Andhra Pradesh Court June 1999 Judgments

Nimmagadda Jagajjanani Vs. Nimmagadda Apparao

Court: Andhra Pradesh

Reported in: 1999(4)ALD418; 1999(4)ALT564; II(1999)DMC728

ORDER1. This petition is directed against the order dismissing an application for condonation of the delay of 593 days in filing the application to set aside an ex parte decree of divorce. This is an unfortunate case, where there was estrangement between the husband and wife after they lived together for about 19 years after their marriage and they begot two children, who are now aged 24 and 25 years. The husband filed OP No.40/91 on the file of the senior Civil Judge, Gudiwada seeking divorce on the ground of cruelty on the part of the wife. The wife put in appearance by engaging an advocate, but as she failed to file a counter-affidavit despite grant of adjournments repeatedly, she was set ex parte on 20-11-1991 and an ex parte decree of divorce was passed on 4-3-1992. According to the wife she couid not file the counter in the main case as she fell down from the terrace and sustained serious spinal injury which necessitated her hospitalisation for a long time. According to her, she ...

Parsi Zoroastrian Anjuman of Secunderabad and Hyderabad and Others Vs. ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD482; 2000(1)ALT256

ORDERB. Subhashan Reddy, J.1. Atissue, in these two writ petitions, is whether Parsi Zoroastrian Anjuman of Secunderabad and Hyderabad, is a charitable institution coming within the purview of Andhra Pradesh Hindu Religious Institutions and Endowments Act, 1987.2. The cause of action for the above two writ petitions is the order dated 28-3-1995 passed by the Assistant Commissioner of Endowments, Twin Cities, Hyderabad-the 2nd respondent herein-appointing the 3rd respondent, namely, Dr. F.D. Vakil, as the single Trustee of the above Trust. The above proceeding was issued on the premise that the above trust is a charitable institution within the meaning of the Act.3. In Writ Petition No.6274 of 1995, the first petitioner is the Anjuman Trust, while the petitioners 2 to 6 are the trustees. In Writ Petition No.13135 of 1995, the petitioner is a member of the founder-donor family of the above trust. She has appeared as a party-in-person. In Writ PetitionNo,6274 of 1995, respondents 4 to 7 w...

A. Balaji Agarwal Vs. District Magistrate and Collector, Adilabad and ...

Court: Andhra Pradesh

Reported in: 1999(4)ALD335; 1999(4)ALT726

ORDERMotilal B. Naik, J 1. In this writ pelition, the detention order passed by the first respondent in proceedings No.CS.6/527/ 99, dated 7-6-1999 ordering the detention of Rajkumar Agarwal, brother of the writ petitioner, under the provisions of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 is challenged by the petitioner on various grounds.2. According to the petitioner who is the brother of the detenu, the first respondent-detaining authority has passed the impugned order of detention detaining his brother basing on two grounds/incidents, the first ground being :'On 21-5-1995 at about 6.30 a.m., the Inspector of Police, Vigilance Cell, Civil Supplies Department, Adilabad District intercepted a lorry bearing its Registration No.AAA-7844 with 100 qtls. of rice at Bhainsa-Belthoroda Road proceeding towards Maharashtra State. Perusal of the release certificate issued by the Collector, Nizamabad disclosed that the same was issued in the ...

Union Bank of India, Eluru Vs. Koduri Veera Raghavayya and Others

Court: Andhra Pradesh

Reported in: 1999(5)ALD234

1. Since a common question of law arises in all these six appeals, they are heard together and are beingdisposed of by this common judgment.2. AS No.3242 of 1985 is filed by the Union Bank of India against the judgment and decree in OS No.247 of 1982 dated 19-11-1983 on the file of the Subordinate Judge, Eluru, whereby the suit filed by the Bank claiming a sum of Rs.15,178-45 on the basis of a pro-note, further advances and on the basis of an equitable mortgage was partly decreed. However, as regards the interest by placing reliance on the judgment in Indian Bank, Alamuru v. Muddana Krishna Murthy, 1983 (1) ALT 357, the debt was scaled down and traced back under the provisions of the Andhra Pradesh (Andhra Area) Agricultural Relief Act, 1938, Act 4 of 1938 (herein after referred to as the Act No.4 of 1938).3. AS No.3511 of 1985 is filed by the Andhra Bank against the judgment and decree in OS No.158 of 1982 dated 5-11-1984 on the file of the SubordinateJudge, Eluru whereby the suit fil...

Union Bank of India (Uoi) Vs. Koduri Veera Raghavayya and ors.

Court: Andhra Pradesh

Reported in: [2000]101CompCas338(AP)

B. Prakash Rao, J. 1. Since a common question of law arises in all these six appeals, they are heard together and are being disposed of by this common judgment.2. A. S. No. 3242 of 1985 is filed by the Union Bank of India against the judgment and decree in O. S. No. 247 of 1982 dated November 19, 1983, on the file of the Subordinate Judge, Eluru, whereby the suit filed by the bank claiming a sum of Rs. 15,178.45 on the basis of a pro note, further advances and on the basis of an equitable mortgage was partly decreed. However, as regards the interest by placing reliance on the judgment in Indian Bank v. Muddana Krishna Murthy [1983] 1 ALT 357, the debt was scaled down and traced back under the provisions of the Andhra Pradesh (Andhra Area) Agricultural Relief Act, 1938 (Act 4 of 1938), (hereinafter referred to as Act No. 4 of 1938).3. A. S. No. 3511 of 1985 is filed by the Andhra Bank against the judgment and decree in O. S. No. 158 of 1982, dated November 5, 1984, on the file of the Su...

