Andhra Pradesh Court December 2001 Judgments
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Modern Educational Society Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Dec-19-2001
Reported in: 2002(1)ALD759; 2002(1)ALT227
A.R. Lakshmanan, C.J. 1. This Writ Appeal is directed against the order-dated 1.11.2001 in W.P. No. 18761 of 2001 passed by a learned single Judge of this Court dismissing the writ petition filed by the appellant herein.2. The Writ Petition was filed by the appellant to declare that the application submitted by the 4th respondent herein -MNR Educational Trust, Kukatpally to the respondents 1 and 2 for issuance of No Objection Certificate (NOC) for establishment of a B.Ed College in Hyderabad East Revenue Division pursuant to the notification dated 24.2.1998 issued by the Director of School Education as nonexistent and the NOC granted to the 4th respondent on 30.12.2000 and the subsequentdecision taken by the State Level Standing Committee (SLSC) on 28/29-8-2001 not to cancel the NOC already granted to the 4th respondent on 30.12.2000 as illegally and void and to direct the 3rd respondent not to grant permission to the 4th respondent for establishment of B.Ed., College in Hyderabad East...
S. Yadaiah and ors. Vs. Commissioner of Endowments, Government of Andh ...
Court: Andhra Pradesh
Decided on: Dec-19-2001
Reported in: 2002(1)ALD754; 2002(1)ALT127
Ar. Lakshmanan, C.J.1. The unsuccessful writ petitioners are the Appellants in this writ appeal. They had filed the writ petition seeking a writ of mandamus to declare the Notification No. 123, dated 25-8-2001 issued by the Commissioner of Endowments, the 1st respondent herein which was published in the Andhra Pradesh Gazette Part-II Extraordinary as arbitrary and illegal and sought for quashing of the same. The translated version of the Notification dated 25-8-2001 reads as follows:'Notice No. M4/21387/2001 Whereas the Executive Officer of Sri Navagraha Hanuman Temple sought permission to sell the Land belonging to Navagraha Hanuman Temple in R.P. Road, Hyderabad District. Therefore, those who are interested in this proposal may submit their objections advices within 30 days from the date of publication of this Notice in A.P. Gazette.'2. This Notification was issued under the provisions of Clause (b) of Sub-section (1)of Section 80 of the Andhra Pradesh Charitable and Hindu Religious...
Bharat Heavy Electricals Limited Vs. Additional Industrial Tribunal-cu ... Overruled
Court: Andhra Pradesh
Decided on: Dec-19-2001
Reported in: 2002(1)ALD777; 2002(1)ALT151; [2002(93)FLR269]
Ar. Lakshmanan, C.J. 1. These two Writ Appeals are directed against the common Judgment of the learned single Judge dated 21.11.2001 in W.P.Nos.29150 of 1997 and 10461 of 2000 respectively. 2. Bharat Heavy Electricals Limited (BHEL) Hyderabad preferred W.P. No. 29150 of 1997 to quash the award-dated 28.7.1997 passed by the Additional Industrial Tribunal-Cum-Additional Labour Court, Hyderabad in I.D. No. 91 of 1994. W.P. No. 10461 of 2000 was filed by the workman to set aside the very same award in I.D. No. 91 of 1994 dated 28.7.1997 to the extent of denying him back wages, continuity of service and other attendant benefits. 3. The case of the management was that the respondent-workman while working with the BHEL as Assistant Grade II was granted house building loan to a tune of Rs. 1,11,283/- and for the said purpose he created equitable mortgage by depositing the title deeds pertaining to the land measuring 200 sq. yds comprised in Plot No. 29, Chinna Thokata, Bowenpally, Secunderabad...
E.V. Jagannadha Rao and ors. Vs. L.S. Eswara Rao and ors.
