cent of the share capital of RCL as also for reduction of the share capital.2. The authorised capital of RCL is 25,000 11 per cent cumulative redeemable preference shares of Rs.100/- each and 1,80,00,000 equity shares of Rs.10/- each, that is to say total Rs.1825 lakhs. The issued, subscribed and paid up capital is 1,65,42,774 equity shares of Rs.10/- each less call in arrears of Rs.0.05 lakhs, that is total Rs. 1654.23 lakhs.3. RCL has been incorporated on 15-4-1978. The object of RCL has been more particularly set up in its memorandum of association. The main object ...
V.V. Yogananda Rao Vs. Additional Industrial Tribunal-cum-additional L ...
Court: Andhra Pradesh
Decided on: Oct-07-1999
Reported in: 2000(4)ALD347; 1999(6)ALT221; [2000(86)FLR697]
ORDER1. The petitioner who worked as a Works Inspector in A.P. Construction Corporation was retrenched on 5-12-1979 and on raising an industrial dispute by him the Industrial Tribunal in ID No.31/82 directed the A.P. Construction Corporation to reinstate him to service with continuity of service apart from back wages and other attendant benefits from the date of retrenchment by its award dated 7-12-1984. Questioning the said award, the Corporation seemed to have filed WP No.4620 of 1985 which was ultimately dismissed on 15-9-1989. When the award is not being implemented, the petitioner seemed to have filed EP No.5 of 1993. The Tribunal directed the successor in interest i.e., 3rd respondent herein to pay the back wages and also to reinstate the petitioner to duty. But, without reinstating the petitioner to duly, the 3rd respondent seemed to have paid arrears from 5-12-1979 to 31-12-1993 in the time scale of pay attached to the post in which he was working prior to retrenchment. Subsequ...
V. Sabitha Vs. Apsrtc, Hyderabad
Court: Andhra Pradesh
Decided on: Oct-07-1999
Reported in: 1999(6)ALD429
1. Heard the learned Counsel on both sides.2. This CMA arises out of an application filed by the appellant, plaintiff in the suit, seeking a temporary injunction restraining the respondent and their subordinates from interfering with her peaceful possession of the suit schedule premises i.e., the pop-corn stall being run by her at Imliban bus-stand, Gowliguda, Hyderabad, pending disposal of the suit filed for permanent injunction.3. The appellant was granted a licence by the respondent-corporation to run a popcorn stall in the bus-stand for a period of four years commencing from 9-10-1995 to 8-10-1999 on a fee of Rs.13,600/- per' mensem. Alleging that even before the expiry of the said licence granted to her and without considering her request for the grant of a renewal, the officials of the respondent started to interfere with her lawful possession and enjoyment of the said stall on 20-7-1999 without issuing any prior notice, the appellant filed the suit seeking permanent injunction a...
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