Andhra Pradesh Court December 2000 Judgments
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Byreddy Govinda Reddy V. Talanakula Vs. Suresh Babu
Court: Andhra Pradesh
Decided on: Dec-15-2000
Reported in: 2001(1)ALD457; 2001(1)ALT549
ORDER1. This application is directed against the judgment and order dated29th November, 1997 passed by Sri Y. Ganapathi Rao, District Munsif, Kanigiri, Prakasam District, in EP.No.2 of 1977 arising out of OS No.166 of 1993 whereby and whereunder he allowed an application filed by the decree holder-opposite party to arrest and to put the petitioner in civil prison for the purpose of realisation of the decretal amount. 2. The sole question which arises for consideration was as to whether the petitioner herein was a small farmer within the meaning of the provisions of Acts 7 of 1977, 45 of 1987 and 2 of 1990. 3. Both the parties examined themselves. The petitioner herein had proved the Ryotwari Passbook which was marked as Ex.R1. From a perusal of the judgment under revision, it does not appear that the decree holder had been able to prove that the petitioner herein is not a small farmer within the meaning of the provisions of the said Act. The learned trial judge held that-'Ex.R1 is issu...
Palaparti Jagannayakulu Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Dec-15-2000
Reported in: 2001(2)ALD711; 2001(1)ALD(Cri)50; 2001(1)ALT(Cri)161
ORDERRamesh Madhav Bapat, J1. The sole accused in Sessions Case No.128 of 1998, which was decided by the Learned III Additional Sessions Judge, Kakinada, is the appellant herein. The accused-appellant was tried for an offence punishable under Section 302 of the Indian Penal Code for causing the murder of (1) his mother,Subbayyamma (D1), (2) his brother Satyanarayana (D2) and (3) his sister-in-law Parvathi (D3) by hacking them with a knife on 8-12-1997 at 3.00 a.m., at A.K. Mallavaram village. On evidence, the learned Judge found the accused-appellant guilty and, therefore, sentenced him to suffer imprisonment for life and to pay a fine of Rs.10,000/-, in default to suffer simple imprisonment for six months.2. The prosecution story can be briefly narrated as follows : PW3 was the mother-in-law of Satyanarayana (D2). Her daughter Parvathi (D3) was given in marriage to Satyanarayana (D2). The accused was the elder brother of Satyanarayana (D2). The accused along with his wife and children...
Mohd. Rafiq MohiuddIn and anr. Vs. S. Narasimha and anr.
Court: Andhra Pradesh
Decided on: Dec-15-2000
Reported in: 2002ACJ1611; 2002(3)ALT212
ORDERN.V. Ramana, J.1. This appeal is filed by the Opposite Party in W.C. No. 2 of 1994 on the file of Commissioner of Workmen's Compensation Act, Hyderabad.2. The first appellant is the Contractor and second appellant is the Mutawalli in-charge of Darga Rajul Qualtal, Misrigunj, Hyderabad. First respondent herein is the workman who is the applicant in W.C. No. 2/1994. Aggrieved by the compensation granted to the workman in the said W.C., the present appeal is filed.3. The brief facts of the case are that the 1st respondent/workman was working under the first appellant for the past several years. On 26-8-1993, he was working in the premises of the 2nd Appellant-Darga as per the directions of the first appellant. The 1st appellant directed the 1st respondent/ workman to blast stones in the premises of the 2nd appellant-Darga. As per the directions of appellants 1 and 2, while the workman/1st respondent was blasting the stones, the accident took place. After making arrangements for blast...
Vishwa Hindu Parishad Vs. Collector and District Magistrate, Machilipa ...
Court: Andhra Pradesh
Decided on: Dec-14-2000
Reported in: 2001(1)ALD260
ORDER1. Heard the learned Counsel for the petitioner and the learned Government Pleader for Home.2. This case is a classic example of the present day misunderstanding of the term 'Secularism' - one of the main pillars of the basic structures of our Constitution - by the public authorities. In their lopsided understanding Secularism means oppressing the religion professed by the majority of the people of this Country and favouring the minority religions.3. The facts of this case, which are narrated hereunder, bare ample testimony of this:The petitioner, Viswa Hindu Parishad, is a Society registered under the Societies Registration Act. It has decided to hold a public meeting on 16-12-2000 in Swarjya Maidan (PWD Grounds) of Vijayawada Town. On 27-10-2000 the petitioner made an application to the Executive Engineer, K.C. Division, Vijayawada, 4th respondent herein, seeking allotment of Bandar Road side portion of the said Maidan (half ground) to conduct a public meeting, undertaking to be...
Mohd Yakub Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Dec-14-2000
Reported in: 2001(1)ALD507; 2001(2)ALT140
ORDER1. The petitioner who is working as Electrician-cum-Mechanic in the 3rd respondent college filed this writ petition questioning the action of the respondent in not releasing the grant-in-aid from 1-1-1990 to 30-9-1991, the date on which the petitioner retired from service of the respondent institution on attaining the age of 60 years.2. The facts of this case are that while the petitioner was working as Electrician-cum-Mechanic in the 3rd respondent college, on the basis of the instructions given by the college, the 3rd respondent-college served notice dated 15-4-1989 stating that he will be retired from service on 30-9-1989 on attaining the age of 58 years which was fixed as retirement age for the Mechanics. Questioning the said notice, the petitioner seemed to have filed writ petition No.12816 of 1989 and obtained interim orders for continuance of service in the 3rd respondent college and for payment of salaries also. During the pendency of the writ petition, the petitioner reti...
Basa Jagannadharao Vs. Bharat Motor Parcel Service, Head Officer, Raja ...
Court: Andhra Pradesh
Decided on: Dec-14-2000
Reported in: 2001(2)ALD75; 2001(1)ALT684
ORDER1. This revision petition is filed against the order dated 24-9-1997 passed by the Court of the Subordinate Judge, Sompet, Srikakulam District in IA No.723 of 1996 in OS No.72 of 1994. By the impugned order, the lower Court allowed the application made by the respondent herein holding that the Court of the Subordinate Judge, Sompet, has no jurisdiction to try the suit. Holding so, it directed the petitioner-plaintiff to present the suit before the Court of the Subordinate Judge, Rajahumndry, within two weeks from the date of the said order.2. The plaintiff filed the suit being OS No.72 of 1994 before the Court of the Subordinate Judge, Sompet, for recovery of all monetary benefits in a sum of Rs.85,969-46 ps. In the suit, he claimed that he has been an employee/agent of the defendant concern for more than 30 years, and that he is entitled for the suit amount. The defendant filed written statement inter alia taking a plea that the Court at Sompet has no pecuniary or territorial jur...
Prakasam District Sarpanchas Association and Another Vs. Govt. of A.P. ...
Court: Andhra Pradesh
Decided on: Dec-13-2000
Reported in: 2001(1)ALD143; 2001(1)ALT138
ORDERMOTILAL B. NAIK, J .1. One of the Directive Principles of State Policy asenshrined in Article 40 of the Constitution of India is that the States shall take steps to organise village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-Government. Past experience showed that the Panchayat Raj Institutions have not been able to acquire the status and dignity of viable and responsive peoples bodies due to a number of reasons including absence of regular elections, prolonged supersessions, insufficient representation of weaker sections like Scheduled Castes, Scheduled Tribes and Women, inadequate devolution of powers and lack of financial resources. It is in this background, a bill to seek 73rd Amendment to the Constitution of India was introduced to achieve the following objectives, viz. :'To add a new Part relating to Panchayats in the Constitution to provide for among other things, Gram Sabha in a village or group ...
V. Srihari Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Dec-13-2000
Reported in: 2001(1)ALD283; 2001(1)ALT1
ORDERS.B. Sinha, CJ.1. The petitioner in this writ application, which is in the nature of public interest litigation, has inter alia prayed for issuance of a writ or direction in the nature of mandamus declaring G.O. Ms. No.455, Food, Civil Supplies and Consumer Affairs - C.S.IV, Department, dated 30-7-1996 as unjust, unfair and violative of Articles 21 and 47 of the Constitution of India and continue the scheme introduced through the fax message dated 23-12-1994 from the Commissioner of Civil Supplies and Ex-Officio Secretary to Government, as also for a direction to the State not to increase the price on subsidy rice supplied under public distribution system through the fair price shops to the white card holders.2. The petitioner in this writ application, inter alia, has submitted that by reason of the impugned Government Order the prices of the essential commodities have unjustly been raised. The learned Counsel appearing on behalf of the petitioner, however, had confined his argume...
A.P.S.R.T.C. and ors. Vs. M. Chandrasekhar
Court: Andhra Pradesh
Decided on: Dec-13-2000
Reported in: 2001(1)ALT401; (2002)IVLLJ33AP
1. Having regard to the fact situation obtaining herein, namely, that despite being directed to retire on health grounds prematurely, on re-examination the writ petitioner-respondent was found medically fit whereafter he was reinstated in the post of Conductor, we are of the opinion that no cause has been made out for interference with the impugned judgment passed by the learned single Judge.2. The appeal is accordingly dismissed. No costs....
Jana Nagamallayya Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Dec-12-2000
Reported in: 2001(1)ALD257; 2001(1)ALT340
ORDER1. In this revision under Section 21 of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1975 (hereinafter called 'the Act') the declarant is the petitioner. He is aggrieved by the order of the Land Reforms Appellate Tribunal ('Appellate Tribunal' for brevity) dated 4-7-1997 in LRA No.34 of 1996. By the said order, the Appellate Tribunal dismissed the appeal of the petitioner filed against the order dated 24-9-1996 of the Land Reforms Tribunal ('Primary Tribunal' for brevity) in LCC No.1073, 797, 959/RZO of 1975.2. The petitioner fought the litigation under the Act up to the Supreme Court and it was finally determined that he holds 1.5802 standard holdings in excess of the ceiling limit. The petitioner, therefore, proposed to surrender an extent of Ac. 1-32 cents i.e., Ac 0-19 cents in RS No.463/1A, Ac.0-55 cents in RS No.462/5, Ac.0-20 cents in RS No.460/1, Ac 0-05 cents in RS No.713/2 and Ac.0-33 cents in Rs No.795/1B, of Sakhinetipalli Village, East Godavari distri...
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