Andhra Pradesh Court October 2001 Judgments
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Managing Director, Andhra Pradesh State Meat and Poultry Development C ...
Court: Andhra Pradesh
Decided on: Oct-19-2001
Reported in: 2002(1)ALD24; 2001(6)ALT534; (2002)ILLJ471AP
S.B. Sinha, C.J. 1. These writ appeals and the writ applications involving common questions of law and fact were taken up forbearing together and are being disposed of by this common judgment.2. The fact of the matter can be noticed from WA No.28 of 1998. The said appeal is directed against a judgment and order dated 27-8-1997 passed in WP No.5147of 1996. The case of the petitioners is based upon a Division Bench decision of this Court in Writ Appeal No.422 of 1993. Therein, 12 persons of the appellant Corporation herein filed the writ petition inter alia praying for regularisation of their services only on the ground that they have been working for a long time. A learned single Judge in this case directed regularisation of four of the employees from the date they have been taken as contingent employees and to pay them all their dues consequent upon such regularisation within two months from the date of receipt of the said judgment, inter alia on the ground that some respondents became...
B. Satyanarayana Vs. Krishna Murthy
Court: Andhra Pradesh
Decided on: Oct-19-2001
Reported in: 2002(1)ALD187
ORDER1. This is a tenant's revision filed under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act. 1960 (hereinafter referred to as the 'Act'). The respondent (owner) filed RC.No.686/89 before the Principal Rent Controller, Hyderabad (for short 'the Rent Controller'), seeking eviction of the petitioner from non-residential premises. The respondent alleged that the petitioner committed wilful default in payment of rents from 15-6-1987 to 14-8-1989 and that the premises are required for his personal occupation. The petitioner (tenant) resisted the petition. On behalf of the respondent, two witnesses were examined as PWs.1 and 2 and Exs.P1 to P32 were marked. On behalf of petitioner, petitioner himself and one Mr. Sri Hari were examined as RWs.1 and 2 and no documents were marked on his behalf.2. On a consideration of the pleadings and the evidence on record, the Rent Controller passed an order dated 14-11-1994 ordering eviction of the petitioner. The Rent Controller...
Vemula Prabhakar and ors. Vs. Land Acquisition Officer and Revenue Div ...
Court: Andhra Pradesh
Decided on: Oct-19-2001
Reported in: 2002(1)ALD200; 2002(1)ALT322
S.B. Sinha, C.J.1. Whether the High Court, in exercise of its jurisdiction under Article 226 of the Constitution of India can issue a writ of or in the nature of mandamus directing the respondents to make payment in relation to the amount enhanced by the civil court in a reference made under Section 18 of the Land Acquisition Act, 1894 ('the Act' for brevity) is the question which has been referred by a learned Judge of this Court noticing various decisions of the Division Bench of this Court and an unreported judgment in Writ Petition No. 12763 of 1999 holding that such writ petitions are maintainable. A learned Single Judge in SUR REDDY AND ORS. v. SPECIAL DEPUTY COLLECTOR (LA), MEDAK, 1997 (1) ALD 31, held that existence of remedy by way of execution petition before a civil court is not a bar and the writ petition is maintainable. The referring Judge was of the opinion that a question would arise as to whether by reason of non-payment of such enhanced compensation the right of the a...
Andhra Pradesh State Co-operative Societies, Secretaries and Employees ...
Court: Andhra Pradesh
Decided on: Oct-19-2001
Reported in: 2002(1)ALD271; 2002(4)ALT272
S.B. Sinha, CJ.1. This writ appeal is directed against an order dated 1-2-2001 in Writ Petition No. 5431 of 1990 whereby and whereunder the learned single Judge disposed of the writ petition in terms of the order dated 10-10-1991 in Writ Petition No. 15506 of 1989.2. Writ Petition No. 5431 of 1990 has been filed by the appellant herein seeking a declaration that Section 116-AA of the Andhra Pradesh Co-operative Societies Act, 1964 (for short 'the Act') is arbitrary,illegal and unconstitutional and violative of Article 14, 21, 39, 41, 42 and 43 of the Constitution of India.FACTS:3. It is stated that the Paid Secretaries were appointed on full time basis to manage the affairs and maintain the accounts of Primary Agricultural Co-operative Societies. The Registrar of Co-operative Societies in exercise of powers under Section 116-A of the Act in 1973 has constituted a common cadre to the Secretaries of the Societies with a view to provide qualified Secretaries and they were trained to disch...
In Re: Vishnu Chemicals (P.) Ltd.
Court: Andhra Pradesh
Decided on: Oct-19-2001
Reported in: [2002]47CLA43(AP); [2002]110CompCas677(AP)
ORDERJ. Chelameswar, J.1. These two company petitions are filed under Sections 391 and 394 of the Companies Act, 1956 (the Act') praying that a scheme of arrangement (which is filed as annexure 'F' to each of these two company petitions) be sanctioned by this Court. The applicant in Company Petition No. 135 of 2001 is the transferor-company i.e., Vishnu Chemicals (P.) Ltd. The applicant in Company Petition No. 136 of 2001 is the transferee-company i.e., Vishnu Bariums Chemicals (P.) Ltd.2. The transferor-company was incorporated on 27-3-1989 with an authorised capital of Rs. 6,50,00,000 divided into 6,50,000 equity shares of Rs. 100 each. The issued, subscribed and paid up capital is Rs. 6,40,22,000 consisting of 6,40,220 equity shares of Rs. 100 each whereas the transferee-company was incorporated on 29-5-2001 with an authorised capital of Rs. 5 lakhs divided into 50,000 equity shares of Rs. 10 each. The issued, subscribed and paid up capital of the transferee-company is Rs. 1 lakh co...
