Andhra Pradesh Court August 2000 Judgments
Dasyam Elizabath Rani and ors. Vs. Dasyam Pradeep Kumar and ors.
Court: Andhra Pradesh
Decided on: Aug-29-2000
Reported in: 2000(2)ALD(Cri)539; 2001CriLJ47
T. Ch. Surya Rao, J.1. This Revision Case is directed against that part of the Order directing, the maintenance granted in favour of the petitioners to be paid from the date of the Order by the learned Judge, Family Court, Vijayawada, by his Order dated 28.10.1995 in M.C.No.98 of 1995. 2. A short, but, an important point that might often crop up for adjudication, well neigh in every proceeding under Section 125 of the Criminal Procedure Code ('the Code' for brevity), as to whether the maintenance allowance shall be paid from the date of order or from the date of application, arises in this case for adjudication. 3. The factual matrix germane for effective adjudication of the point involved in this case may be stated thus: The Revision Petitioners, claiming to be the wife and the minor children respectively, initiated proceedings under Section 125 of the Code against the respondent claiming maintenance at the rate of Rs.500/- each from the date of petition, on the premise that the respo...
Tag this Judgment!Kinnera Asirwadam and Others Vs. Govt. of A.P. and Others
Court: Andhra Pradesh
Decided on: Aug-28-2000
Reported in: 2000(5)ALD354; 2000(5)ALT108
ORDERB. Subhashan Reddy, J. 1. This batch of writ petitions arise out of a common judgment dated 7-5-1999 rendered by theAndhra Pradesh Administrative Tribunal in OA No.7993 of 1998 and batch and has got a checkered history relating to the appointment of Special Teachers.2. Laudable purpose of solving twin problems of rampant illiteracy and growing unemployment has been dragged into litigious one and it is still lingering in spite of lapse of a decade.3. The Government had formulated a Scheme to appoint Special Teachers (we are not referring to Special Language Pandits is it is not concerned in these cases) for the purpose of providing education and particularly primary education and to feed the needs of the educational institutions run and managed by the State and Panchayat Raj institutions. The very word 'Special Teacher' connotes that it is apart from the other Teachers, who are ordinarily recruited under the rules framed either under Article 309 of Indian Constitution or under the ...
Tag this Judgment!K. Mahalaxmi and Another Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Aug-28-2000
Reported in: 2000(5)ALD588; 2000(5)ALT517
1. The question that arises for consideration in this writ petition is 'whether the Special Deputy Collector, Tribal Welfare (Competent Authority) under Section 3 of the A.P. Scheduled Areas Land Transfer Regulation, 1959 is having jurisdiction to decide the validity or otherwise of the sale transactions effected prior to the coming into force the Regulations in Telangana districts of Andhra Pradesh.'2. The facts leading to the present writ petition are that one Pendnim Bhikku was a tribal holding patta land of an extent of 9 acres in S No.90 of Muthyampet village, Luxettipet taluk, Adilabad District. The lands fall in notified schedule area. He had sold the said land under registered sale deeds. An extent of Ac.4-20 gts., were sold to Chitukwi Venkaiah and equal extent to Padala Soya Gaud under registered saledeed bearing No.30 of 1338 Fasli dated 2nd Ardibesht, 1338 Fasli. The said Chilukuri Venkaiah sold his lands to Sunga Bheemaiah under un-registered sale deed and got mutated his ...
Tag this Judgment!K. Rajendraprasad Vs. Authority Under Section 41 of A.P. Shops, and Es ...
Court: Andhra Pradesh
Decided on: Aug-28-2000
Reported in: 2000(5)ALD731; 2000(5)ALT599; [2000(87)FLR690]; (2001)ILLJ485AP
ORDER1. This writ petition is filed seeking a writ of mandamus declaring the judgment dated 21-10-1991 in S.A. No.99 of 1987 of the Labour Court, Hyderabadrejecting the remaining 50% of the full back wages to the petitioner's father as illegal, arbitrary and consequently direct the respondent No.2 to pay full back wages from the date of dismissal i.e., 23-11-1979 till date.2. The petitioner's father was appointed as a low paid employee in the 2nd respondent-bank in the year 1958. He was dismissed from service on 23-11-1979 on certain allegations of misappropriation etc., after holding a regular domestic enquiry. Against the said order of dismissal, he preferred an appeal before the first respondent. By order dated 9-10-1987 the appeal was allowed holding that the enquiry against the workman was vitiated and he was directed to be reinstated into service with 50% of the back wages.3. Aggrieved by the said order of the first respondent, the petitioner's father preferred SA No.99 of 1987 b...
Tag this Judgment!J.K. Traders, Hyd. Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Aug-28-2000
Reported in: 2000(6)ALD17; 2000(5)ALT726
1. The aftermath of assassination of Rajiv Gandhi, the then PrimeMinister of this country on 21st May, 1991, witnessed large scale disturbances and destruction of properties.2. This writ petition is filed seeking compensatory relief through writ of mandamus of after declaring that the respondents failed to protect the properly of the petitioner in Ramakrishna 70 M.M. Theatre and the NTR Estate on the intervening night of 21st and 22nd May, 1991, and award appropriate compensation on the basis of the Report of the Commission of Inquiry constituted by the Government of Andhra Pradesh.3. Petitioner is the proprietor of Ramakrishna 70 M.M. Theatre in Hyderabad city. The Theatre is situate in NTR Estate in the Central locality of the city. On the night of 21-5-1991, consequent on the assassination of Sri Rajiv Gandhi, violent incidents erupted in the State of Andhra Pradesh including the twin cities of Hyderabad and Secunderabad, large scale destruction of property had occurred in Rama Kris...
