Andhra Pradesh Court January 2001 Judgments

Burgula Subrahamanya Krishna and Others Vs. Sri Siddilingeswar Swamy V ...

Court: Andhra Pradesh

Reported in: 2001(2)ALD181; 2001(2)ALT228

ORDER1. This petition is directed against an order dated 29-11-1997 passed by the Principal District Munsif at Anakapalle in EA No.27 of 1991 in EP No.33 of 1987 in OS No.49 of 1979 wherein the application filed by the petitioners herein and their mother Burgula Venkata Ratnam was dismissed.2. The basic fact of the matter is not in dispute. One late Burgula Venkata Lakshman Rao, who is the husband of Burgula Venkata Ratnam and the father of the petitioners herein, was the lessee of the premises in question (as a monthly tenant). In a decree passed in OS No.49 of 1979, the said Lakshman Rao was directed to vacate the suit premises; an appeal taken therein against was dismissed. A second appeal was preferred by the said Lakshman Rao before the High Court. It is the case of the petitioners that during the pendency of the second appeal, the matter was settled out of Court and the said Lakshman Rao agreed to all the conditions made by the 1st respondent herein and paid a sum of Rs.2,000/- o...

Lipika Nanda Vs. Nizam's Institute of Medical Sciences, Hyd. and Anoth ...

Court: Andhra Pradesh

Reported in: 2001(2)ALD660; 2001(2)ALT720

ORDERSatyabrata Sinha, CJ 1. This writ appeal depicts a sordid state of affairs prevailing in certain Departments of the Government of Andhra Pradesh in the matter of appointments, whereby the high-ranking officers have taken recourse to the methodology of backdoor appointments.2. Bereft of all unnecessary details, the fact of the matter is as follows: The respondent-Nizam's Institute of Medical Sciences issued an employmentnotification on 1-9-1998 inter alia for the posts of Clinical Assistant. In pursuance of the said notification, the appellant submitted her application to one such post. One Prof. Kakarla Subba Rao, Director, by letter dated 16-9-1997, purported to be on the basis of the discussions held between him and the appellant, sought to dole out an appointment in favour of the appellant, which reads as under: 'I was delighted to meet you the other day and as per our discussions I have been trying various plans of taking advantage of your employment in this institution. Howev...

Pinka Dhanrjuna Rao and anr. Vs. State of A.P. Rep., by Authorised Off ...

Court: Andhra Pradesh

Reported in: 2001(2)ALT401

ORDERS.B. Sinha, C.J.1. These revision petitions raise an interesting question as regards applicability of Section 5 of the Limitation Act, 1963 (hereinafter referred to as 'the Act' for the sake of brevity) in a proceeding before the Land Reforms Appellate Tribunal (hereinafter referred to as 'the Tribunal' for the sake of brevity).2. An appeal was filed under Section 20 of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, (hereinafter referred to as 'the Reforms Act' for the sake of brevity). Section 20 of the Reforms Act reads thus:'20. Appeal:-- 1. The Government may, by notification, constitute as many appellate Tribunals as may be necessary for the purposes of this Act, and shall specify in such notification, the jurisdiction of each such Appellate Tribunal. 2. Each Appellate Tribunal constituted under sub-section (1) shall consist of not more than three members, of whom one shall be a person who holds or has held a civil post under the State, not below the ran...

M. Laxminarayana Vs. the Secretary, A.P. Residential Educational Insti ...

Court: Andhra Pradesh

Reported in: 2001(2)ALT404

ORDERS.R. Nayak, J. 1. The petitioner complaining that the respondent authorities have not paid any pensionary and other fringe benefits on attaining the age of superannuation has filed this writ petition seeking a direction to the respondents to disburse all the outstanding dues to the petitioner with interest the rate of 25% per annum from the respective dates and with exemplary costs. 2. In response to the Rule Nisi, the respondents have filed counter affidavit admitting the claim of the petitioner. It is stated that till date due to lack of funds they could not pay the outstanding dues to the petitioner and that the same would be paid soon after receipt of budget sanction for the year 1996-97. The counter affidavit was sworn to by the 1st respondent on 22.8.1996. At the time of hearing none appeared nor any representation was made on behalf of the respondents though the respondents are represented by a counsel. Admittedly, on attaining the age of superannuation the petitioner had t...

Smt. K. Padmavathamma Vs. Smt. R. Uma Maheswari and ors.

Court: Andhra Pradesh

Reported in: 2001(2)ALT175

ORDERBilal Nazki, J.1. Heard the learned counsel for the parties. Admit. With their consent this second appeal is decided at this stage. 2. The question raised in this appeal with regard to which the parties were heard was that, in the facts and circumstances of the case whether it can be said that the Appellate Court was biased as against the trial Court and if so, would it vitiate the judgment passed by the Appellate Court? In a suit for injunction, which was later on amended, a relief for declaration of title and possession was also sought from the trial Court. The trial Court dismissed the suit. On appeal, the Appellate Court allowed the appeal and decreed the suit. Basically the findings shall have to be arrived at on the issues framed, on the basis of the evidence led by the parties. The two Courts below appreciated the evidence and came to different conclusions. As is well settled, this Court would not be in a position to reappreciate the evidence as appreciated by the Courts be...

