Andhra Pradesh Court September 1999 Judgments
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Saptagiri Auto Investments Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-21-1999
Reported in: 2000(1)ALD306
1. The plaintiff filed OS No. 108 of 1980 on the file of the Subordinate, Penukonda, for recovery of Rs.34,689-00 from the defendants on the ground that the lorry bearing Registration No.MYY 4784 sold by the 3rd defendant without notice to the plaintiff is illegal and void. The trial Court decreed the suit against the 1st and 2nd defendants but dismissed the suit as against the 3rd defendant. Aggrieved by the judgment and decree dismissing the suit as against the 3rd defendant, the plaintiff filed AS No.2255 of 1984 while defendants 1 and 2 filed theappeal AS No.3573 of 1985 having been aggrieved by the decree and judgment passed against them. Since both the appeals arose out of the same judgment, they are being disposed of by a common judgment.2. For the sake of convenience, the parties to these appeals will be referred to in accordance with their ranking in the suit.3. The averments in the plaint, in brief, are as follows:The plaintiff is the Auto Financing Company. It has its office...
Savani Transport Limited Vs. Alapati Pramila Rani and Others
Court: Andhra Pradesh
Decided on: Sep-21-1999
Reported in: I(2001)ACC353; 2001ACJ1212; 2000(2)ALD402
1. A suit was filed by the respondents against the petitioners for recovery of Rs.1,50,000/- towards damages which had been decreed by the Court on 25th February, 1997. The facts which led to filing of the suit are narrated in the judgement of the trial Court as follows:'On 6-3-1984 the 3rd defendant who is the present petitioner illegally and unauthorisedly transported Ammonia Gas cylinders in lorry Bearing No. AAW 4333 with other transportable goods. Ammonia Gas is a poisonous gas and it was being illegally transported in gas cylinders. The lorry with the cylinders was kept in godown cum office in Singarajuvari street, Kothapet, Vijayawada where the office of the petitioner is located. There was leakage in the gas and the present petitioner acted negligently without takingany interest to rectify the leakage. The gas from the damaged cylinders leaked and spread all over the neighbouring area. The first plaintiff's father in law inhaled the gas, he was admitted to hospital where he die...
Telugu Desam Party and Another Vs. Election Commission of India, New D ...
Court: Andhra Pradesh
Decided on: Sep-21-1999
Reported in: 2000(3)ALD45; 1999(5)ALT679
ORDERB. Subhashan Reddy, J.1. This writ petition has been filed by Telugu Desam Party represented by Prof. C. Laxmanna, Member of Central Election Monitoring Committee, Hyderabad as also by Mr. M. Chandrasekhar, Chief Election Agent of Dliarmavaram Constituency of Anantapur District, seeking declaration that the action of the respondents, namely, Election Commission of India, Chief Electoral Officer, Andhra Pradesh, District Election Officer, Anantapur and Returning Officer, 173-Dharmavaram Constituency, Anantapur, in not taking any steps for conducting free and fair elections in 173-Dharmavaram Assembly Constituency on 5-9-1999 as arbitrary, illegal, unreasonable and violative of Article 14 of the Constitution of India and consequently direct the respondentsto conduct repoll in Booth Nos.1 to 76 of 173-Dharmavaram Assembly Constituency.2. Mr. K. Ramakrishna Reddy, the learned senior Counsel appearing for the petitioners strenuously contends that there was large scale rigging in 76 pol...
A. Durga Vs. Commissioner of Collegiate Education, Andhra Pradesh, Hyd ...
Court: Andhra Pradesh
Decided on: Sep-21-1999
Reported in: 1999(6)ALD109; 1999(6)ALT449
ORDER1. Inter-connected mutually dependent facts and common application of law arise in these two writ petitions, which are, therefore, heard and decided by this common judgment.The Facts :(a) On 4-3-1982 Saptagiri Degree College, a unit of Saptagiri Educational Society, Vijayawada, affiliated to Nagrjuna University, advertised and invited applications for the posts of Lecturers, inter alia in Economics. (b) In the consequent selections held on 8-6-1982 so far as the subject of Economics is concerned Kum. C.S. Padmavathi was selected for appointment to the post and the petitioner (in both these writ petitions) has been selected to be appointed for only that year against a SC vacancy. By proceedings dated 20-7-1982 of the college, orders have been issued appointing the petitioner as Lecturer in Economics temporarily for one year and pursuant thereto the petitioner submitted a joining report and joined duly on 2-8-1982. (c) While so, as second advertisement was issued on 2-7-1983 callin...
A. Krishna Reddy Vs. State and Another
Court: Andhra Pradesh
Decided on: Sep-21-1999
Reported in: 1999(6)ALD279; 1999(2)ALD(Cri)720
1. This Revision is filed against the order passed in Crl MP No.1586 of 1997 in STC No.19 of 1995 on the file of Special Judge for trial of Essential Commodities Act-cum-III Additional Metropolitan Sessions Judge, Hyderabad.2. By virtue of Section 12-AA(f) all the offences under this Act shall be tried in a summary way and the provisions of Sections 262(2), 265 (both inclusive) of the Code, shall, as far as, apply to such trial. In the instant case a part of the evidence was recorded by the previous officer, on his transfer, the present officer assumed charge. At this juncture this Crl. MP was filed to conduct de novo enquiry by virtue of Section 326(3) Cr.PC, as the procedure contemplated under Essential Commodities Act is summary in nature. This petition was allowed and de novo enquiry was ordered. The Public Prosecutor was directed to get the witnesses as per schedule.3. The learned Counsel appearing for the petitioner submitted that though the law provides for summary trial the lea...
