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Andhra Pradesh Court December 1999 Judgments

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Dec 30 1999

Maddaiah and Others Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Dec-30-1999

Reported in: 2000(2)ALD406

1. This appeal has been filed on behalf of 22 accused persons who were convicted in CC No.4 of 1994 under Section 8(c) read with Section 22 of the Narcotic Drugs and Psychotropic Substances Act. Each of them was sentenced to ten years rigorous imprisonment and was also fined with Rs.1,00,000/- and in default of payment of fine they had to suffer further imprisonment of 2 1/2 years. Charge-sheet was filed against 24 accused, out of which accused No. 10 died and the name of accused No. 17 was deleted as it was found that accused No.1's name was repeated as accused No.17.2. I have heard the learned Counsel for the appellants as well as the learned Public Prosecutor. Some of the record was not available which was summoned, today the record has been received and I have perused the record.3. The allegations against the appellants-accused is that, accused No. I was vendor of toddy and accused 2 to 24 were the licence holders of toddy shop TFT Regadi Mailwar under the range of Kodangal. On 20t...


Dec 30 1999

Sri Hari Om Steels Pvt. Ltd. Vs. Transmission Corporation of A.P. Ltd. ...

Court: Andhra Pradesh

Decided on: Dec-30-1999

Reported in: 2000(4)ALT194

ORDERB. Sudershan Reddy, J.1. The petitioner in the instant writ petition challenges the order passed by the second respondent herein in No. SEA/HYD/ F.RR.607/SAH-7425, dated 31-8-1999 stated to have been served upon the petitioner on 6-12-1999.2. I have elaborately heard the learned Counsel for the petitioner as well as the learned Standing Counsel for the Corporation and perused the records made available by the learned Standing Counsel.3. The fourth respondent herein issued provisional assessment notice dated 21-2-1999 alleging that during the time of inspection of the premises and the meter it was found that the seals were in a tampered condition. The petitioner challenged the said provisional assessment by filing W.P. No. 8245 of 1999 and the same has been disposed of by this Court with a direction to the respondents to restore the power supply to the petitioner subject to the condition of petitioner depositing a sum of Rs. 10,000/-. The petitioner accordingly deposited the amount...


Dec 29 1999

Parepalli Pallalayya Vs. Kasagani Ramulu and Others

Court: Andhra Pradesh

Decided on: Dec-29-1999

Reported in: 2000(2)ALD70

1. This revision is directed against the order passed by the Junior Civil Judge, Chintalapudi, in IA No.590 of 1998 in OS No.t55 of 1994, whereby the application for amendment of the plaint has been dismissed.2. The petitioner-plaintiff has filed a suit for permanent injunction alleging that, he along with his brother namely Ramulu, had purchased the plaint schedule property orally for a valuable consideration in or about the year 1970 from Kasagani Lingamma, Kasagairi Laxntamma Swamy, the wife and son of one late Mallayya and they have been in cultivating possession of the same to the knowledge, inter alia, of the defendants. Patta has also been granted in favour of himself and his brother. In the alternative, he has pleaded that due to the long and uninterrupted continuous possession adverse to the interests of the defendants, he and his brother had perfected title by adverse possession. Since the defendants are threatening his possession, he is entitled for permanent injunction.3. T...


Dec 29 1999

V. Ram Mohan Rao Vs. Transmission Corporation of A.P. and Others

Court: Andhra Pradesh

Decided on: Dec-29-1999

Reported in: 2000(2)ALD161; 2000(1)ALT229

ORDER1. The petitioner in the instant writ petition prays for issuance of a writ ofMandamus declaring the action of (he respondents 1 and 2 in appointing the third respondent herein as Enquiry Officer to conduct a de novo enquiry against the petitioner in respect of the allegations of which the previous Enquiry Officer has already conducted and submitted his report in May, 1998 as illegal, arbitrary and without jurisdiction. The petitioner accordingly prays for a consequential direction to set aside the Memo No.CE/DC/DM-V/555/P.l/97-7 dated 24-7-1999.2. Relevant facts in brief may be noticed for the purpose of deciding as to whether the impugned proceedings suffer from any jurisdictional errors or legal infirmities.3. The petitioner presently is stated to be working as Assistant Divisional Engineer, Shift, 220 KV Sub-station, Chandrayanagutta. The A.P. State Electricity Board had initiated departmental enquiry against the petitioner herein and six other officers and had appointed the S...


Dec 29 1999

Tummala Srinivas and Others Vs. Municipal Corporation, Hyderabad and O ...

Court: Andhra Pradesh

Decided on: Dec-29-1999

Reported in: 2000(2)ALD47; 2000(1)ALT584

ORDER1. The five petitioners in this writ petition pray for a writ of Mandamus declaring the action of the respondents in high handedly and illegally demolishing the premises in their occupation bearing No.6-3-1192/6 near Begumpet Fly Over, Begumpet, Hyderabad, as illegal and void and for a consequential direction to pay compensation for their illegal acts. Initially they approached the civil Courts of the X Junior Civil Judge, City Civil Court, Hyderabad against the landlord of the premises and also obtained ad-interim injunction restraining the landlord from dispossessing the petitioners from the premises in possession of each of the petitioners. However, they filed this writ petition, this time against the Municipal Corporation, the Station House Officer, Punjagutta Police Station and two Cabinet Ministers of State of Andhra Pradesh. The writ petition is also against two private persons who are none other than the father of one landlady and the husband of another landlady who betwee...