Court: Andhra Pradesh
Decided on: Dec-19-2001
Reported in: 2002(1)ALD845; 2002(1)ALT532
A.R. Lakshmanan, C.J. 1. The tenants are the revision petitioners in both the CRPs. CRP No. 1294 of 2000 was filed as against the order in RCA No.43 of 1995 on the file of the Rent Control Appellate Authority-cum-Principal Senior Civil Judge, Visakhapatnam whereas CRP No.4072 of 2000 was filed against the order made in IA No.54 of 2000 in RC No.84 of 1986 on the file of the Rent Controller, Visakhapantam. The said IA was filed by the petitioners under Section 15 of the A.P. Buildings (Lease, Rent and Eviction) Control, Act, 1960 (hereinafter referred to as 'the Act') read with Section 151 of the Civil Procedure Code seeking relief of partition of the petition schedule property into four equal shares and to deliver possession of respective 1/4th and 3/4th shares by appointing a Commissioner to divide petition schedule property. The Court below appointed a Commissioner to divide the said property by an order dated 29-8-2000 and aggrieved by the same, CRP No.4072 of 2000 was filed. CRP No...
Cheedaraboyina Yesudayamma and anr. Vs. Union of India (Uoi) and anr.
Court: Andhra Pradesh
Decided on: Dec-19-2001
Reported in: 2002(2)ALD309
P.S. Narayana, J.1. The unsuccessful plaintiffs 1 and 2 in OS No. 2 of 1984 on the file of Subordinate Judge, Ongole, are the appellants. The defendant in the suit is the 1st respondent and the 3rd plaintiff in the suit is the 2nd respondent in the present appeal. The plaintiffs filed the suit as indigent persons for recovery of Rs. 50,000/- towards compensation from the 1st respondent-defendant, consequent on the death of the husband of the 1st plaintiff i.e.,the 1st appellant, in a Railway accident on 13-4-1983 at Chavatapalem.2. For the purpose of convenience, the parties are referred to as 'plaintiffs' and 'defendant' as arrayed in the Court below.3. The allegations in the plaint are that the plaintiffs are the wife, daughter and father of late Sri Venkata Rao, owning a double bullock cart and plying it on hire, himself acting as driver, earning Rs. 15/- to Rs. 20/- per day throughout the year and at times more than that and that the plaintiffs had been depending upon his earning o...
Apsrtc, Mushirabad, Hyd. Vs. Bassetty Nirmala and ors.
Court: Andhra Pradesh
Decided on: Dec-19-2001
Reported in: 2002(2)ALD275
Motilal B. Naik, J.1. This appeal and the cross-objections arise out of an award made in OP No. 74 of 1997 dated 10-4-1998 by the Motor Accidents Claims Tribunal-cum-District Judge, Nellore (for short 'the Tribunal'). Since the appeal and the cross-objections arise out of the same award made in OP No. 74 of 1997, they are being disposed of by the following common order.2. Appellant in CMA No. 1343 of 1998 is the Andhra Pradesh State Road Transport Corporation has chosen to assail the award passed by the Tribunal in OP No. 74 of 1997 granting a total compensation of Rs. 7,14,560/- to the respondents/claimants with interest at 12% per annum from the date of the petition till the date of realisation. The respondents-claimants have also filed cross-objections in this appeal being dissatisfied with the compensation of Rs. 7,14,560/- granted by the Tribunal below as against their total claim of Rs. 10,08,000/-for the death of Bassetty Surendra Bhaskar on 2-8-1993 in a motor accident.3. When ...
N. Devan and anr. Vs. V. Kala Bharathi and ors.
Court: Andhra Pradesh
Decided on: Dec-19-2001
Reported in: II(2002)ACC625; 2003ACJ59; 2002(2)ALD569; 2002(3)ALT343
ORDER1. This appeal and the cross-objections arise out of an award made in OP No. 774 of 1993 dated 29-4-1997 by the Motor Accidents Claims Tribunal-cum-V Additional District Judge, at Tirupati (for short 'the Tribunal'). Since the appeal and the cross-objections arise out of the same award made in OP No. 774 of 1993, they are being disposed of by the following common order.2. There are two appellants in CMA No. 1726 of 1997, the first appellant being the owner of the offending lorry bearing No. AAC 7477 who is a resident of Balaji Nagar, Greamspet, Chittoor and the second appellant is the Oriental Insurance Company Limited, Chittoor - insurer of the offending vehicle AAC 7477. These two appellants have chosen to assail the award passed by the Tribunal granting a total compensation of Rs. 98,40,500/-with interest at 12% per annum from the date of the petitioner till the date of realisation, to the respondents-claimants herein. The respondents-claimants have also filed cross-objections ...
