Court : Andhra Pradesh
Reported in : 2003(4)ALT699
ORDERDalava Subramanyam, J.1. The revision petitioner filed this revision against the decree and order passed in E.A.No. 1135 of 1989 in O.E.P.No. 352 of 1988 dated 28-11-1995 on the file of the I Additional District Munsif, Chittoor in dismissing the petition filed by the petitioner under Section 146 C.P.C. to come on record as the 2nd petitioner in the execution petition and as legal representative of the deceased decreeholder.2. The brief facts leading to the filing of the revision are as follows:Late R. Ramachandra Naidu filed O.E.P. 352 of 1988 on the file of the I Additional District Munsif, Chittoor against the respondents and while the execution petition was pending, he died. Thereupon, the revision petitioner Smt. T. Padma filed E.A.No. 1135 of 1989 to implead her as 2nd petitioner as she is legal representative of the deceased decreeholder. The respondents-judgment-debtors filed counter denying the averment that she is daughter of R. Ramachandra Naidu. The wife of late Ramach...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD685; 2002(6)ALT760
AR. Lakshmanan, C.J. 1. These two appeals arising out of WP No. 5046 of 2002 are directed against the Judgment dated 3rd July, 2002 of the learned single Judge directing the 1st respondent to accept the technical bid of the writ petitioner-M/s Gati Coast to Coast, M.G. Road, Secunderabad and to consider the same along with the financial bid of the 2nd respondent - M/s Transport Corporation of India Seaways Ltd., Chennai and to finalise the matter as early as possible.2. While W.A. No. 1165 of 2002 has been filed by the 2nd respondent in the writ petition, WA No. 1235 of 2002 has been preferred by the 1st respondent viz., the Food Corporation of India. Since both the appeals raise common questions of fact and law, they were heard together and are being disposed of by this judgment. For convenience sake, the parties will be referred to by their status in the writ petition.Facts: 3. The writ petition was filed seeking a writ in the nature of mandamus declaring the action of the 1st respon...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2003AP269; 2003(6)ALT773
Dubagunta Subrahmanyam, J.1. This appeal is filed by defendants 1 to 3 in O.S. No. 466 of 1975 on the file of the Principal District Munsif, Kowur against the judgment and the decree dated 30-10-1989 in A.S. Nos. 19 and 24 of 1982 on the file of the Subordinate Judge, Kowur modifying the judgment and decree dated 28-12-1981 made by the Principal District Munsif, Kowur in the above suit.2. Necessary facts for disposal of this appeal are as follows :The 1st appellant-1st defendant and Veera Raju (P.W. 9) are own brothers. They got divided and possessed separate properties. The 1st defendant (the defendants hereinafter will be referred to as D-1, D-2 and D-3) is the owner of the plaint B-schedule property, P.W. 9 is the owner of plaint A-schedule property. According to the respondent-plaintiff, on 20-4-1974 D-1 and P.W. 9 agreed to sell their respective properties to the plaintiff for a total consideration of Rs. 10,000/-, on that day D-1 received Rs. 3,000/- as part sale consideration an...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALT633
ORDERS.R.K. Prasad, J. 1. Sri P. Umamaheswar was a resident of Kondapeta, Dhone. He was doing mining 633 business and having incurred heavy debts he left Dhone and undertook contracts at Thirunalvelli. It is alleged that he supplied 'napa' slabs stones to the petitioner herein worth around Rs. 63,000/- and in spite of the repeated requests, the petitioner who was the accused failed to pay the amount. It is further alleged that as the said Uma Maheswar is unable to pay back debts incurred at Dhone disgusted with the life, poured petrol on his person on 29-4-99 and committed suicide. Thereafter, a case was registered under Section 306 IPC against the petitioner stating that he was responsible for committing suicide by P. Umamaheswar. The police have investigated the case and filed the charge-sheet and the same is numbered as PRC 20/2000 by the learned Judicial First Class Magistrate, Kurnool. These proceedings are being assailed by the petitioner under Section 482 Cr.P.C.2. It is mainly ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD764; 2002(6)ALT353
ORDERD.S.R. Varma, J.1. This writ petition is filed seeking a declaration that the impugned Circular Memo No. 8369/251/Pen-1/85-2, dated 11-6-1985, issued by the 3rd respondent is illegal, arbitrary and without jurisdiction.2. The facts of the case, in brief, are that the petitioner while working as Higher Grade Teacher retired on 31-10-1988 and since then she has been drawing her service pension. It appears that her husband, who also was working as teacher, died on 9-1-1967. After the death of her husband, as per Clause 6(ii) in G.O. Ms. No. 340 Finance and Planning (FW.Pen.1) Department, dated 30-12-1982, the petitioner was being paid financial assistance @ Rs. 100/- per month, which was enhanced to Rs. 370/- per month at a later date, and accordingly she was getting the said financial assistance from 1-4-1981 to 31-3-1992. While so, the respondents issued the impugned Circular Memo, dated 11-6 1985, clarifying that the financial assistance is given on compassionate consideration and...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD503