Nalla Raja Reddy Vs. B. Shyamsunder Joshi and ors.
Court: Andhra Pradesh
Decided on: Oct-19-2001
Reported in: 2002(1)ALD616; 2002(1)ALT29
ORDER1. This civil revision petition presents a peculiar set of facts and question of law. The petitioner herein and respondents 2 to 6 (hereinafter referred to as 'the petitioner') filed OS.No.355 of 1988 against the 1st respondent and one Mr. G. Kumaraswamy in the Court of the 1st Additional Subordinate Judge, Warangal, for permanent injunction. Along with the suit, they filed IA.No.847/88 for temporary injunction. An exparte injunction was granted on 29-12-1988. At the instance of the 1st respondent and the other defendants, the matter was advanced to 18-1-1989. In their counter, the 1st respondent stated that under the guise of the order of temporary injunction, the petitioner had undertaken construction work in the land belonging tothe respondent No.l. then the Counsel for the petitioner herein sought time, an undertaking was recorded that the petitioner shall not proceed with any construction. The matter was ultimately adjourned to 25-1-1989. Thereafter, the petitioner did not ev...
Sri Balaji Traders Vs. Ponnuri Lakshmaiah
Court: Andhra Pradesh
Decided on: Oct-19-2001
Reported in: III(2003)BC425
ORDERT. Meena Kumari, J. 1. This revision petition is filed against the judgment and decree dated 24.8.1999 passed by the Senior Civil Judge, Chirala in S.C. No. 7 of 1997, 2. Plaintiff is the petitioner herein. The suit was filed for recovery of Rs. 4,932/- being the balance of principal and interest due on a pronote dated 7.3.1989 executed by the respondent in favour of the petitioner herein for Rs. 5,500/- payable with interest @ 18% per annum and also for subsequent interest. 3. The case of the petitioner is that on 7.3.1989 the respondent had borrowed a sum of Rs. 5,500/- agreeing to repay the same with interest @ 18% p.a. and thus executed the suit pronote. It is averred in the plaint that on 26.3.1989, 14.7.1991, 8.8.1991, 6.10.1991, 23,2.1992 and 25.2.1994 the respondent defendant made part payments of Rs. 500/-, Rs. 400/-, Rs. 300/-, Rs. 300/-, Rs. 300/-, and Rs. 200/-, respectively and that necessary endorsements were made on the reverse of the pronote. It is also averred tha...
E. Arvind Rao and Etc. Etc. Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Oct-19-2001
Reported in: 2001(2)ALD(Cri)844; 2001(2)ALT(Cri)553; 2002CriLJ4487
ORDERT. Ch. Surya Rao, J.1. All these petitions can be disposed of together since they emanate from the same crime.2. The petitioners herein, who are A. 1 to A. 3 in the crime that has been registered against them along with others in Crime No. 239 of 2001 of P.S. Saifabad for the offences punishable under Sections 406, 420, 465 and 471 read with Section 120-B of the Indian Penal Code, seek to quash the First Information Report. On a private complaint given by one K. Hanumantha Reddy, one of the respondents herein, before the Court of XV Metropolitan Magistrate, Hyderabad, and the same having been forwarded by the learned Magistrate to the Police for investigation, the case in Crime No. 239 of 2001 was registered against the petitioners herein and six others. The said Hanumantha Reddy is a permanent member in the Nizam Club, Hyderabad, - a society registered under the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 Fasli ('the Act' for brevity). It is alleged, i...
Kolipaka Suseela Vs. Sri Padmanabha Prasad and ors.
Court: Andhra Pradesh
Decided on: Oct-19-2001
Reported in: 2001(5)ALT668
ORDERL. Narasimha Reddy, J.1. This Civil Revision Petition is filed under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as the 'Act') against the order of the Appellate Authority under the Rent Control Act cum Senior Civil Judge, Avanigadda (for short 'the appellate Court') in C.M.A.No. 1 of 1998 dated 10-8-1998. The C.M.A. in turn was filed against the order of the Rent Controller cum District Munsif, Avanigadda (for short 'the Rent Controller'), in R.C.C.No. 45 of 1992 dated 20-10-1997. The petitioner in the R.C.C. and the appellant in the C.M.A. is the petitioner in this revision. The respondents in the Civil Revision Petition are the respondents in the R.C.C. as well as the C.M.A.2. R.C.C.No. 45 of 1992 was filed by the petitioner under Section 8(5) of the Act seeking permission of the Rent Controller to deposit the rents of the premises into the Court. It was claimed by the petitioner that she is the tenant in respect of the...
V. Amarnath Vs. Board of Intermediate Education, Hyd.
Court: Andhra Pradesh
Decided on: Oct-18-2001
Reported in: 2002(3)ALD191
S.B. Sinha, C.J. 1. This writ appeal is directed against a judgment and order dated 9-7-2001 whereby and whereunder the writ petition filed by the appellant herein for the following relief: to issue an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring as illegal and arbitrary the action of the respondent in cancelling the petitioner's performance in all subjects in Senior Intermediate and debarring him from appearing for the Senior Intermediate Examination till March, 2002 and issue a consequential direction to forthwith evaluate the petitioner's Chemistry Paper II of Senior Intermediate and declare the result. was dismissed. FACTS: 2. The appellant, who prosecuted first year Intermediate course during the academic year 1999-2000, secured 97% marks. He appeared for the second year Intermediateexaminations, which commenced from 29-3-2001. On 12-4-2001 when the appellant has tagged on the answer sheets of Chemistry Paper II at 11.55 ...
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