Andhra Pradesh Court December 1999 Judgments
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R. Seshaiah Vs. E. Ramathulasama
Court: Andhra Pradesh
Decided on: Dec-24-1999
Reported in: 2000(1)ALD405; 2000(1)ALT121
ORDER1. Heard the learned Counsel for the petitioner. The petitioner is a defendant in a suit for recovery of amount. The suit was dismissed on 2-12-1998 in default. The plaintiff had to lead evidence in the suit and the suit had been posted for 19-11-1998 for recording of plaintiffs evidence. The plaintiff could not produce the evidence on that day and as a last chance the suit was adjourned to 2-12-1998. On 2-12-1998 the plaintiff did not appear in the trial Court at all, whereas the defendant was present. Therefore, the suit was dismissed in default by the trial Court. Thereafter an application came to be filed under Order 9, Rule 9 of the Code of Civil Procedure (for short 'the Code') for restoration of the suit, which has been allowed by the trial Court. Against this order, this revision has been filed.2. The contention of the learned Counsel for the petitioner-defendant is that an application for restoration of the suit under Order 9, Rule 9 of the Code was notat all maintainable...
State of Andhra Pradesh and Another Vs. Allu Swaminaidu and 35 Others
Court: Andhra Pradesh
Decided on: Dec-24-1999
Reported in: 2000(1)ALD677; 2000(1)ALT444
ORDER1. This revision is filed questioning the order dated 29-4-1999 passed in IA No.767 of 1994 in OS No.570 of 1988 on the file of the Junior Civil Judge, Salur.2. The defendants in the suit are the petitioners herein. The respondents/plaintiffs filed the suit for a direction against the petitioners/defendants to incorporate the orders of the Special Deputy Tahsildar (Inams) dated 6-9-1960 and to fix the ryotwari assessment for the land of an extent of Ac.67.32 cts., mentioned as A schedule by means of mandatory injunction and to restrain the petitioners from interfering withB schedule lands with standing crops. At the stage when the matter stood for filing the written statement the petitioners/ defendants could not file written statement and the Court below awarded costs to the respondents/plaintiffs and posted the matter on 24-7-1990. Since no written statement was filed the Court below passed the ex parte decree on 24-7-1990.3. The petitioners/defendants filed IA No.767 of 1994 fo...
P. Prakash Archbald Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Dec-24-1999
Reported in: 2000(2)ALD44
ORDER1. The petitioner, a member of Rampa Yerrampalem Primary Agricultural Co-operative Society, Gokavaram Mandal, East Godavari District, (for short 'the Society') assails the proceedings of the Deputy Registrar, Co-operative Societies (Respondent No. 1) dated 9-1] - ]999.2. Respondent No.2 by proceedings dated 5-11-1999 in purported exercise ofpower under Section 34(1) of the Andhra Pradesh Co-operative Societies Act, 1964 (for short 'the Act') superseded the Management of the Society and appointed a Special Officer to the Society for a period of six months from the date of assumption of charge of the Special Officer. The President and Members of the Managing Committee represented to the respondent No.2 on 8-11-1999 against the orders dated 5-11-1999. As is facially apparent from the order impugned, on a consideration of the said representation, the 2nd respondent passed the orders impugned keeping the orders of supercession dated 5-11-1999 in abeyance 'for the time being'. The reaso...
Rajesh D. Shah Vs. Joint Sub-registrar-i, Registration Office, Hyderab ...
Court: Andhra Pradesh
Decided on: Dec-24-1999
Reported in: 2000(2)ALD58
ORDER1. The common issue that arises for consideration in these two writ petitions is, whether the impugned proceedings in Lr. Nos.2002/0B/99 and 2001/0B/99 dated 23-6-1999 of the first respondent requesting the petitioners to pay a sum of Rs.1,61,460/- and Rs.1,37,905/- respectively towards deficit stamp duty and deficit registration fees, failing which the documents will be referred to the Collector under Section 48 of the Indian Stamp Act, 1899 (for short 'the Act') for taking action under the Revenue Recovery Act is valid or not.2. In both the writ petitions the parties and cause of action is common except variation in the amounts and the extents of land. Since counters have been filed in both the writ petitions, with the consent of learned Counsel for the parties, they are being disposed of by this common order.3. The facts leading to filing of the writ petitions in brief are that: The petitionerspurchased an extent of 184 and 159 sq.yards of land respectively including a house th...
C. Venugopal Reddy Vs. Indian Oil Corporation, Vijayawada and Another
Court: Andhra Pradesh
Decided on: Dec-24-1999
Reported in: 2000(3)ALD698; 2000(2)ALT533
ORDER1. This writ petition was filed seeking to issue writ of mandamus declaring the action of the respondents in issuing a notification dated 8-6-1999 for appointment of LPG Distributor for Proddutur town of Cuddapah District as illegal, arbitrary and unconstitutional. It is stated by the petitioner that he was appointed as LPG dealer of the first respondent Corporation in the year 1975 for the Town of Proddiitur, Cuddapah District and the started the dealership in the name of 'Sri Balaji Gas Agency' and was doing business to the satisfaction of every one without any complaints. He further stated that Proddutur is small town situate at a close proximity to Cuddapah town and there are two LPG dealerships operating at Proddutur. It is further stated that Proddutur being a small town does not have a wide demand for LPG connections. The demand for LPG cylinders and connection for Proddutur town also comprises of the demand from the nearby villages and mandals where no separate dealership ...
N.B. Gangadarayya Vs. Executive Officer, Sri Bramarambha Mallikarjuna ...
