Andhra Pradesh Court March 2000 Judgments
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Aga Khan Social Welfare Society, Wqarangal Vs. Samudrala Srinivasa Rao
Court: Andhra Pradesh
Decided on: Mar-02-2000
Reported in: 2000(3)ALD167
1. These two second appeals can be disposed of by a common judgment as they arise out of two suits which were disposed by a common judgment. The sole defendant in both the suits, who is one and the same, is the appellant.2. The two suits were filed by two different plaintiffs-landlords against the same defendant-tenant for eviction from the demised premises and for damages for use and occupation. The facts are not in dispute. The suit premises were leased out by the plaintiffs to the defendant for running a school. Initially the leases were granted for one year from 1-5-1990 to 30-4-1991.Subsequently the leases were extended for a further period of two years i.e., upto 30-4-1993. The agreed rent in one case is Rs.3,000/- per month and in the other it is Rs.2,000/- per month. The suits were filed after issuing quit notices to the defendant by registered post on 6-7-1993 terminating the tenancy with effect from 31-7-1993 and claiming damages for use and occupation at the rate of Rs. 15,0...
K. Sankaramma and Another Vs. Venkateswara Engineering and Constructio ...
Court: Andhra Pradesh
Decided on: Mar-02-2000
Reported in: II(2000)ACC629; 2002ACJ599; 2000(3)ALD360; 2000(3)ALT112
ORDER1. The claimants filed this civil miscellaneous appeal against the order and decree dated 6-7-1994 in OP No.286 of 1993 on the file of the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Kurnool. The first appellant is the mother and the second appellant is the brother of the deceased Vykunta Narayana.2. The appellants field the petition before the Tribunal below stating that the deceased Vykunta Narayana died in the lorry accident on 31-3-1993 at about 2.30 p.m., on R. Konthalapadu-Sunkesula road while he was going on his cycle, due to the rash and negligent driving of the driver of the lorry Bearing No.AIH 5797 belonging to the first respondent and insured with the second respondent herein.3. The Tribunal below after considering the oral and documentary evidence on record held that the appellants-claimants have filed to establish that the accident occurred due to rash and negligent driving of the lorry Bearing No.AIH 5797 by its driver and therefore awarded onl...
Varaganti Narayana Vs. Election Officer Municipal Commissioner, Alwal ...
Court: Andhra Pradesh
Decided on: Mar-02-2000
Reported in: 2000(4)ALD450; 2000(3)ALT617
ORDER1. The State Election Commission ('the Commission' for brevity) in exercise of powers conferred by clause (1) of Article 243-ZA of the Constitution of India read with Section 10-A of the A.P. Municipalities Act, 1965 ('the Act' for brevity) and Section 9 of Hyderabad Municipal Corporation Act, 1955 ('HMC Act' for brevity) as applicable to other Corporations, issued notifications on 12-2-2000 calling upon the voters in Municipalities and Municipal Corporations to elect Chairpersons/Mayors/wards members. In accordance with the notifications issued by the Commission, various Election Authorities issued election notifications on 14-2-2000. As per the election notifications, the last date for filing nominations in the Municipalities and Corporations is 21-2-2000. The various Election Officers conducted scrutiny of all the nominations for the offices of Chairpersons/Mayors/Ward members on 22-2-2000. The Election Officers rejected the nominations and passed orders of rejection. In all th...
Tummuri Suryanarayana Vs. Jagatha Seshagiri Rao and Others
Court: Andhra Pradesh
Decided on: Mar-02-2000
Reported in: 2000(5)ALD400; 2000(3)ALT746
1. This appeal arises out of a judgment and decree of the Sub Court,Amalapuram in OS No.46 of 1979, dated 21st March, 1985.2. The second defendant is the appellant in this appeal.3. The first respondent herein filed OS No.46 of 1979 on the file of the Sub-Court, Amalapuram for recovery of an amount of Rs.11,000/- on the basis of a mortgage said to have been executed by one late Rachakonda Satyanarayana, the first defendant in the suit on 30-8-1967. While the first defendant remained ex parte, the appellant herein who is a purchaser of the rice mill formed part of the mortgage deed in the auction conducted by the Court in execution of the decree in OS No.3 of 1966, dated 13-2-1969 contested the suit by filing a written statement that the mortgage deed is sham and nominal and was brought into existence to defeat his rights under OS No. 1 of 1958 bn the file of District Munsif, Amalapuram which was renumbered as OS No.3 of 1966 after remand by the appellate Court and was decreed against t...
N. Krishna Murthy Vs. Government of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-01-2000
Reported in: 2000(2)ALD466; 2000(2)ALT104
ORDER1. In this Batch of writ petitions, the validity of the Government Order G.O. Ms. No.56 Housing (HB2) Department, dated 24-7-1997 (for short 'the impugned GO), issued by the Governor of Andhra Pradesh in exercise of the power conferred upon him by clause (6) of Section 2 of the Andhra Pradesh Housing Board Act, 1956 (for short 'the Act'), appointing all the Executive Engineers (Housing) within the jurisdiction of their respective divisions, to act as Competent Authorities for the purpose of evicting encroachments, determining the damages and passing such other orders incidental, consequential and ancillary to such eviction, in terms of the provisions contained in Sections 52 and 53 of the Act, is assailed. The Government of Andhra Pradesh by the same impugned Government Order has also appointed the Assistant Estate Officers within their respective jurisdiction to Act as Competent Authorities for the purpose of recovery of dues and such other arrears as are liable to be paid by any...
District Co-operative Central Bank, Chitoor Vs. V. Suryanarayana Setty ...
