Andhra Pradesh Court March 2001 Judgments
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Neelamsetti Kataji Rao and Others Vs. Regati Ramaraju
Court: Andhra Pradesh
Decided on: Mar-23-2001
Reported in: 2001(4)ALT199
1. This is an appeal by the defendants in OS No.8 of 1983 on the file of the Court of the I Additional Subordinate Judge, Visakhapatnam. For the sake of convenience, the parties hereinafter would be referred to as they are arrayed in the trial Court.2. The suit is filed by the respondent (plaintiff) against the appellants (defendants) for cancellation of the sale deed dated 30-3-1978 registered on 18-7-1981 in the Registrar's Office, Visakhapatnam, i.e., Ex.B4. The case, in brief, of the plaintiff is that his father Govinda Rao was the divided brother of Venkata Lakshmi Narayana Rao (hereinafter called 'the deceased), who, after partition with his brother, acquired properties including the property described in the schedule appended to the plaint (for short 'the suit property'), and died unmarried and issueless, bequeathing the suit property to him under the Will dated 27-10-1974 executed in a sound disposing state of mind. After the death of the deceased, plaintiff demanded rent from ...
P. Shaikshavali Vs. Superintendent of Police, Anantapur, Anantapur Dis ...
Court: Andhra Pradesh
Decided on: Mar-23-2001
Reported in: 2001(3)ALD47; 2001(2)ALT582
ORDERS.R. Nayak, J.1. This writ petition filed by the applicant No.l before the Andhra Pradesh Administrative Tribunal at Hyderabad is directed against the order dated 16-2-2001 made in OA Nos.8707 of 2000 and 694 of 2001 dismissing the original applications tiled by the petitioner and another in which the validity and legality of the proceedings of the 1st respondent herein dated 23-12-2000 transferring the petitioner from the Roddam Police Station to Puttaparthy was assailed. 2. Before the learned Tribunal while assailing the validity of the impugned transfer order dated 23-12-2000, it was contended by the applicanls that they did not complete five years period at Roddam Police Station and in ordinary course, they could be transferred only after completion of five years; the transfer was effected during the middle of the academic year and thatcaused lot of hardship to them and their family members; the transfer was effected to accommodate the police constables attached to security wi...
Pankajavalli Vs. Superintendent, Central Prison, Chanchalguda, Hyd. an ...
Court: Andhra Pradesh
Decided on: Mar-23-2001
Reported in: 2001(3)ALD103; 2001(3)ALT3; 2001CriLJ2796
ORDERS.R. Nayak, J.1. A telegram dated 8-11-2000 sent to the Hon'ble the Chief Justice of this Court by one Smt. Pankajavalli, the petitioner herein, who is the widow of late C.K. Dhananjaya, was treated as taken up writ petition by this Court and notice was ordered to the respondents herein.2. The telegram sent by the petitioner reads as follows :'I Smt. Pankajavalli W/o C.K. Dhananjaya now bring to your Lordship notice that my husband was an accused in CC No.108 of 1999 pending before the Court of Special Judge for economic offences under ESI Act that the Special Court has remanded my husband for judicial custody to checkup the mental condition of my husband. Further my husband went under coma when he was in the custody. Subsequently the Superintendent, Central Prison has admitted my husband at Osmania General Hospital, Hyderabad and I cameto know that my husband passed away in Osmania General Hospital. Prior to that I have received a telegram from Central Prison dated 28-10-2000 sta...
Hindustan Coca-cola Beverages Private Limited Vs. Authority Under Sect ...
Court: Andhra Pradesh
Decided on: Mar-23-2001
Reported in: 2001(3)ALD204; 2001(3)ALT322; [2001(89)FLR1078]
ORDER1. These writ petitions can be disposed of by this common order inasmuch as the issues involved in these writ petitions are one and same.2. These writ petitions are filed against the order of the Authority under Section 48(1) of the A.P. Shops and Establishments Act, 1988 (for brevity the Act), whereby the Authority has set aside the dismissal order dated 25-8-1999 as illegal and directed the third respondent therein to reinstate the petitioner into service with effect from 23-12-1998, treating the petitioner, as if he was not dismissed from service by the respondent No.2 and transferred the respondent No.3, with continuity of service with full back wages and all other attendant benefits.3. Aggrieved by the said orders passed by the Authority, the third respondent therein i.e., M/s. Hindustan Coca Cola Beverages Private Limited, has preferred these writ petitions stating that it is not an employer of the ten workmen respondents and, therefore, the question of directing it by the A...
Special Commissioner of Land Revenue, A.P., Hyd. and Others Vs. Devend ...
Court: Andhra Pradesh
Decided on: Mar-23-2001
Reported in: 2001(3)ALD152; 2001(3)ALT455
ORDERS.B. Sinha, CJ. 1. Aggrieved by a judgment dated 6-8-1999 passed by the A.P. Administrative Tribunal in OA No.8310 of 1998 this writ petition has been filed by the Special Commissioner of Land Revenue, A.P., Hyderabad and others against the original applicant, allowing his application. The first respondent herein was appointed as Village Administrative Officer. On or about 17-6-1997 a disciplinary proceeding was initiated against the original applicant and as many as 11 charges were framed which are: '1. The penalty of Rs. 100/- imposed by the Revenue Divisional Officer, Chittoor vide proceedings 4347/93, dated 14-8-1996 has not been remitted. 2. That he was in possession of eight house-site pattas;3. That he misappropriated an amount of Rs.1512/- for the Fasli 1404 underNALA. 4. That he misappropriated an amount of Rs.3645/- under NALA for the Fasli 1405. 5. That he recommended Ediga Certificate to Balija people. 6. That lie himself delivered house-site pattas 5A/94/I404, dated 1...