ORDERL. Narasimha Reddy, J.1. This writ petition is filed seeking a direction to the Commissioner and Director of School Education, 2nd respondent herein, to issue necessary orders under Section 24 of the A.P. Education Act, recognising the 2nd petitioner as the Convenor of the Education Committee of the Convention of the Baptist Churches of the Northern Circars (for short 'the Convention') a declaration is also sought to the effect that the enquiries directed to be held in pursuance of the orders of this Court in various writ petitions have become unnecessary in view of the expiry of the term of the 3rd respondent as Convenor as well as to set aside the orders dated 5-9-2002 issued by the 2nd respondent. The necessary facts are briefly stated as under:- 2. The convention is a Christian Organisation, having its activities in the northern coastal districts of the State of Andhra Pradesh. Running educational institutions is one of its activities. It functions through several committees. ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD675
ORDERG. Rohini, J.1. This civil revision petition is directed against the order dated 29.11.1999 in IA No. 856 of 1999 in OS No. 1211 of 1991 on the file of the Court of the II Senior Civil Judge, City Civil Court at Hyderabad.2. The revision petitioner is the plaintiff in OS No. 1211 of 1991. The respondent herein is the 1st defendant in the said suit. For the sake of convenience the revision petitioner and the respondent are hereinafter referred to as the plaintiff and the 1st defendant respectively as they are arrayed in the original suit.3. OS No. 1211 of 1991 is filed against the respondent herein and M/s. Uniloids Limited, a Public Limited Company, seeking a declaration that the liability of the plaintiff as surety for the credit facilities extended by the 1st defendant-Bank to the 2nd defendant-Company stands discharged and consequently the 1st defendant-Bank is liable to pay a sum of Rs. 12.86 lakhs with interest thereon to the plaintiff towards the amount covered by Fixed Depo...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD(Cri)147; II(2003)BC242
ORDERC.Y. Somayajulu, J.1. This is an application to quash the proceedings in C.C. No. 594 of 1999 on the file of the Court of I Additional Judicial First Class Magistrate, Khammam, instituted by respondents 2 and 3 against the petitioner for an offence under Section 138 of the Negotiable Instruments Act (for short 'the Act'). 2. Respondents 2 and 3 filed a private complaint against the petitioner under Section 138 of the Act alleging that the petitioner having induced them to part with Rs. 1,50,000/- and Rs. 10,00,000/-, ostensibly for purpose of incorporating and running of a company, utilised the money for himself and on their demand for repayment of the money he executed a letter dated 2.8.1999 promising to repay the amount of Rs. 11,50,000/- within three months and handed over a post-dated cheque dated 2.9.1999 drawn in favour of the second respondent of Rs. 5,00,000/- towards part payment of the amount due, and promised to pay the balance amount of Rs. 6,50,000/- before 30.10.199...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD311; 2003(2)ALT747
ORDERT. Meena Kumari, J. 1. The issue involved in all the writ petitions is one and the same hencethey are heard together and disposed of by a common order.2. In all the writ petitions the action of the 3rd respondent in his proceedings dated 2-3-2002 suspending the licences in respect of the toddy shops belonging to the petitioner society on the ground that the petitioner society has violated the provisions of Section 36(c) of A.P. Excise Act, 1968 read with Sub-rule (2) of Rule 14 of Excise (Tapping of Trees and Toddy Shops Special Conditions of Licences) Rules, 1969, is assailed.3. The facts that, led to the filing of these writ petitions in brief are that the petitioner society, consisting of 43 members, is a registered society and the society has been granted separate licences on 19.2.1999 by the Excise Department for establishing toddy depot and also group of shops numbering 8 for retail sale of toddy at Gadwal Town. The members of the petitioner society are eking out their livel...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALD(Cri)940; 2002(6)ALT628
ORDERB.S.A. Swamy, J.1. One S. Subbaiah of Nellore District, by telegram, dated 01-10-2002, brought to the notice of the Hon'ble the Chief Justice, that his brother Sarvepalli Sreenivasulu s/o Rarnaiah r/o Kota, was taken away by the Head Constable by name Narasaiah of Kota Police Station, from the premises of R.D.O., Gudur, while he was coming out of the Sub-Jail, Gudur, at about 06-15 p.m., on 28-09-2002, after obtaining bail in Crime No. 103 of 2001 and detained him in the Police Station without producing him before the Magistrate. He also stated in the telegram that his brother is likely to be implicated in some false cases and his life is in danger. Stating so he sought for issuance of a Writ of Habeas Corpus directing the respondents to produce the alleged detenu before this Court and set him at liberty.2. As per the version of the respondents one M. Srinivas Rao, Sub Inspector of Police, attached to Kota Police Station, found the alleged detenu moving in suspicious conditions at...
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