Court: Andhra Pradesh
Decided on: Mar-01-2000
Reported in: 2000(2)ALD646; 2000(2)ALT444
ORDER1. The question that arises for consideration in this revision petition is, whether the petition filed by the District Co-operative Central Bank, Chittoor underSection 83 of the Transfer of Property Act (for short 'the Act'), seeking relief of redemption of mortgage and for delivery of vacant possession of the petition schedule property, is maintainable.2. The facts leading to the case are asfollows:The case has a chequered career. Y. Kamalamma and Girijamma borrowed a sum of Rs.500/- in March, 1954 from M. Sarojamma and executed a registered usufructuary mortgage deed. Subsequently Sarojamma transferred the said mortgage in favour of one Donti Lakshmaiah Chetty on 24-8-1955 and later Lakshmaiah Chetty transferred the same in favour of M. Chandra Mouli and his wife in 1957. Thereafter, these persons again transferred the mortgage deed to the respondent, V. Swyanarayana Setty on 21-1-1959. However, the said Suryanarayarta Setty died and his legal representatives were brought on rec...
K. Harinath Reddy and Others Vs. Inams Deputy Tahsildar, Chittor and O ...
Court: Andhra Pradesh
Decided on: Mar-01-2000
Reported in: 2000(2)ALD713
ORDERN.Y. Hanumanthappa, J. 1. The petitioners have filed this writ petition seeking a writ of mandamus directing the respondents to grant Ryotwari Patta under Section 7 of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (hereinafter referred as 'Act') in respect of the land in Survey No.246 of Vallerigunla Patteda in Tiruchamir Village, Tirupathi Rural Mandal.2. Few undisputed facts which are necessary to dispose of this writ petition are the following :The petitioners are the legal heirs of one K.R. Krishna Reddy. Originally, the lands in Survey Nos.243 to 260 of Vallerigunta Patteda in Timchanur village were inam lands and M. Singaracharl and others were the inamdars. Under a registered sale-deed dated 2-2-1970, K.R. Krishna Reddy purchased the lands in the said Survey Nos. from M. Singaracharl and other inamdars. During the year 1979, the said lands were partitioned by a decree of the civil Court between K.R. Krishna Reddy and others. In th...
S. Sreeramachandra Murthy and Another Vs. Deputy Commissioner of Incom ...
Court: Andhra Pradesh
Decided on: Mar-01-2000
Reported in: 2000(4)ALD374; 2000(2)ALT561; [2000]243ITR427(AP)
ORDERP. Venkatarama Reddi, J 1. The petitioner has questioned the notice dated 27-3-1998 issued under-Section 148 of the Income Tax Act (for short 'the Act') in a bid to re-open the assessment for the assessment year 1992-93 which was completed on 10-3-1993. The petitioner filed a return under protest and filed this writ petition questioning the jurisdiction of the first respondent to re-open the assessment.2. The re-assessment proceedings have bepn initiated on the ground that the petitioner under-estimated the cost of construction of a commercial complex constructed during the year 1992-93 and the differential cost is attributable to unexplained income.3. In order to attract Section 147 of the Act, the first and foremost requirement is that the Assessing Officer should have reason to believe that the income chargeable to tax has escaped assessment for any assessment year. It is not in dispute that in the present case, the proviso is attracted. If so, the further requirement on which ...
Oriental Insurance Co., Ltd., Hyderabad Vs. Pinjary Hussainamma and Ot ...
Court: Andhra Pradesh
Decided on: Mar-01-2000
Reported in: II(2000)ACC170; 2002ACJ597; 2000(4)ALD337; 2000(3)ALT109
1. The appellant-Insurance Company has filed this appeal against the judgment and decree in MVOP No.518 of 1990 dated 6-7-1994 on the file of the I Additional District Judge-cum-Motor Vehicle Accident Claims Tribunal at Kumool.2. The first respondent in this appeal is the claimant before the Tribunal. The 2nd respondent in this appeal is the owner of the offending vehicle bearing No. AEK. 5659. The Tribunal, on consideration of the evidence, held that due to rash and negligent driving of the driver of the bus bearing No. AEK 5659 belonging to the 2nd respondent herein and insured with the appellant herein, the first respondent received injuries. The Tribunal, therefore, awarded a compensation of Rs.41,200/-payable by the Insurance Company as well as the owner of the offending vehicle, jointly and severally.3. The only ground raised by the appellant in this appeal is that the cheque issued by the owner of the offending vehicle was dishonoured, and therefore the policy was cancelled by i...
Dr. A.V. Mohan Rao and anr. Vs. Kishan Rao and anr.
Court: Andhra Pradesh
Decided on: Mar-01-2000
Reported in: 2000(1)ALD(Cri)590; [2000]100CompCas729(AP)
ORDERJ. Chelameswar, J.1. This is a petition filed under Section 482 of the Code of Criminal Procedure praying to quash the proceedings in C.C.No.24 of 1999 on the file of the Court of the Special Judge for Economic Offences at Hyderabad. The petitioners are the accused Nos.1 and 2 in the said C.C., which came to be filed by way of private complaint by the first respondent herein alleging the commission of offences under Sections 60, 63, 68, 68A read with Section 621 of the Companies Act. The first respondent is a share-holder in a company called M/s. SPECTRUM POWER GENERATION LIMITED, Hyderabad which has its registered office at Hyderabad. The petitioners herein are the directors of the said company.2. The allegations of the complaint are that the petitioners floated a Company in United States of America (U.S.A.) - M/s. SPECTRUM TECHNOLOGIES USA INC at New York. In the said company, both the petitioners own 5000 of the shares each. The accused also floated an offshore company called S...
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