Andhra Pradesh Court August 2000 Judgments
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Veera Swamy Vs. Dr. D.N. Domale
Court: Andhra Pradesh
Decided on: Aug-03-2000
Reported in: 2000(6)ALD41; 2000(5)ALT685
ORDER1. The revision petitioner is the tenant. He assails the order of the learned Chief Judge, City Small Causes Court, Hyderabad dated 21-3-2000 passed in RA No.153 of 1998 confirming the order of the Principal Rent Controller dated 31-3-1998 in RC No.216 of 1994 ordering eviction of the petitioner. The parties will be referred to as 'landlord' and 'tenant' for the sake of convenience.2. The landlord filed RCC No.216 of 1994 on the file of the Principal Rent Controller, Hyderabad seeking eviction of the tenant on the grounds of wilful default; causing damage to the demised premises; and user of the premises for the purpose other than that for which it was leased. The learned Rent Controller after conducting an elaborate enquiry while holding that the tenant did not commit any wilful default, ordered eviction of the tenant on theground that the tenant caused damage to the demised premises by changing the rafter and replacing the roof of the building without the consent of the landlord...
Nalluri Saraswathi Vs. Nalluri Bhushaiah (Died) and ors.
Court: Andhra Pradesh
Decided on: Aug-03-2000
Reported in: 2000(5)ALT107; I(2001)DMC290
B. Sri Atchutananda Swamy, J. C.R.P. (SR) No. 49739 of 20001. Heard the counsel for the petitioner.2. This Civil Revision Petition is filed against the orders of the executing court dismissing the E.P. on the basis of a memo filed by the petitioner herein stating that she is the only legal representative of the deceased judgment debtor and merger of interest took place, after hearing one Kalluri Nagalakshmi and Kamepalli Anjani Kumari who filed E.A.No.422 of 1991 and E.A.No.523 of 1991 seeking stay of execution petition filed by the petitioner herein on the ground that they filed suits against the judgment debtor for recovery of the monies due to them from the judgment debtor. This revision need not be kept pending and it can be disposed of at the S.R. stage itself.3. The petitioner before this court is no other than the wife of the deceased Bhushaiah and she filed a suit for maintenance in the year 1976. After the suit was decreed, she filed E.P.No.132 of 1987 for recovery of Rs.46,67...
Bhehsss Association, Bhel, Ramachandrapuram and Others Vs. Bhel, New D ...
Court: Andhra Pradesh
Decided on: Aug-02-2000
Reported in: 2000(5)ALD177; 2000(5)ALT15
1. All these writ petitions can be disposed of by a common judgment.2. WP No.29998 of 1998 was filed by Bharat Heavy Electricals Higher Secondary School Staff Association and some other teachers of that school seeking writ of mandamus directing the Bharat Heavy Electricals Limited to continue and run the Bharat Heavy Electricals Limited Higher Secondary School with classes from LKG to 12th as a welfare measure in accordance with the objectives of the company memorandum and also the constitutional obligations under Article 45 of Constitution of India. They further seek the declaration that the petitioners Nos.2 to 9 are the employees of Bharat Heavy Electricals Limited. Further direction was sought to continue the staff and also pay them the emoluments, gratuity etc., as applicable to Bharat Heavy Electricals Limited Employees. They also seek declaration restraining the BHEL from closing down the classes from 1996 onwards by not admitting the students which as a consequential effect of ...
A. Prakash Reddy Vs. Municipal Corporation of Hyd. and Others
Court: Andhra Pradesh
Decided on: Aug-02-2000
Reported in: 2000(5)ALD272; 2000(5)ALT409
ORDER1. The petitioner claims to be the owner of house plot admeasuring about 233 Sq.yds., in Plot No. 13/A situated at Keshav Nagar, Saidabad, Hyderabad. He claims that he purchased the same under a un-registered agreement of sale dated. 11-7-1991 from Vigneshwara Co-operative Society. He approached this Court challenging Hie action of respondents 1 and 4 in laying down road in the land covered by Plot No. 13/A and also laying down a pipeline in the said plot. Before approaching this Court, the petitioner also approached the Civil Court by filing a suit being OS No.2231 of 1999 on the Hie of the Court of the IV Junior Civil Judge, City Civil Court, Hyderabad. The said suit was filed against keshav Nagar Welfare Association. Vigneshwara Co-operative Society and one Vidwan Reddy alleging that they are trying to interfere with the alleged peaceful possession of the petitioner. The said Court granted an ex parte status quo order which is said to be in force.2. The learned Counsel for the ...
P. Shivaji Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Aug-02-2000
Reported in: 2000(5)ALD380; 2000(5)ALT96
ORDER1. The petitioner impugnes a notification issued by the 1st respondent in exercise of the powers under Section 3 of Andhra Pradsh Public Premises (Eviction of Unauthorised Occupants) Act, 1968 (for brevity, 'the Act') vide G.O. Ms No.253, Municipal Administration and Urban Development (11) Department, dated 2-6-1999. The notification reads as under:'In exercise of the powers conferred by Section 3 of the Andhra Pradesh Public (Eviction of Unauthorised) Act, 1978 (Act No. 20 of 1968), the Government of Andhra Pradesh hereby empowers the Estate Officer or any other Officer discharging the functions of the Estate Officer not below the rank of Deputy Collector being Gazetted Officers to exercise the powers and perform the duties imposed on the Estate Officer under the Andhra Pradesh PublicPremises (Eviction of Unauthorised Occupants) Act, 1968 within the jurisdiction of Hyderabad Urban Development Authority'The said notification is challenged on the ground that there is no Andhra Prad...
