Andhra Pradesh Court June 2001 Judgments
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Ch. Ankamma Vs. Registrar of Co-operative Societies, Hyd. and Others
Court: Andhra Pradesh
Decided on: Jun-29-2001
Reported in: 2001(5)ALD13; 2001(4)ALT648
ORDERS.B. Sinha, CJ.1. The short question, which arises for consideration in this application, is as to whether violation of the provisions of the bye-law would enable an aggrieved person to avail public law remedy.2. The petitioner herein was dismissed from service on the ground that he committed the following irregularities:(a) while crediting the loan amount paid by Smt. K. Venka Subbamma to the society account, I had altered the date of payment from 2-10-1999 to 12-10-1999, as if that she discharged the loan on 12-12-1999 even though she paid the loan amount on 2-10-1999.(b) that myself and the Supervisor of the society recommended to grant loan to one Mr. V. Rajeswara Rao and to his brother Kesava Rao even though they are not having any landed property recommended as if they are having lands. (c) that myself and the Supervisor recommended to grant loan to the wife of V. Rajeswara Rao recommending to grant loan showing their fish tanks as wet land in S.No.274. (d) that myself and t...
Bernhard Consultancy Private Limited Vs. Ind Agro Synergy Limited, Nag ...
Court: Andhra Pradesh
Decided on: Jun-29-2001
Reported in: 2001(4)ALT486
1. In this application the petitioner has inter alia prayed for appointment of an Arbitrator as regards a dispute arising out of a memorandum of understanding between the parties dated 13-3-2000. The petitioner herein has invoked the arbitration clause as the respondent herein has allegedly failed to pay the total commission of 4.5% on the total draw down funds. Clauses (6), (9) and (10) of the memorandum of understanding read thus:That in even of circumvention or breach of this agreement, directly or indirectly, the injured party shall be entitled to damages equal to the maximum fee orcommission it should have realised from the said transaction conducted by the party who is in breach of this agreement. The first party agrees to provide the documents as specified in clause 1 above as early as possible failing which the first party shall be liable to pay the second party the said commission as herein above agreed to as the work of the second party would be deemed to be completed. If any...
D. Nageswara Rao Vs. Guntur District Milk Procedures, Co-op. Union Ltd ...
Court: Andhra Pradesh
Decided on: Jun-29-2001
Reported in: 2001(5)ALD139; 2001(5)ALT347
ORDERS.R. Nayak, J.1. On an earlier occasion, a Division Bench of this Court by its judgment and order dated 17-2-1999 had partly allowed the writ petition and remanded the disciplinary proceedings initiated against the petitioner, to the disciplinary authority with a direction to dispose of the proceedings afresh after giving opportunity of being heard to the writ petitioner on the ground that the enquiry against the petitioner-delinquent was conducted without notice to the petitioner. In Civil Appeal No.3186 of 2000 preferred against the said judgment of the Division Bench by the respondent-Union, the Supreme Court found that the allegation that the enquiry was conducted without notice to the petitioner is factually incorrect. The Supreme Court also found that though the 1st respondent has taken a plea that the writ petition is not maintainable against it, and this Court did not deal with that question. In that view of the matter, the order of the Division Bench was set aside by the ...
S. Maldi Reddy (Dead) by His Lrs. Vs. M. Ramakrishna Reddy
Court: Andhra Pradesh
Decided on: Jun-29-2001
Reported in: 2001(5)ALD128; 2001(4)ALT586
ORDER1. This civil revision petition is directed against an order passed by the Principal Junior Civil Judge, Kurnool dated 8-7-1998 in EA No.420 of 1994 in EP No.181 of 1990 in OS No.428 of 1983.2. The brief facts of the case are that the revision petitioners are said to be the grand sons of S. Maldi Reddy and that S. Maldi Reddy was executing the decree for recovery of money against the respondent and he had brought the EP schedule lands for sale on 4-7-1994 and since their grand father died after executing a will dated 28-12-1987 bequeathing all his properties, including the amounts in bank and also decrees and registered the same on 31-12-1987 they are entitled to come on record as legal representatives of the deceased Maldi Reddy. The application to bring on record the petitioners as legal representatives of the deceased Maldi Reddy was resisted bythe respondent judgment debtor stating that the petitioners are put to strict proof of the execution of the will by the deceased Maldi ...
J. Pushpalatha Devi (Died) by Lrs. Vs. Shyam Sundar and Others
Court: Andhra Pradesh
Decided on: Jun-29-2001
Reported in: 2001(5)ALD191; 2001(5)ALT23
All these revision petitions being inter-related were taken up for hearing together and are being disposed of by this common judgment 2. Landlady is the petitioner in all these revision petitions.3. The brief facts leading to the filing of these petitions may be stated thus:The petitioner is the owner of the premises bearing Municipal No.6-3-853 situated at Ameerpet, Hyderabad. She had leased four malgies of the said premises to one Sri Thakur V. Hari Prasad on a monthly rent of Rs.800/-, which was enhanced to Rs.1,000/- per month payable in advance every month on or before 5th day. It has been alleged that he stopped paying rent from January, 1987 on wards and committed wilful default in payment of rents for the period from January, 1987 to August, 1987. She further alleged that he had also sublet mulgi No.3 to One Sri Sharma who had been running Glassware business since October, 1986 and the fourth mulgi to one Shri Shyam Sundar who had been running kirana business, without her conse...
Mandal Revenue Officer, Saroornagar Mandal, R.R. Dist. Vs. Special Cou ...
