Andhra Pradesh Court November 1999 Judgments
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P. Jaganatham Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Nov-15-1999
Reported in: 1999(6)ALT753
ORDERGoda Raghuram, J.1. This writ petition is filed by a dealer of Bharat Petroleum Corporation Limited operating on National Highway No. 7 in Kurnool District seeking a direction to the respondents not to grant permission for commencement of a retail outlet by R-3 in Sy.No. 280 Part and 281 /3 part of Panchalingala village, Kurnool Mandal, Kurnool District contrary to the guidelines issued by R-5 in Proceedings No. RW/NH-33023/19/99-DO.III dated 27-7-1999 and for a declaration that the action of the respondent in processing the application of R-3 for setting up of a retail outlet within a distance of 300 Metres from the petitioner's retail outlet as illegal and arbitrary.2. The petitioner is an existing licensee of a retail outlet in petroleum products operating from premises of National Highway No. 7. His grievance is that the appropriate respondents would be granting R-3 a licence for another facility in the land adjacent to the petitioner's business premises. The petitioner's ende...
B. Chennakesava Rao Vs. Government of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Nov-13-1999
Reported in: 2000(1)ALD763; 2000(2)ALT100
1. Heard the learnedCounsel appearing for the petitioner, learned Government Pleader for Home appearing for respondents 1 and 2, learned Counsel Smt. Bhaskara Lakshmi appearing for respondents 3 and 4 and Sri M. V.S. Suresh Kumar, learned Counsel appearing for the 5th respondent.2. The petitioner filed this writ petition to declare the entire process and proceedingsinitiated for appointment of Assistant Government Pleader for the Courts of Senior Civil Judge and Junior Civil Judges at Kandukur, Prakasam District as illegal and violative of rules of executive instructions issued in G.O.Ms.No.57, Law, dated 16-3-1990 and to direct the District Collector and the District Sessions Judge, Prakasam District to submit a fresh panel by including the name of the petitioner for consideration by the State Government for appointment of Assistant Government Pleader for the Courts of Senior Civil Judge and junior Civil Judges, Kandukur, Prakasam District.3. The petitioner is an advocate aged about 6...
Central Bank of India Vs. Nallapaneni Venkateswararao and Others
Court: Andhra Pradesh
Decided on: Nov-13-1999
Reported in: 2000(4)ALD594; 2000(1)ALT465
1. This appeal by the plaintiff-Bank is filed against the judgment and decree in OS No.320 of 1983 dated 29th November, 1985 passed by the learned Additional Subordinate Judge at Guntur principally on the sole ground of not granting the interest in view of the amendment of Section 21A of Banking Regulation Act.2. The Court below relying on the judgment in Medikonda Satyanarayana and another v. The Andhra Bank, 1984 (2) APLJ Page 290, has rejected the claim. As regards the question of application of Act 4 of 1938 is concerned, the issue is no longer res integra and it is covered by my earlier judgment in Union Bank of India and others v. G. Shiva Reddy and others, : 1999(3)ALT719 , wherein it was held thatin view of the said amendment of Section 21A of the Banking Regulation Act, 1949, the Act 4 of 1938 has no application in respect of the banking transactions and the interest charged in pursuance of a mortgage transaction is valid. However, the interest in respect of agricultural trans...
G.V.P.R. Engineers Limited Vs. Bharat Heavy Electricals Limited, Tamil ...
Court: Andhra Pradesh
Decided on: Nov-12-1999
Reported in: 2000(1)ALD1; 1999(6)ALT592
ORDER1. M/s. Bharat HeavyElectricals Limited, (BHEL), Government of India undertaking, has been commissioned by the National Thermal Power Corporation (NTPC) to undertake certain civil and other works for the Simhadri Thermal Power Project. Some of the items of the work undertaken by the BHEL have been earmarked for contracting out to others. One of the items of such work is 'Raw Water Reservoir'.2. The petitioner M/s. G.V.P.R. Engineers Limited, is one of the tenderers for this item of work. Aggrieved by certain developments to which reference would be made hereinafter, the petitioner has filed the present application seeking that this Court direct the 1st respondent to consider and grant the request of the petitioner contained in representations dated 22-9-1999 and 5-10-1999 regarding interchange of the rates quoted by the petitioner for items Nos.5 and 7 of the Tender Schedule as regards the work relating to Raw Water Reservoir Tank, tender specification No.BHEL:PS:SCT:809, and ther...
Pithana Nanda Kumar and Others Vs. Kostu Eswara Rao and Others
Court: Andhra Pradesh
Decided on: Nov-12-1999
Reported in: 2000(1)ALD575; 1999(6)ALT493
ORDERRamesh Madhav Bapat, J. 1. The petitioners herein have invoked the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to issue a writ or order or direction more particular a writ of certiorari and call for the records on the file of the Special Court under Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, Hyderabad, in LGC.SR.No.104 of 1997 dated 30-11-1998 and quash the same and grant consequential relief by directing the Special Court to number the case and dispose of the case on merits.2. It appears from the record that the petitioners-applicants herein claimed to be the owner of the land in dispute which is covered by TS No.1050/1 admeasuring Ac.10.3 cents, popularly known as 'Pithana Dibba' of Visakhapatnam. The petitioners further claimed that it is their ancestral property. It is further stated that one P. Sita Rama Swamy and his brother P. Appala Swamy were entitled to and were in possession of the property in the ratio of 2:1 and t...
United India Insurance Co. Ltd., Warangal Vs. Mattedu Manikyam and Oth ...
