Andhra Pradesh Court August 2001 Judgments
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Repaka Bhyravamurthy and Another Vs. Muppidi Venkataraju and Others
Court: Andhra Pradesh
Decided on: Aug-31-2001
Reported in: 2001(5)ALD815; 2001(5)ALT565
S.B. Sinha, C.J. 1. The question as to whether the provisions of Order 1, Rule 10 of the Code of Civil Procedure are applicable in a reference under Section 30 of the Land Acquisition Act, 1894 (hereinafter called as 'the Act'), arises for consideration in these civil revision petitions.2. Before adverting to the question, the fact of each matter may be noticed:CRP No.765 of 1998: The lands of the petitioners in this revision petition were acquired by the 3rd respondent for the purpose of providing house sites to the poor and an award was passed in Award No.1 of 1992 on 6-4-1992 granting compensation. On their request a reference was made to the civil Court under Section 18 of the Land Acquisition Act which was numbered as OP No.514 of 1993 on the file of the Subordinate Judge's Court, Pithapuram. The said reference is said to have been converted into a reference under Section 30 of the Act. During pendency of the said proceedings, respondents 1 and 2 filed an application being IA No.4...
Remu Pipes Limited, Hyd. Vs. Industrial Finance Corporation of India, ...
Court: Andhra Pradesh
Decided on: Aug-31-2001
Reported in: 2001(6)ALD11; 2001(5)ALT265; [2002]108CompCas385(AP)
S.B. Sinha, C.J. 1. Correctness of a decision of a Division Bench of this Court in OSA No.16 of 1995 disposed of on 19-11-1998 having been doubted the matter has been referred to this Bench. 2. Remo Pipes Limited was directed to be wound up by an order in RCC No.9 of 1999. An official liquidator was appointed on 14-6-1999. The said winding up application was filed at the instance of State Bank of India. A chambers summons was taken by the official liquidator praying for sale of assets of the company in liquidation by public auction. The said application was allowed by an order dated 4-12-2000. Auction was held on 24-1-2001 at the registered office of the company. A report was submitted by the official liquidator as to the result of the said auction on receipt whereof by an order dated 19-2-2001 the learned Company Judge directed the official liquidator to invite sealed tenders from prospective purchasers for the sale of assets of the company in liquidation upon making adequate publicit...
Madikonda Srinivasa Rao Vs. Govt. of A.P. and Others
Court: Andhra Pradesh
Decided on: Aug-31-2001
Reported in: 2001(5)ALD791; 2001(5)ALT696
S.B. Sinha, C.J. 1. The petitioners in these writ petitions, inter alia, question the vires of Rule 53(4) of A.P. Indian Liquor and Foreign Liquor Rules, 1970 and also fora declaration that the proceedings dated 16-8-1999, 14-8-1999 and 14-8-1999 respectively issued by the Excise Superintendent, West Godavari district, Eluru suspending their licences issued for retail sale of Indian Liquor and Foreign Liqour and Beer as illegal, arbitrary and contrary to the provisions of A.P. Excise Act, 1968 and A.P. Prohibition Act, 1993 and the rules framed thereunder. 2. Though WP No.18385 of 1999 and WP Nos. 19464 and 20175 were heard separately since all the writ petitions challenge the vires of Rule 53(4) of the aforementioned Rules, they were being disposed of by this common judgment. 3. Bereft of all unnecessary details, the fact of the matter is as follows:The petitioner in WP No.18385 of 1999 was initially issued a licence for the year 1998-99 for retail sale of Indian Liquor, Foreign Liquo...
Klayman Porcelains Limited Vs. Superintending Engineer, Operation, Mah ...
Court: Andhra Pradesh
Decided on: Aug-31-2001
Reported in: 2001(5)ALD732; 2001(5)ALT274
S.B. Sinha, C.J. 1. Two questions as regard interpretation of the provisions of sub-section (6) of Section 26 of the Indian Electricity Act, 1910 (for short the '1910 Act') vis-a-vis condition Nos.22.1.2 and 22.2.3. in the light of the judgment of the apex Court in Punjab S.E.B. v. Ludhiana Steels Pvt. Ltd, : AIR1993SC1355 , have been referred to this Bench by a Division Bench (Coram: Bilal Nazki and E. Dharma Rao, JJ.), which are: 1. Whether from the judgment of Supreme Court referred to above (Punjab Stale Electricity Board v. Ludhiana Steels Pvt Ltd. (supra) it can be inferred that the Supreme Court has laid down the law that the words 'In the absence of any agreement to the contrary' appearing in subsection (1) of Section 26 control subsection (6) of Section 26 as well? 2. Since the controversy with regard to controlling of sub-section (6) with the words 'In the absence of any agreement to the contrary' as found in sub-section (1) of Section 26 was not before the Supreme Court as ...
G.V. Ranga Rao and Another Vs. A.P. State Electricity Board Engineers ...
Court: Andhra Pradesh
Decided on: Aug-31-2001
Reported in: 2001(5)ALD705; 2001(5)ALT553
S.B. Sinha, C.J. 1. Whether an appeal is maintainable against an order refusing an application for injunction purported to have been filed under Order 39, Rules 1 and 2 of the Code of Civil Procedure read with Section 151 is the question referred to this Bench by a learned single Judge of this Court.2. Appellants were the petitioners before the learned Court below. They are working as Divisional Engineers in A.P. TRANSCO.3. They filed a petition being OP No.1361 of 2000 on the file of the Chief Judge, City Civil Court, Hyderabad under Section 11 of the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 Fasli (for short 'the Act') for a declaration that the election scheduled to be held on 9-8-2000 to the 1st respondent Association as illegal, arbitrary and contrary to the procedure contemplated by the 2nd respondent in terms of his notification dated 7-7-2000.4. In the said proceedings, the appellants also filed an interlocutory application being IA No.2109 of 2000...
