Andhra Pradesh Court September 1999 Judgments
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Mohd. Khaja Vs. C. Nand Kumar and Others
Court: Andhra Pradesh
Decided on: Sep-03-1999
Reported in: 1999(6)ALD709
ORDER1. This CRP is directed against the order dated 2-2-1999 passed by the I Additional Chief Judge, City Civil Court, Secunderabad, in CA 23 of 1997. The petitioner is the plaintiff and he fiied the suit for mandatory injunction directing the respondents-herein to restore the water and power supply. That suit having been dismissed for default, he filed the application under Order 9, Rule 9 CPC for restoration of the suit. Even that application met with the same fate and eventually he filed the appeal-CMA 23 of 1997 and under the impugned order the appeal too has been dismissed. On the date on which the suit stood posted, that was on 19-11-1996, for payment of costs of Rs.100/- and for trial of the suit, neither the petitioner nor his Counselwas present and as the amount of Rs.100/-as ordered by the Court towards costs was not paid, the suit was dismissed as aforesaid for default.2. The learned Counsel appearing for the petitioner contends that the Counsel for the petitioner-plaintiff...
Deccan Enterprises (P) Ltd. Vs. Deccan Syntex Ltd.
Court: Andhra Pradesh
Decided on: Sep-03-1999
Reported in: (2000)1CompLJ189(AP)
P. Venkatarama Reddi, J.1. This is an appeal against the order of the learned Single Judge dismissing the petition for winding up of the respondent company on the ground of inability to pay the alleged debt due to the appellant company. According to the appellant petitioner, the respondent is liable to pay Rs. 48,61,786 which remained unpaid inspite of statutory notice issued. It appears that the directors associated with the companies are closely related and there is a long drawn litigation between them in respect of various affairs of the companies. The defence of the respondent company is that on account of an understanding between Sri O.P. Jalan (representing the appellant company) and Sanjay Jalan (representing respondent company), the amount which was initially due to the petitioner company was adjusted by way of payment to another company by name Jalan Commercial and Industrial Corporation to whom the petitioner company was indebted. The more important defence of the respondent ...
Gangaraju Venkata Rama Raju Vs. Commissioner of Survey, Settlement and ...
Court: Andhra Pradesh
Decided on: Sep-03-1999
Reported in: 2000(1)ALT781
B. Prakash Rao, J.1. Heard both the Counsel at the admission stage. Respondent No. 4 has filed the counter-affidavit. With the consent of both the Counsel, the main writ petition is being disposed of. 2. This writ petition is the third in sequence wherein the petitioner seeks the relief for demarcating the land claimed by him in Survey No. 1908, dry, of an extent of Ac. 4-00 out of Ac. 7.01 cents Survey No. 1911/1A, of an extent of Acs. 14.80 cents out of Acs. 22.93 cents situated at Kodur West, near Desettypalli village Kodur Mandal, Cuddapah District having purchased under a registered sale deed dt. 1-3-1952. The petitioner, having purchased the said lands, sought for demarcation of the lands through various representations filed earlier. This Court disposed of the Writ Petition No. 28562 of 1997 as per orders dated 18-1-1997 directing the respondents to dispose of the said representations for demarcating the boundaries between the petitioner and his neighbouring lands by a qualified...
Challa Ramakrishna Reddy Vs. Returning Officer, Banaganapalli and Othe ...
Court: Andhra Pradesh
Decided on: Sep-01-1999
Reported in: 2000(3)ALD42; 1999(5)ALT800
ORDERB. Subhashan Reddy, J 1. The contention raised in this case is with regard to shifting of polling station Nos.37, 39 and 40 in Koilakuntla Assembly Constituency. Previously, these three polling stations were located at Gramachavadi, Panchayat Satram (Eastern Wing) and Panchayat Satram (Western Wing), but now they have been shifted to Room No.3, VIII B Class, Room No.5, VII A Class and Room No.5 VIII A Class of ZPHS respectively in Owk Village. The question relating to location of polling stations is purely a question of fact and is within the exclusive purview of the authorities conducting the elections, and it is not for this Court to adjudicate upon the said aspects, and in fact the said aspects are not justiceable, more so in a petition under Article 226 of the Constitution of India.2. We find no merit in the writ petition, and it is accordingly dismissed. No costs....
Sri. Venkateswara Inland Fisheries Co-operative Society Vs. Assistant ...
Court: Andhra Pradesh
Decided on: Sep-01-1999
Reported in: 2000(3)ALD642; 2000(3)ALT459
ORDER1. Heard the learned Counsel for the petitioner and the learned Counsel for the respondent.2. This writ petition has been filed challenging the letter of the first respondent-Assistant Director of Fisheries (Deputy Registrar) Vizianagaram, dated 23-4-1998. By this letter, the petitioner was asked to admit six fishermen to the Society and J-Forms were also sent. Reference was given to certain earlier communications and it was stated that as a last chance the J-Forms and bank receipts are being sent and orders should be obeyed and in case of disobediences of the orders, the Society shall be suspended under Section 34(1) of the A.P. Co-operative Societies Act. The Court had granted stay. Though vacate stay petition has been filed, arguments were addressed on the main writ petition itself and therefore the main writ petition itself is disposed of.3. Under Section 19 (2-A) of the A.P. Co-operative Societies Act, the Registrar can receive applications for membership and these applicatio...
Sk. Shakya Vs. Director of Personnel Airmen, Air Headquarters, New Del ...
