Andhra Pradesh Court March 2001 Judgments

Meghraj Gayatri Devi Vs. Jetling Rajeshwar

Court: Andhra Pradesh

Reported in: 2001(4)ALD26; 2001(3)ALT267

ORDER1. The petitioner is the plaintiff. Aggrieved by the order dated 28-10-1997 in IA No.765 of 1997 in OS No.669 of 1993 on the file of the learned II Additional District Munsif, Warangal, the present revision under Section 115 of the Code of Civil Procedure, 1908 (for short 'CPC') is filed.2. The brief facts are as follows :One Jetling Rajeswar Rao was the owner of the house bearing No.13-7-121, Matwada, Warangal. After his death, disputes arose between his nephew one J. Rajeswar and his alleged adopted daughter Smt. Gayatri Bai. The latter, petitioner herein filed a suit for injunction being OS No.669 of 1993 on the file of the Court of the II Additional District Munsif, Warangal. She also filed an application under Order 39, Rules 1 and 2 CPC being IA No. 1166 of 1993. Initially, an ex parte and interim injunction was granted and later the same was made absolute. Aggrieved by the same, the defendant carried the matter in appeal being CMA No.78 of 1994 and the same was dismissed on...

Dowlat Ram Vyas Vs. Smt. Sugunamani Vyas and anr.

Court: Andhra Pradesh

Reported in: 2001(1)ALD(Cri)588; 2001(1)ALT(Cri)315; 2001CriLJ2265; II(2001)DMC424

ORDERR. Ramanujam, J. 1. This Criminal Petition is filed to quash the proceedings in M.C. No. 22 of 2000 on the file of the III Additional Judicial First Class Magistrate, Rajahmundry. 2. The petitioner herein is the husband and the 1st respondent herein is the wife. They are hereinafter referred to as 'the petitioner' and 'the respondent' as they are arrayed in the said Maintenance Case. 3. The petitioner filed the said M.C. against the respondent alleging that she is his legally wedded wife, their marriage was solemnized on 9-2-1953 as per the Hindu rites and caste customs, both of them were living happily after the marriage and she gave birth to a male child on 22-11-1955, some time thereafter the respondent developed illicit intimacy with one Mangamma Tiwari and started to neglect her and her son, in spite of her repeated requests the respondent did not respond favourably, she has no means to live on her own, the respondent is a very rich man and, therefore, she is entitled to get ...

Mrs. Kalla Anna Purna Vs. Life Insurance Corporation of India

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The complainant is the wife of late K. Venkateswara Rao. He obtained five insurance policies from the opposite party. The details of which are furnished below :S.No.DatePolicy No.Sum Assured1.10.10.197637219453Rs. 30,000/-2.10.8.197937272271Rs. 25,000/-3.28.3.198264519466Rs. 50,000/-4.19.3.1988670117730Rs. 2,00,000/-5.28.3.1990670128690Rs. 2,00,000/-All the policies were in force. While so he died on 3.7.1990 due to cardiac arrest. The complainant addressed a letter dated 22.8.1990 to the opposite party informing the sudden demise of her husband and demanded for payment of the sum assured under those policies enclosing the necessary records like all the policies, medical attendance certificate, certificate of identity or burial or cremation, etc. It is also stated that in the first two policies her husband was shown as minor and, therefore, no nomination was made. But in the third policy he nominated his father while in the last two policies he nomin...

K. Pulla Reddy Vs. Director of Survey Settlement and Land Records, Gov ...

Court: Andhra Pradesh

Reported in: 2001(2)ALD511

ORDERS.B. Sinha, CJ1. The short question which arises for consideration in this application is as to whether the respondents acted illegally in directing the petitioner to retire taking his date of birth as 1-7-1939 instead and place of 31-12-1941. At the time the petitioner was appointed in the year 1958 his date of the birth was recorded in his service book as 1-7-1939. However, on representation of the petitioner or otherwise his date of birth was corrected and a new page was added in his service book and his date of birth was purported to have been recorded as 31-12-1941. Upon discovery of the fraud purported to have been committed by the petitioner a proceeding was initiated on 27-11-1997 stating that as there had been a variation in the date of birth of the petitioner in his service book he was asked to appear on 22-12-1997 along with his explanation and enquiry was caused to be made even in the schools where the petitioner had allegedly read and it was found that the petitioner ...

Hazara Bibi and Another Vs. B. Mangaraju and Others

Court: Andhra Pradesh

Reported in: 2001(2)ALD592; 2001(3)ALT103

1. All these civil revision petitions involve a common question of law and the facts and thus, they were taken up for hearing together and are being disposed of by this common judgment.2. The tenants are the petitioners in these civil revision cases. The respondents are landlords. They purchased the premises occupied by different petitioners as tenants by reason of the registered sale deed dated 7-12-1984.3. Petitions were filed for eviction of the said tenants by the landlords purportedto be in terms of Section 10(3)(c) of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for brevity, hereinafter referred to as 'Rent Control Act'). Apart from defences in all the cases taken in individual cases, the main defence of the petitioners was that landlords are not entitled to maintain the aforementioned petitions for eviction.4. The said petitions were dismissed by the learned Rent Controller on the ground that the same were not maintainable under law as the respondents were not in...

