Andhra Pradesh Court July 1999 Judgments
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Venkateshwara Foods and Feeds, Thimmapur Vs. Divisional Engineer, Elec ...
Court: Andhra Pradesh
Decided on: Jul-15-1999
Reported in: 1999(4)ALD408
ORDER1. This writ petition is directed against the order of the first respondent in his letter No.DEE/OP/JDL/AAE-CL/F.Dkt/ D.No.728 dated 6-6-1998 demanding a sum of Rs.3,68,587.05 ps. towards H.T. Charges from February, 1990 to December, 1996, as illegal and arbitrary.2. The brief facts of the case are that the petitioner is a firm engaged in manufacture of poultry feed and its factory is situated in Timmapur village. It is stated that the petitioner firm is having two service connections i.e., SC No.300 and 302 of 50 HP each for the purpose of industrial use. One such service connection is meant for the factory and the other for laboratory. It is further stated that keeping in view the expansion of the factory, on 20-12-1995 an application was made for H.T. supply instead of L.T. supply to the petitioner firm. In pursuance of the application, the Divisional Engineer, Electrical, the first respondent herein addressed a letter No.DEE/ OP/JDL/AAE/CL/HT/VF&F;/D.N0.2774 dated 7-9-1996, th...
Nalivela Komaraiah and Others Vs. Gannu Nagamani and Another
Court: Andhra Pradesh
Decided on: Jul-15-1999
Reported in: 1999(4)ALD483; 1999(4)ALT595
1. The Civil RevisionPetition is filed under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, against the order and decree of the learned Principal Senior Civil Judge, Warangal in CMA No.15/96 setting aside the order and decree of the learned Principal District Munsif, Warangal in RCC No.34/ 1984, dated 22-7-1996.2. The petitioners are the tenants and respondents in RCC No.34/1984. Anapplication was filed by the landlord Ravulapalli Basavalingam in RCC No.34/ J984 seeking eviction of the respondents/ tenants on the ground of sub-lease, wilful default and bona fide requirement. However, during the pendency of the application, the landlord died and consequently, the LRs were brought on record. The application was resisted by the tenants. One witness was examined for landlord and four witnesses were examined for tenants. Ex.A1 to A14 were marked for the landlord while Ex.B1 to B93 were marked for tenants. The learned Rent Controller after considering the evidence a...
Dhirendra Kumar Singh and Others Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Jul-15-1999
Reported in: 1999(4)ALD452; 1999(2)ALT(Cri)312; 1999CriLJ4421
ORDER1. This petition is filed under Sections 437 and 439 of Cr.PC for grant of bail.2. The petitioners are accused 1 to 3 respectively in Crime No.34 of 1998 on the file of Malkapuram Police Station, Visakhapatnam registered for the offences under Sections 392 and 342 of 1PC and Section 25(1-B)(A) and Section 27 of the Arms Act, 1959. The petitioners are said to be the permanent employees of Indian Navy at Visakhapatnam. The allegations against the petitioners are that on 4-6-1998 at about 7.20 p.m. the accused entered into Andhra Bank Extension Counter, INS Veerababu,Malkapuram with country made pistols and knife etc., and threatened the Bank Branch Manager and the Cashier at the point of pistol and committed theft of cash of Rj.2,54,37!/- from the Bank and escaped with the said amount on an un-numbered Bajaj Chetak 'scooter. According to the prosecution, at the time of commission of offence, the petitioners were wearing masks lo conceal their identity. It is stated that the petition...
Lugalapu Jaya Ramesh Vs. Convenor Osmania University, Hyderabad and Ot ...
Court: Andhra Pradesh
Decided on: Jul-15-1999
Reported in: 1999(4)ALD380; 1999(4)ALT590
ORDER1. Questioning the action of the respondents in refusing admission to the petitioner in BCA course for theacademic year 1998-1999 on the ground that the Officer deputed by the Director of Backward Class We I fare rejected the Caste Certificate produced by the petitioner on the ground that the candidate belongs to other than the two Districts of Srikakulam and Visakhapatnam where the community is predominently inhabitated and as such his case cannot be considered under reserved category. The fact remains (hat a person born in a particular community will carry the caste till his death, whether lie is a resident of that particular area .where tiic community is predominently inhabitated or not. Merely, because he migrated from that place, he do not lose his caste. On the oilier hand, under Article 19(1)(g) Freedom of Movement is guaranteed 10 all the citizens. In other words, a citizen of this country can shift his residence from one place to the other without any inhabitations. On sh...
S.M. Haneef Vs. Transport Commissioner, Govt. of A.P. and Others
Court: Andhra Pradesh
Decided on: Jul-15-1999
Reported in: 1999(5)ALD228
ORDER1. Aggrieved by the action of the respondents in not granting special permit under Section 88(8) of the Motor Vehicles Act, 1988, for the idle vehicles owned by the petitioner, from time to time, the present writ petition has been filed.2. Heard the Government Pleader for Transport.3. In the counter-filed by the respondents it is stated that the vehicles owned by the petitioner are covered by All India Tourist Permits, which are going to expire in the year 2000, As long as the vehicles are covered by All India Tourist Permit, the petitioner has to pay tax per vehicle at the rate of Rs.2,500/- per seat per quarter, which comes to Rs.85,000/- per quarter. But, subsequently, the petitioner, got cancelled the All India Tourist Permit on 5-8-1998 on the ground that there was no tourist business. It is the case of the respondents that to avoid tax, the petitioner adapted this method of plying the vehicle continuously on the route Hyderabad to Bombay and vice-versa, by obtaining temporar...