Court: Andhra Pradesh
Decided on: Sep-01-1999
Reported in: 1999(5)ALD468; 1999(5)ALT132
ORDER1. The petitioner joined Indian Air Force on 31st August, 1973. His initial engagement was for a period of 15 years,then the period was extended upto 20 years. The persons who had been engaged on 15 years term were given an option to serve 15 years or 20 years. The petitioner exercised the option and was continued for 20 years on the basis of his initial engagement. This period, however, ended on31st August, 1993. The extension beyond the initial period of appointment is governed by Air Force Order 12/S4S amended from time to time. The Airmen can continue upto the age of superannuation provided they are granted extensions in accordance with Air force order referred to above. After the expiry of period of 20 years of initial appointment an extension can be granted for a period of 6 years and after expiry of the extended period of 6 years it can be further extended for a period of 3 years at time. There is no restriction on number of extensions and it can be granted from time to tim...
Varun Motors Pvt. Ltd. Vs. Maheswari Plaza Resorts Pvt. Ltd. and Other ...
Court: Andhra Pradesh
Decided on: Sep-01-1999
Reported in: 1999(6)ALD47
ORDER1. Since both the CMAs and the CRP arise out of the same suit, they are being disposed of by a common order.2. CMA 863 of 1998 arises out of IA No.316 of 1998 in OS No. 168 of 1998 on the File of the Court of the IV Senior Civil Judge, City Civil Court, Hyderabad, which is a petition filed under Order 39 Rules 1 and 2 read with Section 151 CPC to issue interim injunction against the appellants, who are defendants 1 and 2 in the suit, restraining them from permitting the 3rd respondent, i.e., 3rd defendant, from functioning as dealer of Maruti Cars for the twin Cities of Hyderabad and Secunderabad, pending the suit. CMA 982 of 1998 arises out of IA 428 of 1998 in IA 316 of 1998 in OS 168 of 1998 filed by the appellant (3rd defendant) under Order 39 Rule 4 CPC read with Section 151 CPC to vacate the ex parte order of injunction granted on 24-2-1998 in 1A 316 of 1998 in OS 168 of 1998, which was later extended on 23-3-1998. CRP No.1506 of 1998 arises out of IA 471 of 1998 in IA 316 o...
Md. Saleem and Others Vs. R. Ramarao
Court: Andhra Pradesh
Decided on: Sep-01-1999
Reported in: 1999(6)ALD387; 1999(5)ALT578
ORDER1. In all these matters the issue that cropped up for decision being common, they can be disposed of by a common judgment.2. In these cases the Court is called upon to adjudicate whether a student can seek writ of mandamus against the authorities concerned to permit him to appear for the examinations without putting the required attendance, either on the ground of existence of legal right or violation of equality clause enshrined in Article 14 of the Constitution of India or on the ground of legitimate expectation.3. Though the issue is squarely covered by a judgment of a Division Bench of this Court in The Principal, Siddartha College of Pharmacy, Vijayawada v. K.V. Narayana Raju and another, WA No.522 of 1999, dated 6-4-1999, in K. Prashant and others v. Andhra University, WP No.34780 of 1998, dated 17-2-1998, in K. Venkata Romania v. Andhra University and another, in WP No.20644 of 1998, dated 2-12-1998 and in Sri Garlapati Sreevardan v. The Registrar Andhra University and anot...
Andhra Bank, Nuzvid Vs. Atluri Sesharao and Others
Court: Andhra Pradesh
Decided on: Sep-01-1999
Reported in: 1999(6)ALD328; 1999(6)ALT667; [2001]103CompCas843(AP)
1. The plaintiff-Nationalized Bank is the appellant before this Court. The suit OS No. 45 of 1984 was filed by the plaintiff on the file of the learned Subordinate Judge, Nuzvid for recovery of a sum of Rs.25,160/- based on a mortgage. The trial Court decreed the suit with subsequent interest thereon at 12% per annum from 28-12-1984 till the date of realisation. The trial Court also granted the benefit of Act 4 of 1938 and scaled down the interest on the loan. Hence the appeal.2. For the sake of convenience the parties to this appeal would be referred to in accordance with their status before the trial Court.3. The only question that falls for consideration in this appeal is:Whether in view of insertion of Section 21-A in the Banking RegulationAct, 1949 by Banking Law (Amendment Act 1983) (Act 1 of 1984) Courts are precluded from subjecting transactions entered into between the Banks and borrowers from scrutiny under the provisions of Act IV of 1938 or Usurious Loans Act 1918 with a vi...
Andhra Pradesh Chemicals and Minerals, Public Limited Company and Othe ...
Court: Andhra Pradesh
Decided on: Sep-01-1999
Reported in: 1999(6)ALD544
ORDER1. The CRP is filed against the orders of the learned Additional Chief Judge, City Civil Court, Hyderabad, dated 23-6-1995 in IA No.71 of 1993 in OS No.866 of 1985.2. The petitioners are the defendants. The 1st respondent/plaintiff filed the suit for recovery of certain sums from the defendatns. The suit was dismissed for default on 30-6-1986. Thereafter, the 1st respondent - State Bank of India filed interlocutory application in the year 1989 after a period of 3 years for setting aside the order of dismissal and also to condone the delay in filing the application to set asidethe dismissal order. They were returned by the office for representation; but however for the reasons best known to the Bank, it appears that the Bank did not take any steps to represent the interlocutory application. But after a lapse of about four years, the Bank filed fresh IAs, for condoning the delay and seeking to set aside the orders of dismissal dated 30-6-1986. In IA No.71 of 1993 application was fil...
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