Andhra Pradesh Court July 1999 Judgments
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R. Venkateswara Rao Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Jul-14-1999
Reported in: 1999(4)ALD432; 1999(5)ALT71; 1999CriLJ4478
ORDER1. The petitioner is Managing Partner of M/s. Urvasi Enterprises. The said firm is running three theatres i.e.Ramba, Urvasi and Menaka Theatres in Rajahmundry. There were certain differences between the petitioner and among other partners. This ted to a serious quarrels and altercations between Sri Kurma Rao and his sons on one side and the petitioner and his group on the other side. It is even alleged that on 28-4-1996 the opposite group assaulted him causing grievous injuries and the same was reported to the Police, The petitioner's weapon bearing Arms Licence No.222/l/RMY was deposited with the Police as per the orders of the Government. When he tried to get the gun released, his opponent filed a writ petition which was dismissed. Thereafter, the District Magi strafe/Collector, East Godavari also recommended for release of the weapon to him. However, the weapon was not released to him.2. The petitioner states that there is a serious threat to his life, by the opposite group. Th...
Hamid Binesa and Another Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jul-14-1999
Reported in: 1999(4)ALD327; 1999(2)ALD(Cri)798; 1999(2)ALT(Cri)156
ORDER1. This petition has been filed questioning the order of the learned HIAdditional Metropolitan Sessions Judge, Hyderabad passed in Crl. MP. No.670 of 1999 in SC No.96 of 1996 permitting to mark a photo-stat copy of an agreement of sale which is said to be relevant for the purpose of the case.2. It appears XXI Metropolitan Magistrate made a complaint under Section 340 of Cr.PC against the petitioners herein in respect of offence under Section 195 of IPC. It is alleged in that case that they have given false evidence in respect of an agreement of sale. While sending a copy of complaint, the learned Magistrate enclosed a photo-stat copy of the said agreement of sale with a further observation that the original will be sent as and when called for.3. When the Sessions case came up for trial, on behalf of the prosecution a petition was filed seeking permission to lead secondary evidence and get the photostat copy of the agreement of sale in question admitted in evidence by marking it as...
Kudumu Veeraswamy Vs. Gunam Veerraju and Another
Court: Andhra Pradesh
Decided on: Jul-14-1999
Reported in: 1999(5)ALD30
Judgment1. This Civil Miscellaneous Appeal was filed against the order passed in IA No.252/1991 in OP (SR) No.1835/1991 on the file of the Motor Accidents Claims Tribunal Cum-District Judge, East Godavari at Rajahmundry.2. The above said IA was filed to condone the delay of 2 years and 215 days in filing the OP. When the IA came up for consideration, on 5-8-1991 the learned District Judge dismissed the same on the ground that there is delay of 2 years and 215 days in filing the OP claiming compensation in respect of the accident that occurred on 10-2-1988 and the petition was presented before the District Judge on 13-3-1991. The learned District Judge in his order observed that the Amended provisions of the Motor Vehicles Act (hereinafter referred as the Act) came into force with effect from 1-7-1989, Section 166(3) thereof contemplates that the application for compensation has to be made within a period of six months from the date of accident. The said provision enables the claims Tri...
M.S. Nageswara Rao and Others Vs. Secretary to Govt. of A.P., Irrigati ...
Court: Andhra Pradesh
Decided on: Jul-14-1999
Reported in: 1999(4)ALD443; 1999(4)ALT634
ORDERM.S. Liberhan, CJ 1. The factual matrix is not in dispute. Voluntary retirement scheme was floated in which one of the terms is that an employee of the A.P. State Irrigation Development Corporation Limited (for short 'the Corporation') can seek voluntary retirement which will be granted subject to the release of funds by the State Government to the Corporation. Pursuant to the said voluntary retirement scheme the appellants sought retirement in October, 1998 which was accepted and in respect of the 1st appellant herein it was accepted on 3-11-1998 subject to the release of funds and pending disciplinary proceedings, if any. The appellants accepted the said orders. Since funds were not released the appellants are continued to be in service. It is on 2-3-1999 that the 1st appellant reconsidered his decision and sought to withdraw the voluntary retirement which has been declined. Likewise, the other appellants also sought to withdraw the voluntary retirement and their requests have a...
Reddy and Company Contractors, Nizambad Vs. Apsrtc, Administrative Off ...
Court: Andhra Pradesh
Decided on: Jul-14-1999
Reported in: 1999(5)ALD49; 1999(4)ALT632
ORDER1. Heard the learned Counsel of the parties.2. The applicant-contractor was awarded contract for construction of garage and annexure rooms under agreement No.10/CCE/11/88-89 dated 28-6-1988, construction of certain other items vide agreement No.CCE/EE/KMNR/AGT ( ) 89-90 dated 26-4-1989, and for filling, levelling, soling, metalling and kerbing etc., under agreement No.CEN/EE/Agreement/ (83)-89-90 dated 22-12-1989. The work was to be completed on 1-5-1989, on 25-10-1989, and 21-2-1990 respectively, but time was extended and the works were completed on 31-3-1992.3. In respect of claim under the agreement for construction of garage and anuexure rooms i.e. under the first agreement, the applicant-contractor, when approached the 3rd Respondent, the same was entered upon reference, and for the other two claims, which were lodged by the applicant-contractor, the named arbitrator refused to adjudicate the disputes on the ground that Executive Engineer, Karimnagar, though was a necessary a...
