Andhra Pradesh Court July 1999 Judgments
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Union of India (Uoi) Rep. by G.M., South Central Railway and ors. Vs. ...
Court: Andhra Pradesh
Decided on: Jul-05-1999
Reported in: 1999(6)ALT402
ORDERC.V.N. Sastri, J.1. The only question which arises in this Civil Revision Petition relates to the power of Arbitrator to grant interest on the amounts found to be due to the contractor.2. It is the contention of the learned Counsel appearing for the petitioner/ Railway that the Clause 16(2) of the Standard General Conditions of Contract prohibits the grant of interest upon the earnest money or the security deposit and the amounts payable to the contractor under the contract and as such, the Arbitrator acted illegally and without jurisdiction in awarding the interest at 18% per annum from the date of Award till the award is made Rule of the Court on the various amounts found due and payable to the contractor. In support of his contention, the learned Counsel for the petitioners sought to place reliance on the judgment of the Supreme Court in Grid Corporation of Orissa Limited and Anr. v. Balasore Technical School, 1999 (3) Supreme To-day 317. In the said judgment it has been held t...
Chote Miyan Vs. Iqbal Begum
Court: Andhra Pradesh
Decided on: Jul-02-1999
Reported in: 1999(4)ALD370; 1999(4)ALT454
ORDER1. This is a petition filed under Section 151 of the Code of Civil Procedure for selling aside the order dated 12-11-1998 in CRP No.3230 of 1997. The tenant is the petitioner herein and the parties will be referred to as tenant and landlady.2. The facts emerging from the affidavit of the tenant which is filed in support of this petition are that the landlady filed RCC No.227 of 1994 on the file of II Additional Rent Controller, Hyderabad, seeking his eviction on the ground of wilful default in payment of monthly rents. After elaborate enquiry, the Rent Controller dismissed the petition holding that there was no wilful default in payment of monthly rents. Her appeal to the appellate authority RA No.562 of 1995 on the file of Additional Chief Judge, City Small Causes Court, Hyderabad also met with the same fate. The landlady preferred CRP No.3230 of 1997 assailing the same.3. The tenant was represented by one Sri Fariduddin, Advocate in this Court. On 12-11-1998, the CRP came up for...
Dr. M. Mohan Babu Vs. Chief Election Commissioner, Election Commission ...
Court: Andhra Pradesh
Decided on: Jul-02-1999
Reported in: 1999(4)ALD458; 1999(4)ALT253
ORDERB. Subhashan Reddy, J 1. This writ petition is filed by Dr. M. Mohan Babu, a Member of Rajya Sablia, impugning the action of the Chief Election Commissioner, 1st respondent herein, in issuing the Order dated 16-1-1998.2. We are not concerned with the political controversies, but will only adjudicate the legal and constitutional questions raised and state only relevant facts for such adjudication.3. The petitioner had announced to observe silence and fast on 2nd October, 1997 (Birthday of Mahatma Gandhi) to invite the attention of the people towards the movement for fighting against the corruption. He made an application to the City Police Commissioner for permission to observe fast at N.T.R Ghat near Tank Bund on the said date. As there was no reply by the Police Commissioner, he had filed WP No. 25199 of 1997 for necessary directions to the City Police Commissioner for grant of permission. Ultimately, the permission was granted to observe fast not at NTR Ghat, but at some other p...
United India Insurance Co. Ltd., Kakinada Vs. Namala China Apparao and ...
Court: Andhra Pradesh
Decided on: Jul-02-1999
Reported in: 2001ACJ313; 1999(4)ALD414; 1999(4)ALT730
1. This appeal is filed by the Insurance Company questioning the award dated 29-1-1994 in OP No.380/91 passed by the Motor Accidents Claims Tribunal-cum-District Judge, Rajahmundry. 2. The facts that led to the filing of the appeal are as follows : The first petitioner is the maternal uncle of the deceased. The second petitioner isthe wife of the first petitioner. The third petitioner is the sister of the deceased Kosuri Raju. They filed a petition under Section 166 of the Motor Vehicles Act for compensation for the death of Kosuri Raju who died on 26-9-1991 in a motor accident, stating that the deceased and another G. Satyanarayana were going to Mandapeta and that when they reached Ippanapadu lock, the tractor-trailer No.AP-5T 1412 and AP 5 1416 was proceeding from Mandapeta to Ippanapadu, driven by the first respondent in rash and negligent manner dashed against the deceased who was going on the left side of the road. The tractor ran over the deceased and he died on the spot. The dec...
Harijana Muddavaram Pedda Madduleti and Others Vs. State of Andhra Pra ...
Court: Andhra Pradesh
Decided on: Jul-02-1999
Reported in: 1999(5)ALD51; 1999(2)ALT(Cri)356
ORDER1. This Criminal Revision Case is directed against the orders of the learned Sessions Judge, Kurnool dated 29-6-1999 passed in Crl. MP No.1518 of 1999 in Sessions Case No.474 of 1996 underwhich the petitioners, accused Nos. 1, 2, 3, 6, 8, 9 and 10 respectively have been remanded to custody by cancelling their bail under Section 437(5) of the Cr.PC.2. The learned Counsel for the petitioners narrated the circumstances underwhich this order has been passed and points out that this order has been passed on the ground of absence of A4 and A5 in respect of whom, on their failure to appear on the scheduled date of hearing, non-bailable warrants were issued and were pending. The learned Counsel for the petitioners contends and rightly so that the learned Sessions Judge passed the impugned order entirely on erroneous grounds.3. It appears that A4 and A5 who are also on bail failed to appear on 21-6-1999 and non-bailable warrants were issued and warrants were not executed and those accused ...