Sri Rama Engineering Constructions (Engineers and Contractors), Hyd. V ...
Court: Andhra Pradesh
Decided on: Aug-02-2000
Reported in: 2000(5)ALD280; 2000(5)ALT308
1. The Writ Petition is filed challenging the validity of the order issued by the Government under G.O. Ms. No. 118, Irrigation and CAD Department, dated 29-6-1998 and the consequential action in pursuance of the said G.O., and for consequential relief thereof.2. The facts leading to the case are as follows:The petitioner is an Engineering Constructions Company having obtained special class contractor licence. It has been undertaking various projects/works including the World Bank funded works. The Government called for a tender for excavation of Srisailam Right Branch Canal (for brevity 'SRBC') from 116.00 kms. To 141.00 kms. Including construction of structures and lining under Package No.XIII. Accordingly, the tender placed by the petitioner was accepted and an agreement was concluded between the petitioner and the respondents on 8-5-1991 at a cost of Rs.23.57 crores duly following the WorldBank norms. According to the petitioner, the work was started on 2-7-1991 and it was to be co...
P. Shankar Rao @ P. Chandrashekar Rao (Died) by Lrs. Vs. Aziz Khanam ( ...
Court: Andhra Pradesh
Decided on: Aug-02-2000
Reported in: 2000(5)ALD532; 2000(6)ALT277
ORDER1. This civil revision petition is directed against the order of V Senior Civil Judge, City Civil Court, Hyderabad dated 16-10-1999 passed in IA No.1142 of 1996 in OS No.93 of 1992, under which the petition said to have been filed under Order 22, Rule 3 CPC was allowed bringing the District Collector as the 5th defendant as the Legal Representative of the deceased 1st defendant.2. The petition was opposed on behalf of the 2nd defendant in the suit. It was pleaded that the 2nd defendant is in fact the legal representative of the deceased 1st defendant, inasmuch as he claims as a beneficiary under a will deed, interest in the suit properties.3. The learned Judge allowed the petition observing that the Will deed dated 25-7-1996, on the basis of which interest is claimed by the 2nd defendant, was not filed into the Court at all. On this basis, he ordered that implesding of the District Collector as a defendant in the suit would be necessary so that the estate of the deceased 1st defen...
Prudential Capital Markets Ltd., Calcutta Vs. State of A.P. and Others
Court: Andhra Pradesh
Decided on: Aug-02-2000
Reported in: 2000(5)ALD418; 2000(5)ALT468; [2002]108CompCas441(AP)
ORDER1. In this group of writ petitions, Prudential Capital Markets Limited (PCML), Calcutta is the petitioner. In all the petitions they prayed for a writ of prohibition, prohibiting the District ConsumerDisputes Redressal Forum (hereafter called 'the District Forum') or the State Consumer Disputes Redressal Commission (hereafter called the State Commission) from entertaining any complaint or petition from the respondent-depositor (hereafter called 'the depositor') and further declare that it is only the Company Law Board (CLB) which can entertain a complaint against PCML.2. There are three categories of cases. The first category of cases are those where the depositor filed a consumer dispute case before the competent District Forum for refund of the deposit made by the depositor with the PCML and on the District Forum allowing the application, the petitioner herein approached the State Commission which dismissed the appeal filed and whereupon depositor approached District Forum under...
A.P. State Road Transport Corporation and ors. Vs. P. Srinivas and anr ...
Court: Andhra Pradesh
Decided on: Aug-02-2000
Reported in: 2000(5)ALT442; (2001)IILLJ1633AP
M.S. Liberhan, C.J.1. This appeal by the Andhra Pradesh Road Transport Corporation is directed against the order of the learned Single Judge directing the Corporation to fix the wage of the 1st respondent-employee after his reinstatement into service duly computing the notional periodical increments that would have been earned by the employee had he been in service during the period from July 8, 1978 to December 1, 1987 and to pay him arrears of salary, etc., on that basis within a period of two months from the date of receipt of a copy of the order.2. The factual matrix is not in dispute. The first respondent-employee who was working as a conductor in the Corporation was proceeded in a departmental enquiry which culminated into his removal from service. He challenged the same before the Labour Court, which passed an award on February 2, 1987, directing his reinstatement into service with continuity of service, and full back wages which was assailed by the Corporation unsuccessfully be...
Oriental Insurance Co. Ltd. Vs. Koningi Kondal and ors.
Court: Andhra Pradesh
Decided on: Aug-02-2000
Reported in: I(2001)ACC232; 2002ACJ595; 2000(5)ALT797; (2001)ILLJ527AP
Elipe Dharma Rao, J. 1. These two Civil Miscellaneous Appeals were preferred by the Oriental Insurance Company Limited, Vijayawada, aggrieved by the orders dated March 22, 1993 passed by the Commissioner for Workmen's Compensation, Nalgonda, in W.C.No. 43 of 1992 filed by Koningi Kondal, Driver on the lorry bearing No. AIK 3186 belonging to the second respondent herein and W.C. No. 27 of 1992 filed by Bajaru Govinda Rao, Cleaner on the said lorry, whereby the Commissioner for Workmen's Compensation has awarded a sum of Rs. 98,530/- and Rs. 70,495.75 respectively for the injuries sustained by them in a motor vehicle accident, which occurred during the course of employment with the second respondent herein, on April 1, 1991 while the vehicle was proceeding from Kodad to Nalgonda Market with a load of paddy and when it reached near Dandempalli Bus stage it turned turtle, as a result of which the 1st respondent in both the appeals sustained fractures and injuries. 2. In both these appeals,...
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