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Andhra Pradesh Court April 1999 Judgments

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Apr 13 1999

Gogineni Koteswara Rao Vs. Government of Andhra Pradesh, Panchayat Raj ...

Court: Andhra Pradesh

Decided on: Apr-13-1999

Reported in: 1999(3)ALD462; 1999(3)ALT496

ORDERVaman Rao, J 1. The facts relating to Writ Petition No.21223 of 1997 fall in narrow compass, which may be stated briefly as follows:2. The petitioner was elected as President of Mandal Praja Parishad, Muppala Mandal, Guntur District in the election held on 18-3-1995. The motion of no confidenceagainst the petitioner was presented to the third respondent on 11-8-1997 signed by 8 members of Mandal Parishad which consisted of 1 1 members. The 2nd respondent (District Collector, Guntur) convened a meeting of Mandal Parishad on 2-9-1997 to consider the said motion of no-confidence in accordance with Section 245 of A.P. Panchayat Raj Act. Sub-section (2) of Section 245 of the A.P. Panchayat Raj Act, 1994 (for short 'the Act') contemplates that if a motion is carried with the support of2/3rds of total number of Members against the Mandal Praja Parishad President, the Government shall by notification remove him from office. In this case, the total strength of the Mandal Praja Parishad mem...


Apr 13 1999

Mandava Lokeswara Rao Vs. Devineni Vijaya Lakshmi

Court: Andhra Pradesh

Decided on: Apr-13-1999

Reported in: 1999(3)ALD663; 1999(4)ALT49

ORDERV. Bhaskara Rao, J 1. This Letters Patent Appeal is directed against the judgment in C.C.C.A.No.183 of 1982 dated 21-3-1995 on the file of ihis Court confirming the judgment and decree passed in OS No.613 of 1980 dated 14-7-1982 on the file of the learned V Additional Judge, City Civil Court, Hyderabad filed for specific performance of the agreement of sale in., respect of 516 Sq. Yards in S.No.127 at Yellareddyguda, Kliairatabad Taluk, Hyderabad District.2. Defendant is the appellant in this Letters Patent Appeal. The suit in OS No.613 of 1980 on the file of the learned V Additional Judge, City Civil Court, Hyderabad was filed by the plaintiff respondent for specific performance of the agreement of sale in respect of 516 Sq. Yards in Sy.No.127 at Yellareddyguda, Khairatabad Taluk, Hyderabad District after receiving Rs.36,933/-.3. The plea of the plaintiff was that through her father, the plaintiff agreed to purchase plot No.25 in S,No.l27 belonging to the defendant in an extent o...


Apr 13 1999

Madiga Reservation Porata Samithi Vs. the Commissioner of Police

Court: Andhra Pradesh

Decided on: Apr-13-1999

Reported in: AIR1999AP289; 1999(3)ALT146

ORDERJ. Chelameswar, J.1. This Writ Petition is filed by an unregistered body known as 'Madiga Reservation Porata Samithi' with a prayer as follows :'............that this Hon'ble Court may be pleased to issue an order or direction or writ more particularly one in the nature of writ of certiorari calling for the records pertaining to the impugned order of the respondent passed in proceedings No. L&O;/M4/1786/99, dt. 10-4-99 and quash the same as illegal, arbitrary, unconstitutional and violative of principles of natural justice and pass such other order or orders as this Hon'ble Court deems fit and proper in the interest of justice.'2. The brief background of the case is that there has been a demand from a section of the Scheduled Castes in the State of Andhra Pradesh known as 'Madigas' that they are entitled for certain protective discrimination in the matter of educational opportunities and public employment. The State of Andhra Pradesh, earlier, having considered the intensity of th...


