Andhra Pradesh Court January 2001 Judgments

P. Srihari Vs. P. Sukunda and Another

Court: Andhra Pradesh

Reported in: 2001(2)ALD72; 2001(1)ALT739; II(2001)DMC135

ORDERB. Subhashan Reddy, J.1. This revision under Article 227 of the Constitution of India is directed against the entertainment of suit in OS No.186 of 1998 on the file of the Family Court, Hyderabad, on the premise ]that the said Court had no jurisdiction to try the suit and has been wrongly entertained, as the Family Courts Act, 1984 (hereinafter referred to as 'the Act') has got no application.2. Mr. Y. Vasudeva Rao, the learned Counsel for the petitioner, submits that the said suit has been filed by the sisters against the brothers and others claiming partition of the property left behind by their father. A petition has been filed under Order VII, Rules 10 and 10-A read with Section 151 of the Code of Civil Procedure by the petitioner herein in the Family Court to return the plaint for presentation in the proper Court, but the same has been dismissed by order dated 6-5-1999 by the Judge, Family Court, Hyderabad in IA No.434 of 1999 in OS No.186 of 1998.3. Ms. Anitha Ahuja, the lea...

Convention of Baptist Churches of Northern Circars (Cbcnc) and Another ...

Court: Andhra Pradesh

Reported in: 2001(2)ALD215; 2001(2)ALT190

ORDER1. This writ petition is filed seeking a writ of mandamus declaring the action of the first respondent in passing final orders on the revision filed by the petitioners, without giving notice to them, nor extending the copy of the orders passed by him, pursuant to the stay granted by the first respondent dated 10-8-2000 in reference No.8985/PS.1/2000, as being arbitrary, illegal, violative of Article 14 of theConstitution of India and the provision contained in Section 90 of A.P. Education Act and for issuance of a consequential direction to the respondents not to give effect to the orders regarding recognition of the Convenor of the Education Committee of the Convention of Baptist Churches of Northern Circars (for short, 'CBCNC') till final orders are passed by the second respondent, pursuant to the judgment of this Court in WP No.14287 of 2000 dated 24-10-2000.2. The first petitioner is the President of the 'CBCNC', Visakhaptanam and the second petitioner is the Convenor, Educati...

Chukka Yesuratnam Vs. Shaik Saidulu and Others Overruled

Court: Andhra Pradesh

Reported in: 2001(3)ALD66; 2001(3)ALT1

ORDERG. Bikshapathy, J 1. This civil revision petition is filed under Article, 227 of the Constitution of India of India assailing the Order dated 10-11-2000 passed by the Election Tribunal, Hyderabad in IA No.6 of 2000 in EPNo. 7 of 2000.2. The 1st respondent filed election petition in EP No.7 of 2000 questioning the election of the petitioner herein - Mayor of the Municipal Corporation, Guntur. He also filed Interlocutory Application in IA No.6 of 2000 under Section 5 of the Limitation Act, seeking condonation of delay of 42 days in filing the Election Petition. The said application was heard by the Election Tribunal and by order dated 10-11-2000 thedelay was condoned. The validity of the said order is challenged in this revision petition.3. Learned Counsel for the petitioner submits that there is no power vested with the Election Tribunal to condone the delay in filing the Election Petition and that Section 5 of the Limitation Act is not applicable to the Election Petition, which is...

Gurubilli Sreeramulu and Others Vs. Joga Verrodu and Others

Court: Andhra Pradesh

Reported in: 2001(3)ALD367; 2001(3)ALT439

1. This second appeal is directed against the judgment dated 16-3-1989 in AS No.193 of 1984 under which the judgment and decree dated 24-11-1981 in OS No.247 of 1980 on the file of the Principal District Munsif Court, Yellamanchali decreeing the suit of the plaintiff was set aside and the suit was dismissed.2. The parties will be referred to as they were arrayed in the trial Court.3. The plaintiffs (appellants) filed OS No.247 of 1980 for declaration that the defendants have no right to take water to their lands from the well. The plaintiffs have been the owner of a plot of land measuring Ac.3.70 cents in survey No.288 of Rambilli village. During their minority, their maternal uncle as their guardian sold the eastern portion measuring Ac.2.10 cents out of the said land of Ac.3.70 cents in favour of Jalli Atchanna under a registered sale deed dated 30-4-1943. There is a well in the western portion of Ac.1.60 cents retained by the plaintiffs which was dug and constructed long back. Accor...

Commissioner of Income Tax, Karnataka (Central) Bangalore Vs. Venkatar ...

Court: Andhra Pradesh

Reported in: 2001(3)ALD533; 2001(2)ALT13

ORDERS. Ananda reddy, j 1. The following questions are referred by the Income Tax Appellate Tribunal at the instance of the Department under Section 256(1) of the Income Tax Act, 1961 (hereinafter referred to 'the Act'):(1) 'Whether on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in upholding the decision of the CIT(A) who held that the assessee Trust is entitled for exemption under Section 10(22) in spite of the fact that the income of the assessee trust can be used for non-educational purposes such as general utility or medical assistance etc ?' (2) 'Whether on the facts and, in the circumstances of the case, the Appellate Tribunal is right in law in holding that the order of the CIT(A) in the instant case, is quite legal and justifiable and that there is no case for interference?' (3) 'Whether on the facts and in the circumstances of the case, the Appellate Tribunal is right in coming to the conclusion that in the assessee's case, there is n...