Court: Andhra Pradesh
Decided on: Nov-12-1999
Reported in: II(2000)ACC681; 2001ACJ1197; 2000(1)ALD572; 2000(3)ALT273
1. This appeal was filed by the United India Insurance Company Limited, Warangal, aggrieved by the judgment and decree dated 30-4-1993 in OP No.43 of 1991 on the file of the Chairman (Additional District Judge), Motor Accident Claims Tribunal, Warangal, whereby the Tribunal has awarded a compensation of Rs.50,000/- with interest at 12% per annum from the date of petition till the date of realisation, for the untimely death of the deceased, Mattedu Issac, the son of the claimants 1 and 2 and brother of the third claimant, in a motor vehicle accident that was occurred on 18-12-1990 when the deceased was travelling on the tractor Bearing No.AP36 T197 as coolie, belonging to the fourth respondent herein. On the fateful day the deceased alongwith two others who were also working as coolies, while transporting wooden logs, due to the rash and negligent driving of the driver of the said tractor and trailer, it turned turtle resulting in the death of the said Issac, aged about 20 years at the ...
Anagalla Padmalath Vs. A. Sudershan Rao
Court: Andhra Pradesh
Decided on: Nov-12-1999
Reported in: 2000(1)ALD697; 2000(2)ALT15; II(2000)DMC580
ORDERS.V. Maruthi, J.1. This civilmiscellaneous appeal is filed against the judgment in OP No.1115 of 1995 dated 28-8-1996 on the file of the Family Court, Hyderabad.2. The wife is the appellant. The husband filed the OP under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act for divorce on the grounds of cruelty and desertion.3. The brief facts of the case arc as follows:The petitioner and the respondent were married on 7-4-1983 as per Hindu rites and customs. After the marriage, they lived together till 1985 and they were blessed with a female child. During the said period, Ihe respondent used to quarrel with the petitioner very often and illtreated him causing mental and physical agony to the petitioner. In 1985, she went to her parents' house for delivery. The female child was born on 16-3-1985. The birth of the female child was not informed to the petitioner. On 5-10-1986, there was a mediation by the caste elders, pursuant to which, the respondent joined the petitioner an...
M. Rajabali Sons, Warangal Vs. Food Corporation of India
Court: Andhra Pradesh
Decided on: Nov-12-1999
Reported in: 2000(2)ALD514
ORDERS.V. Maruthi, J 1. The appeal arises out of a suit in OS No.216 of 1984 on the file of the Principal Subordinate Judge, Warangal, filed by the Food Corporation of India (FCI) for recovery of Rs.12.94,853-95 ps., with interest at the rate of 11% p.a., the defendant is M/s. Rajab Ali Sons, Warangal. 2. The plaintiff entered into nine agreements with the defendant for milling of paddy into 'Raw rice/Par boiled rice/ Export quality' purchased by the plaintiff. The agreements are dated 28-3-1980, 14-4-1980, 7-8-1980, 11-8-1980, 19-8-1980,3-11-1980, 8-5-1981, and 11-7-1981, under which the defendant agreed to mill 300 MTs., 2000 MTs., 100 MTs., 7000 MTs., 1000 MTs,, 500 MTs., 500 MTs., 1000 MTs., and 1000 MTs., of paddy respectively. 3. Under the agreements the defendant has to re-deliver the rice within 10 days of the lifting of the paddy with the exclusion of Sundays and Public Holidays and in the event of short fall in delivery of rice, the defendant has to pay two and half times the...
Ch. Jyothi Srinivas Vs. Commissioner of Prohibition and Excise, Andhra ...
Court: Andhra Pradesh
Decided on: Nov-12-1999
Reported in: 2000(2)ALD590; 2000(1)ALT4
ORDER1. Questioning the impugned order dated 21-6-1999 of the first responent, the Commissioner of Prohibition and Excise, A.P., Hyderabad and the consequential order passed by the second respondent-the Superintendant, Prohibition and Excise, Visakhapatnam, in Proc. Re. No.1834/98/A-l dated 29-6-1999 rejecting the request made by the petitioner-the licencee of IL-24 for shifting his wine shop - M/s. Durga Wines, Kasimkota to any other unobjectionablelocation at Desapatruniplam, Visakhapatnam as illegal and unconstitutional, the present writ petition is filed.2. The brief facts of the case are that the petitioner was granted licence for retail shop IL-24 for the Excise Year 1998-99 and he started the shop in the name and style of M/s. Durga Wines, at Kasimkota village and commenced the business. Before granting the above said licence, the concerned authorities have conducted enquiries for the establishment of the shop in the locality. Subsequent to the establishment of the shop of the p...
A. Sri Krishna Chaithanya Vs. Ntr University of Health Science, Andhra ...
Court: Andhra Pradesh
Decided on: Nov-12-1999
Reported in: 2000(3)ALD161
ORDER1. This writ petition is filed by a First year MBBS student of Deccan Medical College, Hyderabad. He appearedfor Engineering, Agriculture and Medical Common Entrance Test-98 (better known by its cognomin EAMCET-98) held on 14-5-1998, the results of which were announced on 31-5-1998. The petitioner got a rank of 1237. He being a BC candidate appeared for the counselling and he was selected for first year MBBS course in Deccan Medical College, Hyderabad. These facts are not specifically stated in the affidavit. But the petitioner's Counsel stated this at the Bar having regard to the two documents filed before this Court.2. Large number of students belonging to Backward class filed writ petitions before this Court being WP No.33456 of 1998 and Batch. The main grievance in those writ petitions was that students belonging to reserved classes who obtained merit rank and who ought to have been shown as admitted to OC seats, though were admitted, were counted for the purpose of 25% reserv...
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