A.P.T.V. Chamber of Commerce Welfare Society Vs. Director, Doordarshan ...
Court: Andhra Pradesh
Decided on: Jul-02-1999
Reported in: 1999(5)ALD445
1. The petitioner, A.P.T.V. Chamber of Commerce Welfare Society, represented by its General Secretary, K.V. Pradeep Kumar, has filed this writ petition to issue a writ of mandamus directing the respondent No.1 to telecast the serialswhich were selected on 1-9-1994 by therespondent No. 1 's Organisation, Doordarshan Kendra, Ramanthapur, Hyderabad.2. The petitioner has stated in his affidavit that the petitioner-society is a registered one with an object to see the interest and welfare of all its members those who are Artists, Cameraman, Makeupman, Producers, Directors and all other persons involved in the making of television serials. It is further averred that the petitioners Society is the only society working for the interest and upliftment of persons who are connected with producing television serials and the strength of the Society is 900 members. Due to the competition in electronic media, the Government of India have decided to improve the quality of Doordarshan programmes and ma...
J. Venkateswara Rao and Others Vs. A.P.S.E.B., Vidyut Soudha, Somajigu ...
Court: Andhra Pradesh
Decided on: Jul-01-1999
Reported in: 1999(4)ALD1; 1999(4)ALT109
ORDER1. The petitioners are the ex-casual labourers. On an earlier occasion, they had filed W.P.No.407 of 1996 in this Court. When that writ petition came up for hearing, it was conceded by the Counselappearing for both the sides that the said writ petition was squarely covered by the Order of this Court in W.P.No.13560 of 1993, dated 7-10-1993. In view of this submission made by the learned Counsel for the parties, the Court disposed of the writ petition on 29-3-1996 issuing a direction to the respondents to consider the case of the writ petitioners for regular appointment to the eligible posts in accordance with the Memorandum No.l 138/85-1, dated 26-8-S985, if they are eligible.2. The petitioners complaining that as per the direction of the Court though they were interviewed, till date their services are not absorbed and nothing was heard from the respondents, filed the instant writ petition seeking intervention of the Court.3. In response to rule nisi, the respondents have filed co...
Ch. Bhaskara Rao and Others Vs. Government of Andhra Pradesh, Irrigati ...
Court: Andhra Pradesh
Decided on: Jul-01-1999
Reported in: 1999(4)ALD193; 1999(4)ALT397
ORDERM.S. Liberhan, C.J. 1. This is one of the litigations in which the petitioners are venturing to gamble in the vagaries by articulating the procedural laws. Petty land of 0.54 cents, 0.66 cents and 0.54 cents of petitioner Nos.l to 3 respectively was acquired vide notification dated 15-7-1993. The petitioner No.2 challenged the same along with others. Having not been successful in getting the notification quashed the petitioner No.2 joining the two other petitioners who, for the reasons best knownto tliem, did not join those earlier petitioners again on 8-12-1998 impugned the said notification. It is not disputed at the Bar that the award has been given on 29-10-1998 and possession has been taken on 14-11-1998 and the writ petition was Hied on 8-12-1998 inter alia challenging (he award of the Land Acquisition Officer on the ground that since no opportunity of hearing under Section 5 of the Land Acquisition Act was given and no notice was served on the petitioners the acquisition su...
Kathala Yellaiah and Others Vs. Kathala Chandraiah
Court: Andhra Pradesh
Decided on: Jul-01-1999
Reported in: 1999(4)ALD233; 1999(4)ALT363
ORDER1. The petitioner-plaintiffs are the appellants in this CMA. This appeal itself is directed against an order passed by the learned Senior Civil Judge, Mahaboobnagar dismissing the application for injunction filed by the appellants hereinagainst the respondents. The trial Court after an elaborate consideration of the matter and upon appreciation of the documentary evidence and material available on record came to the conclusion that the appellants herein are not entitled for any relief of temporary injunction in their favour. In the trial Court, Exs.A1 to A27 were marked on behalf of the appellants herein and Exs.B1 to B8 were marked on behalf of the respondents.2. The appellants herein claimed to be in possession of an extent of Ac.15.09 gts. in Sy. No.144 situated at Chokkalonigudem, Kondurg of Mahaboobnagar District. It is Iheir case that the petition schedule land originally belonged to one Nalamoni Ramaiah and on his death his wife Nalamoni Venkatamma succeeded to the same and...
Sri Sarva Sangha Seva Ashram Vs. District Collector, Visakhapatnam and ...
Court: Andhra Pradesh
Decided on: Jul-01-1999
Reported in: 1999(4)ALD215; 1999(4)ALT505
ORDER1. The petitioner claims to be a society registered under the provisions of the Societies Registration Act. The case of the petitioner, in brief, is as under :The petitioner society consists of 250 members; in the year 1973, they encroached 10 (Ten) acres of land comprised in Sy. No.275, situated in Adavivaram Panchayat, Visakhapatnam District, owned by the 3rd respondent-Temple and since then it has been in actual possession of the land; in the year 1991, when there was a threat from the Management of the 3rd respondent temple to demolish the structures erected by the petitioner society, the petitioner society and two of its members filed WP No.17397 of 1991 and that writ petition was disposed of by this Court on 2-7-1992 directing the temple Management to consider the application of the petitioner for purchase of the subject land if such written application /representation was made within two weeks from the date of the Order; as per the direction, written application was made to...
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