Court: Andhra Pradesh
Decided on: Jun-29-2001
Reported in: 2001(5)ALD328; 2001(4)ALT687
ORDERMotilal B. Naik, J.1. This writ petition is filed by the Mandal Revenue Officer, Saroornagar Mandal, Ranga Reddy District, seeking a writ of mandamus declaring the judgment in LGA No.21 of 1996 dated 24-9-1996 on the file of the first respondent-Special Court under A.P. Land Grabbing (Prohibition) Act, Hyderabad, as illegal and to set aside the same and pass such other order or orders as is deemed fit and proper in the circumstances of the case.2. Few facts which are germane for the adjudication of the issues involved in this writ petition are traced hereunder:Petitioner filed LGOP No. 317 of 1988 on the file of the Land Grabbing Tribunal-cum-District Judge, Ranga Reddy (for short 'the Tribunal') District at Saroornagar, Hyderabad alleging that the second respondent herein grabbed Ac. 1-21 guntas of land in Sy.No. 86 of Lingojiguda at Saroornagar Mandal which is the Government land without any authority. It was further pleaded that the said land is covered by G.O. Ms. No. 1122, da...
Majeti Ravi Vs. Majeti Kameswara Rao and Others
Court: Andhra Pradesh
Decided on: Jun-29-2001
Reported in: 2001(5)ALD442; 2001(4)ALT481
ORDER1. This civil revision petition is directed against an order dated 29-1-1999 made in OP No.2 of 1999 on the file of the Principal Senior Civil Judge, Kakinada.2. The petitioner/petitioner-plaintiff filed OP No.2 of 1999 on the file of the Principal Senior Civil Judge, Kakinada under Order XXXIII, Rule 1 read with Section 26 and Order VII, Rule 1 CPC claiming the relief of partition of plaint A schedule properties into two equal shares. The Counsel for the respondents 2 and 3 had raised a preliminary objection relating to pecuniary jurisdiction to the effect that the value of the plaint schedule property is Rs.6,00,000/- and hence it is beyond the pecuniary jurisdiction of the Principal Senior Civil Judge, Kakinada and prayed for return of the plaint. The Court below relying upon the judgment reported in G. Venkatarathnam v. G. Kesava Rao, 1991 (1) APLJ 485, held that for the purpose of determining the pecuniary jurisdiction the entire value of the subject-matter of the suit has to...
Ch. Rama Rao and anr. Vs. State of A.P., Industries and Commerce Depar ...
Court: Andhra Pradesh
Decided on: Jun-29-2001
Reported in: 2002(1)ALT255
S.B. Sinha, C.J.1. These writ applications involve an interesting question of law as regards the power of Administrative Tribunal constituted under Article 323-A of the Constitution of India to issue an interim order although no rule of contempt has been issued in exercise of its power under Section 17 of the Administrative Tribunals Act (hereinafter referred to as the said Act).2. The basic fact of the matter is not in dispute. The caveators - unofficial respondents working in the Department of Industries have filed various applications under Section 19 of the said Act to direct the respondents not to effect promotions to the post of Joint Directors till further orders. In OA. No. 918 of 2001, the learned Tribunal directed the respondents not to effect promotions to the post of Joint Director till further orders.3. In the said case, the prayer reads thus:'To grant appropriate relief, declaring the action of the respondents in effecting promotions to the post of Joint Director of Indus...
Pallava Granites (India) Pvt. Ltd. Vs. Commercial Tax Officer No. 1 an ...
Court: Andhra Pradesh
Decided on: Jun-29-2001
Reported in: [2002]125STC298(AP)
Bilal Nazki, J.1. The petitioners in all the writ petitions are carrying on business of excavating and selling granite. For different years they were assessed both under the provisions of the Andhra Pradesh General Sales Tax Act, 1957 (for short, 'the APGST Act') and the Central Sales Tax Act, 1956 (for short, 'the CST Act') by the first respondent on different dates. The turnover mentioned by the petitioners represent the sales of granite to dealers in the State and others in form 'H' issued under the provisions of the CST Act and the Rules made thereunder. Assessment was made. Thereafter the Deputy Commissioner suo motu issued the notices reopening the assessments for disallowing exemption allowed by the first respondent on the turnover and called the petitioners to file their objections. The petitioners filed their objections and the Deputy Commissioner revised the order. In all the writ petitions except W.P. No. 27830 of 1996 the revisional orders were challenged by way of appeals....
Sait Bharat Kumar Vs. Vankayala Ratnamanikyam
Court: Andhra Pradesh
Decided on: Jun-29-2001
Reported in: 2001(4)ALT740
ORDERB.S.A. Swamy, J.1. This application is filed seeking transfer of E.P. No. 122 of 2000 in R.C.C. No. 5 of 1995 on the file of the Junior Civil Judge-cum-Rent Controller, Amalapuram, East Godavari District, to any other Court having jurisdiction to entertain the same.2. It is alleged that the Executing Court is likely to deliver possession of the property without taking into consideration the petitioner's interest over the property and the report of the Amin. It is also the case of the petitioner that the Executing Court is passing orders without looking into the record, and that it also ordered Police Aid for execution of the warrant and general order of arrest of those people who cause obstruction in taking delivery of the possession of the property.3. This Court while giving notice on admission by an order dated 23rd April, 2001 in C.M.P.No. 9081 of 2001 granted interim stay of all further proceedings. Now the respondent filed his counter and the matter is posted for hearing befo...
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