G.S. Prasad and ors. Vs. State Represented by the Assistant Director o ...
Court: Andhra Pradesh
Decided on: Dec-19-2001
Reported in: 2002(1)ALD(Cri)314; 2002(1)ALT(Cri)231
B. Sudershan Reddy, J.1. This batch of Criminal Petitions may be disposed of by a common order, since the question that arises for consideration in all of them is the same.2. These applications are filed by the petitioners under Section 482 of the Code of Criminal Procedure to quash the proceedings initiated against them for the offence punishable under Section 19(a) of the Seeds Act, 1996 on the file of the respective courts.3. Before adverting to the question that arises for consideration, it may be necessary to briefly notice the relevant facts leading to file of Crl. Petition No.4876 of 2000. The facts in other criminal petitions need not be noticed even according to the submission made by the learned counsel for the petitioners. The facts in other criminal petitions are more or less similar.4. The first respondent-State represented by the Assistant Director of Agriculture (Regular), Kothapet, East Godavari District filed a complaint against the petitioners herein and two others pu...
K.V.S.S. Sambhu Prasad Vs. Executive Officer, Gram Panchayat and anr.
Court: Andhra Pradesh
Decided on: Dec-19-2001
Reported in: 2002(1)ALD(Cri)400; 2002(1)ALT(Cri)227
B. Sudershan Reddy, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in S.T.C.No.7 of 1999 on the file of the learned Judicial Magistrate of First Class, Palakole, West Godavari District, in which the petitioner herein is arrayed as the sole accused.2. The first respondent-Executive Officer, Gram Panchayat, Chinthaparru, Palakole Mandal, West Godavari District initiated proceedings in S.T.C.No.7 of 1999 on the file of the learned Judicial Magistrate of First Class, Palakole against the petitioner herein in the form of charge sheet under Section 61, Schedule-II, Rule 34 (2), 41 of the Andhra Pradesh Gram Panchayat Act, 1994 (for short 'the Act') and the rules framed there under. In the complaint, it is inter alia alleged that an amount of Rs.24,272-50 paise is due from A.P. Bagasse Products Limited, Chintaparru represented by its Managing Director towards the 'house-tax on assessment No.626 for the year 1998-99 to Chintaparru...
Priyadarshini Cements Limited and Etc. Vs. State of A.P. and anr. Etc.
Court: Andhra Pradesh
Decided on: Dec-19-2001
Reported in: 2002(2)ALD(Cri)5; 2002(2)ALT(Cri)47; 2002CriLJ4465
E. Dharma Rao, J.1. Criminal Appeal No. 606 of 1997 is filed against the order of the learned V Metropolitan Magistrate, Hyderabad dated 21-8-1996 made in C.C. No. 721 of 1994 dismissing the complaint filed by the appellant-complainant under Section 256 of Cr.P.C. and acquitting the respondent-accused.2. Criminal Appeal No. 654 of 1997 is filed aggrieved by the order of the learned XI Metropolitan Magistrate, Secunderabad dated 6-3-1996 in C.C. No. 881 of 1994 dismissing the complaint filed by the appellant-complainant under Section 256 of Cr.P.C. and acquitting the respondent-accused which was confirmed by the learned IV Additional Metropolitan Sessions Judge, Hyderabad by his judgment dated 30-9-1996 in Criminal Appeal No. 171 of 1996.3. The question that arises for consideration in both these criminal appeals is as to whether the respective complaints filed by the appellants-complainants can be dismissed under Section 256 of Cr.P.C. in the facts and circumstances of the case.4. Sinc...
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