Andhra Pradesh Court September 1999 Judgments
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Namburi Appala Raju and anr. Vs. State Bank of India
Court: Andhra Pradesh
Decided on: Sep-16-1999
Reported in: 2000(2)ALT156
S.V. Maruthi, J.1. The appeal arises out of the judgment of the learned Subordinate Judge, Rajam in O.S. No. 5 of 1985 dated 6-9-1991. The defendants are the appellants. The plaintiff-State Bank of India, Cheepurupalli Branch, filed the suit for recovery of Rs. 3,14,595-03 ps. from the defendants. The plaint averments in brief are as follows:-The 1st defendant approached the plaintiff-Bank for grant of loan for setting up of a poultry farm in Munisinivalasa, hamlet of Routhupeta Bonduru taluk, Srikakulam District. The plaintiff-Bank advanced a term loan of Rs. 1,04,000/- on the security of first defendant's immovable property. The 2nd defendant was the guarantor. The defendant executed a deed of mortgage and hypothecation in respect of suit debt on the plaint schedule property and the same was registered on 29-11-1973. The agreed rate of interest is 11% per annum with half yearly rests subject to the revision of the interest from time to time. The 1st defendant availed the loan facilit...
Khairunisa Rehama and anr. Vs. Dr. Dastagir Ahmed and anr.
Court: Andhra Pradesh
Decided on: Sep-16-1999
Reported in: 1999(6)ALT243
J. Chelameswar, J.1. The petitioner No. 1 is the second defendant in Original Suit No. 1466 of 1993 on the file of the learned Principal Junior Civil Judge, Karimnagar. The second petitioner is the first defendant therein. The first respondent herein is the plaintiff and the 2nd respondent is the seventh defendant.2. It is claimed by the petitioners that they have filed a joint written statement along with the defendants 6 to 8 in the suit contesting the claim of the plaintiff. The petitioners now complain that the plaintiff won over the second respondent. It appears from the record that on the date fixed for the evidence of the plaintiff i.e., 23-03-1999, the plaintiff put the seventh defendant (2nd respondent herein) in the witness box as his witness and examined him as P.W. 6. Admittedly, the Advocate appearing for the petitioners herein was not present in the Court on that day.3. In the above-mentioned circumstances, the petitioners herein filed I.A.No. 526 of 1999 on 30-03-1999 pr...
islamia Girls Junior College Vs. State of Andhra Pradesh and Another
Court: Andhra Pradesh
Decided on: Sep-15-1999
Reported in: 2000(1)ALD175
ORDER1. WP No. 11880 of 1997 was filed questioning the show-cause notice issued by the respondent-Board in Re No.60/ E4-1/94-95 dated 25-4-1997 and the same seemed to have been dismissed for default by an order dated 17-11-1997. Thereafter, the respondent-Board seemed to have passed a final order in Re No.60/E4-1/94-95 dated 31-3-1999, derecognising the petitioner-college and also instructed the management not to admit the students for the academic year 1999-2000. Further, the Commissioner and Secretary, Board of IntermediateEducation directed the petitioner-college to transfer the records to the Government Junior College for Girls, Nampally, Hyderabad. Having received the said order, the petitioner-college seemed to have realised that the above writ petition was dismissed for default and an application WP MP No.10958 of 1999 was filed for restoration of the writ petition to the file and this Court seemed to have restored the writ petition to file by an order dated 20-4-1999.2. The pet...
Union of India Vs. Apsrtc and Others
Court: Andhra Pradesh
Decided on: Sep-15-1999
Reported in: 2000(3)ALD630; 2000(1)ALT466
ORDERM.S. Liberhan, CJ 1. The appellant-Union of India has challenged the action of the respondent-A.P. State Road Transport Corporation which is admittedly and concedingly the owner of Stall No.11 of Vijayawada BUS Station in not allowing them to continue their STD Booth installed in the said stall.2. The appellant is a licensee in respect of the above premises and though the lease period has expired as long back as in 1996, the appellant continued to operate the booth. The learned single Judge dismissed the writ petition, but, however, allowed to continue in the stall till such time the auction in respect of the said premises is finalised but subject to payment of rent at Rs.3,000/- per month.3. The learned Standing Counsel for the appellant argued that since the Union of India has provided the STD facility in the Bus Station in the public interest, consequently, the respondent is not entitled to have a right to claim or charge licence fee for permitting the premises to be used by th...
Choppadandi Narsubai Vs. Chief Secretary Government, General Administr ...
Court: Andhra Pradesh
Decided on: Sep-15-1999
Reported in: 2000(4)ALD350
ORDER1. The petitioner's husband was allegedly murdered by extremists on 5-12-1995. A criminal case is registered in respect of the same by the police of Kadam and the said case is pending for trial. The Government of Andhra Pradesh has issued a G.O. on 8-11-1996 giving certain succour to the dependants of the victims who have been liquidated by the extremists in the State. Under the said G.O. the Government has decided to provide employment to the son or daughter or spouse of any person killed in the extremists violence or in police firing. The G.O. directs all the Collectors to issue orders in respect of any Department where there is a vacancy for appointment of such dependant of the victim at the level of Junior Assistant/Typist depending upon the qualifications of the applicant. The Collectors are further authorised to relax age, on case to case basis for such appointment. Clause (4) of the G.O. says 'the above order will come into effect from 20-2-1996'. Petitioner made representa...
