Andhra Pradesh Court February 2002 Judgments
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Nadupari Narayana and ors. Vs. Ijjada Narayana
Court: Andhra Pradesh
Decided on: Feb-08-2002
Reported in: AIR2002AP387; 2002(3)ALT681
ORDERV.V.S. Rao, J.1. The defendants in the suit are the appellants. They filed this second appeal aggrieved by the judgment and decree dated 17-4-2001, passed by the Additional District Judge, Vizianagaram, in A.S. No. 125 of 1998, reversing the judgment and decree, passed by the Junior Civil Judge, Gajapathinagaram, in O.S. No. 206 of 1996, dated 19-3-1998. 2. A piece of agricultural land was owned by one Kandhi Rama Naidu. He had three sons namely. Guru Naidu. Appala Naidu and Satyanarayana, who after the death of their father, partitioned the property among themselves. Whether or not there was a condition in the partition, it appears that the three were using the water for agricultural purposes, from a well situated in the eastern corner of the agricultural field called 'Peda Akumadi'. As years passed by. Guru Naidu, presumably the eldest son of late Rama Naidu, sold an extent of Ac. 1.50 cents in Sy. No. 185/10, 185/2, 182/3 and 174/1 to the 1st defendant under Ex. B1. During the ...
Mrs. Asanammal Kasim and anr. Vs. Ceat Financial Services Ltd. and anr ...
Court: Andhra Pradesh
Decided on: Feb-08-2002
Reported in: 2002(1)ALD(Cri)700; [2002]112CompCas287(AP)
ORDERC.Y. Somayajulu, J.1. 1st respondent initiated proceedings in C.C. No. 101 of 1998 on the file of the Court of the XV Metropolitan Magistrate, 'Hyderabad, under Section 138 of the Negotiable Instruments Act (for short, 'the Act') against M/s. Neo Intex Mills Limited (Company), 'petitioners and five others in their capacity of Directors of the Company alleging that cheques dated 25.8.1997 and 25.9.1997, issued by A4 for and on behalf of the company, were dishonoured when presented in the Federal Bank, Lakdi-kapul, Hyderabad, and that in spite of statutory notice contemplated by Section 138 of the Act, petitioners and the other Directorsof the Company or the Company did not arrange for payment of the amount covered by thedishonoured cheques.2. Contending that the 1st petitioner had tendered resignation to the post of Director ofthe Company and that resignation was accepted by the Board of Directors of the Company,and that Courts at Hyderabad had no territorial jurisdiction to entert...
Allada Veerabhadra Rao Vs. Chakka Sriram Murthy and Company
Court: Andhra Pradesh
Decided on: Feb-08-2002
Reported in: 2003(1)ALD170
B.S.A. Swamy, J.1. The preliminary decree passed by a learned single Judge of this Court in A.S. No. 418 of 1981 arising out of O.S. No. 127 of 1977 partly allowing the appeal by treating the suit as a mortgage suit and the judgment allowing Transfer A.S. No. 1672 of 1988 arising out of O.S. No. 222 of 1979 on the file of II Additional Subordinate Judge, Kakinada, by dismissing the suit filed by the appellant for return of the document, are under challenge in these two LPAs.2. The facts of this case are very interesting and also throw light on the human ingenuity in making false claims.3. The respondent-firm in both the LPAs filed O.S. No. 127 of 1977 for realisation of an amount of Rs. 1,14,0357- by contending that the appellant herein, a cloth shop owner, was having credit facility with the firm since 1965 and by 31-3-1976 an amount of Rs. 89,247.18 ps was due from him for which debt the appellant not only acknowledged by signing in the account books of the respondent but also execut...