Burudi Jagabandu and ors. Vs. State of A.P.

Court: Andhra Pradesh

Reported in: 2001(1)ALT(Cri)230; 2001CriLJ1866

Bilal Nazki, J.1. This is a case of three unfortunate people who belong to a tribal area. These people from tribal areas have been continuously deprived of the legislations and amendments in legislations which ares meant for the benefit of the general public. In the garb of protecting the rights and interests of the tribals and tribal areas this Court feels that they are being deprived of benefits of modern day legislations. Whereas whole country is governed by a Criminal Procedure Code which was legislated in 1974 and which takes care of the requirements and aspira-tions of a modern day criminal judicial system at least up to the year 1974 but these people of tribal areas are forced to face the criminal judicial system as was relevant in 1898. More than a century has passed after this Procedure Code was enacted by an authority which was colonial but nothing is being done to upgrade the system as far as these areas are concerned. We feel sorry for the petitioners but we are governed ou...

A. Devendra Reddy Vs. Chittoor Co-operative Town Bank Ltd. and ors.

Court: Andhra Pradesh

Reported in: 2001(2)ALT221

ORDERB.S.A. Swamy, J.1. This application is filed to review the Judgment of this Court in W.P.No. 14596 of 1997 dated 31-03-1998 stating that the respondents got the writ petition dismissed by misleading the Court on the rule position prevailing at the time of promotion from the post of Clerk to Accountant.2. The case of the petitioner is that he was appointed as a Clerk in the first respondent Bank on 02-02-1976 and respondents 2 to 6 were appointed much later to him. While he was working as clerk, departmental enquiry was initiated in 1989 against him and on the strength of the letter of V. Prakasham, there was a false identification of a person by name Bujji and thus the petitioner facilitated him to withdraw Rs. 50,000/- from S.B.A/c. No. 1880 of one Sri P. Venkatarama Reddy with a mala fide motive. It is useful to extract the charge levelled against him.'(1) You have furnished a false identification of the cheques by name Bujji who presented the cheques for withdrawal of Rs. 50,00...

New India Assurance Co. Ltd. Vs. Nadella Venkata Subbamma and anr.

Court: Andhra Pradesh

Reported in: II(2001)ACC174; 2002ACJ1985; 2001(2)ALT459

V. Eswaraiah, J.1. This Letters Patent Appeal is filed by the New India Assurance Co. Ltd. against the judgment and decree of the learned Single Judge made in A.A.O. No. 36/1989 dated 13-12-1991.2. The 1st respondent is the claimant. The 2nd respondent is the owner of the lorry. O.P. No. 17/1988 was filed by the 1st respondent claiming a compensation of Rs. 41,000/- under Section 110-A of Motor Vehicles Act and another amount of Rs. 15,000/- under Section 92-A of the old Act under no fault liability. According to the claimant, the husband of the 1st respondent on 23-12-1987 at about 4-00 p.m. while he was travelling as hire passenger in a lorry bearing No. ADT-6009 met with an accident due to rash and negligent driving of the said lorry and he died in the said accident. Thus admittedly, the deceased was a fare paid passenger even according to the evidence adduced by the claimant. The only question arises for consideration in this Letters Patent Appeal is whether the claimant is entitle...

C.V. Sesha Narasimhacharvulu and Another Vs. A.P. State Electricity Bo ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The first complainant is the father while the second complainant is his minor son. The second complainant is aged about 10 years studying 6th class. Both of them along with their family members are residing in Flat No. 303, Markaz Apartments, Shalivahananagar Colony, Srinagar Colony, Hyderabad. Opposite parties 1 and 2 who are the A.P. State Electricity Board and Markaz Constructions represented by its Managing Partner erected a transformer on the road margin within inches from the compound wall of the said apartments. The transformer was totally unprotected and unfenced. There were no danger boards. The transformer was erected on a platform 4 feet height. It is easily accessible and approachable both from outside and inside compound. Inadvertently stretching hands of any passer-by would just land on the transformer and the children playing inside the compound just climb the top of the transfer with least effort. The conductors were left unsheathed a...

O. Chinnappa Reddy Vs. Govt. of India and Others

Court: Andhra Pradesh

Reported in: 2001(2)ALD38; 2001(1)ALT733

ORDERS.B. Sinha, CJ. 1. A short but an interesting question of law arises for consideration in this writ petition. The petitioner herein is a former Judge of the Supreme Court of India. He was elevated as a Judge of this Court in August 1967 and was elevated to the Supreme Court of India in July 1978 after having functioned as a Judge and Acting Chief Justice of the Punjab and Haryana High Court for a brief period. The petitioner retired as a Judge of the Supreme Court on 24-9-1987.2. Upon superannuation, his pension was fixed at Rs.54,000/- (rupees fifty four thousand only) per annum and family pension @ 25% thereof i.e., Rs.13,500/- (rupees thirteen thousand five hundred only) per annum. Calculation of the quantum of pension was made in terms of the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1986, (hereinafter referred to for the sake of brevity as 'the Act'). Admittedly, the aforementioned Act was amended by Act I of 1999 with effect from 1-1-1996. Pu...