Andhra Pradesh Court March 1999 Judgments

Kaparapu Simhachalam Vs. Dist. Collector and Dist. Magistrate, Viziana ...

Court: Andhra Pradesh

Reported in: 1999(4)ALD158; 1999(2)ALT497

ORDERM.S. Liberhan, CJ. 1. The onlyargument raised by the learned Counsel for the appellant is that the learned single Judge has not adverted to the facts of the case and disposed of the writ petition on merits.2. The learned Counsel put the facts in the course of his arguments to the effect that on 5-11-1992 the appellant was appointed as a fair price shop dealer which was set aside, against which the appellant filed writ petition No.6578 of 1993 which was allowed and it was directed that the appellant will be at liberty to file a revision against the order setting aside his appointment. The appellant preferred a revision petition which was dismissed and the order of setting aside his appointment was affirmed. The appellant impugned the said order in Writ Petition No.6816 of 1994 which was again dismissed though, by the order passed in Writ Appeal No.497 of 1994 on 15-2-1996, by way of ad interim arrangement the appellant was allowed to function as fair price shop dealer till applicat...

Pramod Kumar T. Vs. Kendriya Vidyalaya Sangathan and ors.

Court: Andhra Pradesh

Reported in: 1999(2)ALT357; (1999)IILLJ680AP

ORDERS.V. Maruthi, J. 1. This writ petition is filed challenging the order of the third respondent. The relevant portion of the impugned order dated December 28, 1998 reads as follows: 'Accordingly, the undersigned being the Disciplinary Authority proposes to recover an amount of Rs. 4125/- (Rupees four thousand one hundred and twenty five only) being the irregularly drawn House Rent Allowance and awards the penalty of reduction of pay by one stage in time scale of pay for a period of 2 years with effect from January 1, 1999 with further directions that Sri. T. Pramod Kumar will not earn increment of pay during the period of reduction and that on expiry of the period, the reduction will have the effect of postponing future increments, if any. Now, therefore, the undersigned being the Disciplinary Authority in exercise of the powers conferred On him orders the recovery of Rs. 4125/- (Rupees four thousand one hundred and twenty five only) from Sri. T. Pramod Kumar in one lump sum and aw...

A.P. Dalit Mahasabha Vs. Govt. of A.P. and ors.

Court: Andhra Pradesh

Reported in: 1999(2)ALD275; 1999(2)ALT137

ORDER1. :'I do not think that anyone can say what will be left of those (fundamental principles of enquiry and fair play which our Constitutions enshrine) : I do not know whether they will serve only a Counsels; but this much I think I do know that a society so riven that the spirit of moderation is gone, no Court can save; Ihat a society where that spirit flourishes, no Court need save; that in a society which evades its responsibility by thrusting upon the Courts the nurture of that spirit, that spirit in the end will perish.' .....Judge learned Hand. 2. There is a beautiful and tiny village called Manikonda, surrounded by hillocks, adjoining the Hyderabad metropolis, which remained unaffected by the modern civilisation till recently. It was once a Jagir village under the supervision of Jagirdar. The Jagirs were abolished long time ago after liberation of the State of Hyderabad from Nizam's Rule. As elsewhere in the country, the tiny villages which were hitherto peacefully adjoining ...

Made Nanda Naik Vs. Mandal Executive Magistrate, Tanakala Mandal and O ...

Court: Andhra Pradesh

Reported in: 1999(2)ALD563; 1999(1)ALD(Cri)629; 1999(2)ALT172; 1999CriLJ3445

ORDER1. Heard the learned Counsel for the parties. The following order dated 10-6-1996 has been passed by the Mandal Revenue Officer, Tanakallu :'Notice is hereby issued to Sri Made Nanda Naik and Sri Made Lal Naik, S/o. Badde Naik and Made Nage Naik. M. Kese Naik, residents of Mogilichattla Thanda, Hamlet of Tavalam. The lands situated in S.Nos.1175-1, 1175-3, 1176, 1179 and 1180 are all pending in OS No.1088 of 1995 on the file of the A.P. High Court. In respect of the said lands, proceedings under Section 145 Cr.PC are cancelled and proceedings under Section 146 Cr.PC are initiating. Violating the said orders under Section 146 Cr.PC it is reported that you are cultivating the said lands. Hence, you are informed that you shall not enter upon the lands situated in S. Nos.1175-1, 1175-3, 1176, 1179 and 1180. For enquiry in the above matter, you are hereby called upon to appear before the MRO Tankakallu, on 17-6-1996 at 11-00.'2. This order has been challenged in this petition. From bar...

D. Ramaswamy Vs. P. Mohan Babu and anr.

Court: Andhra Pradesh

Reported in: 1999(1)ALD(Cri)927; 1999(3)ALT664; [2001]107CompCas396(AP); 1999CriLJ3929

K.B. Siddappa, J.1. This revision is filed against the order passed in Crl. A. No. 10 of 1995 on the file of the First Additional Sessions Judge, at Warangal. 2. The matter arises under Section 138 of the Negotiable Instruments Act, 1881. The point involved is whether registered notice intimating dishonour of the cheque addressed to the accused at his correct address when returned unserved amounts to service on the accused. On this point, the trial court held that there was effective service even though the registered letter returned unserved by the postal authorities. This finding was reversed by the lower appellate court. Hence, the revision. 3. Mr. Aga Reddy, learned counsel appearing for the petitioner submitted that the judgment of the lower appellate court is not correct. There is no dispute that the registered letter was sent to the correct address of the contesting respondent. It was returned unserved after waiting for seven days. He also submitted that the petitioner and the r...