P. Ananda Rao Vs. Registrar, A.P. Administrative Tribunal, Hyderabad a ...
Court: Andhra Pradesh
Decided on: Feb-07-2002
Reported in: 2002(2)ALD239; 2002(1)ALT568
B. Sudershan Reddy, J.1. Thepetitioner invokes the extraordinary jurisdiction of this Court challenging the order passed by the Andhra Pradesh Administrative Tribunal at Hyderabad in OA No.5843 of 1994, dated 18-6-1999 read with Rev. M.A.No. 2108 of 1999, dated 2-8-1999. The petitioner accordingly prays for issuance of a writ of mandamus declaring the said order passed by the Tribunal as illegal, arbitrary, vitiated by non-application of mind and country to law laid down by the Supreme Court. The petitioner accordingly prays for grant of appropriate consequential orders setting aside the order of removal issued in proceedings Rc.No. 12005/87/A7, dated 15-6-1992 by the third respondent-District Collector as confirmed by the order dated 2-9-1994 by the second respondent-Commissioner of Land Revenue. The petitioner in effect challenges the order of removal passed against him dated 15-6-1992 by the third respondent and confirmed by the second respondent-appellate authority by order dated 2...
A. Kamaladhar Gupta and ors. Vs. Govt. of India and ors.
Court: Andhra Pradesh
Decided on: Feb-07-2002
Reported in: 2002(2)ALD396; 2002(2)ALT418
Ar. Lakshmanan, C.J. 1. Heard Mr. Malla Reddy, learned senior Counsel appearing on behalf of the Writ Petitioners, learned Government Pleader for General Administration Department, Mr. V. Vishwanadham, Mr. Suryaprakash Rao and Ms. P. Sharada appearing for the respective respondents.2. The petitioners are social workers. They have deep concern towards development and welfare of citizens more particularly downtrodden people. According to them they have been undertaking various welfare activities keeping in view the public interest. A few welfare activities initiated by them have been detailed in paragraph 2 of the affidavit filed in support of the writ petition. The petitioners claim that they have also been doing social work by protecting the State interest and Revenue and also serving the needy people whenever there is exigency. The petitioners submit that the Government of India, the first respondent herein sponsored a Scheme popularly known as Integrated Low Cost Sanitation Scheme (h...
Diwakar R. Kattar and anr. Vs. Deputy Commissioner of Customs, Icd, Hy ...
Court: Andhra Pradesh
Decided on: Feb-07-2002
Reported in: 2002(2)ALD535; 2002(2)ALT237; 2002CriLJ3494; 2002(84)ECC68; 2002(143)ELT282(AP)
Dr. Ar. Lakshmanan, C.J.1. Heard Sri G. Mohan Rao, the learned Counsel for the petitioners and Sri C.V. Ramulu, the learned standing Counsel for the Central Government appearing for the respondent.2. Though the writ petition was filed by Dr. Diwakar R. Kattar and his wife Mrs. Aruna Kattar, however, the same is being prosecuted only by the 2nd petitioner-wife. The writ petition was filed to call for the records pertaining to the issue of order in C. No. S/56/TR/49/2000 /ICD, dated 26-6-2001 as affirmed by the Commissioner (Appeals) vide his order dated 26-11-2001 and to set aside the same as illegal and violative of Article 14 of the Constitution of India and to direct the respondent to release the Remington gun along with 10 sluggers and 152 cartridges of 22 bore to the 2nd petitioner.3. The 1st petitioner along with his wife-the 2nd petitioner and their children were in USA for the last 20 years. The 1st petitioner is a doctor by profession and worked in USA in various hospitals for ...
