Andhra Pradesh Court August 2001 Judgments
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A. Ramesh Vs. Chintala Prabha and anr.
Court: Andhra Pradesh
Decided on: Aug-14-2001
Reported in: 2001(6)ALD240; 2001(6)ALT529
ORDER1. The revision petitioner who is the Judgment Debtor in E.P.No. 12 of 1997 in O.S.No. 431 of 1993 on the file of the Principal District Munsiff at Karimnagar, filed the present revision, aggrieved by the order of issuing warrant of delivery of possession against him on 22-10-1998. For the purpose of deciding the present, revision, the other factual details may not be necessary.2. Sri Ramesh Sagar, learned Counsel for revision petitioner/ judgment debtor had raised the following contentions. Learned counsel submitted that in E.P.No. 12 of 1997, two reliefs have been prayed for, one is for recovery of rents and another is for delivery of property. The learned counsel had drawn my attention to Rule 55 and Rule 218 of A. P. Civil Rules of Practice, and also had drawn my attention to Order 21 Rule 11 of the C.P.C. and contended that the relief of recovery of money cannot be prayed for and in this view of the matter, the very E.P. containing two prayers is not maintainable and hence th...
Karri Nagapadma Sridevi and anr. Vs. Oriental Fire and General Insuran ...
Court: Andhra Pradesh
Decided on: Aug-14-2001
Reported in: 2003ACJ671; 2001(6)ALD844; 2002(1)ALT44
B. Subhashan Reddy, J. 1. These two letters patent appeals arise out of the common judgment dated 29-12-1988 rendered by a learned single Judge of this Court in CMA Nos.974 and 1027 of 1986 respectively, which in turn arose out of OP Nos.240 and 105 of 1983 respectively on the file of Motor Accidents Claims Tribunal (District Judge), East Godavary at Rajahmundry, under Section 110-A of the Motor Vehicles Act.2. In LPA No. 225 of 1990, the minor daughter of the deceased parents is the first appellant, while the second appellant is the mother of the deceased Veera Reddy. In the other LPA No. 277 of 1990, appellants 1 and 2 are the parents of the deceased Syamala, while the 3rd appellant is again the daughter of late Syamala. To say concisely, while LPA No. 225 of 1900 relates to the claim on account of the death of Karri Veera Reddy, LPA No. 277 of 1990 concerns the payment of compensation on account of the death of late Syamala. Late Veera Reddy and Late Syamala were the husband and wif...
V. Pydi Shetti Vs. District Collector, Vizianagaram and Others
Court: Andhra Pradesh
Decided on: Aug-13-2001
Reported in: 2001(5)ALD618
ORDERS.R. Nayak, J. 1. This writ petition is filed by Sri Pydi Shetti, Ex-Sarpanch of the Bangaru Raju Peta Village claiming to be a pro bono public character and as a public interest litigation to espouse the cause of agriculturists of Bangaru Raju Peta Village. The prayer in the writ petition reads:'For the reasons stated in the accompanying affidavit the above-named petitioner prays that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus, declaringthe action of the respondents in collecting water tax from the farmers of Bangaru Raju Peta Village as illegal, arbitrary, null and void and to issue a consequential direction to delete the lands surrounding the Seri tank of Bangaru Raju Peta Village, Denkada Mandal, Vizianagaram District from the 1st respondent gazette notification No. 44, dated 27-6-1990 and to pass such other order or order as this Hon'ble Court deem fit and proper in the circumstances of the cas...
V. Preetham Vs. Secretary, Board of Intermediate Education, Hyd. and O ...
Court: Andhra Pradesh
Decided on: Aug-13-2001
Reported in: 2001(5)ALD701; 2001(6)ALT118
V.V.S. Rao, J.1. The appellant is a student of Intermediate. He joined the course in 1999, in his first year examination during March/April, 2000, he failed in two subjects. He continued his second year course and appeared for the second year public examination conducted by the first respondent in March/April, 2001. The results were declared. He failed in four subjects of second year. It appears he also appeared for two subjects of first year in which he failed along with second year papers and he could pass only one paper of first year. Therefore, factually the appellant is yet to pass one paper in first year and four papers in second year examinations.2. The Board of Intermediate Education conducts an instant examination immediately after announcement of the results apart from regular supplementary examination. The system of advanced supplementary examination was introduced with a view of save one academic year for the students who failed in the examinations. On 6-6-2000 when the res...