Accounts Officer, Telecom Revenue Accounts and Another Vs. Rangale Gan ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. We do not find any basis for interfering with the order of the Visakhapatnam District Forum in C.C No. 762/1994 dated 22.8.1998 which is being questioned in the present appeal by the opposite parties in that C.C. The complainant in the C.C. is the respondent before us. 2. The simple case of the complainant was that he was having a telephone connection bearing No. 87202 at Visakhapatnam and that the bills issued in respect of the telephone by the Department never exceeded Rs. 500/- and that like a bolt from the blue he received a bill for the period from 16.3.1994 to 16.5.1994 for Rs. 94,777/-. When he remonstrate he was issued a revised bill for Rs. 1,653/- for the same period without furnishing any details and this was the rub. He obviously once again protested but the Department reacted by disconnecting his telephone without explaining on what basis the bill for Rs. 1,653/- was issued. To avoid inconvenience the complainant paid the bill for Rs. 1,653/-...

B.S. John Vs. Prl. Secretary, Housing and Municipal Admn., Govt. of A. ...

Court: Andhra Pradesh

Reported in: 1999(2)ALD527; 1999(2)ALT682

ORDER1. The petitioner is the owner of 342 Sq. Yds. covered by House No.5-9-204, Chirag Ali Lane, Hyderabad. Originally the house and the land belonged to one Matilde-Englar, she bequeathed the said property to the Dichpally Management Committee under a Will dated 23-1-1943. On her death the Dichpally Management Committee has become the owner of the property and resolved to sell the property by solution dated 1-2-1971. Accordingly, it was sold in 1972 in favour of the petitioner. Eversince he has been in possession of the properly, while so 50 yards of this property was acquired by the Collector and on 25-8-1989 an award was passed in favour of the petitioner. However, G.O.Ms. No. 51, M.A., dated 5-2-1996 was issued which an option was given to the owners of the property, whose property was acquired to opt for construction of extra built-up area in lieu of compensation. The petitioner has availed the said option and had not taken the compensation. The petitioner wanted to change the us...

State of A.P. and Others Vs. Pioneer Builders, Engineers and Contracto ...

Court: Andhra Pradesh

Reported in: 1999(3)ALD140

ORDERN.Y. Hanumanthappa, J. 1. Aggrieved by the judgment and decree dated 3-4-1996 made in OS No.11 of 1992 by the learned Subordinate Judge, Nandyal, allowing the suit claim in part, AS No.2206 of 1996 has been filed the defendants-State. AS No.236 of 1998 has been filed by the plaintiff aggrieved by the judgment and decree dated 3-4-1996 passed by the Subordinate Judge, Nandyal in OS No.11 of 1992 dismissing the suit against certain claims. Hence, both the appeals are clubbed together and disposed of by this common judgment. The rank of the parties is reported as in the trial Court.2. Though facts of the case relating to the suit claim arise on a complex plane and are many, only the relevant facts which are necessary for the disposal of the appeal may be narrated thus : 3. The plaintiff-M/s. Pioneer Builders, Engineers and Contractors, Hyderabad, had entered into an Agreement with the 2nd defendant viz., Superintending Engineer, Srisailam Right Branch Canal (SRBC) Circle No.I, Nandya...

Kandikonda Hanumantha Mithra Viswa Prakasha Rao and Others Vs. Land Ac ...

Court: Andhra Pradesh

Reported in: 1999(3)ALD498; 1999(2)ALT442

ORDERM.S. Liberhan, CJ 1. The learned Counsel for the appellants challenged the acquisition proceedings for the public purpose, to wit, for providing irrigation facilities by invoking the urgency provisions under Section 17(4) of the Land Acquisition Act, 1894 hereinafter referred to as 'the Act' and dispensing with the enquiry under Section 5-A of the Act, infer alia on the ground that there is no 'public purpose' since there is an existing canal and the State has not carried out the repair work in the existing canal and therefore, need of providingadditional canal is not a public purpose and that there is no declaration under Section 17 to dispense with the enquiry under Section 5-A and consequently the invocation of urgency provisions and the subsequent' declaration under Section 6 for taking over possession of the land cannot be sustained.2. The learned Counsel for the appellants, in order to butress her submissions relied upon the decision of the Supreme Court in Dora Phalauli v. ...

Vijayalakshmi Vs. Hari Hara Ginning and Pressing, Nandigaon

Court: Andhra Pradesh

Reported in: 1999(3)ALD624; 1999(2)ALT646

ORDERM.S. Liberhan, CJ 1. This appeal arises out of an order declining to admit the Company petition filed for winding up of the respondent-Company under Sections 433 (e) & (f) and 439 of the Companies Act, 1956. Narration of the following material facts isnecessary so as to determine whether or not the company petition has to be admitted. 2. It is not in dispute that on 6-2-1994 an agreement was entered into between Ch. Savithri, S. Padma and Muralidhar on the one part (hereinafter referred to as the first party) and Sampat and K. Vijayalakshmi on the other part (hereinafter referred to as the second party) as regards payment of Rs.3,53,330/-. In pursuance of the same, the first party paid Rs.1,50,000/- to the second party and agreed to pay the balance amount of Rs.2,03,330/-. Manner and mode of payment was also agreed upon between them and the first party had undertaken the pressing work and the amount due to the first party towards charges of pressing work done in the past was also ...