Andhra Pradesh Court January 2002 Judgments
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Commissioner of Prohibition and Excise A.P., Hyderabad and ors. Vs. To ...
Court: Andhra Pradesh
Decided on: Jan-21-2002
Reported in: 2002(2)ALD379; 2002(2)ALT29
Ar. Lakshmanan, C.J. 1. Byconsent of both the parties the writ appeal istaken up for hearing and disposed of at the admission stage.2. This writ appeal is directed against a judgment dated 16th April, 2001 passed by a learned single Judge of this Court in WP No.253 of 2000 allowing the writ petition.3. The respondents in the writ petition are the appellants herein. The writ petition was filed by a Toddy Tappers Co-operative Society of Pillaipally Village of Pochampally Mandal, Nalgonda District seeking a writ of mandamus for issuance of a direction to call for the records relating to proceedings in Cr. No. 21719/98/ CPE/E1, dated 31-3-1999 and 26-4-1999, and Rc. No.6844/Co-op/95-96 dated 3-1-2000 and to quash them as illegal.4. The complaint of the writ petitioner is that, in pursuance of a representation filed by a local MLA dated 17-11-1998, the first appellant herein, by proceedings dated 31-3-1999 had directed the second and third appellants herein to conduct fair and impartial enq...
K. Suryanarayana and anr. Vs. P. Lakshmipathi Raju and ors.
Court: Andhra Pradesh
Decided on: Jan-21-2002
Reported in: AIR2002AP340
G. Yethirjulu, J.1. This is a miscellaneous appeal preferred against the judgment of the Subordinate Judge, Bapatla dated 18-12-1989 in A.S.No.18 of 1984.2. The appellants are the defendants 1 and 2 in O.S.No.551 of 1980 on the file of the Principal District Munsif Court, Bapatla. The suit was filed by the plaintiff for dissolution of partnership and settlement of accounts of the 1st defendant-firm and to pass a decree in his favour for such amount as he may become entitled to with interest against such defendants who become liable to pay the said amount. The Principal District Munsif Court in its judgment dated 07-5-1984 dismissed the said suit with costs by holding that there is no necessity to pass any order for dissolution of the firm as it was already dissolved on the date of disposing of the mill which is the sole property of the firm in favour of defendants 18 and 19.3. Being aggrieved by the judgment and decree of the trial court, the plaintiff preferred an appeal covered by A....
Kota Suryanarayana and anr. Vs. Penumatcha Lakshmipathi Raju and ors.
Court: Andhra Pradesh
Decided on: Jan-21-2002
Reported in: 2002(3)ALT652
G. Yethirajulu, J.1. This is a miscellaneous appeal preferred against the judgment of the Subordinate Judge, Bapatla dated 18-12-1989 in A.S. No. 18 of 1981.2. The appellants are the defendants 1 and 2 in O.S. No. 551 of 1980 on the file of the Principal District Munsif Court, Bapatla. The suit was filed by the plaintiff for dissolution of partnership and settlement of accounts of the 1st defendant-firm and to pass a decree in his favour for such amount as he may become entitled to with interest against such defendants who become liable to pay the said amount. The Principal District Munsif Court in its judgment dated 7-5-1984 dismissed the said suit with costs by holding that there is no necessity to pass any order for dissolution of the firm as it was already dissolved on the date of disposing of the mill which is the sole property of the firm in favour of defendants 18 and 19.3. Being aggrieved by the judgment and decree of the trial Court, the plaintiff preferred an appeal covered b...
Palipireddi Satyanarayana Alias Sathi Babu Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jan-21-2002
Reported in: 2002(2)ALD(Cri)327; 2002CriLJ2319
ORDERGopala Krishna Tamada, J.1. The petitioner was tried for the alleged offence punishable under Section 363 of the Indian Penal Code in Sessions Case No. 167 of 1996 on the file of the Assistant Sessions Judge, Peddapuram, East Godavari District and ultimately he was convicted and sentenced to undergo Rigorous Imprisonment for a period of three years and also to pay a fine of Rs. 1,000/-(Rupees One Thousand only) and in default of payment of fine amount to suffer simple Imprisonment for a period of three months. On appeal, in Criminal Appeal No. 236 of 1996, the learned Sessions Judge, East Godavari District, by his Judgment, dated 30-11-1998, dismissed the same confirming the conviction and sentence passed by the trial Court.2. The case of the prosecution is that the petitioner is a resident of Malllsala village and eking out his livelihood by running a soda shop and he was married. P.W, 3 who is the daughter of P.Ws. 1 and 2 are also the residents of same village where P.W. 1 is c...
Mahendra R. Saraf and ors. Vs. Goldstone Technologies Limited and anr.
Court: Andhra Pradesh
Decided on: Jan-09-2002
Reported in: 2002(1)ALD824; 2002(1)ALT516
1. The petitioners filed the above application under Section 11(6) of the Arbitration and Conciliation Act, 1996 read with Rule 3(1)(d) of the Scheme for Appointment of Arbitrators, 1996. The petitioners were holding 100% of the equity shares of M/s. Natural Technologies Private Limited and were also promoters/ shareholders/directors of the said Company. The petitioners negotiated with the respondents and arrived at an understanding wherein the respondents agreed inter alia to (i) buy 100% equity shares of the petitioners held in Natural Technologies Private Limited along with product rights, patent and trade marks; (ii) meet the running expenses of the banking division (NTPL) and to (iii) share the profit with the petitioners in an agreed manner for a period of three years apart from some other terms and conditions.2. An agreement was entered into between the petitioners and the respondents on 22-2-2000 under which the petitioners have sold 100% of the equity shares of NTPL with produ...
