Andhra Pradesh Court January 2000 Judgments

Padigapati Sanjeevarayudu Alias Kethanna and ors. Vs. State of Andhra ...

Court: Andhra Pradesh

Reported in: 2000(1)ALD(Cri)557; 2000(1)ALT(Cri)471; 2000CriLJ3396

Ramesh Madhav Bapat, J.1. The accused Nos. 1 and 3 in Sessions Case No. 307 of 1992, which was decided by the First Additional Sessions Judge, Cuddapah, are the appellants herein. Initially A-1 to A-3 were tried for an offence punishable under Section 148, I.P.C. A-1 and A-2 were tried for an offence punishable under Section 302, I.P.C. A-3 to A-9 were tried for an offence punishable under Section 302 read with Section 149, I.P.C. A-3 to A-9 were tried for an offence punishable under Section 307, I.P.C. A-1 to A-9 were tried for an offence punishable under Sections 3 and 5 of the Explosive Substances Act. On evidence the learned Judge convicted A-1 to A-3. A-1 was convicted and sentenced to suffer imprisonment for life of the offence punishable under Section 302, I.P.C. and also to pay a fine of Rs. 1000/- in default to suffer S.I for three months. A-2 was convicted and sentenced to suffer R.I. for 7 years of the offence punishable under Section 304, Part II, I.P.C. and also to pay a f...

General Manager, Hyderabad Telecom and Another Vs. A.G. Chandrasekhar

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. We do not find any merit in this appeal preferred by the opposite parties in CD. No. 655 of 1994 questioning the order of the Hyderabad District Forum-II therein dated 2.8.1999. The complainant in the CD. is respondent in the appeal. 2. At this outset we have to note that the complaint was presented on 31.3.1994 by the complainant aggrieved that his application for shifting his telephone bearing No. 553514 from Malakpet to Amberpet made on 30.6.1993 was not attended to by the appellants. After repeated approaches, in August, 1993 he was confronted by the requirement of producing the receipts showing that he paid all the bills due to the Telephone Department in respect of his telephone. It is not as if the appellants did not have ample time from 30th June, 1993 to August, 1993 to verify whether the complainant was in arrears. On the other hand it was stated in the counter affidavit dated 17.9.1998 of Sri K. Sudhakar filed before the District Forum as foll...

Andhra Pradesh State Financial Corporation Vs. T.G.L. Quick Foods Limi ...

Court: Andhra Pradesh

Reported in: 2000(2)ALD398; 2000(4)ALT502

ORDER1. This is an application filed by the Andhra Pradesh State Finance Corporation, represented by its Manager, Branch, Kurnool to permit the finalisation fo the sale of assets of the company in liquidation in a sum of Rs.45,00,000-00 as is due form M/s. Swastik Corporation, Adoni, Kumool district.2. It is submitted that this Court in CA No.216 of 1996, by order dated 27-12-1996 permitted the applicant to remain outside the liquidation proceedings on the following terms:(i) The State financial Corporation (for short 'the SFC') shall undertake to discharge the amounts due by the company to workers, if any under Section 529-A of the Companies Act. (ii) The State Financial Corporation shall intimate atleast ten days in advancebefore the date fixed for receipt of tenders, to the official liquidator about the proposed sale of properties of the company; (iii) The petitioner shall also obtain permission of this Court before finalising tenders.3. Pursuant to the permission, the applicant iss...

Datla Narasimha Raju and Others Vs. Principal Secretary to Government ...

Court: Andhra Pradesh

Reported in: 2000(2)ALD365

ORDER1. This writ petition amply demonstrates how the statutory revisions provided under various statutes to the Government/Minister are stultified at the behest of the Subordinate Officials.2. The petitioners filed this writ petition seeking writ of certiorari to call for the records pertaining to the issuance of G.O. Rt. No.46, Social Welfare (F) Department, dated 31-1-1995(File No.9170/ F.2/93) on the file of the first respondent and to quash the same.3. The averments of the affidavit filed in support of the writ petition are as follows:The first petitioner and late Datla Sathyanarayana Raju, father of the petitioners 2 to 4 and the husband of the fifth petitioner, purchased land to an extent of Ac.88-08 cents in various survey numbers in Lakkonda village, Addathigala Taluk, East Godavari District from oneDasari Veera Raju in the year 1947. Before purchase, they have obtained prior permission from the Special Assistant agent to the Government vide proceedings in D.Dis No.4239/45 dat...

Svp Sarvani and Another Vs. Government of Andhra Pradesh

Court: Andhra Pradesh

Reported in: 2000(2)ALD453; 2000(1)ALT328

ORDERElipe Dharma Rao, J.1. These two writ petitions were filed assailing the correctness of the judgment of the Andhra Pradesh Administrative Tribunal, Hyderabad, (for short the Tribunal), in OA No.3047 of 1996 dated 6-7-1999 as illegal, arbitrary and unconstitutional and consequently to direct the respondents not to alter the seniority list in the cadre of Junior Assistants and Senior Assistants. As the issue involved in these two writ petitions is one and the same, they can be disposed of by a common order.2. The Writ Petition No. 17749 of 1999 was filed by Sri R. Venkata Ratnam, after obtaining permission from this Court, as the petitioner was not made a party respondent in the above said OA, by the third respondent herein, though he was an affected party.3. The brief facts of the case are that the petitioner in Writ Petition No. 17749 of 1999 was appointed as Record Assistant in the year 1985 in the Office of the DeputyCommissioner, Commercial Taxes, Abids, Hyderabad and subsequen...