Court: Andhra Pradesh
Decided on: Dec-23-1999
Reported in: 2000(1)ALD375; 2000(1)ALT103
ORDER1. The petitioner in the instant writ petition, challenges an order of transfer vide proceedings No.27 of 1999 dated 8-10-1999 passed by the Executive Officer, Srisailam Devasthanam and also challenges the proceedings - Re. No.A1/ 302/99 dated 30-10-1999 passed by the same authority placing the petitioner under suspension pending enquiry into the charges framed against him. The petitioner seeks further declaration that persons belonging to Veera Shaiva Jangam Maheswara alone are entitled to be appointed as Archaka in Sri Mallikarjuna Swamy temple at Srisailam.2. Before adverting to the question as to the validity of the said order, it is necessary to notice the relevant facts: The petitioner was appointed as Assistant Archaka by the first respondent on 7-8-1969 in Srisailam Devasthanam and subsequently promoted as Additional Head Archaka. He belongs to Veera Shaiva Jangam Mahaeswara community/sect. He is mainly aggrieved by the order dated 30-10-1999 of the firstrespondent herein ...
Kethineedi Jainendra Kumar Vs. District Registrar, Eluru and Another
Court: Andhra Pradesh
Decided on: Dec-23-1999
Reported in: 2000(2)ALD74; 2000(1)ALT336
ORDER1. Heard both sides.2. This petition under Article 226 of the Constitution of India seeks to challenge the memo served on the petitioner by the Joint Sub-Registrar in the office of the District Registrar, Eluru dated 24-3-1999 and seeks a direction that the document in question may be registered treating it as a partition-deed.3. The relevant facts are that the petitioner along with other executants executed a document dated 21-7-1998, described by them as settlement deed, and presented it for registration before the concerned Sub-Registrar at Eluru on 14-9-1998. The document carried a stamp duty at the rate of 3% of the market value of the property as stated in the deed.4. However, the Joint Sub-Registrar did not take up the document for registration and got the impugned memo dated 24-3-1999 served on the petitioner calling upon him to pay the stamp duty at 6% of the market value. It appears that the executant of the document paid the stamp duty by ascertaining its value under Ar...
Nyaya Vidya Parishad Law College, Visakhapatnam Vs. State of Andhra Pr ...
Court: Andhra Pradesh
Decided on: Dec-23-1999
Reported in: 2000(3)ALD158; 2000(1)ALT380
ORDER1. The petitioner is a Law College. It is recognised by the Government of Andhra Pradesh and affiliated to Andhra University. They filed this writ petition praying for a direction to the respondents, namely, Slate of Andhra Pradesh, the A.P.State Council for Higher Education and Andhra University, Visakhapatnam to consider their representations dated 1 -7-1999 and 14-10-1999 and to dispense with the entrance test in Law course of study commonly known as LAWCET and permit to admit those students who did not appear or quality in the LAWCET examination.2. The writ affidavit filed along with the writ petition refers to Section 3 of the A.P. Educational Institutions (Regulation of Admission and Prohibition of Captation Fee) Act, 1993 (hereafter called the Act) and the A.P. Institutions of Law (Regulation of Admission into courses in Law through Common Entrance Test) Rules, 1989 (hereafter called the LAWCET Rules). It is their contention that though the purport of these provisions is th...
D. Madhava Reddy and Others Vs. Collectors (Co-operation), Warangal an ...
Court: Andhra Pradesh
Decided on: Dec-22-1999
Reported in: 2000(1)ALD495; 2000(2)ALT357
ORDER1. The petitioners 1 to 3 have been elected as Presidents of the PACS, Aminabad; of the Electricity Employees Co-operative Society and of the PACS, Komatlagudem respectively. The 1st petitioner had been elected as President and petitioners 2 and 3 as Directors along with 19 other Directors, of the Warangal District Co-operative Central Bank Limited (WDCCB), in the elections held in August, 1995. The term of office of such elected management is five years. The 1st petitioner received on 22-11-1999 proceedings Rc.No.4930 of 1999-D, dated 20-11-1999, issued by the 1st respondent-Collector (Co-operation), Warangal, accompanied by the draft of a No- Confidence Motion signed by some of the Directors expressing no confidence against the 1st petitioner and the Vice President of WDCCB, Sri Ch. Surender Reddy. The proceedings (impugned in the writ petition) proposed convening of the meeting of the Management Committee on 7-32-1999 for consideration of the proposed motion of No-Confidence, o...
Md. EThe ShamuddIn Vs. Joint Collector (Civil Supplies), Rr Dist., Hyd ...
Court: Andhra Pradesh
Decided on: Dec-22-1999
Reported in: 2000(1)ALD472; 2000(2)ALT35
ORDER1. Both these cases involve similar fact situations and are thus disposed of at the stage of admission after having heard respective learned Counsel for the petitioners Sri V.H.V.R.R. Swamy and Sri B. Lingaiah and the learned Additional Advocate-General Sri. D. Prakash Reddy, who appeared to assist the Court on behalf of the learned Government Pleader for Civil Supplies, for the respondents.This writ petition is filed by a Kerosene dealer functioning in the name and style of O.M. Enterprises, Open Market, Miralam Tank, Hassannagar, Rajendranagar, Ranga Reddy District. On an allegation that the petitioner was selling blue kerosene and not maintaining true and correct accounts, pursuant to an inspection of petitioner's premises on 23-3-399 the stocks of commodities therein 3261 liters, of white kerosene and 16 empty barrels, were seized a panchanama was conducted, a crime was registered as well on the complaint submitted, under Section 6-A of the Essential Commodities Act, 1955 (Act...
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