Kojjarapu Venkata Rao Vs. Rajapudi Nageswara Rao and Others
Court: Andhra Pradesh
Decided on: Jul-15-1999
Reported in: 1999(5)ALD478; 1999(5)ALT359
1. The CRP is filed against the orders of the learned District Munsif, Pithapuram in IA No.18 of 1997 in OS No. 106 of 1996 dated 10-4-1997.2. The petitioner is the defendant. Plaintiffs filed suit for declaration that the entries in Pattedar Pass Book were erroneous and false and for consequential direction for rectification of Records of Rights after proper enquiry. The Court fixed the date of appearance of defendant on 7-11-1996 and accordingly summons were issued and served. But, however, the matter was adjourned to 30-12-1996 for filing the written statement.3. It is the case of the petitioner that the written statement was prepared, signed and was handed over to the Counsel. But, however, on the said date, the Counsel was not present in the Court when the matter was called and he could not file the written statement which was available with him. Therefore, the lower Court set the defendant ex parte. On 31-12-1996, the defendant filed an application IA No.18 of 1997 to set aside t...
Kodavandla Imam Saheb Vs. Shaik Nayab Rasool and ors.
Court: Andhra Pradesh
Decided on: Jul-15-1999
Reported in: 1999(5)ALT2
ORDERB.S.A. Swamy, J.1. Aggrieved by the order of the Junior Civil Judge, Badvel in I.A. No. 1238 of 1998 in OS. No. 260 of 1998, dated 27-11-1998, in dismissing the application filed by the petitioner to frame preliminary issue and decide whether the suit is maintainable on the principle of res judicata in the light of the judgment in Ramthu Vasha v. Kodavandla Imam Shah and others (S.A. No. 369/92, dismissed on 22-9-1998), the present revision has been filed. 2. Heard the Counsel for the respondents.3. I have gone through the order of the Court below. The reasons given by the Court below in dismissing the application are not sound in law. When the case of one of the parties of the suit is that the subject matter is covered by a decision of the highest Court of the State, the Court below is bound to consider this issue as a preliminary issue and decide the same before taking up the trial. By doing so, the Court will be saving much of its time in examining the witnesses on both sides a...
Batchigari Subba Rao and anr. Vs. A. Amarnath and anr.
Court: Andhra Pradesh
Decided on: Jul-15-1999
Reported in: I(2000)ACC588; 1999(5)ALT651
E. Dharma Rao, J.1. This Civil Miscellaneous Appeal was filed against the judgment and decree dated 31-8-1991 in O.P. No. 61 of 1991 on the file of the Motor Accidents Claims Tribunal-cum-I Addl. Dist. Judge, Cuddapah.2. The above O.P. was filed seeking compensation of Rs. 25,000/- for the death of the deceased Batchigari Sarasa Nagaswathi on 29-12-1990 at about 9.00 A.M. near I.T.I, junction on Kurnool-Chittoor Road, on account of the accident occurred due to the rash and negligent driving of the driver of the lorry bearing No. ABK 8689.3. The Tribunal has examined P.W.I B. Subba Rao, the father of the minor petitioner herein, and marked, Exs.A-1 to A-24. After evaluating the oral and documentary evidence, the Tribunal held that she died in the accident due to the rash and negligent driving of the lorry after sustaining injuries and therefore, the Tribunal awarded a sum of Rs. 5,000/ - with interest at 12% p.a. from the date of the petition till realisation.4. Against this judgment an...
Oriental Insurance Co., Ltd., Hyd. Vs. Mohd. Abdul Quadir and Another
Court: Andhra Pradesh
Decided on: Jul-14-1999
Reported in: I(2000)ACC608; 2000ACJ1517; 2000(3)ALD41; 1999(5)ALT652
ORDER1. This appeal by the InsuranceCompany arises out of the order dated 13-8-1992 in OP No.84l of 1989 on the file of the Motor Vehicles Accidents Claims Tribunal-cum-Additional Chief Judge, City Civil Court, Hyderabad (Temp.).2. The second respondent herein filed the OP seeking compensation for the injuries received by her in an accident that occurred on 12-5-1989 at about 8.15 p.m., caused due to the rash and negligent driving of the driver of the Scooter Bearing No.ADU 9578 belonging to the first respondent herein, and allegedly-insured with the appellant. The first respondent remained exparte. The appellant-Insurance Company filed its counter denying insurance of the offending vehicle with it and putting the injured-2nd respondent to proof of the allegations in the petition.3. In support of the case of the second respondent, two witnesses were examined and the FIR and the discharge and follow up card relating to the second respondent were marked as Exs.P1 and P2. The Tribunal pas...
Vst Industries Ltd., Hyd. Vs. Arbitrator-cum-divisional Engineer (Arbi ...
Court: Andhra Pradesh
Decided on: Jul-14-1999
Reported in: 1999(4)ALD207; 1999(4)ALT258
ORDER1. The petitioner is a subscriber of the Telephone Department. He has two telephones bearing Nos.238709 and 215449 with regard to which a dispute had arisen. The petitioner was asked to pay the bill amount by or before 15-12-1998. He filed a writ petition against that notice being WP No.34480 of 1998 which was decided by this Court on 15th December. 1998. While disposing of the writ petition this Court directed the petitioner Company to deposit one third of the disputed amount and also directed that a reference be made to an arbitrator. The following five directions were given by the Court :'(i) the petitioner-Company shall file an application before the General Manager, Hyderabad Telephones to refer the matter to arbitration; (ii) On receiving such application, the respondent shall address the Central Government for appointment of an arbitrator, preferably an Officer not belonging to the department as justice is not only to be done but should appear to be done. (iii) on receiving...
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