Mandal Revenue Officer, Metpalli Vs. Surkanti Gangaram (Dead) by His L ...
Court: Andhra Pradesh
Decided on: Sep-21-1999
Reported in: 1999(6)ALD297; 1999(6)ALT671
1. The claimants in the Land Acquisition Proceedings filed this appeal under SR questioning the award given by the Senior Civil Judge, Jagital, Karimnagar District, in OP No.57 of 1991, dated 22-10-1998.2. The Registry returned the file by taking objection, i.e., 'Certified copy of the impugned decree has to be filed'.3. The Government Pleader represented the matter stating that on an application filed for the certified copy of the decree the Principal Civil Judge, passed the following order:'Comply by issuing certified copy of the order in O.P., which is deemed to be a decree.'4. By stating so, the Government Pleader requested the Court to post the matter on its file.5. When the matter came up for hearing by order dated 19-02-1999, I called for a report from the concerned Civil Judge. The Officer in his report dated 6-3-1999 stated that the above order was passed by him keeping the Section 26 (1) and (2) of the Land Acquisition Act in mind.6. Now, the question that arises for consider...
Vennupusa Koti Reddy Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-21-1999
Reported in: 1999(6)ALD277; 1999(2)ALD(Cri)718
ORDER1. This revision petition under Sections 397 and 401 of Cr.PC has been filed for challenging the orders passed by the learned Additional Munsif Magistrate, Narasaraopet dated 3-3-1999 passed in Crl.MP No.180 of 1999 in CC No.168 of 1998 under which the learned Magistrate dismissed the petition tiled under Section 210 of Cr.PC.2. It appears that in respect of an incident which occurred on 19-7-1998 at about 7.00 a.m. in the agricultural lands at Kondakavuru village, a case was registered in Crime No.313 of 1998 of Narasaraopet Taluk Police Station which, after investigation, resulted in filing of charge-sheet and the same was taken cognizance of in CC No.168 of 1998. The de-facto complainant in that case not being satisfied with the FIR registered in connection with this case, filed a private complaint before the learned Magistrate which was referred to the police for investigation under Section 156 of Cr.PC. On the basis of this, a case in Crime No.320 of 1998 was registered at Na...
itc Bhadrachalam Paperboards Ltd. Vs. Apseb, Hyderabad and Others
Court: Andhra Pradesh
Decided on: Sep-21-1999
Reported in: 1999(6)ALD684
ORDER1. The petitioner is a public limited company carrying on the business of manufacturing paper and paper boards. It is one of the high tension consumer of electricity from the Respondents-Electricity Board. The petitioner is contesting the proceedings of the Board levying additional charge in respect of the consumption deposit. The petitioner company questioned the action of the Board in demanding three months consumption deposit by filing WP No. 11475 of 1988. According to the petitioner it need not pay consumption deposit over the above two months average consumption charges. Hence sought for a writ of mandamus restraining the Respondents-Electricity Board from collecting the consumption deposit for the third month. An interim order was passed on 13-12-1988, as per which the respondent-Board was directed to adjust out of the amount lying with it towards two months consumption deposit and the balance was directed to be adjusted against the future bills. The petitioner was also dir...
D.R. Adison Vs. D. Rajeswari John and Others
Court: Andhra Pradesh
Decided on: Sep-21-1999
Reported in: 1999(6)ALD700
1. Plaintiff is the appellant in both the appeals. He filed the suit for (a) declaration that the promotion of D8 as Head Master of D4 School vide orders dated 28-4-1978, is illegal; and (b) mandatory injunction against the 10th defendant to appoint the plaintiff as Head Master of the School with effect from 13-4-1976 with all consequential benefits and perquisites and also for payment to Rs.3,138-91 ps., to the plaintiff. The school is a minority educational institution. The plaintiff joined the said school as B.Ed. Assistant on 10-7-1956 and he worked in the school continuously since then, he was the senior most person among the staff members of the school and so he became eligible for promotion to the post of Head Master of the School, which fell vacant on 9-4-1976. Insofar as the eligibility criterion for promotion to the post of Head Master is concerned, one must be working as B.Ed. Assistant with seven years experience as such and one must also pass the Accounts Test for Head Mas...
P.P. Raj and Another Vs. Sri Rama Finance Corporation and Others
Court: Andhra Pradesh
Decided on: Sep-21-1999
Reported in: 1999(6)ALD690; 1999(6)ALT436
1. The unsuccessful claimants filed the present appeal against the judgment and decree dated 26-8-1998 passed by the learned Additional Special Judge for SPE and ACB Cases-cum-V Additional Chief Judge, City Civil Court, Hyderabad, in E.A.No. 10 of 1994 in EPNo.13 of 1992.2. The claimants are the husband and wife. The respondents I to 5 are the plaintiffs and respondents 6 and 7 are the defendants in the suit CS No.175 of 1986 on the file of the High Court of Madras. Respondent No.7 is the Managing Partner of the sixth respondent firm. In execution of the decreeobtained in CS No.175 of 1986 for realisation of the decretal amount, respondents 1 to 5 filed EP No. 13 of 1992. The appellants who are the third party claimants filed the claim petition in EA No. 10 of 1994 mentioning inter alia that they purchased the petition schedule mentioned house (for short 'the suit house') which is the subject matter of attachment for sale in E.P.No. 13 of 1992 under an agreement of sale dated 24-7-1985...
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