Gajula Rajaiah Vs. State of A.P. and Others

Court: Andhra Pradesh

Reported in: 2001(2)ALD666; 2001(3)ALT609

ORDERS.B. Sinha, CJ : 1. Constitutionality of the A.P. Civil Courts Laws (Amendment) Act, 1997 whereby and whereunder the pecuniary jurisdiction of the Senior Civil Judge from unlimited jurisdiction to matters valued at or below Rs.5-00 lakhs has been effected, falls for decision in these applications. The petitioner in Writ Petition No.2140 of 2000 is said to be a resident of a remote place in Karimnagar district. His lands had been acquired by the respondent No.5 and an award was passed. He filed an application under Section 18 of the Land Acquisition Act which was numbered as OP No.45 of 1992. An execution petition was filed for executing the award passed by the Senior Civil Judge on 27-1-1999. Allegedly the execution petition filled bythe petitioner was returned for being presented before the proper Court in view of the said provision. 2. The learned Counsel appearing on behalf of the petitioner would strenuously urge that having regard to the fact that Article 39A of the Constitut...

K. Anantha Reddy Vs. Chukka Ramulu and Others

Court: Andhra Pradesh

Reported in: 2001(2)ALD653

ORDERS.B. Sinha, CJ 1. The writ petition involves an interesting question as regards the rule of reservation applicable in the matter of appointment to the category of Assistant Commercial Tax Officers in the Andhra Pradesh Commercial Taxes Subordinate Service.2. Respondent No.1 herein filed an application before the A.P. Administrative Tribunal which was marked as OA No.2758 of 1999 complaining, inter alia, that the official respondents had not been giving effect to the policy of reservation contained in Rule 4 of the A.P. Commercial Tax Subordinate Service Rules (for short 'the Special Rules'). The said applicationwas allowed by the Tribunal directing as follows:'Since the rules provide for considering the cases of B.Cs also for appointment by transfer to the post of ACTOs the respondents are directed to consider the cases of all eligible B.Cs. who are working in the city list offices for the appointment by transfer to the posts of ACTOs, in accordance with Special Rules and A.P. Sta...

Singareni Collieries Company Limited, Yellandu and Others Vs. Pothula ...

Court: Andhra Pradesh

Reported in: 2001(4)ALD110; 2001(3)ALT320

ORDER1. Petition under Section 5 of the Limitation Act to condone the delay of 67 days in filing the petition under Order IX, Rule 13 of the Code of Civil Procedure, was dismissed by the learned Junior Civil Judge by the order under revision, holding that as petition under Order IX, Rule 13 CPC is not maintainable, petition to condone delay in filing such a petition also is not maintainable.2. Revision petitioners having put their appearance in the suit took time for filing their written statements, and since they failed to file their written statements inspite of several adjournments being granted to them on imposition of costs, the trial Court passed a decree against them on 9-5-1997. Revision petitioners filed a petition under Rule 13 of Order 9 CPC toset aside the said decree, with the present petition to condone the delay of 67 days under Section 5 of Limitation Act. The Court below holding that as the decree was passed for the revision petitioners not filing written statements, t...

Ch. Anita and ors. Vs. State of Andhra Pradesh and ors.

Court: Andhra Pradesh

Reported in: AIR2001AP236; 2001(2)ALT299

S.R. Nayak, J.1. The only question that arises for our consideration and decision in these Writ Appeals and Writ Petitions is whether cancellation of admission of the petitioners/appellants to B.Ed, course during the Academic year 1999-2000 by the Principal, Government Institute of Advanced Study in Education (for short, 'IASE'), Masab Tank, Hydrabad, the common 4th respondent in these writ appeals and writ petitions, is legal and justified in the facts and circumstances of the case.2. Writ Appeal No. 19 of 2000 is directed against the interim order dated 29-12-2000 passed by the learned single Judge of this Court in WPMP No. 33525 of 2000 filed in W.P. No. 26348 of 2000 refusing to suspend the proceedings of the 4th respondent dated 23-12-2000, whereby and whereunder the admissions of the petitioners/appellants are cancelled. Writ Appeal No. 6 of 2000 is directed against the interim order passed by the learned single Judge dated 29-12-2000 in WPMP No. 33620 of 2000 filed in WP No. 264...

V. Lokanadham Vs. Govt. of A.P., Municipal Administration and Urban De ...

Court: Andhra Pradesh

Reported in: 2001(2)ALT596

ORDERS.B. Sinha, C.J.1. In this writ petition a question as regards (SIC) correctness or otherwise of the action on the part of the respondents herein in issuing a Memo dated 25-3-1994 in terms whereof the petitioner was informed that he would retire from service, is raised on the ground that an illegality has been committed as his date of birth is not corrected in his service book and the correct date of birth has not been taken into consideration. The petitioner was originally appointed as Junior Engineer in 1971. He had been given his due promotion. The petitioner contends that while he was admitted in Class 1 in a school in his native village Gudur his date of birth was recorded as 25th Sherwar 1354 Fasli but when he was admitted to another school the same was wrongly mentioned as 3-9-1942 AD in place of his correct date of birth 31-7-1945 AD. The petitioner contended before the learned Tribunal that the said mistake was detected only in the year 1993 upon coming across the Janmana...