United India Insurance Co. Ltd., Cuddapah Vs. Gali Venkataiah and Anot ...
Court: Andhra Pradesh
Decided on: Jul-14-1999
Reported in: II(2000)ACC257; 1999(5)ALD616; 1999(5)ALT641
1. The United India Insurance Company Limited is the appellantin this Civil Miscellaneous Appeal which is tiled against the judgment and decree in OP No.117 of 1989 dated 19-10-1990 passed by the Motor Accidents Claims Tribunal, Ongole.2. The main ground raised in this CMA is that the Insurance Company cannot be fastened with the liability even to the extent of Rs.12,000/-, when the insurance policy did not cover the liability of the persons involved in the accident, who were travelling as passengers and not as owners of the goods.3. Brief facts of the case are that the petitioner in the OP, who is the resident of Neredupalli village in Pedacherlopalli Mandal, is a vessel repairer earning Rs.800/-per month. He and some other went to Pangatigudem on vessels work and were coming to their native place. On 18-3-1989, he and other persons got into the lorry AAD 3645 belonging to the 1st respondent (2nd respondent herein) at 12 noon at Eluru to got to Singarayakonda. It is further stated tha...
A.V.G. Marketing Agencies Private Limited Vs. Municipal Corporation of ...
Court: Andhra Pradesh
Decided on: Jul-14-1999
Reported in: 1999(5)ALD577; 1999(5)ALT157
ORDER1. The writ petition is filed by one Messers AVG Marketing Private Agencies Private Limited represented by its Managing Director Sri G. Ashok. The writ petition is filed for a writ of certiorari to call for the records in proceedings Roc No.738/98/A2 dated 3-2-199S issued by the first respondent, the Municipal Corporation of Guntur and for a consequential direction to the respondents to permit the petitioner to carry on business in the premises bearing Shop No.2 situated in Brahmananda Building, Lalapet, Guntur. The writ petition is filed on 28-12-1998 though the petitioner received the impugned proceedings on 14-2-1998.2. The case of the petitioner is that he is engaged in the business of luggage articles. He became a successful lessee of Shop No.2 in Brahmananda building and according to him, he is also carrying on a small tea stallby name Hotel Ashok in the stair case room with the knowledge of the respondents. He was inducted as a lessee in the year 1980 and the lease was bein...
Voltas Ltd. (Formerly Hyderabad Allwyn Ltd.) Vs. Deputy Commissioner o ...
Court: Andhra Pradesh
Decided on: Jul-14-1999
Reported in: [2000]241ITR471(AP)
B. Prakash Rao, J.1. This writ petition is filed against the orders rejecting the application filed for condonation of delay of 26 days in seeking reference under Section 256(1) of the Income-tax Act, 1961. A common order in the appeals filed by the petitioner was passed by the Tribunal on November 25, 1997, for the assessment years 1988-89 and 1989-90 which was received by counsel for the petitioner on December 20, 1997. The last date for filing application seeking reference was February 8, 1998. However, the application was filed on March 6, 1998, with a delay of 26 days and an application seeking condonation of delay was filed along with the affidavit of the clerk working in the office of the petitioner's counsel stating that the delay has occurred as the original order was misplaced in the office on account of white-washing. Soon after it was traced, the reference is sought. In the impugned order, the application for condonation of delay was rejected on the ground that it was not s...
Voltas Ltd. Vs. Deputy Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Jul-14-1999
Reported in: [1999]106TAXMAN361(AP)
Prakash Rao, J. - This writ petition is filed against the orders rejecting the application filed for condonation of delay of 26 days in seeking reference under section 256(1) of the Income-tax Act, 1961 ('the Act'). A common order in the appeals filed by the petitioner was passed by the Tribunal on 25-11-1997 for the assessment years 1988-89 and 1989-90, which was received by the counsel for the petitioner on 20-12-1997. The last date for filing application seeking reference was 8-2-1998. However, the applica~ tion was filed on 6-3-1998 with a delay of 26 days and an application seeking condonation of delay was filed along with the affidavit of the clerk working in the office of the petitioner's counsel stating that the delay had occurred as the original order got misplaced in the office on account of white-washing. Soon after it was traced, the reference was sought. In the impugned order, the application for condonation of delay was rejected on the ground that it was not signed by the...
P. Kanti and Others Vs. Boddu Paidanna @ Rambabu
Court: Andhra Pradesh
Decided on: Jul-13-1999
Reported in: 1999(4)ALD318; 1999(4)ALT261
ORDER1. The judgment in RCA No.31/1988 on the file of Rent Control Appellate Authority-cum-senior Civil Judge, Vizianagaram, dated 26-9-1998 dismissing the appeal and confirming the eviction order dated 22-8-1988 passed by the learned Rent Controller-cum-Principal District Munsif, Vizianagaram, in RCC No.61/1980 is assailed in this CRP, by the legal representatives of the deceased-tenant.2. The respondent-landlord filed the eviction petition against the original tenant mainly on two grounds viz., (1) bona fide requirement of the demised building for personal occupation; and (2) acts of waste and damage to the building. The petition is resisted by the original tenant, who died during the pendency of the petition, before the Rent Controller. In the counter filed on his behalf both the grounds are denied.3. The parties went for trail with the above pleadings. While so, an Advocate-Commissioner was appointed to see and assess the acts of waste attributed to the tenant. The Commissioner sub...
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