Andhra Pradesh Court August 1999 Judgments
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Padidam China Chanchu Munuswamy and Others Vs. District Collector, Nel ...
Court: Andhra Pradesh
Decided on: Aug-26-1999
Reported in: 1999(6)ALD728; 1999(6)ALT122
ORDER1. The petitioners 1 to 3 and respondent No.3 are brothers. The petitioner Nos.4, 5, 6 and respondent No.4 are the daughters-in-law of the family. By issuing a notification under Section 4(1) of Land Acquisition Act, 1894 (hereinafter called as the Act) dated 17-11-1998 the first respondent proposed to acquire an extent of Ac.4-19 cents in S.No.248/2B and 249/2 of Venkatagiri village and Mandai, Nellore District. The award proceedings were initiated and the Land Acquisition Officer, the second respondent herein is yet to make an award under Section 12 of the Act. It may be noted that the petitioners were not given notice under Sections 9(3) and 10 of the Act. There is another important chapter in the litigation. The petitioners herein filed a suit against the respondents 3 and 4 herein being OS No. 19 of 1998 on the file of 1st Additional District Judge, Nellore for partition of properties in S.No.246/2, 247/2, 249 and 248/2. Concedingly, the land intwo survey numbers which is sou...
Mohd. ZakiuddIn and ors. Vs. Commissioner/Special Officer, Municipal C ...
Court: Andhra Pradesh
Decided on: Aug-26-1999
Reported in: 2000(5)ALT99
ORDERV. Eswaraiah, J.1. Heard the learned Counsel for the petitioners as well as the respondents. All the petitioners in these 3 writ petitions are similarly situated and as common contentions and common questions of law are involved, they are disposed of by a common order.2. The petitioners in W.P. No. 4702 of 1998 states that they are engaged in their respective business viz., Sugarcane Juice, Foot wear, clothing toys, Housiery, Cutlery, Bangles, Chat Bandar, Readymade Garments etc, by erecting small kiosks in the open space on the road margins between the Charminar Police Station and APSEB Office at Charminar. Some of the petitioners are doing their business on the road leading from Guljar House to Charminar and they say that their business is not affecting free flow of traffic.3. The petitioners in W.P. No. 4073 of 1998 are also similarly situated petty vendors doing the business on the pavements and road margins.4. The petitioners in W.P. No. 13824 of 1998 states that they are ver...
Pusa Rajamma and Another Vs. Chief Engineer, K.T.P.S., Polancha
Court: Andhra Pradesh
Decided on: Aug-25-1999
Reported in: 2001ACJ1586; 1999(5)ALD516; 1999(5)ALT709
1. This appeal is filed against the order in WC No.70 of 1989 dated 25-2-1993 on the file of Commissioner for Workmen's Compensation, Warangal, wherein the Commissioner, Workmen's Compensation has held that the respondent is not liable to pay any compensation on account of the death of the deceased P.Ramaswamy and dismissed the said application filed for payment of compensation. Against that order, the present appeal is filed.2. The learned Counsel for the appellants has submitted that the Tribunal should have held that the deceased Ramaswamy fell down from the steps and died while he was recording the meter reading in the Power Generation Plant of the respondent, therefore, he died during the course of employment and therefore, should have held that the respondent is liable to pay the compensation for the untimely death of the deceased. It is further contended that the Commissioner has not considered the evidence both oral and documentary in a proper perspective and came to a wrong co...
P.V. Rao Vs. Director, Dept. of Information and Public Relations, Hyd. ...
Court: Andhra Pradesh
Decided on: Aug-25-1999
Reported in: 1999(5)ALD442; 1999(5)ALT86
ORDERB. Subhashan Reddy, J.1. This writ petition has been filed complaining of inaction on the part of the Government in not relieving the petitioner from the service with effect from 31-7-1999, which was the date set by the petitioner in his application dated 17-7-1999.2. The petitioner had been working as Editor (Telugu) in Information and Public Relations Department of State of Andhra Pradesh. He has taken-up the cause against the policy of the State Government to categorise Scheduled Castes into A, B, C and D. We are not concerned with the details of the said categorisation or dispute relating to the same. Suffice it to say thatthe petitioner had been advocating the cause of Malas and that there should not be any categorisation of scheduled castes. He has also been chosen as the President of Mala Mahanadu, a registered body for protecting the interests of the Scheduled Castes in general and Mala community in particular, and to oppose the division of these castes for political reaso...
Doma Varalakshmi and Another Vs. Momidisetti Malleswara Rao and Others
Court: Andhra Pradesh
Decided on: Aug-25-1999
Reported in: 1999(6)ALD191
1. Plaintiffs are theappellants. OS.239 of 1979 on the file of the II Additional Subordinate Judge, Visakhapatnam was filed by the plaintiffs for specific performance of contract of sale dated 23-9-1978.2. For the sake of convenience the parties in this appeal will be referred to as per their status in the suit.3. The averments in the plaint, inbrief, are as follows:The plaintiffs are the wives of brothers and their respective husbands are doing business. The plaintiffs have executed a power of attorney in favour of the 2nd plaintiffs husband for filing the present suit. The suit site is 105sq.ft. x 40 ft. in extent and it is situated in Daba Gardens, Visakhapatnam. For the purpose of extending their business, the plaintiffs wanted to purchase the suit site for construction of shops. At that time, the 1st defendant agreed to sell the suit property for a sum of Rs. 1,05,000/- and the plaintiffs also agreed to purchase the same for the said price. Accordingly the 1st defendant executed a...
