Andhra Pradesh Court August 1999 Judgments
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Thammisetty Edukondalu Vs. Revenue Divisional Officer, Narasaraopet an ...
Court: Andhra Pradesh
Decided on: Aug-30-1999
Reported in: 1999(5)ALD589; 1999(5)ALT600
ORDERV.V.S. Rao, J. 1. The appellant in the writ appeal is the petitioner in the writ petition. He filed the writ appeal against the order of the learned single Judge dated 30-4-1999. By the said order the learned single Judge vacated the interim order dated 26-4-1999 granted in WP MP No.9686 of 1999 in Writ Petition No.7809 of 1999. This Court has admitted the writ appeal and granted interim suspension of the impugned order of the learned single Judge on 19-5-1999. When the matter was called on 23-7-1999, with the consent of the learned Counsel for the parties, this Court directed the writ petition to be heard along with the writ appeal. That is how the writ petition and the writ appeal are posted before us for final disposal.2. Both these matters are being disposed of by this common order. The parties herein shall be referred to as they are arrayed in the Writ Petition No.7809 of 1999.3. A frew facts which are necessary for disposal of this Writ Petition are as under:The petitioner w...
D. Sathi Reddy Vs. Commissioner, Panchayat Raj A.P., Hyd. and Others
Court: Andhra Pradesh
Decided on: Aug-30-1999
Reported in: 1999(5)ALD681; 1999(5)ALT535
ORDERV.V.S. Rao, J.1. These two writ appeals are against the same judgment of the learned single Judge dated 24-9-1998 in Writ Petition No.24801 of 1998. The Writ Appeal No. 1805 of 1998 is filed by the petitioner in the said Writ Petition. The Writ Appeal No.1826 of 1998 is filed by the respondent Nos.5 to 9 in the said writ petition. The parties are referred to herein as they were arrayed in the writ petition. A few facts which are necessary for the disposal of these writ appeals are as follows:The petitioner (appellant in Writ Appeal No.1805 of 1998) was elected as Sarpanch of the Peerzadiguda Gram Panchayat for a second consecutive term. He belongs to Congress party. The 2nd respondent issued a show-cause notice in Roc. No.B2/1495/97 dated 16-6-1997 alleging infraction of subsection (1) of Section 249 of the A.P. Panchayat Raj Act, 1994 (hereinafter referred to as 'the Act'). Even before the petitioner could give explanation, the 2nd respondent issued another show-cause notice in R...
Kakkarla Vijaya and Other Vs. Kakkarla Venkataiah
Court: Andhra Pradesh
Decided on: Aug-30-1999
Reported in: 1999(6)ALD642; 1999(5)ALT621
ORDER1. Heard the learned Counsel on both sides.2. The question raised in this CRP relates to the admissibility of the document dated 13-7-1992 produced by the petitioners/ defendants in the suit. The suit is filed by the respondent for partition of the plaint schedule property into two equal shares and to allot one such share to the plaintiff. The defence is that the plaintiff-respondent himself executed a document dated 13-7-1992 styled as will deed wherein he allotted certain properties to the defendants with immediate rights and also provided that the remaining family properties shall go to them after his life-time. When the defendant sought to tender the said documentin evidence, the plaintiff raised an objection with regard to its admissibility. By the impugned order the lower Court upheld the objection raised by the plaintiff and held that the said document is inadmissible in evidence for want of registration. It further held that the document in question cannot be admitted even...
New India Assurance Company Limited Vs. Smt. Laxmamma and anr.
Court: Andhra Pradesh
Decided on: Aug-30-1999
Reported in: II(2000)ACC322; 1999(6)ALT191
Elipe Dharma Rao, J.1. This Civil Miscellaneous Appeal is filed being aggrieved by the Judgment and decree dated 12-2-1993 passed in O.P.No. 343 of 1991 on the file of the Motor Accidents Claims Tribunal, Mahabubnagar. The respondent No. 2 the New India Assurance Company Limited, in the O.P., is the appellant herein.2. The respondent No. 1 herein, filed the above O.P., before the Tribunal below Under Section 166 of the M.V. Act claiming a compensation of Rs. 30,000/- for the injuries received by her in the accident that occurred on 10-3-1991. She mentioned in the petition that on 10-3-1991, she along with other labourers of her village were engaged by R-1, for loading and unloading the bricks that were being transported to the house of R-1 in his tractor and trailer No. ATW. 2194/ AHH. 2099 and at about 11-30 a.m., while they were taking the load of bricks in the trailer, the driver of the tractor drove the tractor in high speed and in rash and negligent manner and the tractor turned t...
New India Assurance Co. Ltd. Vs. Laxmamma and anr.
Court: Andhra Pradesh
Decided on: Aug-30-1999
Reported in: 2001ACJ175
Elipe Dharma Rao, J.1. This civil miscellaneous appeal is filed being aggrieved by the judgment and decree dated 12.2.1993 passed in O.P. No. 343 of 1991 on the file of the Motor Accidents Claims Tribunal, Mahabubnagar. The respondent No. 2, New India Assurance Co. Ltd., in the O.P., is the appellant herein.2. The respondent No. 1 herein, filed the above O.P. before the Tribunal below under Section 166 of the Motor Vehicles Act claiming a compensation of Rs. 30,000 for the injuries received by her in the accident that occurred on 10.3.1991. She mentioned in the petition that on 10.3.1991, she along with other labourers of her village were engaged by respondent No. 1 for loading and unloading the bricks that were being transported to the house of respondent No. 1 in his tractor and trailer No. ATW 2194/AHH 2099 and at about 11.30 a.m., while they were taking the load of bricks in the trailer, the driver of the tractor drove the tractor at high speed and in rash and negligent manner and ...
