Andhra Pradesh Court June 2001 Judgments

C. Rajendra Prasad Vs. G.M. Corporation and Others

Court: Andhra Pradesh

Reported in: 2001(4)ALD181; 2001(4)ALT754

ORDER1. This revision arises out of the order dated 6-4-2001 in CMA No. 15 of 2001 on the file of the Court of the 1st Additional Chief Judge. City Civil Court, Secunderabad, allowing the appeal filed by the respondents - plaintiffs against the order dated 8-2-2001 in IA No,t954 of 2000 in OS No. 1556 of 2000 on the file of the Court of XI Junior Civil Judge, City Civil Courts, Secunderabad.2. For the sake of convenience the parties would hereinafter be referred as they are arrayed in the trial Court.3. The plaintiffs (respondents 1 to 6) filed OS No. 1556 of 2000 against the revision petitioner (2nd defendant) and the 7th respondent (1st defendant) seeking a decree of perpetual injunction restraining them (defendants) and their men from interfering in any manner with their possession and enjoyment of the suit schedule property, i.e., western wing of the 1st floor of 'May Fair' building, bearing Municipal No.1-8-303/34, S.P.Road, Secunderabad, (hereinafter called the suit property) esp...

P. Balakrishna Rao Licencee of Harsha Wines Vs. Prohibition and Excise ...

Court: Andhra Pradesh

Reported in: 2001(4)ALD576

S.B. Sinha, C.J.1. Applicability of Rule 29(2) of the A.P. Indian Liquor and Foreign Liquor Rules, 1970 as amended by G.O.Ms.No.197 Revenue (Excise-II) Department, dated 10.4.2000 is in question in this writ application. Two separate licences in IL 24 form were granted to the petitioner in terms of the provisions of the A.P. Excise (Indian and Foreign Liquor Retail Sale Conditions of Licences) Rules, 1993 (for short 'the 1993 Rules'). The said licences were renewed up to 31.3.2001. On 14.6.2000 a notice was issued by the 1st respondent directing:In view of the policy on issue for the year 2000-2001 and amendment to sub-rule (2) of Rule 29 of A.P. IL and FL Rules, 1970 and as per the instructions of the Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad contained in the references 1st to 4th cited 'a person will be allowed to have only one retail licence in his name.Hence, Sri P. Balakrishna Rao s/o Kondaiah, r/o Ongole is informed that he will have option either to retai...

Mir Zahed Ali Vs. A.P. State Finance Corporation Limited, Through Its ...

Court: Andhra Pradesh

Reported in: 2001(4)ALT255

B. Prakash Rao, J. 1. The petitioner, an auction purchaser, is aggrieved against the orders in I.A. No. 574 of 1993 in I.A. No. 105 of 1988 in O.P. No. 348 of 1988 dated 25-11-1993 on the file of the District Judge at Nizambad, rejecting the claim towards interest on the amounts deposited in pursuance of a court auction for the delay in its finalisation. 2. In pursuance of execution of a decree for money, an auction was conducted through court on 6-2-1992, wherein, the petitioner was the auction purchaser in respect of item No. 1 and he deposited a sum of Rs. 24,72,045/- within a period of 14 days from the date of auction as per the terms of auction. Even though the sale certificate was issued on 30-6-1992 in his favour, the property could not be handed over to him due to delays caused in regard to the auction of other item No. II and the consequent various interlocutory proceedings in this regard and the revisions to this court. 3. The petitioner claimed interest on the amount so depo...

Navayuga Engineering Company Ltd. Vs. Sanghi Industries Ltd.

Court: Andhra Pradesh

Reported in: 2001(5)ALT249

S.B. Sinha, C.J.1. These two appeals being inter-connected were taken up for hearing together and are being disposed of by this common judgment.2. The plaintiff-Company is the appellant in these appeals. It filed an interlocutory application praying for a direction restraining the respondent-Company from proceeding further with construction either by themselves or through others without quantifying the work executed by it inclusive of claims and settling them. The learned Trial Judge by reason of the order impugned before us has rejected the said prayer.3. Sri M.S.K. Sastry, the learned Counsel appearing on behalf of the appellant inter alia submitted that having regard to the provisions of Section 42 of the Specific Relief Act, 1963, (for short 'the Act') the learned Trial Judge ought to have granted injunction. In this connection our attention had been drawn to the letter dated 5-10-1998 by the respondent-Company to the appellant herein on the basis whereof it was submitted that as t...

