Andhra Pradesh Court November 1999 Judgments

K. Ravi and Others Vs. Chairman, A.P. Social Welfare Residential Educa ...

Court: Andhra Pradesh

Reported in: 1999(6)ALD847; 1999(6)ALT540

ORDER1. The petitioners seven in number who are working as Trained Graduate Teachers in various subjects in the schools run by the respondent-Society filed this writ petition seeking a writ of mandamus directing the respondent-Society to consider their claims for appointment as Post-Graduate Teachers by promotions (for short 'Cross Promotions') in the subjects other than the subjects they are appointed by virtue of the rules governing the appointment.2. In fact, the issue is squarely covered by a judgment of this Court. But, both the counsel for the respondent-Society Sri Chandraiah and his junior Mr. Chandraiah stoutly opposed the relief sought for by the petitioners by contending that the Society has given cross promotionsdue to some exigencies in the administration till the year 1994 and thereafter they prepared seniority list subject-wise and the claims of no candidate as Post-Graduate Teacher in a subject other than the subject in which he was appointed, were considered. It is als...

Sree Kanakadurga Education Society, Vijayawada Vs. Commissioner of Pol ...

Court: Andhra Pradesh

Reported in: 1999(6)ALD812; 2000(1)ALT(Cri)52

ORDER1. The relief sought for in this writ petition is to issue an order, direction or a writ more particularly one in the nature of mandamus directing the respondents 1 to 3 i.e., the Commissioner of Police, Vijayawada Urban, Sub-Inspector of Police, 8th Town, Autonagar, Vijayawada and the Executive Magistrate-Mandal Revenue Officer, Vijayawada, to take appropriate action against the respondents 4 to 6 viz., K. Siva Raghavendra Prasad, 45 years, K. Siva Viihal Kumar, 40 years and K. Srinivasa Rao, 35 years, all are sons of Poornachandra Rao; after declaring the inaction of the respondents 1 to 3 as illegal, unjust, arbitrary and violative of Articles 14 and 21 of Constitution of India.2. The brief facts of the case are that the petitioner Sree Kanakadurga Educational Society, represented by its Correspondent, P. Kanakadurga Prasad s/o Ramaswamy, established two colleges by name SGL Degree College and P.R.S.M. National Junior College in the year 1981 and 1982 respectively. The present ...

C.N. Setty Vs. Hillock Hotels (P.) Ltd. and ors.

Court: Andhra Pradesh

Reported in: [2000]37CLA263(AP); [2001]104CompCas722(AP); (2000)1CompLJ181(AP)

P. Venkatarama Reddi, J.1. O. S. A. No. 40 of 1999 is filed by the respondents in Company Petition No. 27 of 1988 (reported as C.N. Shetty v. Hillock Hotels Pvt. Ltd. [1996J 87 Comp Cas 1 (AP)) and O. S. A. No. 5 of 1996 is filed by the petitioner in the company petition. The respondents in the company petition (appellants in O. S. A. No. 40 of 1999) are aggrieved by the finding's of the learned judge that there was oppressive conduct on the part of the second respondent and his group of shareholders. 2. The petitioner in the company petition (appellant in O. S. A. No. 5 of 1996) hereinafter referred to as 'the petitioner', is aggrieved by the quantum of relief granted by the learned single judge while allowing the company petition. It is the contention of the appellant in O. S. A. No. 5 of 1996 that the value of the shares which the respondents were called upon to pay to the appellant was very much on the low side and that option should have been given to the petitioner-appellant to b...

Southern Road Carriers Ltd. Vs. Atul Kumar Agarwal

Court: Andhra Pradesh

Reported in: 2000(1)ALD636; 2000(2)ALT368

ORDER1. These two second appeals one filed by the defendant and other filed by the plaintiff, arise out of the suit filed by the landlord against the tenant for ejectment and for arrears of rent and also for damages for use and occupation.2. The tenancy is not in dispute. It is an oral tenancy from month to month. The agreed rent was Rs.450/- per month. The landlord terminated the tenancy by a quit notice dated 22-7-1976 terminating the tenancy by the end of August, 1976. He claimed besides the relief of possession, arrears of rent for two months at the agreed rate of Rs.450/- per month and damages at the rate of Rs.900/- per month from 1-9-1976. There was an ex parte decree passed in the suit on 18-7-1979. In execution of the decree, the landlord obtained delivery of possession of the premises on 24-10-1981. Subsequently at the instance of the tenant the decree insofar as it related to the grant of damages only was set aside by an order of this Court passed in civil revision petition ...

A.K. Hari Gopal and Another Vs. Balaji Singh

Court: Andhra Pradesh

Reported in: 2000(3)ALD228; 2000(2)ALT629

ORDERS.V. Maruthi, J1. This appeal is filed against the judgment in OP No.88 of 1996 passed by the I Additional Chief Judge, City Civil Courts, Secunderabad, dated 28-8-1998.2. OP No.88 of 1996 was filed for grant of Succession Certificate under Section 372 of the Indian Succession Act (for short 'the Act') by the respondent herein claiming to be the brother of Kishan Singh who died on 21-2-1995 at Hyderabad on the ground that he died unmarried and that the respondent and his sons are the only legal heirs of the deceased Kishan Singh. The deceased Kishan Singh advanced a sum of Rs.1,00,000/- to Sri A.K. Hari Gopal and his wife Smt. Nalini Hari Gopal and for recovering the said amount, the respondent as the legal heir of Kishan Singh requires Succession Certificate. The said A.K. Hari Gopal and his wife Smt. Nalini Hari Gopal, the appellants herein objected to grant of Succession Certificate on the ground that there are other legal heirs of late Kishan Singh. The learned Judge granted t...

