Andhra Pradesh Court April 1999 Judgments

The Telecom Dist. Manager, Dept. of Telecom and Another Vs. Uppalapati ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. In this appeal the opposite parties in CD No. 245/1997 (appellants before us) question the order of the Ongole District Forum dated 24.10.1998 partly allowing that CD and directing them to pay a sum of Rs. 25,000/- together with interest @ 18% per annum from the date of the order till the date of payment and also costs of Rs. 500/- to the complainant in that CD who is the respondent in this appeal. 2. The case of the complainant was that he was having a telephone for his residence at Addanki and also a telephone for his residence and office at Ongole. Those telephones were provided by the Telecom Department of Union of India represented by the appellants. He was paying the rentals and the bills regularly. His grievance before the District Forum was that in the new directory issued by the Telecom Department for Addanki in the year 1997 his name and Addanki telephone number 63262 were not shown, and that in the new telephone directory issued for Ongole for ...

P. Vanaja Kumari Vs. A.S. Reddy Basha and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. We heard the Counsel for the appellant, Mr. V. Madhusudhan Rao. Respondent, who was the complainant before the District Forum, was served and he sent a written representation. 2. We called for the records of the District Forum because one of the contentions raised by the appellant in this appeal is that the appellant did not receive notice in CDC No. 63/1998 from the District Forum. The record of the District Forum is before us and we find that notices were sent to both the opposite parties and that the notice sent to the second opposite party was returned with the postal endorsement Refused. So Returned to Sender. From the returned cover it is seen that it was sought to be served on her on 6th, 7th, 11th and 13th April, 1998. In the circumstances, we find that the stand taken by the appellant is not correct. As she refused to receive the registered letter containing notice to her, it must be deemed that she received the notice. 3. The complainant approac...

Surapaneni Ram Prasad Vs. Govt. of A.P. and ors.

Court: Andhra Pradesh

Reported in: 1999(3)ALD1; 1999(3)ALT155; 1999CriLJ2852

ORDER1. The petitioner, who is a practising advocate of Vijayawada, questions in this writ petition the appointment of the 5th respondent, who is also an advocate of Vijayawada Bar, as Additional Public Prosecutor for the Court of II Additional District and Sessions Judge-cum-Metropolitan Sessions Judge, Vijayawada, by the Government in G.O. Rt, No.37, Home (Courts-C) Department, dated 6-1-1997.2. This case has had a chequered history. By G.O. Ms. No. 103, dated 29-2-1996 the petitioner was appointed as Additional Public Prosecutor for the said Court. It was challenged by one Ramesh Chandra Babu in WP No.6353 of 1996. The writ petition was allowed by a learned single Judge of this Court by order dated 18-9-1996 on the ground that Section 24 of the Criminal Procedure Code has notbeen complied with inasmuch as the pane was sent by the District Magistrate without consulting the Metropolitan Sessions Judge, Vijayawada, but only consulting the District Judge, Krishna. The said order was con...

L. Jayasree Vs. Convenor, Eamcet-98, Jntu, Hyderabad and Another

Court: Andhra Pradesh

Reported in: 1999(3)ALD258; 1999(3)ALT171

ORDER1. All these writ petitions relate to the admissions made for the Engineering Course under EAMCET, 98 for the academic year 1998-99 against the seats reserved for NCC category. The main question which arises for consideration is whether NCC certificates obtained after passing of the qualifying examination i.e., Intermediate can be taken into consideration or not for the purpose of making admissions into the Engineering Course under the NCC quota.2. According to the petitioners, qualifying examination is the relevant date for examining the eligibility of the candidates for admission and any certificates obtained or qualifications acquired subsequently cannot be taken into account. According to them, NCC 'A' and 'B' certificates only can be obtained at the Intermediate level and 'C' certificate can be obtained only after completion of Intermediate. So 'C' certificate holders cannot be considered and they are not entitled for any preference over 'A' and 'B' certificate-holders. If 'C...

Sri Rajarajeswari Parboiled Rice Industry, Kombarabanda, Nalgonda Dist ...

Court: Andhra Pradesh

Reported in: 1999(3)ALD309; 1999(3)ALT449

ORDERP. Venkatarama Reddi, J.1. The writ petitioners, almost all of whom are Rice Millers, have filed these writ petitions either questioning the Circular issued by the Commissioner of Commercial Taxes, Andhra Pradesh in CCTs.Ref.A.II (1)/2954/96, dated 24-6-1998 or the assessment orders - provisional or final, made under the A.P. General Sales Tax Act, against them. In some of the assessment years, for instance in WPNo.28355 of 1998, a reference has been made to the Circular of the Commissioner and the claim for exemption was negativatcd on the basis of the said circular.2. The relevant portion of the Circular, which was issued after Clause (ca) was introduced into Section 15 of the Central Sales Tax Act by Finance Act of 1996, reads as follows :'When rice is exported to other countries no tax can be levied on the corresponding value of paddy used after obtaining such rice. This clarification is applicable when rice miller after purchasing paddy converts it into rice and exports the r...