Tag this Judgment!Voleti Rangaiah Vs. Adapa Satyanarayana and Others
Court: Andhra Pradesh
Decided on: Aug-28-2000
Reported in: 2000(6)ALD193; 2000(6)ALT109
1. This appeal suit is directed against the judgment dated 27-4-1992 in OS No.66 of 1989 on the file of the Sub-Judge, Sathupalli under which the plaintiffs suit for specific performance of the contract in respect of the plaint schedule property has been dismissed.2. The relevant facts of this appeal may be stated briefly as follows:The appellant is the plaintiff in the suit and the respondents are the defendants. The parties shall be referred to as arrayed in the suit. The plaintiff filed the instant suit for the specific performance of contract of sale in favour of the plaintiff in respect of the suit schedule property against the defendants. The case of the plaintiff is that the 2nd defendant is the mother and the third defendant is the wife and the fourth and fifth defendants are the sons of the first defendant. The first defendant on his behalf and on behalf of his sons, namely, 4th and 5th defendants, who were minors at the relevant time and the 2nd and 3rd defendants agreed to s...
Tag this Judgment!V.V. Lakshmana Rao (Died) by Lrs. Vs. Midigudla Kannarao (Died) by Lrs ...
Court: Andhra Pradesh
Decided on: Aug-28-2000
Reported in: 2000(6)ALD46; 2000(5)ALT644
ORDER1. This civil revision petition was filed under Section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act (Act No. IV of 1960) for short 'the Act') by the landlord aggrieved by the orders of the Principal Senior Civil Judge/ Rent Control Appellate Authority, Ongole, dated 23-10-1998, in RCA No.24 of 1997 wherein the judgment of the learned Rent Controller, dated 14-8-1997, in RCC No.25 of 1992 was reversed by holding that the petitioners herein failed to establish the jural relationship of landlord and tenant between the petitioners and the respondents and also on the ground that the first respondent was not the legal representative of one Varada Ramakrishnaiah Naidu who is no other than the paternal uncle of the petitioners who was living in the house as a tenant after his share in the property was sold to the father of the petitioners under Ex.A1, 11-8-1929. This civil revision petition was resisted by the respondents on various grounds. Before adverting ...
Tag this Judgment!Bandi Dhanalakshmi and anr. Vs. Chalamala Satyanarayana
Court: Andhra Pradesh
Decided on: Aug-28-2000
Reported in: 2000(5)ALT375
ORDERB. Prakash Rao, J.1. The petitioners, who are judgment- debtors, seek to challenge the orders dated 22-1-1999 in E.A. No. 11 of 1999 in E.A. No. 473 of 1998 in E.P. No. 103 of 1996 on the file of Junior Civil Judge at Gudivada dismissing an application seeking extension of time for a further period of twenty days for enabling them to furnish fresh security bond as ordered earlier.2. The petitioners filed the main application i.e., E.A. No. 473 of 1998 for setting aside the sale held in execution on 8-9-1998 in pursuance of the decree obtained by the respondent herein, inter alia, on various grounds as to under-valuation, etc., which are not relevant for the purpose of considering this case at this stage. On filing of the said application, the Court below has directed the petitioners to furnish security bond. Though in compliance of the said initial order the petitioners had furnished the security bond, however, again as per the order dated 31-12-1998 the petitioners were directed ...
Tag this Judgment!K. Ramesh Babu Vs. Apsrtc, Hyderabad
Court: Andhra Pradesh
Decided on: Aug-25-2000
Reported in: 2001(1)ALD292; 2001(2)ALT138
ORDERThis writ petition is filed seeking a writ of mandamus declaring that (a) the action of the respondents in relieving the petitioner from the post of tracer vide orders dated 29-5-2000 and to be posted as conductor is arbitrary and illegal; (b) that the petitioner is liable to be treated and retained as Tracer on regular basis in the Civil Engineering Department, Nellore Division, APSRTC; (c) retain the petitioner in the Civil Engineering Department, Nellore Division, APSRTC;2. The brief facts are that the petitioner is a Diploma holder in Civil Engineering. He was initially appointed as NMR in the year 1988 and his services were regularised in the respondent Corporation with effect from 18-6-1990. Pursuant to the regularisation he joined duty on 3.8.1994 as conductor and on the very next day i.e., 4-8-1994 he was posted on deputation in Civil Engineering Department and has been discharging his duties as a Tracer on 'out of designation' basis. While so, the respondents issued proce...
Tag this Judgment!Pragathi Bearings, Secunderabad Vs. Laxmi Durga Granites Limited, Hyd.
Court: Andhra Pradesh
Decided on: Aug-25-2000
Reported in: 2000(5)ALD754; 2000(5)ALT407
ORDER1. The revision petitioner assails the impugned Order dated 14-03-2000 passed by the learned III Senior Civil Judge, City Civil Court, Secunderabad, in OS (SR) No.230 of 2000.2. The petitioner sought to file the suit under the provisions of Order 37 of the Civil Procedure Code (for brevity 'the Code) invoking the summary procedure. It is averred, inter alia, in the plaint that the defendant-company has been making regular purchases of bearings etc., from the plaintiff on credit under various invoices from time to time by placing its purchase orders in writing and has been maintaining running account with the plaintiff: and that under the agreed terms and conditions between the parties, the defendant-Company has to pay the amounts within 45 days from the date of invoice bills under which the goods are supplied to the defendant-Company; and that in the event of its failure to do so, the defendant-Company shall be liable to pay interest at 18% per annum on belated payments. It is fur...
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