Andhra Pradesh Court June 1999 Judgments

Andhra Bank Vs. Chalasani Nageswara Rao

Court: Andhra Pradesh

Reported in: 1999(3)ALT581

ORDERB. Prakash Rao, J.1. These two appeals arise out of the same proceedings at two different stages. A.S. No. 2539 of 1985 is filed by the defendant-Bank against the judgment and decree in O.S. No. 33 of 1984 dated 19th August, 1985 on the file of the Principal Subordinate Judge's Court, Guntur whereunder the suit for ejectment filed by the respondent-plaintiff in respect of Schedule A and B properties, for recovery of possession and claiming damages was decreed by granting Rs. 57,000/- towards arrears of rent and damages for use and occupation. As regards the future profits, it was held that the same would be determined on a separate application to be filed by the plaintiff. Subsequent to the said decree, on the application filed by the respondent-plaintiff in LA. No. 2447 of 1985, the future mesne profits were determined at the rate of Rs. 9,000/-per month as per the orders dated 19th March, 1987. Aggrieved by the same, the Bank preferred A.S. No. 2290 of 1987.2. The respondent-pla...

L.S. Shankaraiah Vs. LeafIn India Ltd.

Court: Andhra Pradesh

Reported in: 1999(4)ALT588

ORDERJ. Chelameswar, J.1. The present review application is filed seeking the review of the order of this Court passed in Civil Revision Petition No. 3241 of 1997, dated 11-9-1998.2. The respondent herein filed the suit for recovery of amount against the petitioner. During the course of trial of the suit, the respondent filed LA. No. 1372 of 1996 praying the Court below to permit him to lead secondary evidence with reference to a particular document in O.S. No. 2937 of 1994 on the file of the X Assistant Judge, City Civil Court, Hyderabad. The said LA. was allowed by an order dated 8-8-1997. Aggrieved by the said order, the petitioner herein preferred Civil Revision Petition No. 3241 of 1997 before this Court. This said Civil Revision Petition was dismissed by an order dated 11-9-1998 by my learned Brother Mr. Justice R. Bayapu Reddy (as he then was). While dismissing the said revision petition he observed as follows:'...The revision petitioner, who is the defendant, appears to be disp...

P. Reddappa Reddy and ors. Vs. Mandyam Savithramma and ors.

Court: Andhra Pradesh

Reported in: 1999(4)ALT724

ORDERRamesh Madhav Bapat, J.1. The petitioners herein had filed I.P. No. 6 of 1988 in the Court of the Addl. Subordinate Judge, Tirupathi against the respondents 1 to 4 herein. It further appears from the record that one Anandappa, who happens to be the husband of first respondent and father of respondents 2 to 4 herein, had borrowed certain amounts under different pronotes from the petitioners herein. But much prior to the filing of the I.P., Anandappa died and the respondents 1 to 4 herein succeeded to his property. The first respondent before filing of I.P., against her and her children sold away the property to the 5th respondent. Thereafter, the I.P., came to be filed against respondents 1 to 4 and also for declaration that the properties sold by respondents 1 to 4 to the 5th respondent is legally invalid and further prayer was made by the petitioners to set aside the sale. The learned Addl. Subordinate Judge, Tirupathi allowed I.P. No. 6 of 1988. Aggrieved by the aforesaid order,...

A.P.S.E.B. and Another Vs. Uday Kumar Jaiswal

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. FA. IA. No. 1198/1998 is an application for condoning the delay of 41 days in presenting the appeal FA. SR. No. 3209/1998 against the order of the Adilabad District Forum in OP No. 108/ 1997 dated 2.9.1998. In support of this application one Mr. B.S. Ramachandra Rao, Assistant Secretary (Legal) of the petitioner/appellant A.P. State Electricity Board has filed his affidavit dated 14.11.1998. He admits that the certified copy of the order of the District Forum dated 2.9.1998 was delivered on 4.9.1998 itself and that the said order was forwarded to the Board on 10.9.1998 by the Counsel and was received by the petitioner's office on 15.9.1998. Even on that basis the last date for presenting the appeal was 15.10.1998. The appeal was presented on 14.11.1998. The delay was said to be due to pressure of work in the office of the Liason of the Board due to which the Counsel at the State Forum could not be approached till 30.9.1998 and that on 1.10.1998 they obtai...

Mrs. A. Chandrakantha and Others Vs. Life Insurance Corporation of Ind ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. The appellants in this appeal were the complainants in CD No. 61/1996 before the Warangal District Forum and the opposite parties in that CD are the respondents in this appeal. The 1st appellant is the widow of the deceased Sri A. Krishna Prasad and the 2nd and 3rd appellants are their son and daughter repsectively. Sri A. Krishna Prasad took a Jeevan Mitra policy for Rs. 50,000/- which commenced on 15.7.1991 for a term of fifteen years. His proposal in respect of that policy was dated 21.6.1991. He suffered a fall on 2.7.1992 and received a serious head injury. He was hospitalised and later died on 21.7.1992. He had taken two other policies with the 1st respondent i.e. Life Insurance Corporation of India, and the complainants were paid the amounts due under those two policies. In respect of the Jeevan Mitra policy in question the complainants filed their claim statement on 21.11.1994. The respondents repudiated their claim by letter dated 30.9.1995 stati...