N. Srinivas Vs. K. Kamalamma

Court: Andhra Pradesh

Reported in: 2000(2)ALD788; 2000(3)ALT255

ORDER1. On the ground of wilful default in payment of rent subsequent to the eviction petition, the eviction was ordered by both the Courts. Learned Counsel for the petitioner submits that the arrears of rent were received by the landlord even before the eviction petition was filed and, therefore, the eviction petition was not maintainable on that ground as held by both the Courts.2. As regard the default in payment of rents subsequent to the filing of eviction petition, learned Counsel for the petitioner relies on the decision of the Supreme Court in K.A. Ramesh v. Susheela Bat, : [1998]1SCR892 . Learned Counsel for the respondent on the other hand relies on certain decisions of the learned single Judges of this Court for the contrary proposition. The second point is a debatable one. Even then, the wilful default in payment of rents prior to the filing of eviction petition is sufficient to evict the petitioner-tenant. No doubt, the finding in this regard is against the respondent-land...

Rohatgi Yogendra Kumar Vs. Hmt Ltd., Hyd. and Another

Court: Andhra Pradesh

Reported in: 2000(3)ALD256; 2000(3)ALT738

ORDER1. This writ petition is filed for declaring the action of the respondent-company in not releasing the arrears of salary to the petitioner on account of revised pay scales, as illegal, arbitrary and discriminatory and for a consequential direction to the respondents to pay the arrears of salary as well as the difference in the terminal benefits as a result of the revision of pay scales effected from 1-1-1992.2. The petitioner ;5 an employee of the respondent-company-HMT Limited, which is a company completely owned by the Government of India. The petitioner joined the services of the respondent-company in the year 1979 as Deputy Manager in the lamps division. He was promoted as Manager in the year 1984 and further promoted as Assistant General Manager in the year 1991 and thereafter, in view of the Voluntary Retirement Scheme framed by the respondent-company, the petitioner had opted to the same and his option to retire under Voluntary Retirement Scheme was accepted by the responde...

Bahabalendruni Ramamurthy Vs. Uppala Krishna Murthy and Others

Court: Andhra Pradesh

Reported in: 2000(5)ALD46; 2000(4)ALT354

ORDER1. These two revisionpetitions are filed under Article 227 of the Constitution of India against the common order dated 6-8-1996 passed by the learned Special Assistant Agent Mobile Court, Bhadrachalam, Khammam district in IA No.70 of 1996 in IA No.16 of 1995 in OS No.27 of 1995.2. In CRP No.3020 of 1996 the revision petitioner field a suit in OS No.46 of 1994 on the file of the learned Special Assistant Agent, Mobile Court Bhadrachalam, seeking permanent injunction over the land to an extent of Ac. 05-95 cents in Survey No.97/1 situated at Nuguru village, Venkatapuram Mandal, Khammam district,against one Uppala Krishna Murthy, the first respondent herein. Petitioner filed IA No.24 of 1994 for interim injunction restraining the respondent therein from interfering with the petitioner's possession. Learned Special Assistant Agent, Bhadrachalam, by order dated 17-11-1994 granted interim injunction and by common order dated 29-06-1995 petitioner was granted police protection in IA No. ...

Nagarjuna Constructions Co. Ltd. Vs. Sharat Industries Ltd.

Court: Andhra Pradesh

Reported in: [2001]104CompCas602(AP)

A. Gopal Reddy, J.1. This company petition is filed for winding up of the respondent-company i.e., Sharat Industries Limited, previously known as M/s. Sharat Sea Foods Limited under Sections 433(e), (f) and 439 of the Companies Act, 1956 (for short 'the Act') read with rule 95 of the Companies (Court) Rules, 1959.2. According to the petitioner-company, the respondent-company was incorporated under the Act with an authorised share capital of Rs. 3 crores and the paid-up share capital was Rs. 5,77,62,200 divided into 57,76,220 shares of Rs. 10 each. The petitioner-company was awarded civil works of a 100 per cent. EOU integrated shrimp project at Venkannapalem village, Nellore District. The respondent-company issued a LOI on January 11, 1994, and the petitioner completed the civil works entrusted to it by the respondent-company. A meeting was convened on August 18, 1995, at the corporate office of the respondent-company and the respondent agreed and acknowledged an amount of Rs. 100 lakh...

Meenakshi Paper Mills (P) Ltd. Vs. Sattarsons Packaging (P) Ltd.

Court: Andhra Pradesh

Reported in: (2000)2CompLJ233(AP)

ORDERA. Gopal Reddy, J.1. This petition is filed under Section 433 (e) and (f), and 439 of the Companies Act, 1956, read with Rule 95 of the Companies (Court) Rules, 1959, for winding up of the respondent-company -- Sattarsons Packaging Private Limited, S.D. Road, Secunderabad.2. Briefly, the facts stated in the company petition are that the petitioner -- Meenakshi Paper Mills Private Limited, Hyderabad, is a manufacturer of paper of various varieties. In the course of business, the respondent had placed orders for the supply of paper from the petitioner from time to time and the petitioner was supplying the same since March, 1997. In the present case, the petitioner supplied thirty three (33) consignments of paper pursuant to various invoices between 3.7.1998 and 24.9.1998 ; and the total value of the supplies made was Rs. 15,68,6001.00. The copies of the invoices and the copies of the weighment sheets were filed as Annexure-A, as proof of receipt of material. In or about October, 199...