Ganta Mohana Lakshmi Vs. Dr. C.V. Ratnam and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The complainant a married woman with three children complained of pain in her left hip in about 1991. Her left leg was short by 1 inch right from her birth. She consulted one Dr. G. Subbarao, Orthopaedic Surgeon at Eluru and was treated by him. In June, 1991 the said doctor told her that she had to undergo an operation and advised her to consult the first opposite party. On 15.6.1991 the complainant consulted the first opposite party who told her that she had to undergo two-stage operation and if necessary her total hip should be replaced. The complainant got herself admitted in his nursing home on 2.7.1991 and the first opposite party conducted first operation on 5.7.1991. He again conducted the second stage operation on 25.7.1991 and informed her husband that there was total hip replacement and the operation was a success. 2. On the first post operative day i.e., on 26.7.1991 her husband found that the toes of the complainant were pale and there wa...

A.M. Krishna Vs. Chairman, State Level Police Recruitment Board, Offic ...

Court: Andhra Pradesh

Reported in: 2001(2)ALD71; 2001(2)ALD71; 2001(1)ALT718; 2001(1)ALT718; [2001(91)FLR346]

ORDER1. Having heard the learned Counsel for the petitioner, we are of the opinion that Rule 22 of the A.P. State and Subordinate Services Rules (the Rules, for brevity) is only an enabling provision. By reason of such an enabling provision, the State is not obliged to make any reservation for ex-servicemen. If no notification has been issued directing reservation for ex-servicemen, the petitioner who had applied for appointment to the post of Assistant Public Prosecutor and having not been found suitable for such appointment, cannot now turn round and contend that the State should have made reservation of ex-servicemen for the post of Assistant. Public Prosecutor.2. It may be that by reason of the A.P. State Prosecution Service Rules, Rule 22 of the Rules, would be applicable, but the same has to be read in the context thereof, i.e., having regard to the purpose for which such a rule has been made. It is now well settled principle of law that the Court in exercise of its power under A...

B.S. Sanadha Raj and Another Vs. Commissioner of Transport, Hyderabad ...

Court: Andhra Pradesh

Reported in: 2001AIHC162; 2001(1)ALT705

ORDER1. Heard the learned Counsel for the petitioners and the learned Government Pleader for Transport.2. This writ petition is filed to issue a writ of mandamus directing the Commissioner of Transport, Hyderabad to accept the Medical Certificates issued by the Registered Medical Practitioners possessing minimum qualification of MBBS Degree in Allopathy or any equivalent qualification of any University in India for the purpose of obtaining the Learner's Licence and Conductor's Licence, and not to accept the Medical Certificates issued by the Registered Medical Practitioners, who do not possess the equivalent qualification of MBBS Degree.3. The learned Counsel for the petitioners submits that Section 8(3) of the Motor Vehicles Act, 1988 read with Rules 5(1) (3), 7, 10(a), 14 (d) and 18 (d) of the Central Motor Rules, 1989 and the prescribed Form 1-A, clearly indicate that the Licensing Authorities are bound to follow the said Rules by accepting the Medical Certificates issued by the Reg...

Kopalle Hanumantha Rao Vs. District Collector, Krishna District Anothe ...

Court: Andhra Pradesh

Reported in: 2001(2)ALD136; 2001(2)ALT266

ORDER1. The petitioner prays for issuance of a writ of mandamus declaring the action of the first respondent in appointing the second respondent as enquiry officer to cause enquiry into the alleged mis-management of the Andhra Jatiya Vidya Parishad properties against the petitioner as arbitrary and without jurisdiction. 2. It is stated in the affidavit filed in support of the writ petition that Sri Andhra Jatiya Vidya Parishad, Rajupet of Machilipatnam town, Krishna District (for short the 'Institution') was established by the petitioner's late grand father Kopalle Hanumantha Rao Panthulu nearly more than 6 decades back. The Institution was registered under Section 38 of the Act XVII of 1966 vide proceedings dated 10-5-1972 by the Asst. Commissioner, Endowments Department, Machilipatnam. It is an educational institution imparting education in several branches both technical and nontechnical. It is claimed that after the demise of the petitioner's grand father Kopallewari family members...

Mohd. Abdul Wahab Vs. State of A.P. and Others

Court: Andhra Pradesh

Reported in: 2001(2)ALD183; 2001(2)ALT105

ORDER1. Heard the learned Counsel for the petitioner and the learned Government Pleader for Transport.2. The petitioner, who is a Registered Medical Practitioner in Homeopathy and Unani, filed this writ petition questioning the notification issued by the Government in G.O. Ms. No.25, Transport, Roads and Buildings (Tr.II) Department, dated 6-2-1992. It is stated that the Transport Authorities under the Old Motor Vehicles Act used to accept the Medical Certificates issued by any Registered Medical Practitioner, such as the petitioner, even without possessing the MBBS Degree or its equivalent, but after the new Motor Vehicles Act came into force, the 1st respondent has issued a notification in G.O. Ms. No.25, Transport, Roads and Buildings (Tr.II) Department, dated 6-2-1992 declaring that the Registered Medical Practitioners possessing the Degree of MBBS in Allopathy or any equivalent qualification of any University in India alone are empowered to issue Medical Certificate for the purpos...