Apr 13 1999

Consumer Awareness and Research Society and Another Vs. Healing Touch ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Apr-13-1999

K. Ranga Rao, Member: 1. This complaint was presented before this Commission on 27.10.1992 under Section 17(1)(a)(i) of the Consumer Protection Act, 1986 by M/s. Consumer Awareness and Research Society (1st complainant) and S. Anoop Kumar (2nd complainant) for a direction to the opposite parties to pay to the second complainant a sum of Rs. 2,00,000/- and costs for the negligence of the opposite parties resulting in the death of the second complainant's daughter aged about one year. 2. The case of the complainants as unfolded by the averments made in the complaint is that one Karunya one year old daughter of the second complainant was brought to Dr. D. Ramesh the third opposite party at about 8.00 a.m.on 5.10.1992 for medical treatment, that the third opposite party admitted her in Healing Touch Hospital at Secunderabad i.e., second opposite party which is managed by the first opposite party, that the third opposite party after advising the junior Doctor to put the baby on oxygen left ...


Apr 13 1999

M/S. Maruti Udyog Limited Vs. Dr. D. Sujana and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Apr-13-1999

S. Parvatha Rao, President: 1. We do not find that any sufficient cause is made out for condoning the delay of 61 days in presenting the appeal, FA SR. No. 3445/1998 by the 2nd opposite party in OP. No. 246/1997 questioning the order of the Cuddapah District Forum dated 19.8.1998. The order of the District Forum was admittedly despatched on 29.8.1998 and it must have been received soon thereafter. It was also stated in the affidavit in support of the present application for condoning the delay given by the Company Secretary and Chief Legal Officer of the petitioner Company (2nd opposite party) that the Companys Counsel sent the grounds of appeal, order copy and stay petition on 15.9.1998 itself. The appeal was presented before this Commission on 30.11.1998. The reason for the delay was stated to be misplacement of the papers and that after it was traced the appeal was presented. This establishes clear lack of diligence on the part of the petitioner. We are, therefore, satisfied that no...


Apr 12 1999

Thottempudi Ammaji Vs. Convention of Baptist Churches of Northern Cira ...

Court: Andhra Pradesh

Decided on: Apr-12-1999

Reported in: 1999(3)ALD242; 1999(3)ALT141

ORDER1. In this revision petition, the order of the senior Civil Judge, Srikakulam dated 1-3-1999 passed in IA No,78 of 1999 in OS No.3 of 1994 is challenged.2. The facts relating to this revision petition will be stated briefly as under:The petitioner herein is the 14th defendant in the suit before the trial Court. The first respondent herein (first plaintiff) and others filed the suit against the petitioner and 53 others for declaration and for other reliefs relating to the disputes among the members of Convention of Baptist Churches of Northern Circars. After the defendants appeared and when the suit was coming up for filing written statements, the petitioner herein who is the 14th defendant in the suit was set ex parte as she failed to attend the Court on19-12-1995 and as written statement was not filed on that day. After the other defendants had filed the written statements, the Court framed 16 issues and posted the matter for trial. When the suit as posted for trial, the plaintif...


Apr 12 1999

Gade Lakshmi Mangaraju @ Rajesh Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Apr-12-1999

Reported in: 1999(3)ALD452; 1999(1)ALD(Cri)788; 1999(2)ALT(Cri)25; 1999CriLJ4849

ORDERVaman Rao, J. 1. The Criminal Appeal No.1248 of 1997 has been filed by A1 in SC No.163 of 1994 and Criminal Appeal No. 1732 of 1997 has been filed by A2 in SC No.24 of 1997 which arose out of the same crime but was given separate Sessions Case number as it was split up. Under a common judgment in both the Sessions Cases dated 14-8-1997, the learned Sessions Judge found A1 and A2 guilty for the offence under Section 302 of 1PC read with Section 34 of IPC and sentenced them to suffer imprisonment for life and to pay a fine of Rs.500/- and in default to undergo rigorous imprisonment for two months. They have also been convicted for the offence under Section 404 of IPC and sentenced to suffer rigorous imprisonment for two years and topay a fine of Rs. 100/- each and in default to undergo simple imprisonment for one month.2. The facts as disclosed in the evidence of the prosecution may be stated briefly as follows:3. The accused and PWs.1 to 11 and other material prosecution witnesses ...


