Andhra Pradesh Court March 2001 Judgments

A. Satyanarayana Reddy and ors. Vs. Government of Andhra Pradesh and o ...

Court: Andhra Pradesh

Reported in: 2002(1)ALD596

Satyabrata Sinha, C.J. 1. Aquestion was posed across the Bar asto whether having regard to the decision of the apex Court in L. Chanctra Kumar v. Union of India, : [1997]228ITR725(SC) , this writ application is maintainable. 2. Learned Counsel appearing on behalf of the petitioner, relying upon a Division Bench judgment of this Court in V. Vinod Rao v. Government of A.P., 1991 (1) ALD 147 (DB), submits that a party can directly approach the High Court in the first instance. The said decision, in our considered opinion, goes against the contention of the learned Counsel for the petitioner as would appear from the following observation of the Division Bench: 28. The Supreme Court in L. Chandra Kumar's case cited (supra) has held that the Tribunals would continue to act as the Courts of first instance in respect of the areas of law for which they have been constituted. By this, it meant that it will not be open for litigants to directly approach the High Court. Having regard to the law la...

Goparaju Venkata Bharata Rao and anr. Vs. Nagula Ramakotayya and ors.

Court: Andhra Pradesh

Reported in: AIR2001AP425

Ghulam Mohammed, J. 1. Defendants 1 and 2, who are the appellants herein, preferred this appeal against the judgment and decree dated 12-10-1990 in O.S. No. 125 of 1984 on the file of the Subordinate Judge, Nuzvid.2. The parties are described as arrayed in the trial Court. The brief averments of the plaint are as follows :3. The plaintiff instituted the suit for specific performance of agreement of sale dated 26-9-1969 and for recovery of possession from the defendants and for future mesne profits with interest. It is stated that one late Gadicherla Seetha Maha-lakshmamma, was the original owner of the suit schedule property, who succeeded to these properties as the only heir of her late husband Gadicherla Venkata Gopala Krishna Rao under the provisions of the Hindu Succession Act. It is averred that one Sri Kopparthi Venkatachalam, the brother of the said Seethamahalakshamamma acting on her behalf leased out the suit schedule property to the plaintiff on 5-7-1968 under a written agree...

T. Yadagiri Reddy and ors. Vs. State of A.P. Rep. by Authorised Office ...

Court: Andhra Pradesh

Reported in: 2001(4)ALT392

ORDERB. Prakash Rao, J.1. The petitioners in this revision, filed under Section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, (for short 'the Land Ceiling Act') who are the third parties, are aggrieved against the orders in L.R.A. No. 34 of 1996 dated 9-9-1997 on the file of the Land Reforms Appellate Tribunal, Ranga Reddy District.2. The petitioners claim to be the protected tenants in respect of Survey Nos. 18 to 24 (old) equivalent to new survey Nos. 24,30 and 39 situate at Meerpet village, Saroornagar Mandal, Ranga Reddy District. The main grievance of the petitioners is that even though they themselves had filed separate declarations and the very same lands having been included in their holding and declared non-surplus holders, the Tribunal has once again included those lands in the present proceedings arising out of individual declarations filed by the respondents 3 and 4, showing a large extent of land of more than 2,000 acres before the Lan...

Sridevi Wines Vs. Commissioner of Prohibition and Excise, A.P., Hydera ...

Court: Andhra Pradesh

Reported in: 2001(3)ALD101; 2001(3)ALT82

ORDERS.B. Sinha, CJ.1. The writ petitioner is the appellant herein. She filed a writ petition inter alia questioning the notices dated 25-7-2000 and 5-8-2000 issued by the Commissioner of Prohibition and Excise, Hyderabad-lst respondent and the Prohibition and Excise Superintendent, Nalgonda - 2nd respondent respectively. By reason of the first notice dated 25-7-2000 it was directed:'The attention of the Prohibition and Excise Superintendent, Nalgonda is invited to the reference cited, He is directed to issue notice to licensee to shift the shop to a place located within the limits of Thipparthy (Revenue) Mandal and take action accordingly.'2. By reason of the second notice dated 5-8-2000 it was directed:'The Commissioner of Prohibition and Excise, A.P., Hyderabad vide reference 2nd cited has directed to shift the said shop in the Revenue limits of Thipparthy Mandal. Therefore Smt. Sri Devi licensee of M/s. Sri Devi Wines IL 24 at Ramnagar is directed to select the new premises within ...

Chintada Das Vs. Koduru Boddoji and ors.

Court: Andhra Pradesh

Reported in: 2001(4)ALT166

B. Prakash Rao, J.1. The petitioner, who is the defendant No. 1, seeks to challenge the judgment and decree in SC No. 39 of 1994 dated 26-2-1997 on the file of the Subordinate Judge, Bobbili.2. The respondent No. 1-Plaintiff filed the suit for recovery of a sum of Rs. 4,987/-which includes the principal and interest in pursuance of a pronote Ex.A-1 dated 19-11-1991 executed by the defendants 1 to 3. Originally, the said pronote was in favour of the defendant No. 4 for borrowing a sum of Rs. 3,750/- and later it was transferred in favour of the plaintiff by the defendant No. 4 on 21-4-1994 as per Ex.A-2 on receipt of a sum of Rs. 4,000/-. Thus, the plaintiff being a holder in due course sought to recover the amount on the ground that though the plaintiff has demanded the amount including issuance of a registered notice in Ex.A-3 dated 23-4-1994 no payment was forthcoming.3. It is only the defendant No. 1-the petitioner who contested the suit. The other defendants 2 to 4 remained ex part...