A.P. Dalit Maha Sabha Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Sep-15-1999
Reported in: 1999(6)ALD63; 1999(6)ALT21
ORDERM.S. Liberhan, CJ .1. HyderabadUrban Development Authority (for short 'HUDA') took over 1000.23 acres of Poramboke and Kancha Sircari agriculturalland of village Manikonda because of industrialisation and urbanisation around it. Indian School of Business Management (for short 'ISB') was allotted 250 acres by Government for imparting training to the students in the field of business management and allied fields from all over the world.2. In view of the proximity of its location to the Indian Institute of Information and Technology (for short 'HIT') and other large number of educational institutions having come up like, Telecommunications Training Centre and Institute of Department of Telecommunications, Government of India, Environmental Protection, Training and Research Institute, Jawaharlal Nehru Institute of Banking (promoted by IDB1), the ambience of the area, establishment of National University in 200 acres of area etc., a Memorandum of Understanding was entered on 6-9-1998.3...
United India Insurance Company Limited Vs. T. Subrahmanyam Reddy and O ...
Court: Andhra Pradesh
Decided on: Sep-15-1999
Reported in: 1999(6)ALD755
ORDERMotilal B. Naik, J1. At thethreshold itself, we felt that the appeal could be disposed of without issuing notice to the respondents. Therefor, we condone the delay of 16 days in preferring the appeal. Accordingly, CMP No.19460 of 1999 is ordered.2. The appeal is filed against the award and decree of the Motor Accident Claims Tribunal-cum-IV Additional District Judge, Chittor at Tirupati passed in MVOP No.57 of 1998 dated 19-3-1999. Appellant, United India Insurance Company Limited, is the second respondent in MVOP No.57 of 1998 which was filed by the first respondent herein seeking a compensation of Rs.5,00,000/- for the injuries sustained by him in the accident which took place on 4-8-1996. The first respondent-petitioner who was working as a driver in the third respondent-Corporation, at the time of the accident, was driving the RTC bus bearing Registration No.AP 9Z 7427. It was the case of the first respondent-petitioner before the Tribunal below that while he was driving the s...
State of Andhra Pradesh Vs. Ramakrishna Marbles
Court: Andhra Pradesh
Decided on: Sep-15-1999
Reported in: [2000]119STC338(AP)
ORDERP. VENKATARAMA REDDI, J. 1. We see no ground to admit this tax revision case. The Tribunal had rightly held that the concessional rate notified in G.O. Ms. No. 130, Revenue (CT-II) Department, dated February 14, 1989 applies in regard to the marble tiles sold by the respondent. The contention of the department that marble tiles and marble articles come under entry 43 of the First Schedule was not accepted by the Tribunal. Apart from the principle that in the case of reasonable doubt as to which entry of tax schedule applies, the benefit would go to the assessee, a perusal of the G.O. makes it clear that the concessional rate is made applicable to the tiles. No distinction is made between different categories of tiles, viz., mosaic, marble, granite, etc. Hence we see no error in the impugned order of the Tribunal.The tax revision case is dismissed at the admission stage....
S. Srivalli and ors. Vs. Secretary, Board of Intermediate Education an ...
Court: Andhra Pradesh
Decided on: Sep-15-1999
Reported in: 1999(6)ALT785
ORDERB.S.A. Swamy, J.1. In these two writ petitions the question that has arisen for consideration of this Court being common, i.e., whether the action of the respondents in not conducting instant examinations to the students of Vocational Courses in Intermediate is violative of Article 14 of the Constitution of India, they can be disposed of by a common judgment.2. In both the writ petitions, four students in all, who studied Intermediate Vocational Course in Computer Science and Engineering courses during the academic years 1997-1999, seemed to have appeared for the final year examinations held in the month of April, 1999 and all of them seemed to have failed in one subject. When they tried to appear for the instant examinations that are being conducted by the 1st respondent, the respondents refused to receive the examination fee by stating that instant examinations are being held only for the students in the academic stream, but not to the students of vocational stream.3. The petiti...
Gaddam Rajaiah Vs. M.R.O. and Mandal Executive Magistrate and ors.
Court: Andhra Pradesh
Decided on: Sep-15-1999
Reported in: 1999(2)ALD(Cri)933; 2000(1)ALT(Cri)431; 2000CriLJ1057
ORDERVaman Rao, J. 1. In this petition filed under Section 482, Cr. P.C. the order passed by the first respondent Mandal Revenue Officer dated 28-7-1999 passed under Section 145, Cr. P.C. in respect of the land dispute relating to S.No. 212 situated at Chinthapally village is sought to be quashed.2. The Mandal Revenue Officer has received a report from Sub Inspector of Police, Dandepally stating that the land bearing S.No. 212 measuring Ac. 6-02 guntas situated at Chinthapally village of Dandepally mandal was under dispute and there was possibility of breach of law and order in the village, and requested the Mandal Revenue Officer to initiate action under Section 145, Cr. P.C. and pass suitable orders.3. It may be mentioned that the learned Mandal Revenue Officer and Executive Magistrate while initiating action under Section 145, Cr. P.C. and directing the parties concerned to file written statements of their respective cLalms as to the fact of actual possession of the said land also d...
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