Apr 12 1999

D. Janardhana Reddy Vs. Regional Transport Authority, Nellore and Othe ...

Court: Andhra Pradesh

Decided on: Apr-12-1999

Reported in: 1999(6)ALD461; 1999(5)ALT773

ORDER1. Mr. Siva Prasad, learned Counsel for the petitioner made a representation on 2-4-1999 requesting this Court to grant permission to withdraw the writ petition on the basis of the instructions purported to have been received by him from the petitioner. I have recorded the said statement and observed that the request of the petitioner for withdrawing the writ petition shall be considered at the appropriate stage.2. The present writ petition is purported to have been filed in public interest for issuance of a writ of mandamus declaring the grant/issue of stage carriage permits on the Nellore Town Service Route, Kalakarula colony to Zakir Hussain Nagar, via, Shivaji Nagar as contrary to law and the notified schemes of nationalisation in G.O. Ms. No.92 of 1991 dated 23-2-1991; G.O. Ms. No.906 dated 24-9-1976, and G.O. Ms. No.175 dated 28-6-1990. The petitioner also obtained an interim order directing respondents 1 and 2 not to issue any stage carriage permits on the said route.3. In ...


Apr 12 1999

Bharat Kumar Modi and ors. Vs. Pennar Paterson Securities Ltd. and ors ...

Court: Andhra Pradesh

Decided on: Apr-12-1999

Reported in: 1999(1)ALD(Cri)749; 1999(3)ALT595; [1999]97CompCas406(AP); 1999CriLJ3803

K.B. siddappa, J.1. These revision cases are connected. Hence, they are disposed of by a common order. 2. Criminal Revision Case No. 267 of 1999 is filed against the order passed in Crl. M. P. No. 3567 of 1998 in C. C. No. 506 of 1997 on the file of XVth Metropolitan Magistrate, Hyderabad. 3. Criminal Revision Case No. 268 of 1999 is filed against the order passed in Criminal M. P. No. 3829 of 1998 in C. C. No. 18 of 1998 on the file of the same Magistrate. 4. Criminal Revision Case No. 269 of 1999 is filed against the order passed in Criminal M. P. No. 383 of 1998 in C. C. No. 19 of 1998 on the file of the same Magistrate. 5. Criminal Revision Case No. 270 of 1999 is filed against the order passed in Criminal M. P. No. 3563 of 1998 in C. C. No. 189 of 1998 on the file of the same Magistrate. 6. Criminal Revision Case No. 271 of 1999 is filed against the order passed in Criminal M. P. No. 3566 of 1998 in C. C. No. 491 of 1998 on the file of the same Magistrate. 7. In all these revision...


Apr 12 1999

K. Nagamani Vs. Managing Director, A.P. Vikalangula Co-op. Corpn. and ...

Court: Andhra Pradesh

Decided on: Apr-12-1999

Reported in: 1999(3)ALT165

ORDERB.S. Raikote, J.1. Heard.This writ petition is filed for a writ of Mandamus or any other appropriate writ declaring the proceedings No. E1/15925/95/Court/D-87 dated 16-5-1996 of the first respondent as arbitrary and illegal and violative of the principles of natural justice.2. In the affidavit filed in support of the writ petition, petitioner contended that vide proceedings Rc. No. 23/85-86 dated 4-10-1985, he was selected and appointed as Watchman on daily wage basis. Vide subsequent proceedings Rs. No. EE1/C36/TCPC ANR/D-7220 dated 22-4-1987, he was given consolidated pay of Rs. 400/- per month. Later, vide proceedings Rc. No. EE 18/88/D 4407 dated 29-3-1988, his pay scale was fixed at Rs. 740/- to Rs. 1150/- in the post of Watchman. Thereafter, vide proceedings Rc. No. 513/86/A2 dated 1-8-1988, he was transferred and posted as Helper on the existing pay and allowances in Caliper Centre, Anantapur, which was to be started shortly and vide proceedings Rc. No. 863/89/Al dated 23-1...


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