Andhra Pradesh Tribal (Girijan) Welfare (Abhydaya) Union (Sangam) and ...
Court: Andhra Pradesh
Decided on: Mar-23-2001
Reported in: 2001(3)ALD189; 2001(3)ALT411
ORDERS.B. Sinha, CJ1. The advance sale notice dated 20-12-2000 issued by the Andhra Pradesh Forest Development Corporation calling for tenders from those who are desirous of purchasing green abnus leaves to be collected from the Government lands and purchased from the registered growers during 2001 beedi leaves season has been questioned by the petitioners herein in these petitions which are in the nature of pro bono publico as ultra vires of the A.P. Scheduled Areas Minor Forest Produce (Regulations of Trade) Regulations, 1979 (hereinafter referred to as 'the 1979 Regulations') and the A.P. Scheduled Areas (Land Transfer) Regulations, 1959 (hereinafter referred to as 'Land Transfer Regulations').2. Abnus leave used for manufacturing of beedi or in common parlance known as 'beedi leaves' is a minor forest produce. The State Government of Andhra Pradesh enacted A.P. Minor Forest Produce (Regulation of Trade) Act, 1971 (hereinafter referred to as '1971 Act') to regulate the trade of cert...
Y. Babu Rao Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Mar-23-2001
Reported in: 2001(3)ALD421; 2001(3)ALT191
ORDER1. In this application under Section 11 of the Arbitration and Conciliation Act, 1996 the applicant herein has prayed for appointment of a sole arbitrator for adjudication of the claims specified in his letter dated 28-1-2000. The said arbitration agreement is contained in a contractagreement bearing No.08/CAO/C/SC/98, dated 16-1-1998 entered into by and between the applicant and the respondents herein/ Admitted fact of the matter is that the respondents called for the tenders for the work of gauge conversion of CLM-VSG section from meter gauge to broad gauge and proposed construction of side drains and road work in MPT yard at Vasco station, the estimated value whereof was Rs.24,61,000/-. The applicant submitted the tender for a sum of Rs.19,77,910/- which was accepted. The applicant contends that he has successfully completed the work within the time extended by the respondent-authorities and executed 25% more than stipulated in the original contract.2. He had raised ten claims ...
E.S.M. Dass, Secunderabad Vs. Alfa Laval India Limited, Pune
Court: Andhra Pradesh
Decided on: Mar-23-2001
Reported in: 2001(3)ALD410; 2001(3)ALT344
ORDER1. This arbitration application is filed under Section 11 of the Arbitrationand Conciliation Act, (for short 'the New Act') read with Para 2 of the Scheme for Appointment of Arbitrators framed by the Chief Justice under sub-section (10) of Section 11 of the Arbitration and Conciliation Ordinance, 1996 (hereinafter referred to as 'the Scheme') seeking appointment of an independent Arbitrator for adjudicating the disputes that arose between the parties in connection with the termination of the services of the applicant under Clause 7 of the Contract of Service entered into between him and the respondent-Company on31-l-1995.2. The facts leading to filing of this application, in brief, are: The applicant was appointed in the Managerial Cadre of the respondent-Company on 7-11-1979 at their Pune Branch. On 16-7-1990 he was posted as Branch Manager at the Bhopal Branch. On 31-1-1995 he was promoted to the Senior Managerial Cadre in the respondent-Company and on the very same day i.e., on...
Majeti Siva Vara Koti Prasad Vs. Chalapathi Chit Fund, Private Limited ...
Court: Andhra Pradesh
Decided on: Mar-23-2001
Reported in: 2001(3)ALD488; 2001(3)ALT318
ORDER1. The petitioner herein is the defendant in OS No.1290 of 1998 on the file of the III Additional Junior Civil Judge, Guntur which was filed for recovery of certain amounts. The suit was decreed on 26-6-2000. However, an application in IA No. 1041 of 2000 was filed by the petitioner under Order 20, Rule 11(2) CPC, seeking an order from the Court permitting him to pay the decretal amount in instalments at the rate of Rs.5,000/- per month. The Court below considered this aspect and held that the decree Was passed on 26-6-2000 and the petition was filed after passing of the decree, i.e., on 31-7-2000. The Court further held that in terms of Article 126 of the Limitation Act, for payment of decretal amount in instalments, such petition has to be filed within 30 days from the date of passing the decree but in the instant case, the petition was filed beyond the limitation period prescribed, and on that ground dismissed the petition by the impugned order dated 29-11-2000 against which th...
Pabba Laxmidevamma and Others Vs. Pabba Sekharaiah Goud
Court: Andhra Pradesh
Decided on: Mar-23-2001
Reported in: 2001(3)ALD808; 2001(4)ALT132
1. The defendants filed this second appeal against the reversing judgment dated 9-12-1994 in AS No.9 of 1990 on the file of the Subordinate Judge, Wanaparthy in allowing the appeal of the respondent and decreeing the suit in OS No.2 of 1989, which was dismissed by the District Munsif, Kollapur on 26-7-1990.2. The respondent herein is the plaintiff. The parties herein are referred to as arrayed in the original suit.3. The plaintiff filed the suit for specific performance of agreement dated 17-10-1987 (Ex.A1) on 18-1-1989 alleging that one Pabba Roman Goud @ Pabba Ramulu, the late husband of the 1st defendant and the father of defendants 2 to 5, entered into agreement of sale on 17-10-1987 (Ex.A1) with the plaintiff agreeing to sell the land in S.No.192 admeasuring Ac.2.00 situated in the limits of Sampatraopally village, Weepangandla Mandal, Mahabubnagar District for a consideration of Rs.19,000/- at the rate of Rs.9,500/- per acre and received a sum of Rs.500/- as advance from the plai...
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