State of Andhra Pradesh and anr. Vs. B. Komaraiah and anr.
Court: Andhra Pradesh
Decided on: Jan-04-2002
Reported in: 2002(2)ALD253; 2002(1)ALT787
L. Narasimha Reddy, J.1. In this writ appeal, the State of Andhra Pradesh challenges the order of the learned single Judge in WP.No.3219/95 dated 13-1-1995.2. Briefly stated, the relevant facts are as under:3. The respondents jointly owned an extent of Ac.6-06 cents of agricultural land in Sy.No.578 of Uppal Kalan Revenue Village of Ranga Reddy district. The Urban Land (Ceiling and Regulation) Act 1976 (hereinafter referred to as 'the Act') became applicable to the State of Andhra Pradesh with effect from 17-2-1996. Hyderabad is one of the Urban Agglomerations declared under the Act in the State of Andhra Pradesh as is evident from Schedule 1 appended to the Act. The land of the respondents fell within the urban agglomeration. The respondents claimed that they are using the said land for the purpose of agriculture. However, since the land is within the urban agglomeration, they filed a declaration as required under Section 6 of the Act.4. The declaration filed by the respondents was pr...
Gettem Israil Vs. M. Siromani and anr.
Court: Andhra Pradesh
Decided on: Jan-04-2002
Reported in: AIR2002AP279; 2002(2)ALT212; II(2002)DMC4
C.Y. Somayajulu, J. 1. Since both the C.M.As. arise out of the same Judgment and since the parties to both the C.M.As. are one and the same, they are being disposed of by a common Judgment.2. For the sake of convenience the parties would hereinafter be referred to as they are arrayed in the trial Court.3. Plaintiff filed the suit for a declaration that she is the legally wedded wife of the 1st defendant and consequently to direct the 2nd defendant to incorporate her name as the wife of the 1st defendant in its records in place of G.Koteswaramma, whose name is recorded as his wife in their records.4. The case of the plaintiff in brief is that the marriage between her and the 1st defendant took place on 17-10-1966, and that out of the three children they begot, out of their wedlock, one daughter only is alive, and from a few years prior to the suit 1st defendant, by neglecting her, allegedly that he married one Koteswaramma as his second wife nominated her as his wife in the records of t...
N. Raj Kumar Vs. Sharada
Court: Andhra Pradesh
Decided on: Jan-04-2002
Reported in: AIR2002AP203
ORDER1. This revision petition is filed under Section 22 of A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960 (hereinafter referred to as 'the Act') against the order dated 14.9.1998 in R.A.No.1 of 1998 on the file of Principal Senior Civil Judge, Rangareddy at Saroornagar, setting aside the order dated 5.12.1997 of the Rent Controller-cum-Principal District Munsif, East and North, Rangareddy, in R.C.No.28 of 1993 on his file.2. The tenant is the revision petitioner. The respondent landlady filed eviction petition against the tenant on only one ground.The suit premises is a non-residential premises wherein the tenant is doing medical business. The landlady sought for possession of the suit premises on the ground that she is in need of the mulgi for the purpose of opening a medical and general stores and also to put up her residence in the room attached to the said mulgi. The tenant contended that the requirement alleged by the landlady is not a bona fide requirement. On the bas...
Regional Provident Fund Commissioner, Andhra Pradesh, Hyderabad and an ...
Court: Andhra Pradesh
Decided on: Jan-04-2002
Reported in: 2002(1)ALD829; 2002(1)ALT580; [2002(95)FLR357]
Ar. Lakshmanan, C.J.1. Being aggrieved against the order rendered in Writ Petition No. 18021 of 2001 dated 12-10-2001, the above appeal was preferred by the Regional Provident Fund Commissioner, A.P. and another. The respondent - Deepak Kulkarni is a member of the provident fluid by virtue of his employment in M/s Bakelite Hylam Limited. He submitted a claim in form 10-D of Employment Pension Scheme, 1995 in June, 2000 for payment of disablement pension. He was referred to Regional Medical Board, Gandhi Hospital for the medical examination and report and a certificate about the nature and percentage of the disablement to decide the eligibility for disablement pension under the Employees Pension Scheme, 1995 which is framed under the Employees Provident Fund and Miscellaneous Provisions Act, 1952. The Medical Board issued a report and certificate after examining the respondent herein by letter dated 4-4-2001. The Medical Board certified that the case of the respondent is a permanent dis...
State of A.P. and anr. Vs. K. Sambasiva Raju
Court: Andhra Pradesh
Decided on: Jan-04-2002
Reported in: 2002(2)ALD563; 2002(2)ALT221
C.Y. Somayajulu, J. 1. Though the appeals arise out of orders in two different suits, since they arise out of the same agreement they are being disposed of by a common judgment.2. Since appellant and respondents in both the appeals are the same, for thesake of convenience, they would hereinafter be referred to as they are arrayed in the trial Court.3. CM A No. 3 of 1990 arises out of the order dated 24-10-1989 in OS No. 1108 of 1988 on the file of the Court of the V Additional Judge, City Civil Court, Hyderabad filed under Section 20 of Arbitration Act referring the dispute to a single arbitrator and CMA No. 882 of 1992 arises out of the order dated 15-4-1992 in OS No. 837 of 1990 on the file of the same Court dismissing the suit filed under Section 20 of the Arbitration Act to make a reference of the further claims made by the plaintiff to the arbitrator appointed in OS No. 1180 of 1988.4. For undertaking construction of a Closed Masonary Channel to carry raw water from Krishna River ...
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