Dec 29 1999

Gudibandi Mahalakshmi and Others Vs. Central Bank of India, Kallipara, ...

Court: Andhra Pradesh

Decided on: Dec-29-1999

Reported in: 2000(3)ALD232; 2000(2)ALT178

1. Both these appeals are filed by defendants against the preliminary decrees in pursuance of the mortgages in the suit filed by the respondent-Banks for recovery of certain amounts on the basis of mortgage towards the financial assistance given to the appellants herein.2. There is not much dispute as to the main transactions as such. In AS No.250 of 1992, the loan was taken for the purpose of digging a bore well whereas in the other appeal i.e., AS No.1209 of 1986 the loan was taken for commercial purpose. The respondents' claim has been substantiated by the documents produced in respect of the mortgage. The only controversy which is sought to be raised is against granting of interest both prior to the suit and subsequent to the filing of the suit.3. Therefore, the question now falls for consideration is whether in respect of the mortgage transactions between the plaintiffs and the defendants, the Bank is entitled to the contract rate or any other benefit can be conferred to the defen...


Dec 29 1999

L. Nagireddy Vs. General Manager, South Central Railways, Secunderabad ...

Court: Andhra Pradesh

Decided on: Dec-29-1999

Reported in: 2000(3)ALD205; 2000(3)ALT182

ORDER1. This is an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') for appointment of an arbitrator to resolve the dispute between the parties to the petition.2. The undisputed facts are that the petitioner's tender was accepted for castle Rock-Kulem Gauge Conversion from meter gauge to broad gauge-Earth work excavation/cutting construction of RCC retaining wall to facilitate extension of loops to full capacity at Dudhsagar Station Yard and Hubli Section of South Central Railway, The acceptance letter dated 27-3-1997 itself shows that until formal agreement is executed the acceptance letter itself constitute a binding contract between the petitioner and Railways. The due date of completion of the agreement is 19-3-1997 and the agreement was entered into on 27-3-1997. The initial value of the contract work was Rs.40,37,450. According to the petitioner, due to changes and modification the value of the contract was put to one crore...


Dec 29 1999

Nagarai T. Narimella Vs. St. theresa's Tender Loving Care Home, Hyd. a ...

Court: Andhra Pradesh

Decided on: Dec-29-1999

Reported in: 2000(5)ALD482; 2000(3)ALT482; I(2001)DMC143

ORDER1. This appeal is field against the order of the Chief Judge, City Civil Court passed in OP No.957 of 1998 rejecting the application filed by the appellant herein under Section 9(4) of the Hindu Adoptions and Maintenance Act, 1956 seeking permission to adopt the minor baby Anjali. It is contended that the learned Judge has erroneously dismissed the applicationholding that the appellant ought to have filed two petitions one for appointing the first petitioner who is the de facto guardian as de jure guardian and another for permission to the first petitioner to give the child in adoption to the second petitioner. The brief fact of the case are as follows:The first petitioner was registered Society recognised by the Government of India to act as placement agency which runs a Destitute Home for abandoned children. Veeraiah and Nagamani are the natural parents of baby Anjali who was born on 22-10-1997 and was abandoned to the society to give in adoption to the suitable parents since th...


Dec 29 1999

M.D. Azgar HussaIn Vs. Branch Manager, Life Insurance Corporation and ...

Court: Andhra Pradesh

Decided on: Dec-29-1999

Reported in: 2000(1)ALT342

C.Y. Somayajulu, J.1. Contending that he was appointed on daily wage basis of Rs. 50/- per day in the office of the first respondent on 31-8-1998 and is continuing as such till the date of filing of this writ petition in September, 1999, petitioner is seeking a direction to the respondents to regularize his services as Typist-Cum-Assistant in the office of the first respondent. 2. On behalf of the first respondent, the Regional Manager (Legal)filed his counter-affidavit, contending that the allegation of the petitioner that he was appointed on 31-8-1998 on daily wage basis as Typist-Cum-Assistant is not correct, and that the services of the petitioner were utilized only as a job typist, and that there is no post like Typist-Cum-Assistant in the office of the first respondent and that recruitment to the posts in the Life Insurance Corporation are governed by LIC of India Recruitment (of Class-III and Class-IV Staff) Instructions, 1993, and that as per those instructions, recruitment to ...


Dec 28 1999

Maharani Grinite Pvt. Ltd. Vs. Government of Andhra Pradesh and Others

Court: Andhra Pradesh

Decided on: Dec-28-1999

Reported in: 2000(1)ALD663; 2000(1)ALT188

ORDER1. The petitioner in the instant writ petition challenges the validity of Memo No.25220/M.II(l)97-3 dated 12-2-1999 issued by the first respondent herein. By way of amendment to the prayer, the petitioner also challenges the Proceedings No.27209/R4-2B/95 dated 21-4-1999 issued by the second respondent and consequently to declare the lease deed dated 28-4-1999 executed in favour of the fourth respondent as arbitrary and illegal.Brief Facts:2. The petitioner is a private limited company engaged in the business of quarrying, cutting and polishing of black granite. The petitioner by application dated 30-9-1999 applied for grant of lease for quarrying of black granite over an extent of 3.00 hectares in Sy. No.134 of Gowrithimmapalli village, Baireddi Mandal, Chittoor District. The petitioner is stated to have filed another application on 26-9-1997 for grant of similar lease with regard to an extent of 2.00 Hectares in Sy. No.152/1 of Kadapantham village of Baiareddi Mandal, Chilloor Di...


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