Dr. Shyam Sunder Prasad and Others Vs. Commissioner, Mch, Hyd. and Oth ...
Court: Andhra Pradesh
Decided on: Aug-13-2001
Reported in: 2001(5)ALD851; 2001(6)ALT209
B. Subhashan Reddy, J. 1. At issue, is the validity of the action of the Commissioner, Municipal Corporation of Hyderabad in declaring the property of the petitioners as a slum area in exercise of the powers under Section 3(1) of the Andhra Pradesh Slum Improvement (Acquisition of Land) Act, 1956. 2. The notifications were issued and gazetted differently for different areas owned by the petitioners. While in WP No. 19117 of 1987, notification was issued on 14-10-1987 and gazetted on 5-11-1987, in WP No. 673 of 1992 the notification was issued on 4-12-1991, which was gazetted on 26-12-1991. In the said writ petitions, the validity of the above notifications is assailed as being unconstitutional, illegal, arbitrary and without jurisdiction. Insofar as WP No. 9668 of 1987 is concerned, a declaration is sought, for that the action of respondents 1 and 2 in issuing slum area occupancy certificates to the tenants of the petitioners in premises bearing Municipal Nos.5-4-51 to 5-4-108 and 5-4-...
State of Andhra Pradesh and ors. Vs. P. Ramaswamy and Company, Enginee ...
Court: Andhra Pradesh
Decided on: Aug-13-2001
Reported in: 2001(6)ALD82
ORDER1. This civil revision petition is filed by the revision petitioners-respondents 1 to 3 in OP No.222 of 1992, against the order dated 28-8-1998 made in the said OP, on the file of IV senior civil Judge, city civil Court, Hyderabad.2. The facts in brief are as follows :The 1st respondent in the CRP who is the petitioner in OP No.222 of 1992 filed an application under Sections 3, 5, 11 and 12 read with Sections 8 and 9 of the Arbitration Act, 1940 to remove the named arbitrators and appoint any retired Justice of the High Court of A.P. as a sole arbitrator to adjudicate the disputes and differences which have arises between the parties relating to the contract works. It is stated that the 1st respondent is a Class I Contractor and had entered into LCP Agreement No.27/SE/ NZD/81-82, dated 12-3-1982 with the Government of Andhra Pradesh for execution of contract works and during the execution of the said works certain disputes arose between the parties and as per the arbitration claus...
C. Nehru Babu Vs. State of A.P., Rep., by the Public Prosecutor
Court: Andhra Pradesh
Decided on: Aug-13-2001
Reported in: 2001(2)ALT(Cri)376; I(2002)DMC625
V. Eswaraiah, J.1. The sole accused filed this Criminal Appeal against the judgment dated 28/12/1995 made in S.C.No.123/1995 on the file of the Principal Assistant Sessions Judge, Tirupathi, convicting him under Section 306 Indian Penal Code (for short 'IPC') and sentencing him to undergo Rigorous Imprisonment for 7 years and also to pay a fine of Rs.500/-, in default, Simple Imprisonment for six months. 2. The case of the prosecution is that the deceased Laxmi Kanthamma aged 22 years originally a native of Kothamarrimakulapalle h/o Palamanda was given in marriage to the accused 2 1/2 years prior to the date of the incident i.e., 01/09/1993 and the deceased and the accused both lived amicably for some time. 3 months prior to 01/09/1993, the accused has taken a rented house in the upstairs in Door No.19-7-90/H of Yellappareddy quarters, Rayalacheruvu Road, Tirupathi, belonging to de facto complainant (PW-1). It is further alleged that the accused was pestering her humiliating her for is...