R. Lova Raju Vs. Chairman, Visakhapatnam Port Trust, Visakhapatnam and ...

Court: Andhra Pradesh

Reported in: 2002(4)ALD247

S.R. Nayak, J. 1. A short but an important question that arises for decision in this writ petition is whether an application for the post of Assistant Executive Engineer (Electrical Maintenance) (Class I) by way of promotion should possess three years experience in the case of Degree holders and six years experience in the case of Diploma holders only in the feeder cadre of Assistant Engineer (Electrical) or whether three years or six years experience, as the case may be, in any responsible capacity in a large electrical establishment, is sufficient.2. The background facts of the case be noticed first. Sri R. Lova Raju, the petitioner-entered the service of the Visakhapatnam Port Trust - the respondent herein and he worked in Class III posts of Draughtsman 'C', Draughtsam 'B' and Foreman (Electrical Maintenance) from 8-12-1981 to 20-8-1999 and in recognition of his services, he was promoted to the Class II post of Assistant Engineer (Electrical Maintenance) with effect from 21-8-1999 a...

J. Manikyam Chetty (Died) M. Somasekhara Prasad Vs. J. Padmanabha Chet ...

Court: Andhra Pradesh

Reported in: 2001(4)ALT652

ORDER1. Aggrieved by the order of the Junior Civil Judge, Chittoor, passed in IA No.475 of 1999 in OS No.39 of 1994, dated 20-7-2000, dismissing the application filed by the petitioner seeking permission to come on record as the legal heir of the plaintiff on the basis of a registered will executed by the deceased plaintiff, the present revision petition is filed.2. I have gone through the order under challenge. The Junior Civil Judge dismissed the application on the ground that the petitioner is not the legal heir of the deceased plaintiff as she had two daughters and one son but they did not choose to come forward to get themselves impleaded as party respondents in the above suit. The learned Judge also extracted Order 22, Rule 3 of CPC without giving any reasons as to how the application is not maintainable.3. The learned Counsel appearing for the respondent relying on a judgment of the Supreme Court in T. V. Narayana v. Venkata Subbamma, : [1996]3SCR1042 , vehemently contended that...

Amit Castings Pvt. Ltd. Vs. United India Insurance Co. Ltd. and Anothe ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

P. Ramakrishnam Raju, President: 1. The complainant, a private limited Company running a Small Scale Industry manufacturing capacitors having its factory situated at C-16, Co-operative Industrial Estate, Balanagar, Hyderabad took out a policy of insurance from the opposite party Insurance Company bearing No. 051401/011/1/51771/89 dated 27.7.1989 for a sum of Rs. 32,00,000/-. While so the case of the complainant is that on 4.9.1989 at about 8.30 p.m. there was heavy flood due to lashing of rain and swelling of water in the adjacent nala which entered the factory premises damaging the raw material, semi-finished goods and finished capacitors. The complainant submitted a claim on 13.9.1989 to the opposite parties showing the particulars of damage suffered by it along with relevant documents like Panchanama, F.I.R., Certificate from the Co-operative Industrial Estate, weather report, stock statement issued by the Bank along with others as well as photographs. On receipt of the claim statem...

Maddali Natarajan Setty Vs. the Area Manager (L.P.G.) and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

C.D. No. 81/1993: P. Ramakrishnam Raju, President: 1. This complaint is filed claiming a sum of Rs. 4 lakhs with interest as compensation for the injury and loss sustained by him due to the defect in the cylinder supplied by the second opposite party who is the authorised dealer for distribution of LPG cylinders for cooking purpose being the agent of the first opposite party. C.D. No. 82/1993: 2. This complaint is filed claiming a sum of Rs. 7,75,000/- with interest as compensation for the injury and loss suffered by the complainant due to defect in the cylinder supplied by the same second opposite party as agent and authorised dealer of the first opposite party. 3. The cause of action as well as the facts leading to the filing of both the complaints are the same, though the complainants are different, for convenience both the complaints can be disposed of by a common order. 4. The complainant in C.D. No. 82/1993 who was having a regulator took a gas cylinder of Indian Oil Corporation ...