Andhra Pradesh Court June 2001 Judgments
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Sharada Bai Vs. Jamuna Bai and Others
Court: Andhra Pradesh
Decided on: Jun-08-2001
Reported in: 2001(4)ALT234
ORDERBilal Nazki, J.1. These two appeals have been filed against the judgment and decree passed by learned single Judge in CCCA No.1 of 1992 on 24th June, 1998. The plaintiff has filed LPA No.166 of 1998 and two of the defendants who were defendants 1 and 2 in the suit have filed LPA No.226 of 1999. Other defendants have not chosen to file any appeal. Both the appeals were heard together and are being decided by this common judgment.2. The plaintiff filed suit fordeclaration of title and for recovery of possession of plaint 'A' schedule property. She also sought eviction of defendants from the 'A' schedule property. The plaintiff also sought permanent injunction restraining the defendants from interfering with the possession and enjoyment of the plaintiff over the plaint 'B' schedule property. Shealso sought recovery of Rs.6,000/- towards the part arrears of damages for use and illegal occupation of plaint 'A' schedule portion, and she also claimed future damages at the rate of Rs.2,00...
A.P. Gas Power Corporation Ltd. Vs. A.P. State Electricity Regulatory ...
Court: Andhra Pradesh
Decided on: Jun-08-2001
Reported in: 2001(4)ALT561
ORDERMotilal B. Naik, J.1. In all thesecivil miscellaneous appeals, the order passed by the Andhra Pradesh Electricity Regulatory Commission, Hyderabad in OP No.6 of 1999 dated 7-7-2000 is assailed on various grounds.2. Appellant in CMA No. 1971 of 2000 is the A.P. Gas Power CorporationLimited (for brevity 'the company') and the appellants in other CMAs are its shareholders. Since a common issue has been raised in all these appeals, we dispose of all these appeals by this common judgment.3. Few facts which are germane for the effective adjudication of the issues involved in these appeals are traced hereunder:The A.P. State Electricity Board (for short 'the Board') conceived setting up a 3 x 33 MW gas based combined cycle power station at Vijjeswaram as it could not muster adequate funds required for establishing a generating station which is highly capital incentive. A proposal was, therefore, mooted by the State Government and the Board to invite private participation in the venture t...
Arnavaz Rustom Printer Mumbai and Another Vs. N.D. Thadani and Another
Court: Andhra Pradesh
Decided on: Jun-08-2001
Reported in: 2001(4)ALD652; 2001(4)ALT509
ORDER1. In this revision petition under Section 22 of Andhra Pradesh (Lease, Rent and Eviction) Control Act, 1960 (hereinafter called 'the Act') the landlords are petitioners. They sued the respondents (hereinafter called, 'the tenants') for eviction from a residential premises by filing RC No.224 of 1984 under Section 10(2)(i) of the Act alleging that the tenants committed chronic default in paying the monthly rent. The learned II Additional Rent Controller, Hyderabad, by order dated 25-8-1993 in RC No.224 of 1984 allowed the petitioner and directed the tenants to handover the premises to the landlords. In the ensuing tenants appeal under Section 20 of the Act, the learned Additional Chief Judge and appellate authority under the Act reversed the order of the Rent Controller and dismissed the rent control petition. Hence, this revision.2. The case of the landlords has a chequered carrier spanning over a period of almost thirty years. For the purpose of this case, it is only necessary t...
Prathi Bhogaraju Vs. Thammisetti Veeraraju and ors.
Court: Andhra Pradesh
Decided on: Jun-08-2001
Reported in: AIR2001AP465; 2001(4)ALT590
ORDERB.S.A. Swamy, J. 1. Since the Sub-Inspector of Police produced the respondent before this Court, the N.B.W. against the latter (respondent) is recalled.2. The facts of this case reveal in what callous manner the legal fraternity represent their clients before the Courts. Had the learned counsel appearing for the petitioner-auction-purchaser filed application for correcting the mistakes that crept in the sale certificate, dated 9-9-1997, issued by the Court below pursuant to the sale of schedule property on 10-5-1993, the respondent, an advocate-clerk, would not have stalled the execution roceedings by filing application after application for long one decade.3. The facts of this case are that one Partti Ramanna filed suit, O.S, No. 356 of 1983, on the file of the learned Additional Junior Civil Judge. Tadepalli Gudem for recovery of a sum of Rs.4000/- with interest on the foot of a promissory-note executed by the respondent herein. Along with the said suit, the said Ramanna also fi...
Corporation Bank Vs. Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Jun-08-2001
Reported in: [2002]110CompCas100(AP); [2002]125STC346(AP)
Bilal Nazki, J.1. The petitioner-bank is a nationalised bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 and is carrying on the business of banking with its head office at Mangalore having several branches throughout India including branches at Warangal and Guntur in the State of Andhra Pradesh. The primary business of the petitioner-bank is banking as contemplated under Section 5(b) of the Banking Regulation Act, 1949 and also such other activities which are ancillary and incidental thereto. The petitioner-bank advances loans to different types of individuals, institutions and other concerns in accordance with the directives of the Reserve Bank of India. For the purpose of securing loan advanced by the bank it receives securities of different types from its customers. One such type of security is deposit of gold jewellery against the cash advanced. If the borrower fails to repay the loan within the stipulated period the petitioner-bank ...
Kamarsu Manikyala Rao and Etc. Vs. Kamarsu Nagabhushanam and ors.