K. Sita Vs. Corporation Bank, East Godavari District

Court: Andhra Pradesh

Reported in: 1999(3)ALD377; 1999(3)ALT443

ORDER1. The short question for decision in this writ petition is whether the respondent-bank, in exercise of the general right of Banker's lien has right to retain the gold ornaments, which were pledged to it by the petitioner for raising a particular loan, even after the discharge of the said loan, for the purpose of recovery of another loan subsequently advanced to the petitioner by the respondent. For a proper appreciation of the question involved, it is necessary to state briefly the facts of the case.2. On 24-6-1995 (sic) the petitioner took an agricultural loan of Rs.3,000 from the respondent by pledging certain gold articles. In the year 1989 she repaid half of the said loan and the balance including interest as on 2-10-1989 was only Rs.2,765/-. On 8-9-1990 the petitioner was given credit for a sum of Rs.2,765/- under the Central Agricultural Debt Relief Scheme. Thus the said loan stood practically discharged. Meanwhile on 4-1-1986 the petitioner contracted another loan of Rs.21...

Nikkanti Ramakrishna Vs. Atmakuri Sasikiran and Others

Court: Andhra Pradesh

Reported in: 1999(3)ALD8; 1999(3)ALT264

ORDER1. This revision petition is directed against the order passed by the Subordinate Judge, Tanuku, in CMA No.45 of 1997 dated 22-12-1998.2. It is no longer in dispute before me that the suit accommodation is a non-residential building and the petitioner was a tenant. Respondent Nos.1 to 4 are the children of the deceased late Rangaraju, respondent No.5 is his wife and respondent Nos.6 and 7 are his brothers. The said Rangaraju had filed an application for ejectment of respondent Nos.8 and 9, alleging that they were his tenants, on the ground of wilful default and bona fide need of the suit accommodation for starting new business after demolition of the suit accommodation and its re-construction, because it had become dilapidated. The petitioner got himself impleaded as a parly to the case on the ground that he was the real tenant in respect of the suit accommodation. After examination of late Ramaraju, he expired and respondent Nos. 1 to 7 were impleaded as applicants in his place. ...

Y. Krishnaiah Vs. Commissioner of Collegiate Education and Others

Court: Andhra Pradesh

Reported in: 1999(3)ALD565; 1999(3)ALT455

ORDERN.Y. Hanumanthappa, J 1. Since both these appeals arise out of a common order of the learned single Judge dated 7-6-1997 and as they involve consideration of common questions of fact and law, they were heard together and we propose to dispose of the same by this common Judgment.2. Writ Appeal No.485 of 1997 is filed against the order in WP No.2631 of 1997 while Writ Appeal No.486 of 1997 is filed against the order in WP No.3894 of 1997.' One Sri I. Somasekhara Setty was the petitioner in both the writ petitions. For the purpose of convenience, the parties will be referred to as arrayed by the learned single Judge in the impugned order.3. A few facts which are necessary for the purpose of disposal of these appeals are as follows: The petitioner is the Secretary and Correspondent of Sri Vasavi Kanyakaparameswari Arts, Science and Commerce College, Markapur, having been elected to the said post in the elections held to the Management Committee of the College on 21-10-1993. The instit...

Chand Basha and Others Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 1999(3)ALD505; 1999(1)ALD(Cri)800; 1999(3)ALT604; 1999(2)ALT(Cri)423; 1999CriLJ3441

ORDERMotilal B. Naik, J.1. Theappellants 1 to 3 herein are the accused in SC No.276 of 1997 on the file of the Additional Sessions Judge, Hindupur. A1 was tried on a charge under Section 302, IPC and A2 and A3 on a charge under Section 302 read with Section 107, IPC. They were found guilty and convicted and sentenced lo suffer imprisonment for life under Seclion 302, IPC by the judgment of the trial Court in SC No.276 of 1997 dated 9-9-1998.2. The gravamen of the charge against the accused-appellants is that on 20-11-1996, around 10.30 p.m. while A2 was passing on the rastha in front of the house of the deceased, an altercation took place over the barking of a dog at A2 in which A2 and A3 held the deceased and A2 stabbed him on his vital parts resulting in his death.3. In order to justify the charges against the accused, the prosecution examined as many as eight witnesses Exs.Pl to P8 and Exs.C1 to C3 - wound certificates issued to A1, A3 and A3 were also marked by the Court in respect...

Mocherla Subba Rao Vs. Seema Trading Corporation and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. In this O.P. the complainant complained that the opposite parties took him for a ride and left him in the lurch which resulted in his incurring loss and seeks directions to the opposite parties to make good the loss suffered by him and also refund the deposit said to have been made by him to the opposite party No. 1 through opposite party No. 4. The crucial question that arises in this O.P. is whether the complainant could fit himself into the definition of Consumer under the Consumer Protection Act, 1986. We find that on the facts of the case the complainant does not fall within the definition of Consumer. 2. The facts in brief as narrated by the complainant in his complaint are that he approached the 4th opposite party enticed by an advertisement in the newspapers got issued by the 1st opposite party for applications for appointment as distributing agents for Seema Cooking Gas and the pamphlets distributed by the 3rd opposite party, of which the 4th opp...