D. Shekhar Vs. the Commissioner of Police
Court: Andhra Pradesh
Decided on: Feb-07-2002
Reported in: 2002(4)ALT323; 2002(2)AnWR554
Ar. Lakshmanan, C.J.1. Heard Shri D.V.Ramana Murthy, learned counsel for the petitioner, learned Advocate General as Amicus Curiae and also the learned Government Pleader for Home.2. This Writ petition is filed challenging the constitutionality of Section 26 of the Hyderabad City Police Act, 1348 Fasli (hereinafter referred to as 'the Act') and the orders issued by the Commissioner of Police, Hyderabad, the 1st Respondent herein dated 15.2.2001 in his proceedings SB (1) No.10/Ext/S-1/2001 against the petitioner.3. In view of the nature of questions involved in the Writ Petition, this Court, by order dated 28.2.2001 requested the learned Advocate General to appear in the matter.4. According to the Writ Petitioner, the Prohibition and Excise staff of Charminar and Police of Chatrinaka started booking false cases against him under the Excise Act alleging that he is transporting/possessing I.D.Liquor. It appears, thereafter number of cases have been registered against the petitioner by the...
Executive Engineer, A.P. State Irrigation Development Corporation Vs. ...
Court: Andhra Pradesh
Decided on: Feb-07-2002
Reported in: 2002(4)ALT559; (2003)ILLJ80AP
ORDERP.S. Narayana, J. 1. These two writ petitions are filed for issuance of an appropriate Order, writ or direction, one in the nature of Writ of Certiorari, calling for the records pertaining to orders, dated November 15, 1995, in Case No. E/80/95 and in P.W. Case No. 6/93 on the file of the Authority under Payment of Wages Act, 1936 and Labour Officer, Sanga Reddy. 2. The impugned orders were made by the Primary Authority while exercising powers under Section 15 of the Payment of Wages Act, 1936 hereinafter referred to in short as 'Act' for brevity. It is suffice to state that in both the matters, though different proceedings are questioned, the parties are the same and the claims relate to different periods. The facts, which may be essential for the purpose of disposal of these writ petitions in brief, can be narrated as follows: 3. The contesting parties in these writ petitions, respondents No. 2. to 18, had invoked the jurisdiction of the authority under the Act claiming the reli...
Nadupuri Sanyasi Rao Vs. High Court of A.P.
Court: Andhra Pradesh
Decided on: Feb-06-2002
Reported in: 2002(3)ALT92
Ar. Lakshmanan, C.J.1. Petitioner Nadupuri Sanyasi Rao, now working as District Judge-cum- Chairman, A.P.Co-operative Tribunal at Vijayawada has filed the present Writ Petition seeking a Writ of Mandamus for a declaration that he is entitled to get his correct date of birth i.e., 29.3.1953 entered in all the concerned registers at the High Court level and at all other concerned offices by deleting the incorrect date of birth i.e., 1.7.1949 and also for a consequential relief to quash the proceedings dated 13.11.1997 issued in ROC.No.4518/97-B.Section dated 11.12.1997 by the respondent herein as illegal and violative of Articles 14, 16, 21 and 311 of the Constitution of India.2. Heard Shri Surender Rao, learned counsel for the Writ Petitioner and Smt.Bhaskara Lakshmi, learned standing counsel for the A.P.High Court.3. According to the entry made in the Births and Deaths Register, the petitioner was born on 29.3.1953. He requested the officials of the Education Department to make necessa...
Union Public Service Commission, New Delhi Vs. Thota Sreedhar
Court: Andhra Pradesh
Decided on: Feb-06-2002
Reported in: 2002(2)ALD653; 2002(2)ALT49
B. Sudershan Reddy, J.1. Union Public Service Commission (UPSC) invokes the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India impugning the judgment of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad in OA No.328 of 1999, dated 18-10-2000. The said judgment of the Tribunal is attacked on various grounds.2. Before adverting to the question as to whether the impugned judgment suffers from any error apparent on the face of the record requiring any correction as such by this Court in exercise of its certiorari jurisdiction, it may be necessary to notice the relevant facts leading to filing of this writ petition.3. UPSC issued a notification inviting applications for filling up of 234 posts of Enforcement Officers/Assistant Accounts Officers in the Employees' Provident Fund Organisation, Ministry of Labour, Non-GCS, Group 'B', Non-gazetted by the Advertisement No. SPL/4/97, dated 13-9-1997. In the notification itself, the following quali...
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