Andhra Pradesh Court November 1999 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Thota Srinivasa Rao Vs. State Transport Appellate Tribunal and Others
Court: Andhra Pradesh
Decided on: Nov-30-1999
Reported in: 2000(2)ALD436; 2000(1)ALT458
ORDERM.S. Liberhan, C.J. 1. These two writ appeals arise out of a common order of the learned single Judge, and as such, they are disposed of conjointly by thisjudgement.2. The factual skeletal matrix that is not in dispute and necessary to dispose of these appeals is as follows:The appellant originally was granted a permit to ply his bus on the Town Service Route - Tanuku Womens' College to Tanuku Womens College via Old Bus stand and Velpur (known as circular route). The appellant filed an application before the Regional Transport Authority, West Godavari, seeking variation of the said route by curtailing 6.6 kms., from Old Bus Stand to Velpur and extending it upto 9.5 kms., from Velpur to Attili via Relangi. The totallength of the route after curtailment and extension is 17.8 kms., whereas in the original permit, the length of the entire route is only 15.4 kms. The Regional Transport Authority declined to grant the variation. Against that, the appellant took the matter in appeal befo...
Setty Balija Panduranga Rao and ors. Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Nov-30-1999
Reported in: 2000(1)ALD(Cri)161; 2000(1)ALT(Cri)138; 2000CriLJ5029
Motilal B. Naik, J.1. This Criminal Appeal is preferred by the accused 1 to 5 and 7 to 10 in Sessions case No. 53 of 1997 on the file of the Principal Sessions Judge, Kurnool.2. The appellants-accused 1 to 5 and 7 to 10 along with A. 6 were originally tried for the following offences 1. A.1 to A.10 under Section 148, IPC.2. A. 1 under Sections 3 and 5 of the Explosive Substances Act.3. A.1 to A. 10 under Section 302, IPC or alternatively under Sections 302 r/w 149, IPC.However, during the pendency of the trial A. 6 died and hence the case against him stood abated.3. A.1 was found guilty Under Section 302, IPC and sentenced to suffer imprisonment for life and to pay a fine of Rs. 100/-. He was also found guilty of offence punishable under Sections 3 and 5 of the Explosive Substances Act and was convicted and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- in default to suffer simple imprisonment for one year under Section 3 of the Act but no sep...
Vavillapalli Chandra Naidu Vs. Board of Directors of Chilakalapalli Pr ...
Court: Andhra Pradesh
Decided on: Nov-30-1999
Reported in: 2000(1)ALT62
ORDERA. Gopal Reddy, J.1. This revision petition is directed against the order dated 07-08-1996 passed by the learned Subordinate Judge. Bobbili in unnumbered C.M.A. of 1996, wherein he confirmed the order dated 25-07-1996 passed by the learned Principal District Munsiff, Bobbili returning the plaint in unnumbered suit of 1996.2. The petitioner herein is the paid Secretary of Chilakalapalli Primary Agricultural Co-operative Society, and he was suspended by order dated 16-04-1996 pursuant to the resolution passed by the Board of Directors of the society-first respondent. It is stated that a show cause notice dated 09-04-1996 was issued to the petitioner calling upon the explanation within ten days as to why disciplinary action shall not be initiated against him. Petitioner has submitted his explanation on 18-04-1996. Meanwhile the Board of Directors passed a resolution on 16-04-1996 suspending him with immediate effect. The said order was served on the petitioner on 18-04-1996. Question...
Durga Pharma Distributors and Another Vs. Geoffrey Manners and Co. Ltd ...
Court: Andhra Pradesh
Decided on: Nov-29-1999
Reported in: 2000(1)ALD312; 2000(1)ALT221
1. The question, which arises for consideration in this CRP relates to the Court fees payable by the defendant in the suit in respect of adjustment/set off/counter-claim pleaded in the written statement. Indisputably if the claim made by the defendant in the written statement merely amounts to a plea of payment or adjustment of the suit claim, no Court fees is payable. On the other hand, if it amounts to a set offer a counter-claim, Court fees is required to be paid in view of Section 8 of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956 which provides that the written statement pleading a set off or counter-claim shall be chargeable with fee in the same manner as a plaint. - For a proper appreciation of the question involved, it is necessary to refer to the factual matrix.2. The plaintiff/company appointed the defendant/firm as its consignment agent by agreement dated 5-1-1990 for distribution and sale of its products in the State of Andhra Pradesh. By a notice dated 30-11-...
Andhra Pradesh Paper Mills Ltd., Rajahmundry Vs. Union of India and Ot ...
Court: Andhra Pradesh
Decided on: Nov-29-1999
Reported in: 2000(3)ALD644; 2000(1)ALT344; 2000(69)ECC604; 2000(120)ELT297(AP)
ORDERP. Venkatarama Reddi, J.1. The petitioner seeks refund of Central Excise duty of Rs.36,93,564/- said to have been paid in excess for the period 9-11-1982 to 7-11-1985 in respect of poster paper manufactured by the petitioner. By a letter dated 18-6-1986 addressed to the third respondent, the petitioner sought for refund under Section 11-B of the Central Excise and Salt Act on the ground of mistaken payment. Such refund claim related to the period 9-5-1985 to 7-11-1985. The amount specified therein is Rs.5,82,844/-. This was preceded by 3 letter dated 8-11-1985 addressed to the third respondent in which the petitioner stated that they will be submitting the refund claim for the excess duty paid by mistake on poster paper under Section 11-B of the Central Excise and Salt Act. It was also stated therein that they 'will be paying' on poster paper under protest as per the approved classification list till the revised list filed by them was approved and that it may be treated as protest...