Gram Panchayat, Kuchipudi, Guntur Vs. YarlagadIn Ankeneedu Prasad and ...
Court: Andhra Pradesh
Decided on: Aug-31-2001
Reported in: 2001(6)ALD379; 2001(6)ALT390
Bilal Nazki, J.1. The 1 st defendant has filed the appeal against the judgment and decree of Principal Subordinate Judge, Tenali in OS No.33 of 1986. The suit was filed by respondents 1 and 2 originally for declaration and injunction. Declaration was sought that the plaintiffs had the right of fishery in the suit tank they had also the right to enjoyment of usufruct and right to management over the suit tank. Consequential relief of injunction restraining the defendants from interfering was also sought. Subsequently the plaint was amended and a declaration for ownership was also sought for from the Court. The assertions made in the plaint were that the plaintiffs were the sons of late Raja Yarlagadda Sivarama Prasad, Zamindar of Devarakota paragana who was Zaminder till the abolition of zamindari. Theplaintiffs contended that the suit tank was dug and constructed by one Yarlagadda Kodandaramana one of their ancestors in or about 18th century and they and their ancestors had been exerci...
Toddy Tappers Co-op. Society Group, Khammam Vs. Prohibition and Excise ...
Court: Andhra Pradesh
Decided on: Aug-31-2001
Reported in: 2001(6)ALD309; 2001(5)ALT793
Bilal Nazki, J.1. These are three Writ petitions filed by the same petitioner against the same respondents. In Writ petition No. 5406/99 a prayer is made that respondents should be directed to restore the toddy shop licence and toddy depot licence to the petitioner society. It also sought a declaration that registering of case in Cr.No. 2129/98/P&Ex.;/B3, dated 6-11-98 and 12-3-99 was illegal. The second Writ petition is W.P. No. 8135/99. In this petition the order passed by Prohibition & Excise Superintendent rejecting the representation of the petitioner for grant of remission of rentals in respect of TCS group, Khammam has been challenged. Third Writ petition is W.P. No. 21033/99. In this Writ petition a direction is sought not to collect the tree tax for the trees which were not tapped by the petitioner society in Krishna, Khammam and Nalgonda districts.2. The controversy is in fact same in all the three Writ petitions but the same controversy has attained different manifestations....
Jandrajupalli Purushotham Vs. District Collector, Prakasam Dist., Ongo ...
Court: Andhra Pradesh
Decided on: Aug-31-2001
Reported in: 2001(6)ALD722; 2001(5)ALT714
V.V.S. Rao, J. 1. The petitioner is aresident of Budavada Village in Cheemakurthi Mandal of Prakasam District. He claims to be one of the voters of the said village. His grievance is that respondents 1 to 3 did not reserve any wards in the said village for candidates belonging to SCs though there are 300 SC voters in the village. Therefore, he seeks a writ in the nature of mandamus directing the respondentsto reserve seats/wards in Buduvada Gram Panchayat to SCs. He also challenges Article 243-O of the Constitution of India as ultra vires the basic structure of the Constitution. 2. In the affidavit accompanying the writ petition the petitioner states that there were 2037 voters in the village during the Assembly elections. During the last Gram Panchayat elections one ward was reserved for SC candidate and two for BCs. For the Gram Panchayat Elections-2001 the respondents have reserved two wards for BCs, but they have not reserved any ward for SC (General) or SC (Women) categories. The ...
M. Vijaya Vs. Chairman and Managing Director, Singareni Collieries Co. ...
Court: Andhra Pradesh
Decided on: Aug-29-2001
Reported in: I(2002)ACC32; 2002ACJ32; 2001(5)ALD522; 2001(5)ALT154
ORDERS.B. Sinha, C.J.1. This is a writ petition taken up on the basis of a letter written by one Suit. Masaraboina Vijaya wife of Ailaiah, a resident of Indiranagar, Regional Hospital Area, Godavarikhani, Karimnagar District, addressed to the Hon'ble Chief Justice of this Court alleging that she was infected with dreadful disease of AIDS (Acquired Immune Deficiency Syndrome) on account of the negligence on the part of the authorities of Maternity and Family Welfare Hospital, Godavarikhani, a hospital under the control of Singareni Collieries Company Ltd., (SCCL), in conducting relevant precautionary blood tests before transfusion of blood of her brother (donor) into her body when she was operated for hysterectomy (Chronic Cervicitis) on 30-1-1998 at the hospital. She prays for an enquiry into matter and to take action against those responsible for causing the infectious disease and for a direction to the SCCL to provide sufficient financial assistance.2. The matter has been referred to...
Thota Padma Vs. High Court of A.P., Hyd. and Another
Court: Andhra Pradesh
Decided on: Aug-29-2001
Reported in: 2001(5)ALD571; 2001(6)ALT796
ORDERS.B. Sinha, C.J. 1. The petitioner in this writ petition has, inter alia, prayed for the issuance of a writ in the nature of a mandamus directing the respondents herein not to give effect to an order dated 14-8-2001 passed by the 1st respondent.2. The petitioner herein was enrolled as an advocate on 31-3-1993. She allegedly was practising in the Metropolitan Criminal Courts at Nampally. She was appointed as Assistant Public Prosecutor on 16-5-1998. She is still holding the said office. Pursuant to an advertisement issued by the State for recruitment to the posts of District and Sessions Judge Grade-II, the petitioner filed an application. The same had been rejected by reason of the impugned order on the ground that she had not completed seven years' practice as on 16-8-2000 i.e., the last date of receipt of applications.3. The contention raised by the petitioner is that having regard to the provisions contained in Article 233(2) of the Constitution of India, the period during whic...
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