Sanapala Narasamma and Others Vs. Mallana Laxminarayana, Kaviti Mandal ...
Court: Andhra Pradesh
Decided on: Aug-27-1999
Reported in: 1999(5)ALD464; 1999(5)ALT755
ORDER1. This civil revision petition is directed against the order of Senior Civil Judge of Sompeta dated 27-9-1998 passed in IA No.178 of 1998 in IP No.4 of 1996 allowing the said petition filed under Section 31 of the Provincial Insolvency Act filed by the petitioners seeking protection order from arrest and detention in execution proceedings filed by respondent No. 1 herein.The petitioners herein are the respondents Nos.1 to 4 and the respondent No.1 herein is the petitioner in the said LA.The parties will be referred to as they were arrayed before the Senior Civil Judge in the said LA.2. The bare facts which are necessary and relevant to the petition may be stated as follows:The petitioner filed an application under Sections 7 and 11 of the provincial Insolvency Act against the respondents-creditors to adjudicate him as insolvent and to discharge liabilities mentioned in the schedule annexed to the petition. The second respondent filed EP No.2 of 1996 in OS No.30 of 1989 on the fil...
Ahmed Moosa and Others Vs. Inspector of Police, Jagtial and Others
Court: Andhra Pradesh
Decided on: Aug-27-1999
Reported in: 1999(5)ALD753; 1999(2)ALD(Cri)610; 1999(2)ALT(Cri)377; 2000CriLJ660
ORDER1. This petition under Section 482 of Cr.PC has been filed for quashing the First Information Report and proceedings in Cr. No. 44 of 1999 of Jagitial Town P.S. lodged in the Court of the Judicial First Class Magistrate, Jagitial.2. The relevant facts may be stated briefly as follows:The de facto complainant - respondent No.3 herein, which is a firm by name Vishnu Sai Finance, advanced a loan of Rs.2 lakhs to petitioner No.1-Ahmed Moosa, another sum of Rs.2,50,000/- to petitioner No2-Mohd. Baquar Hussain and another sum of Rs. 2,50,000/- to petitioner No.3 Mohd Zakir Hussain on 29-1-1996 from their Finance Company. By way of security for this loan, the petitioners herein had mortgaged their land in Survey Nos.803 to the extent of 63 guntas situated at Shivar Boonakkal of Karimnagar Town under a registered mortgage deed and agreed to pay the loan amount within two years. Inspite of lapse of three years as on the date of complaint, namely, 20-2-1999, the petitioners have not made an...
Rachapothula Chittabbai and Others Vs. Dy. Registrar of Co-op. Societi ...
Court: Andhra Pradesh
Decided on: Aug-27-1999
Reported in: 1999(6)ALD80; 2000(1)ALT725
ORDER1. The first petitioner had been elected as President and petitioners 2 to 5 had been elected as Directors of the Kolimenu Primary Agricultural Co-operative Society in the year 1995. The Managing Committee of the society was superseded by the competent authority on 15-4-1997 on the ground that the Committee failed to convene general body meeting within the stipulated period. Surprisingly, the members of the Managing Committee who had failed to discharge the duties in accordance with law were made persons-in-charge of the society. If these persons had to be appointed as persons-in-charge then what was the necessity of removing them by superseding the society. It appears that, as an elected body the petitioners were answerable to their electorate, but being appointed as persons-in-charge after the committee was superceded they were without any responsibility. They were appointed as persons-in-charge from 1-4-1999, the order was however cancelled on 2-4-1999. This order of cancellati...
S. Sathaiah and Others Vs. B. Rajamani and Others
Court: Andhra Pradesh
Decided on: Aug-27-1999
Reported in: 1999(6)ALD301; 1999(6)ALT120
ORDER1. The petitioners herein preferred the appeals under Section 20 of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act against the order of eviction. The appellate Court - Chief Judge, City Small Causes Court rejected the appeals in limini on the ground that the arrears of rent determined by the Rent Controller have not been paid so far and therefore, the appeals are not maintainable by reason of the embargo contained in Section 11(4) of the Act. It is against these orders, the CRPs are filed. The contention of the learned Counsel for the petitioners is that the petitioners -appellants denied the tenancy and set up the title of the deceased 1 st respondent as co-owner and that in this fact situation, the petitioners need not pay the rent. It is also contended that the finding as to quantum of rent payable was reached without any discussion and without proper basis. Relying on the decision of Y.Bhaxkar Rao, J., (as he then was) in Linga raju v. G.Annapurnamma, 1987 (2)...
Tirumala Tirupathi Devasthanam, Tirupathi and Another Vs. K. Subbarayu ...
Court: Andhra Pradesh
Decided on: Aug-27-1999
Reported in: 1999(6)ALD463
1. All the CRPs and CMAs raise common questions of law and hence they are decided by a common judgment.2. The factual matrix leading to the filing of CRPs and CMAs can be traced out to the extent necessary.3. The Tirumala Tirupathi Devasthanams (for brevity 'TTD') had issued tender notifications for 'Improvements to 1st ghat road by providing hot-mix process'. The entire stretch of the ghat road is over 17 KMs. The stretch was divided into six strips and they were notified. First stretch is from KM '0' to '3', second stretch is from '3' KM to '6' KM, third stretch is from 6 KM to 9 KM, fourth stretch is from 9 KM to 12 KM, fifth stretch is from 12 KM to 15 KM and sixth stretch is from 15 KM to 17/4 KM. Therefore, six tender notifications were issued calling for the tenders from the prospective tenders and one Mr. Balaiah (hereinafter referred as Contractor), the 1st respondent in the first set of CRPs and also the CMAs was found to be the lowest tenderer for three works. In respect of ...
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