Mahavir Timber Merchant, Sec'bad Vs. Government of A.P. and another
Court: Andhra Pradesh
Decided on: Aug-10-2001
Reported in: 2001(5)ALD198; 2001(5)ALT134; [2006(1)JCR75(AP)]
ORDERS.B. Sinha, C.J.1. The vires of sub-rule (6) of Rule 7 of A.P. Forest Saw Mills (Regulation) Rules, 1969 inserted by G.O. Ms. No.99, Environment, Forests, Science and Technology (For.III) dated 17-7-1998 is questioned in this writ petition.2. The petitioner is a partnership firm and is a licence holder under the provisions of A.P. Saw Mill (Regulation) Rules, 1969 (for short 'Saw Mill Rules'). It is engaged in the trade of saw mill-cum-timber business. The activity of the firm is to obtain logs from Government timber depots at different places and to cut the same as per the requirements of the customers.3. By reason of the aforesaid amendment sub-rule (6) has been inserted in the regulations, which reads thus: When timber is brought for conversion to saw mill premises, the licence holder should retain the original permit and issue Form-II permit or Form-IV permit under the A.P. Forest Produce Transit Rules, 1970 as the case may be to the timber owner along with a photocopy of orig...
Venkateswara Timber Depot, L.B. Nagar, Hyderabad and Others Vs. Govern ...
Court: Andhra Pradesh
Decided on: Aug-10-2001
Reported in: AIR2002AP45; 2001(5)ALD203; 2001(5)ALT145
ORDERS.B. Sinha, CJ 1. The vires of sub-rule (9) of Rule 5 of A.P. Forest Produce Transit Rules, 1970 inserted by G.O. Ms. No.87, Environment, Forests, Science and Technology (For.III) dated 5-7-1999 is questioned in these writ petitions.2. The petitioners herein are retail timber merchants engaged in the trade of purchase of timber and conduct of retail sale of timber in Rangareddy and Hyderabad districts. The Government of AndhraPradesh in exercise of the powers conferred under Section 68 of A.P. Forests Act, 1967 (for short 'the Act') has framed rules known as A.P. Forest Produce Transit Rules, 1970 (for short 'the Rules'). Rule 5 of the said rule provides for issuance of a permit in respect of forest produce to be removed from forest or Government Timber Depots in Form I and Form II. By reason of the amendment issued in G.O. Ms. No.87 dated 5-7-1999, sub-rules (9) and (10) were inserted in Rule 5 purporting to require that the saw mill owner or depot owner trading in Municipalities...
Shaik HussaIn Vs. Divisional Forest Officer, Proddatur, Cuddapah Distr ...
Court: Andhra Pradesh
Decided on: Aug-10-2001
Reported in: 2001(5)ALD650; 2001(5)ALT187
S.B. Sinha, C.J.1. In this batch ofcases, the vires of Rule 3(3), 5(2), 7(1) and (2) of the Andhra Pradesh Saw Mills (Regulation) Rules, 1969 (hereinafter referred to as 'the Rules') as amended by G.O. Ms. No. 99 and G.O. Ms. No. 100, Environment, Forest, Science and Technology (For. III) Department, dated 17-7-1998 is in question.2. For the sake of convenience, the fact of the matter may be noticed from the first case i.e., Writ Petition No. 12290 of 1999.3. The petitioner for the purpose of establishing a Saw-mill in Proddutur Town, Cuddapah District took on lease land to the extent of 579 sq. mts in S.No. from one Sri B.S. Ameer on 31-12-1997. Pursuant to the recommendation of the Director of Town and Country Planning, by reason of Memo dated 19-1-1999, State Government granted relaxation of the Master Plan Zoning Regulation as also relaxation of the change of the land use from residential to industrial in favour of the petitioner on certain conditions which were complied with by th...
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