Union Bank of India and ors. Vs. G. Shiva Reddy and ors.

Court: Andhra Pradesh

Reported in: 1999(3)ALT719

B. Prakash Rao, J.1. Since a common question of law arises in all these six appeals, they are heard together and are being disposed of by this common judgment.2. A.S. No. 3242 of 1985 is filed by the Union Bank of India against the judgment and decree in O.S. No. 247 of 1982 dated 19-11-1983 on the file of the Subordinate Judge, Eluru, whereby the suit filed by the Bank claiming a sum of Rs. 15,178-45 on the basts of a pro-note, further advances and on the basis of an equitable mortgage was partly decreed. However, as regards the interest, by placing reliance on the judgment in Indian Bank, Alamuru v. Muddana Krishna Murthy, 1983 (1) ALT 357, the debt was scaled down and traced back under the provisions of the Andhra Pradesh (Andhra Area) Agriculturists Relief Act, 1938, Act 4 of 1938 (hereinafter referred to as the Act No. 4 of 1938).3. A.S. No. 3511 of 1985 is filed by the Andhra Bank against the judgment and decree in O.S. No. 158 of 1982 dated 541-1984 on the file of the Subordinat...

M/S. Regency Ceramics Limited Vs. the Managing Director, Central Wareh ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. We are clearly of the view that this Commission has no jurisdiction to entertain this complaint in view of the admitted fact that the dispute relates to the storage charges claimed by the Madras unit of the Central Warehousing Corporation (CWC for short) where the machinery imported by the complainant from Italy were stored for some time. According to the complainant the imported machinery were received at the Madras port during September, 1991 and July, 1992 and were stored in the godowns of the C.W.C. at Madras awaiting customs clearance. Customs clearance was given only about the middle of 1994. The complainant had to pay the storage charges to C.W.C. before it could lift the machinery from the godowns. The godown charges depended on the area occupied by the machinery. According to the complainant the area occupied by it was only 9,692.76 sq. ft., as determined by the Surveyor appointed by C.W.C. itself whereas the C.W.C. claimed that the area occupied...

N. Satyanarayana Murthy Vs. General Manager (Ps), Syndicate Bank, Mani ...

Court: Andhra Pradesh

Reported in: 1999(3)ALD629; 1999(3)ALT724

ORDER1. The petitioner was dismissed as a disciplinary measure by the respondents-Bank management on 28-2-1973. Having failed to secure relief at the hands of the appellate authority within the administration, he has filed this writ petition assailing the validity of the disciplinary action taken by the Bank's management. This case is coming up before the Court for final hearing after a lapse of more than 26 years after the Bank's management took disciplinary action against the petitioner.2. This case has had a long history. As pointed out supra, the petitioner was dismissed from service on 28-2-1973. It appears that when the petitioner's appeal against the order of disciplinary authority was pending within the administration, the petitioner approached the Authorities under the A.P. Shops and Establishment Act. The Authorities under the A.P. Shops and Establishment Act granted the relief to the petitioner setting aside the disciplinary action taken by the management on 28-2-1973. The B...

Lanco Constructions Ltd., Hyderabad Vs. Govt. of A.P., Irrigation and ...

Court: Andhra Pradesh

Reported in: 1999(4)ALD5; 1999(4)ALT176

1. The proceedings issued by the 5th respondent No.SE/SRBC-3/Nd1/ DB/D1/FP/12/320-M, dated 18-12-1998 rejecting the tender of the petitioner is assailed in this writ petition.2. The relevant facts leading to the filing of the writ petition are as follows :The World Bank has released certain funds to the Government of Andhra Pradesh towards the construction of the Irrigation Projects. Accordingly, various irrigation projects were notified by the Government for construction. Srisailam Right Bank Canal is one such project, which is constructed with the credit assistance with the World Bank. The 5th respondent invited National competitive Bidding on 16-10-1997 for 'work of construction of OWK Reservoir Complex from Km. 116.481 to Km. 119.717 of SRBC comprising of Paleru Earth Dam, Gollaleru Earth Dam with Spillway and Thimmaraj Earth Dam with Head Regulator' (hereinafter called Package XII). Number of intending bidders obtained the tender documents and submitted their respective bids to th...

Ponnam Chandrasekhara Rao and Others Vs. State of A.P. and Another

Court: Andhra Pradesh

Reported in: 1999(4)ALD113; 1999(4)ALT133

ORDER1. This Civil Revision Petition is filed against the order passed by the Land Reforms Appellate Tribunal, West Godavari at Eluru dismissing the application filed by the petitioners under Rule 16(7) of the A.P. Land Reforms Rules seeking to impiead themselves as respondeThursday, June 19, 2003nts in the main appeal, to enable them to putforth their claims before the Appellate Tribunal and adduce the evidence in support of their claim. The 2nd respondent filed a declaration under the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short 'the Act') in respect of the lands held by his family unit. In the said declaration the 2nd respondent included the lands held by the petitioners herein describing them as his minor sons and wife. After due enquiry, a final determination under Section 9 of the Act was made determining the surplus land held by the family unit and notices were issued to the declarant to give a statement of lands proposed to be surr...