Thumati Varamma Vs. Thumati Rambhotlu and Others
Court: Andhra Pradesh
Decided on: Aug-25-1999
Reported in: 1999(6)ALD185
1. This appeal is filed against the judgment and decree dated 26-10-1992 in AS No.41 of 1992 on the file of the District Judge, Ongole, which was filed aggrieved by the judgment and decree dated 15-6-1992 in OS No.672 of 1987 on the file of the I Additional District Munsif, Ongole. The learned District Judge, while allowing the appeal without costs, set aside the judgment and decree of the learned District Munsif and remanded the matter for fresh disposal, framing issues which are the points mentioned in his judgment, which is impugned in this Miscellaneous Appeal.2. The brief facts leading to the filing of the suit lies in a narrow compass as under:- The defendants, respondents herein, are distantly related to the plaintiff, the appellant herein. The plaintiff purchased suit schedule property from Y. Chandrahasa Rao, under registered sale deed dated 24-2-1987 and ever since the purchase, the plaintiff was in peaceful possession andenjoyment of the schedule property. The plaintiff purc...
Najwa Saad Vs. Mirchowk Police Station Rep. by Its S.H.O. and ors.
Court: Andhra Pradesh
Decided on: Aug-25-1999
Reported in: 1999(5)ALT25
ORDERR.M. Bapat, J.1. The petitioner Najwa Saad, D/o late Saad Mohammed Mubarak had filed a writ petition seeking a Writ of Habeas Corpus against the respondents herein. It is submitted by the petitioner herein that she is the eldest daughter of late Saad Mohammed Mubarak. She had studied upto XI Standard and she has been in love with one Shakir Qureshi, S/o Ali Qureshi, resident of Old Bazaar, Jedcherla, Mahabubnagar District.2. It is further alleged by the petitioner that the said person studied upto B.Sc, and both of them belong to the same community. It is further alleged by the petitioner that she decided to marry Shakir Qureshi but her parents objecting for the same. It is the further case of the petitioner that her mother and her brother foisted a case of kidnapping against Shakir Qureshi by lodging a complaint with Mir Chowk Police Station.3. It is further stated by the petitioner that she married Shakir Qureshi on 23-8-1999 at 10-00 p.m. before the Khaji, Chatta Bazar, Hyderab...
Dudam Bharathi Vs. Gajula Sujatha (Plaintiff) and ors.
Court: Andhra Pradesh
Decided on: Aug-25-1999
Reported in: 1999(5)ALT504
R. Ramanujam, J.1. This Letters Patent Appeal is directed against the order of the learned single Judge rejecting the appellant's application - CMP No. 6122 of 1998 - for condoning the delay of 450 days in filing the appeal - A.S. (SR) No. 19289 of 1998 - and consequently dismissing the appeal itself.2. The appellant is the 6th defendant in O.S. No. 29 of 1988 on the file of the Sub-Court, Siddipet. The 1st respondent herein is her younger sister. Respondents 3 and 4 herein are the other sisters of the appellant. Second respondent herein is the husband of the 3rd respondent. The 1st respondent herein filed the aforesaid suit against the appellant, respondents 2 to 4 and also against her father and mother (who are arrayed as defendants 1 and 2 in the suit) for declaration of her title and for perpetual injunction restraining the defendants from interfering with her possession and enjoyment of the suit schedule property bearing Municipal No. 8-2-38 to 8-2-43 (excluding the shop and room ...
N. Rajagopal Reddy Vs. District Collector, Chittoor and Others
Court: Andhra Pradesh
Decided on: Aug-24-1999
Reported in: 1999(5)ALD586
ORDER1. The petitioner filed this writ petition seeking a writ of Mandamus directing the respondents to implement the orders of the Forest Settlement Officer in RC NO.B117/64.B dated 28-9-1971 as amended by order dated 20-11-1971 as per the directions of this Court dated 20-12-1984 in WP No.7791 of 1984 and to pass any order that may deem fit and proper in the circumstances of the case.2. This writ petition is opposed by the Government on the ground that unless the Government of India grants permission for diversion of the landunder the Forest Conservation Act, 1980 the State Government cannot delete the land in question from the Mittoor Forest Block.3. The facts which are not in dispute in this case are: Under the provisions of A.P. Forest Act, 1967 (for short 'the act') the Government is empowered to constitute reserve forest as per Chapter II of the said Act. The procedure for constituting a reserve forest is indicated from Sections 4 to 15 of the Act.4. In exercise of the said powe...
Union Bank of India, Hyderabad Vs. M. Anantha Sarma and Another
Court: Andhra Pradesh
Decided on: Aug-24-1999
Reported in: 1999(6)ALD60
1. The plaintiff-Bank is the appellant. OS 1251 of 1981 was filed on the file of the II Additional Judge, City Civil Court, Hyderabad, for recovery of Rs.35,495-60 ps. against the defendants.2. For the sake convenience the parties in this appeal would be referred to in accordance with their ranking in the suit.3. The plaintiff is a Nationalised Bank and the 2nd defendant approached the plaintiff-Bank for a loan of Rs.20,000/- on8-4-1976 for running business in general stores. The plaintiff-Bank sanctioned the afore-mentioned loan to the 2nd defendant to run business under the name and style of 'M/s. Om Coffee and General Stores' at Hyderabad. The loan facility provided by the plaintiff is called 'cash credit facility'. The 2nd defendant executed a demand promissory note and also executed hypothecation agreement dated 8-4-1976 in favour of the plaintiff hypothecating stocks in trade of the first defendant. Defendants 3 and 4 stood as sureties to repay the loan and hence they are also jo...
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