Warangal Municiapal Corporation Vs. Penugodu @ Penugoda Aslesha and Fi ...

Court: Andhra Pradesh

Reported in: 1999(6)ALD706; 1999(6)ALT247

ORDER1. By the order under revision, the Court below dismissed IA No.580 of 1999 filed by the petitioner herein-defendant No.1 in the suit filed under Section 5 of the Limitation Act to condone the delay of 282 days in filing the petition under Order IX, Rule 13 CPC to set aside the ex parte decree dated 9-9-1998. Admittedly, the notice was served on the petitioner - Municipal Corporation in the suit. The following is the only explanation offered by the petitioner-Municipal Corporation to explain the inordinate delay of 282 days:'.....However in this regard it is submitted that due to oversight the suit proceedings were not pursued by the staff and which resulted in an ex parte decree, but non-filing of written statement is not intentional, it is only accidental and unavoidable and due to over work by the staff of the Municipal Corporation'.2. In the first place, the explanation offered by the Municipal Corporation is as vague as it could be. The explanation is very bald and it does no...

Krishna Industrial Corporation Limited Vs. Sales Tax Appellate Tribuna ...

Court: Andhra Pradesh

Reported in: [2000]119STC333(AP)

P. Venkatarama Reddi, J.1. Against the order dated July 29, 1991 passed by the Sales Tax Appellate Tribunal, dismissing the petitioner's appeal for default in appearance, the present T.R.C. is filed.2. The question raised in the T.R.C. relates to the merits of the appeal. When the Tribunal itself has not decided the question of law, it is not open to the petitioner to prefer a T.R.C. canvassing the correctness of the assessment made. The proper course for the petitioner would have been to file an application to set aside the order of dismissal for default by invoking the proviso to Sub-section (5-A) of Section 21 of the Andhra Pradesh General Sales Tax Act, 1957. The petitioner has not done so. Instead, he filed this T.R.C. straightaway. Even now, it is open to the petitioner to file an application under the said provision.3. In view of the fact that the petitioner has been pursuing a wrong remedy and there is a substantial point to argue in the appeal, we consider it just and proper t...

The Vysya Bank Vs. K.R. Manjulamma

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. We heard the learned Counsel on both sides. 2. We do not find any ground for condoning the inordinate delay of 259 days in presenting the appeal which is sought to be condoned in this application FA. IA. No. 872/1999 preferred by the opposite party in CDC. No. 10/1997, which is Vysya Bank represented by its Branch Manager, Madanapalle. The opposite party Bank has preferred the appeal FA. SR. No. 2374/1999 on 18.8.1999 questioning the order of the Chittoor District Forum in CDC No. 10/1997 dated 30.10.1998. Admittedly copy of the order was received by the petitioner office on 12.11.1998 as stated in the grounds of appeal. It is stated in the affidavit in support of the application for condoning the delay that the petitioner filed an application for review of the order of the District Forum and that the same was dismissed as not maintainable by order of the District Forum dated 31.7.1999. The review petition itself was presented on 23.2.1999 i.e., nearly tw...

Rice Millers Association, Palakol Vs. General Manager, South Central R ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD6

ORDER1. Rice Millers Association, Palakol, a registered Association comprised of 29 members who are rice millers operating from Palakol town and formed for the purpose of protecting the interests of its members, has filed this writ petition seeking a direction to the South Central Railway to provide wagons to the petitioner Association and its members for the purpose of exporting rice to North Frontier Areas of Assam and Nagaland as per the seniority of their indents or in the alternative to follow the rotational system without according any preference to Dwarapudi or any other station in the supply of wagons and for incidental declaration that the action of the respondents in not following the order of seniority of indents and in giving preference to Dwarapudi stationis bereft of jurisdiction, arbitrary and discriminatory.2. The averments in support of the relief claimed, in brief, are as under:(a) There is a large volume of production of paddy and consequently a large rumber of rice ...

Gudivada Kasi Ratnam Vs. Gudivada Rama Rao

Court: Andhra Pradesh

Reported in: 2000(1)ALD329; 1999(6)ALT551

ORDER1. This review petition has been filed to review the order of a learned Judge sitting singly passed in CRP No.4405 of 1996 on 20-3-1998. The review sought is limited to the extent of ordering of costs while allowing the said revision petition.2. The said revision petition was filed against the orders dated 31-7-1996 in EA No.296 of 1995 in EA No.385 of 1982 in EP No. 26 of 1989 in OS No. 142 of 1967 on the file of the Principal District Munsif Machilipatnam.3. The decree holder is the revision petitioner. It is stated that the revision petitioner has filed EA No.385 of 1982 for delivery of the property under the decreebefore the lower Court and the delivery was ordered. The judgment debtor, the respondent in the revision petition, has filed OS No.20 of 1989 on the file of the I Additional District Munsif Court, Bandar for declaration of title and grant of permanent injunction. In IA No. 154 of 1989, ex parte temporary injunction was granted on 31-1-1989 and the same was made absol...