T. Nagalakshmi Vs. State of A.P., Rep. by Mandal Revenue Officer and o ...

Court: Andhra Pradesh

Reported in: 2001(3)ALT495

S.B. Sinha, C.J.1. This appeal is directed against an order dated 22-2-2001 passed by a learned Single Judge of this Court in W.P. No. 16330 of 2000 whereby and whereunder the learned Judge while holding that the writ petition is not maintainable, in view of the provisions of the Administrative Tribunals Act, 1985, (hereinafter referred to as 'the Act' for the sake of brevity) directed:'... The interim order dated 5-9-2000 passed by this Court directing the 3rd respondent not to cancel the provisional selection of the petitioner in Group-I Services vide Registration No. 92713280 shall be valid for a period of six weeks.'2. The writ petitioner-4th respondent filed a writ petition inter alia for the following relief:'... to issue a writ, order or direction more particularly one in the nature of the Writ of Mandamus declaring the inaction of the respondent-Mandal Revenue Officer, Taluk Office, Guntur, in not issuing the permanent S.T. Caste Certificate 'Konda Kapu' to the petitioner as pe...

Mirza Ansar Baig Vs. the Manager, the A.P. Mahesh Cooperative Urban Ba ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The complainant opened an Savings Bank account on 1.7.1991 with the first respondent Bank and was allotted S.B. A/c. No. 1982. As on 8.7.1991 he as having an outstanding balance of Rs. 1,01,100/- to his credit. While so, he left India for Saudi Arabia on 17.7.1991 from where he left for New York and returned only on 11.9.1991. On his return to India, he fell ill and could not move about. He issued a cheque for Rs. 1,00,000/- which was returned with the endorsement insufficient funds. Immediately he contacted the Branch Manager of the first respondent Bank. He handed over the pass book showing that an amount of Rs. 1,00,000/- was already transferred on 8.7.1991 to the account bearing 1972 belonging to one Mukhesh Khatri. When questioned as to how such a transfer was made without his consent or knowledge he could not get any satisfactory explanation from the opposite party. Hence the complainant issued a notice dated 31.7.1992 for which a reply was iss...

Ch. Padma Vs. Sudha Nursing Home

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The complainant fell sick and she was admitted in the opposite party Nursing Home on 2.8.1991. She was operated upon on 5.8.1991 by Dr. V. Bhoom Reddy, proprietor of the Nursing Home, who released adhesions, closed Ilea perforation, anastamosis and appendicitis was also done. She was an in patient till 6.9.1991. During the post operative period, treatment was done mostly by the doctors, who were not qualified in Allopathy medicine and hence she developed severe complications including fecal fistula and bedsore. She became very weak and she developed fecal fistula due to infection. Although she was charged more than Rs. 30,000/- for the operation and her family incurred heavy expenditure, she developed severe complications due to poor post operative treatment. Thereupon she was referred to Dr. S.S. Reddy of the Apollo Hospital, Hyderabad on 21.10.1991 and she was accordingly admitted and was operated upon for resection of terminal, 1 feet of ileum alo...

Gandham Venkata Swami Naidu and Others Vs. Deputy Registrar of Co-oper ...

Court: Andhra Pradesh

Reported in: 2001(2)ALD578; 2001(3)ALT114

ORDERS.B. Sinha, CJ 1. The writ appeal and the writ petition being inter-related were taken up for hearing together and are being disposed of by this common judgment.2. Writ Appeal No.1530 of 2000 arises out of a judgment and Order dated 11-7-2000 passed by a learned single Judge in WP No.27153 of 1996 whereby and whereunder the writ petition was disposed of with the following directions:'At this fag end of the term, I am not inclined to put them back in the office and the ends of justice will be served by directing the respondents to conduct elections as expeditiously as possible at any rate within 3 months without reference to any decision taken up by the Government for postponing the elections to the Co-operative Society under the pretext of weeding out the bogus members from the societies as the society is under the management of a special Officer for a considerable time and the will of the majority people in the governance of the affairs of the society is not reflected. During the...

B. Srikanth Baba Vs. Deputy Registrar (Admissions), Ntr University of ...

Court: Andhra Pradesh

Reported in: 2001(3)ALD45; 2001(3)ALT332

ORDERSatya Brata Sinha, CJ.1. Whether Ordinance 1 of 1996 is prospective in operation or retrospective, is the question that falls for consideration in this writ appeal. 2. The appellant was admitted to Bachelor of Homeopathic Medicine and Surgery in respondent No.2-College. He joined the course during the academic year 1994-95. He completed three years by 1997-98. According to him, in 1996 he had been suffering from 'chronic gastritis', and has undergone treatment at Apple Hospital, Warangal. Again in 1998 while studying the third year he suffered severe stomach pain and was admitted in a Hospital at Hyderabad, and since the pain subsisted, he left to his native place, and was hospitalised in Rohini Hospital, Hanumakonda. The appellant appeared for the III year examination and successfully completed the same. He, however, could not attend the classes of IV year because he suffered stomach pain again and was admitted in Rohini Hospital, Hanumakonda. 3. On 12-7-1999, the appellant submi...