R. Surya Kumari Vs. Income Tax Officer, Visakhapatnam and Others

Court: Andhra Pradesh

Reported in: 2000(1)ALD411; [2000]241ITR513(AP)

ORDERP. Venkatarama Reddi, J.1. The petitioner, who is an assessee under the Income Tax Act, questions the order dated 10-12-1998 passed by the 1st respondent herein refusing to issue a certificate under Section 230-A of the Income Tax Act and seeks a direction to the 1st respondent to issue the Clearance Certificate. There is also a further prayer to direct the 3rd respondent (Sub-Registrar, Dwaraka Nagar, Visakhapatnam) to register the sale deed that may be submitted by the petitioner. The impugned order dated 10-12-1998 reads as follows:'With reference to the above subject, I am to inform you that your application for issue of clearance certificate under Section 230-A of the Income Tax Act cannot be entertained because proceedings of the Anti-Corruption Bureau, Visakhapatnam, initiated in your husband,Sri K Mohana Rao's case are pending and as seen from the record, these proceedings do have a bearing on the investment of the property contemplated for sale by you. Further, I have bee...

Toddy Tappers Co-operative Society Vs. Proh. and Excise Superintendent ...

Court: Andhra Pradesh

Reported in: 1999(3)ALD652; 1999(3)ALT669

ORDER1. The petitioner-Society sought for a writ of mandamus or any other appropriate writ , Order or direction declaring the action of the respondents, in not sending second sample bottle of toddy drawn in PRNo.280/97-98 dated 18-6-1998 of Prohibition and Excise Sub-Inspector, Karimnagar to an independent laboratory namely, State Food Laboratory, Nacharam and in suspending the licences of toddy shop Nos.1 to 5 in respect of T.C.S. Karimnagar Group No.III under Section 31(l)(b) of Andhra Pradesh Excise Act (for short, the Act), as illegal, void and contrary to law.2. In the affidavit filed in support of the petition it is staled by the President of the Petitioner-Society that the first respondent granted licences bearing Nos.19, 20, 21, 22 and 23 dated 1-2-1997 for five shops for a period of five years i.e. upto 30-9-2001 for retail sale of toddy and separate ration has been allotted for each toddy shop and all the shops have been distributed among various groups of members, who are ma...

J. Balakrishna Vs. United Bank of India and anr.

Court: Andhra Pradesh

Reported in: 1999(4)ALD22; 1999(4)ALT65; [1999]97CompCas911(AP)

ORDER1. The plaintiff-first respondent-Bank instituted a suit against the second respondent herein in OS No.164 of 1991 in the Court of the Additional Subordinate Judge, Tirupathi for recovery of certain amounts. During the pendency of the suit, two applications were filed by the plaintiff-1st respondent herein bearing 1A Nos.944 and 945 of 1991.2. IA No.944 of 1991 was filed by the plaintiff-Bank under Order 38, Rule 5 of CPC for attachment of schedule mentioned immovable properties of the respondent Nos.2 to 21 herein. The learned Judge by an order dated 16-2-1994 made interim attachment absolute which was granted on 2-8-1991. Aggrieved by the aforesaid order, CRPNo.2097 of 1994 has been filed.3. The plaintiff-1st respondent herein filed IA No,945 of 1991 in the same suit with a prayer to issue prohibitory order attaching the amounts due to the defendant second respondent herein in the hands of the respondents 2 to 21 preventing them from making the payment and to direct them to depo...

Oriental Insurance Co. Ltd., Warangal Vs. Kammidi Rajireddy and Others

Court: Andhra Pradesh

Reported in: II(2000)ACC412; 1999(4)ALD251; 1999(4)ALT274

ORDER1. In both the CMA's Insurance Company is the appellant. The CMA's 46 and 65 of 91 arise out of OP No.229 of 88 and 227 of 88 respectively which were clubbed together and a common order was passed on 30-8-1990. In CMA No.46 of 88 the petitioner Kommireddi Rajireddy who sustained injuries claimedcompensation of Rs.30,000/-, whereas CM A 65 of 91 which arose out of OP 227 of 88 filed by the wife of the petitioner in OP 229/88 claimed compensation of Rs.55,000/- on the ground that by virtue of the accident occurred on 11-4-1988 the child in the womb died. The brief facts of the case are as follows:2. The claimant/petitioner in OP 227/ 88 was resident of Kamareddypalli village and on the date of accident she came to the bus stand of Kamareddypalli to go to Hanamakonda along with her husband Mr. Raji Reddy. The petitioner at that time was carrying nine months of pregnancy, at that time a Jeep bearing No.ATI 4275 going towards Hanamakonda agreed to give lift to both the petitioners/clai...

M. Sayappa Vs. District Judge, District Court, Kurnool and Others

Court: Andhra Pradesh

Reported in: 1999(4)ALD259; 1999(4)ALT315

1. These writ petitions have been filed challenging the orders of the District Judge, Kurnool, appointing some of the writ petitioners on ad hoc basis instead of on regular basis and not appointing some of the writ petitioners to any posts though selected in pursuance of the recruitment notification dated 1-10-1996.2. The District Judge, Kurnool, issued the Notification dated 1-10-1996 calling for applications to fill up the posts in A.P. Judicial Ministerial Service, A.P. General Subordinate Service and A.P. Last Grade Service in the Unit of the District Judge, Kurnool. The said notification was issued notifying the vacancies as per the rules of reservation and the guidelines issued by High Court. The District Judge, Kurnool conducted a written test to the eligible candidates after shortlisting the applications. The District Selection Committee consisting of the District Judge, Addl. District Judge and the Principal Sub-Judge conducted vivavoce to the candidates qualified in the writt...