Court: Andhra Pradesh
Decided on: Jun-08-2001
Reported in: AIR2001AP531
Bilal Nazki, J. 1. These are two Letters Patent Appeals. Both the appeals arise out of the judgment of trial Court in one suit being O. S. No. 89/80. For the sake of convenience the parties will be referred to as Plaintiff and Defendant.2. The plaintiff and the defendants both filed appeals against the judgment of trial Court. The plaintiff had claimed properties covered by Ex. B6 and B9. His claim covered by Ex. B9 was decreed. Therefore, the defendants filed appeal against that decree to that extent. The plaintiffs claim covered by Ex. B6 was dismissed. Therefore, the plaintiff filed appeal against the decree to that extent. Unfortunately these appeals bearing A.S. No. 607/88 and 941/88 were decided separately by two learned single Judges of this Court. A.S. No. 607/88 was decided as early as on 30th day of October, 1991 whereas appeal A.S. No. 941/88 was decided on 2nd February, 1998. The judgments in both the appeals have been challenged by these Letters Patent Appeals.3. The facts...
Ch. Prabhakar and 2 ors. Vs. the State of A.P., Rep. by Its Principal ...
Court: Andhra Pradesh
Decided on: Jun-08-2001
Reported in: 2001(4)ALT694
S.B. Sinha, C.J.1. In this Writ Petition, the applicability of Section 39 of Indian Electricity Act as amended by the Indian Electricity (Andhra Pradesh Amendment) Act, 2000 is in question.2. The petitioners who are running a flour mill in Secunderabad area had been facing criminal prosecution for alleged commission of offence of theft of electric energy punishable under sections 39 and 44 of the Indian Electricity Act, 1910, (for short 'the Act') in pursuance of a complaint lodged by the Inspector of Police, Vigilance and A.P.T.S. Teach, A.P. Transco, Hyderabad, on 24.6.1999. A charge sheet had been filed under sections 39 and 44 of the Act on 6.10.1999.3. The III Metropolitan Magistrate, Hyderabad, took cognizance of the said case and trial of the case was proceeded with in terms of Criminal Procedure Code. The learned Magistrate examined P.Ws.1 to 4.4. While the matter stood thus, on or about 28.9.2000, the State of Andhra Pradesh, however, brought an amendment to the Act called the...
Ganji Venkateswara Rao Vs. Deputy Commercial Tax Officer and ors.
Court: Andhra Pradesh
Decided on: Jun-08-2001
Reported in: [2001]124STC705(AP)
ORDERS.R. Nayak, J.1. These writ petitions are directed against the attachment proceedings passed by the Deputy Commercial Tax Officer - I, Samarangam Chowk, Vijayawada, the 1st respondent herein, dated 11.10.2000 in Rc. No. B.5/57/96. The relevant and necessary facts be noted first as under:The property under attachment by the impugned proceedings is an extent of 430 sq. yards house property bearing Door No. 1-3-26-12, Municipal Ward No. 1/2 Assessment No. 650/E/2-A, Plot No. 3, situated at Vidhyadarapuram village, Vijayawada sub-registry being bounded by- East -Property of Sistla Padmavathi - 81 ft. South -Property of Kolluri Madhusudhan Rao and & Panduranga Rao 23.9 ft. West-Remaining House property of Kommu Venkateswara Rao - 81 ft. North-15 ft. wide road - 24 ft. 2. The said property originally belonged to Sri Govindarajulu Venkateswara Rao who had purchased it on 26.3.1947 from Matta Peda Subbaiah and others. Sri Lakshman Rao, his son had constructed a RCC building on the said la...
Ch. Hymavathi Vs. Government of A.P. and Others
Court: Andhra Pradesh
Decided on: Jun-07-2001
Reported in: 2001(4)ALD210
ORDER1. The petitioner Smt. Ch. Hymavathi widow of late Cft. Venkateswara Rao, a resident of Malluru Village of Konavaram Mandal, Khammam District filed this writ petition to issue a direction to the respondent to pay suitable monetary compensation and also to provide employment to the petitioner in any of the Government Department/agencies in the interest of justice and equity and to pass such other orders which are deemed fit and proper in the circumstances of the case.2. The facts of the case, in nutshell, are that the petitioner was married to Sri Venkateswara Rao (hereinafter referred as 'the deceased') when she was of 19 years without disclosing that he as a epilepticpatient, that both of them led normal life and whenever there used to be a epileptic attack, the deceased was given local treatment administering home made medicines as per the customs prevailing in that area, that he was also given burn treatment with turmeric root. While so, on 12-11-1989, the deceased had fits and...
S. Lakshminarayana and Another Vs. Dargha Hazarat Ghalib Saheed, Rep. ...
Court: Andhra Pradesh
Decided on: Jun-07-2001
Reported in: 2001(5)ALD229
ORDER1. This writ petition is filed seeking a writ of mandamus directing the respondents to execute sale deeds in favour of the petitioners by receiving the sale consideration of Rs. 1.30 lakhs per acre in respect of the lands in their occupation in Sy.No.600 of Gollapudi village, Krishna District belonging to the first respondent-Darga by declaring the notice No.A1/KST/ 118/84/Rent dated 18-12-1995 issued by the second respondent, as illegal and without jurisdiction.2. The matter has a chequered career. The petitioners are the tenants of small extents of agricultural lands owned by the first respondent totally admeasuring Ac.15.23 cents, for a considerable length of time, by paying Rs.9,000.00 as Maktha per annum.3. While so, the tenants requested the first respondent to sell the lands under their occupation. This matter was considered by the Wakf Board and resolution was passedon 22-1-1985 to sell the above extent to 53 tenants. The said resolution was approved by the Government in n...
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