Vijaya Bank and ors. Vs. Jasti Obaiah and ors.
Court: Andhra Pradesh
Decided on: Nov-29-1999
Reported in: 2000(1)ALT550
B. Prakash Rao, J.1. In all these matters, the claim is made by the Banks, seeking recovery of the loans advanced on the basis of the security created by way of mortgage. The common question involved is the scaling down of interest under Act 4 of 1938 in view of the amendment to Section 21-A of the Banking Regulation Act. 2. I have already considered this question in a batch of cases reported in Union Bank of India v. Koduri Veera Raghavayya, : 1999(5)ALD234 and held that the interest charged in pursuance of mortgage transactions is valid and the amendment to Section 21-A of the Banking Regulation Act applies to all transactions after the amendment coming into force and also to the suits pending or the appeals challenging the decrees and accordingly the interest in respect of agricultural transactions has to be calculated only on the basis of yearly rests and not on quarterly or half yearly rests and where as in commercial transactions, charging of interest with quarterly or any such l...
Jyothi Junior College, Vijayawada Vs. State of Andhra Pradesh and Othe ...
Court: Andhra Pradesh
Decided on: Nov-26-1999
Reported in: 2000(2)ALD89; 2000(2)ALT23
ORDER1. All these matters involve common questions of fact and law to be decided by this Court. At the interlocutorystage, all the learned Counsel submitted that the matters be taken up and disposed of finally. Hence, all the matters are being disposed of by this common order.2. WP No.14749 of 1999 is filed by Jyothi Junior College represented by its President and Correspondent questioning the order issued by the first respondent in G.O. Rt. No.642 - Education (CE.III) Department, dated 22-4-1999 ('the impugned G.O. for brevity'). WPNo.19911 of 1999 is filed by the Staff Association of the said Junior College praying that they be paid salaries for the months for which salaries were not paid.3. By the impugned G.O., the Government directed that Jyothi Junior College be closed by duly shifting the teaching and non-teaching staff to other needy colleges in the State and also transferring all the students in the Junior College to any other Junior College in Vijayawada. By the same impugned...
Andhavarapu Kamaraju Vs. Thammineni Seetharam and Others
Court: Andhra Pradesh
Decided on: Nov-26-1999
Reported in: II(2000)ACC654; I(2001)ACC473; 2001ACJ787; 2000(2)ALD310; 2000(2)ALT503
ORDER1. Civil Miscellaneous Appeals 1528, 1581, 1529 and 1538 of 1997 were tiled by the owner of the vehicle bearing No. APS 4237, the second respondent in the original petitions, bearing Nos. 194, 161, 246 and 28 of 1991 respectively, involved in the accident, assailing the finding of the learned Chairman (Additional District Judge), Motor Accident Claims Tribunal, Srikakulam, fastening the liability of the decreetal amount, excluding a sum of Rs.25,000/- from the total compensation awarded by the Tribunal, ordered to be paid by the insurer - the appellant in Civil Miscellaneous Appeal Nos. 1922, 2267, 1529 and 1974 of 1997 respectively under Section 140 of the Motor Vehicles Act, for the ultimately death of the deceased persons, in a motor vehicle accident which was occurred on 8-12-1990 at about 3.30 p.m., when the deceased and others who were students, boarded the said lorry. The deceased persons travelled in the said lorry to attend to the meeting at Visakhapatnam. After attending...
Padmati Sangamma (Died) by Lr and Another Vs. Manamma and Others
Court: Andhra Pradesh
Decided on: Nov-25-1999
Reported in: 2000(1)ALD290; 2000(1)ALT218
ORDER1. The CMA is preferred against the order made by the Subordinate Judge in OP No.135 of 1991 dated 21-2-1994 dismissing the application filed under Order 33, Rule 1 seeking permission to sue as an indigent person. The brief facts of the case are as follows:The petitioners/plaintiffs have filed a suit for declaration that the petitioner No.1 asowner of the C-schedule property and for recovery of possession in Survey 127/A to an extent of 3.34 guntas in Survey No.181/A to an extent of Ac. 16.12 guntas. The cause of action arose to file the suit on 8-6-1991 when taking advantage of the illness of petitioner No. 1 the defendant affected mutations in their names and illegally obtained possession with regard to the C-schedule property though the property is originally in the name of petitioner No,1. The learned Judge has conducted regular enquiry under Order 33, Rule 1 of CPC into the means of the petitioner so as to decide the controversy in question. Originally the suit was instituted...
Sirpur Paper Mills Ltd., Kagaznagar, Adilabad Dist. Vs. Chairman, Indu ...
Court: Andhra Pradesh
Decided on: Nov-25-1999
Reported in: 2000(1)ALD336; [2000(84)FLR686]
ORDER1. This writ petition by Sirpur Paper Mills Limited raises an important question of law in the field of Industrial/ Labour jurisprudence. The question is as to the scope of Section 17-B of the Industrial Disputes Act, 1947 ('the Act' for brevity) with reference to an award which has been affirmed by the High Court in a proceedings under Article 226 of the Constitution challenging such an award.2. In the present case, the petitioner is challenging an order passed by the Industrial Tribunal dated 18-1-1995 in Execution Petition No.5 of 1993 in ID 284 of 1986. The facts insofar as they relate to the controversy that arise in this case are not disputed. These undisputed facts are as follows:The 2nd respondent while he was working as a Foreman was removed from service on some charges with effect from 26-5-1982. He raised an industrial dispute. The Government vide G.O. Rt. No.252 dated 2-2-1985 referred the industrial dispute to the 1st respondent. In the said dispute, being ID 284 of 1...
- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »