Andhra Pradesh Court February 2000 Judgments

D. Madhava Reddy and Others Vs. Collector (Co. Operation), Warangal an ...

Court: Andhra Pradesh

Reported in: 2000(4)ALD430; 2000(4)ALT252

ORDERP. Venkatarama Reddi, J.1. This appeal is by unsuccessful writ petitioners who questioned the notice dated 20-11-1999 issued by the District Collector (Co-operation), Warangal convening the meeting of the Managing Committee of the District Co-operative Central Bank Limited, Warangal on 7-12-1999 for consideration of the proposed motion of no confidence against its President (first appellant herein). The said notice was issued under Section 34-A of A.P. Co-operative Societies Act. The writ petition was allowed by a learned single Judge and the notice issued by the Collector was quashed on the ground that the notice fell short of 15 clear days and therefore violative of the mandatory requirement of Section 34-A(3). Naturally, the appellants are not aggrieved by this part of the judgment. However, the appellants are aggrieved by the further direction given by the learned single Judge leaving it open to the Registrar to issue notice for convening a meeting in accordance with Section 3...

Assistant Divisional Engineer, Electrical Operation Vs. G. Purushotham ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

S. Parvatha Rao, President: 1. FA. IA. No. 1571/1999 is an application for condoning the delay of 8 days in the opposite party in C.D. No. 111/1996 on the file of Warangal District Forum presenting the appeal FA. SR. No. 3239/1999 questioning the order of that District Forum therein dated 6.5.1999. The order was despatched on 17.9.1999 and was received on 21.9.1999 by the petitioner/appellant as seen from the endorsement on the certified free copy of the order of the District Forum filed with the appeal papers. The last date for presenting the appeal, therefore, was 21.10.1999. The appeal was presented on 29.10.1999. The reason for the delay in presenting the appeal was stated in the affidavit in support of the application for condoning the delay as follows : It is submitted that after receiving the order on 21.9.1999 from the Consumer Forum, Warangal, we approached the Board Advocate to give the legal opinion. After perusing the judgment, Advocate advised to file appeal before the A.P...

Edupalli Dasarada Rama Rao and ors. Vs. Ongole Municipality and ors.

Court: Andhra Pradesh

Reported in: 2000(2)ALT93

M.S. Liberhan, C.J.1. By order dated 17-12-1999, a learned single Judge of this Court has referred the following issue arising in the above writ petitions for decision of this Full Bench:'Whether the State Government can exercise the power of reconveying the land to the original owner or his legal representatives under Board Standing Orders, BSO 90 (32) in the teeth of the judgments of the Supreme Court reported in State of Kerala v. Bhaskaran Pillai, : AIR1997SC2703 and Chandragauda Ramgonda Patil v. State of Maharashtra, : (1996)6SCC405 .'2. During the course of the arguments in the matter, it has been brought to our notice that the State Government had issued G.O.Ms. No. 783, Revenue (LA) Department, dated 9-10-1998 substituting paragraph 32 of the BSO 90. Thus, in view of this G.O. the issue raised and referred to this Full Bench has become academic only and the same does not survive for consideration by us. Consequently the writ petitions that have been filed seeking enforcement o...

The Divisional Manager, L.i.C. of India Vs. Y. Ratnamma

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Dr. (Mrs.) Mamata Lakshmanna, Member: 1. This appeal has been filed by the Divisional Manager, LIC of India, Divisional Office at Nellore, opposite party No. 2 in the original C.D. against the order of the District Forum, Nellore in C.D. 48/98, dated 30.6.1999. The original petition in the C.D. was filed by the complainant, Smt. Y. Rathnamma against the Branch Manager (Sr.), LIC, Atmakur and Divisional Manager, LIC of India, Divisional Office, Nellore stating that her husband Y. Chandrayya took a Life Insurance Policy with accident benefit vide Policy No. 650532193 for Rs. 10,000/- from the appellant. After more than 5 years on 4.5.1996 her husband fell from palm tree and succumbed to injuries and died on the spot. The Village Administrative Officer was informed who after investigation recorded it in the village records. The complainant informed the opposite party immediately with a request to pay Rs. 10,000/- alongwith benefits accrued. The first opposite party through its letter date...

M/S. Desk to Desk Courier and Cargo Ltd. Vs. Ms. Reesi Krishnaveni and ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Dr. (Mrs.) Mamata Lakshmanan, Member: 1. This appeal is filed by the opposite party No. 2 against the order of the District Forum, Visakhapatnam dated 27.8.1999 in C.D. No. 566/98. The original complaint was filed by Smt. Reesi Krishnaveni against M/s. Desk to Desk Courier and Cargo Limited, N.A.D. Kotha Road (opposite party No. 1) represented by its Manager and Desk to Desk Cargo Ltd., Dondaparthy, Visakhapatnam (opposite party No. 2) for deficiency of service in not delivering her application in time addressed to the Principal, D.I.T.E., Vomarvally, Srikakulam District. On 14.7.1998 the complainant handed over the application to be delivered on the above address, 20.7.1998 being the last date for receiving applications. The examination was to be held on 2.8.1998. However since the complainant did not receive any hall ticket, she enquired on 28.7.1998 from the opposite party No. 1/respondent No. 2 who could not confirm whether her application was delivered in time. Subsequently it nei...

Saheli Chit Funds (P) Limited, Hyd. Vs. N. Chandrakanth Agarwal and Ot ...

Court: Andhra Pradesh

Reported in: 2000(2)ALD776; 2000(2)ALT630

ORDER1. The plaintiff is the appellant herein, who challenges the dismissal of its suit for recovery of Rs.41,587-50 as per the judgment and decree in OS No.140 of 1984, dated 10-4-1985 on the file of the Additional Chief Judge, City Civil Court, Hyderabad.2. The suit claim is for recovery of the amount due under a chit with the plaintiff, a registered company doing chit business, wherein the defendant having become a member for the chit of the value of Rs.45,000/- with a duration of 30 months with a monthly subscription of Rs.1,500/-wiih effect from 29-4-1976 and havingexecuted the agreement and subscribed for the same, had lifted the prize money of Rs.24,925/- on 6-8-1976 in the auction held on 26-7-1976 and subsequently, committed default in payment of installments. Defendants 2 to 4 are the guarantors. Defendant No. 1 had also executed a promote dated 24-7-1976 for a sum of Rs.39,000/-vvith the collateral security from defendants 2 to 4, who had executed a separate agreement. Thoug...

i.S.N. Murthy Vs. Apstrc, Visakhapatnam and Another

Court: Andhra Pradesh

Reported in: 2000(5)ALD484; 2000(3)ALT508; [2000(87)FLR860]

ORDER1. The Petitioner is a Conductor working in APSRTC from 1977. The present writ petition has been filed by him assailing the orders of the 2ndrespondent dated 21-7-1999 imposing capital punishment of his removal from service vide proceedings No.02/62 (34)/99-NRPM which was confirmed on appeal by the 1st respondent in proceedings dated 19-11-1999.2. The charge against the petitioner is that while the petitioner was conducting the bus on route from Narsipatnam to Kotturu via Jilledipudi, he has collected an amount of Rs.5-00 from two passengers but failed to issue tickets. However, it appears, on seeing the checking officials, tickets were punched at stage No.3 and failed to punch the tickets at the alighting stage. In view of the charge of misappropriation of Rs.5-00, the authorities, after following the due procedure, has removed the petitioner from service by order dated 21-7-1999. The petitioner preferred a statutory appeal before the 1st respondent-appellate authority and the 1s...

Central Bank of India Vs. Nalakuditi Bullaiah and ors.

Court: Andhra Pradesh

Reported in: 2000(2)ALT786; [2001]105CompCas384(AP)

B. Prakash Rao, J.1. This appeal by the plaintiff-bank is filed against the judgment and decree in O. S. No. 205 of 1983, dated September 17, 1984, passed by the learned Principal Subordinate Judge, Narsaraopet, principally on the sole ground of not granting the interest in view of the amendment of Section 21A of the Banking Regulation Act, 1949.2. The court below relying on the judgment in Medikonda Satyanarayana v. Andhra Bank [1984] 2 APLJ 290, has rejected the claim. As regards the question of application of Act 4 of 1938, the issue is no longer res integra and it is covered by my earlier judgment in Union Bank of India v. G. Shiva Reddy : 1999(3)ALT719 , wherein it was held that in view of the said amendment of Section 21A of the Banking Regulation Act, 1949, the Act 4 of 1938 has no application in respect of the banking transactions and the interest charged in pursuance of a mortgage transaction is valid. However, the interest in respect of agricultural transactions has to be onl...

C. Nageswara Rao Vs. State of Andhra Pradesh and anr.

Court: Andhra Pradesh

Reported in: 2000(1)ALD(Cri)490; 2000CriLJ2121

ORDERVaman Rao, J.1. This petition under Section 482 of Cr.P.C. seeks quashing of the orders of the IV Additional Metropolitan Sessions Judge, Hyderabad dated 15-2-2000 passed in Crl. M.P. No. 86 of 2000 in Cri. Appeal No. 13 of 2000 under which the learned Additional Metropolitan Sessions Judge dismissed the petitioner-accused's petition for suspending the sentence.2. It appears that the petitioner was prosecuted for the offence under Section 138 of the Negotiable Instruments Act under which he was convicted and sentenced to pay a fine of Rs. 5,000/- and to undergo rigorous imprisonment for a period of two months. It is not disputed that the petitioner had deposited the fine imposed.3. The learned counsel for the petitioner contends that normally in an appeal against conviction, the substantive sentence of imprisonment is suspended during the pendency of the appeal and for no reason the learned Additional Metropolitan Sessions Judge in this case has refused to suspend the sentence.4. ...

Koduri Manohar and anr. Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2000(1)ALD(Cri)502; 2000(1)ALT(Cri)427; 2000CriLJ4845

Ramesh Madhav Bapat, J.1. Accused Nos. 1 and 2 who are tried by the learned Sessions Judge, Karimnagar in Sessions Case No. 872/96 are the appellants herein. Originally, 56 accused were charged for an offence punishable under Sections 147, 148 and 307 read with 149 IPC. But the learned Sessions Judge acquitted Accused Nos. 3 to 5 of all the charges and the appellants herein were convicted for the offence punishable under Section 302 IPC and sentenced them to undergo life imprisonment.2. The gravamen of the charge against the accused-appellants was that on 24-10-1995 at about 7.45 pm the appellants along with the other accused had attacked one Sriramulu Jagan Mohan (deceased) near the post office, Ramnagar, of the Karimnagar town. It is further alleged that the appellants stabbed the above person with knives causing bleeding injuries. Accused Nos. 3 to 5 are alleged to have caught hold of the deceased. It is further alleged that due to the injuries caused, the victim died on 25-10-1995 ...