Andhra Pradesh Court April 2002 Judgments
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C. Jayashree Sarathy and anr. Vs. Government of Andhra Pradesh and anr ...
Court: Andhra Pradesh
Decided on: Apr-23-2002
Reported in: 2002(3)ALD477; 2002(4)ALT1
Ar. Lakshmanan, C.J. Thiswrit petition was filed by the petitioners seeking suitable directions to the respondents not to send the Members of Legislative Assembly on foreign tour as per the press report dated 10-3-2002. 2. According to the petitioners the Chief Minister has already visited number of countries and, therefore, instead of sending these MLAs., his dynamism and knowledge can be availed of. Since the Government is planning to indulge in expenditure without meeting the needs on priority basis, suitable direction should be issued to the Government not to send the MLAs to foreign countries and thereby incur expenditure which would affect the public exchequer. According to the petitioners since the financial condition of the State is unsatisfactory and the State is heavily indebted to the World Bank and substantial amount being paid to the World Bank towards interest this expenditure if incurred by the State will not serve any purpose and that the theme of gnan Andhra Pradesh (k...
N. Ram Reddy Vs. Bar Council of the State of A.P., Hyd.
Court: Andhra Pradesh
Decided on: Apr-23-2002
Reported in: 2002(3)ALD484; 2002(3)ALT717
Ar. Lakshmanan, C.J.1. Heard Sri Mohan Vinod for the petitioner and Sri A. Sudershan Reddy for the respondent.2. The writ petition was filed by the petitioner, N. Ram Reddy, questioning the legality and validity of the order dated 15-12-2001 passed by the Enrollment Committee of the Bar Council of Andhra Pradesh in returning his application for admission as advocate on the roll of the Bar Council of the State of Andhra Pradesh.3. The order impugned in this writ petition reads thus:'With reference to your application cited above, I am to inform you that the Enrolment Committee of the Bar Council of Andhra Pradesh at its meeting held on 13-12-2001 has considered your application and passed the following order: It is stated in the judgment of the Hon'ble High Court, that the applicant is stated to be relieved on 6-4-2000. As such the present application in the present form cannot be processed and deserves to be returned as not maintainable. Applicant be informed accordingly. Therefore, I ...
T. Venkatasubbamma Vs. A.P. Co-operative Central Agriculture Developme ...
Court: Andhra Pradesh
Decided on: Apr-23-2002
Reported in: 2002(3)ALD608; 2002(3)ALT710
Dr. Ar. Lakshmanan, C.J. 1. Heard Sri A.K. Jayaprakash Rao, the learned Counsel for the appellant and Sri P. Nageswara Sree, the learned Counsel for the respondent. The unsuccessful writ petitioner is the appellant in this appeal. The writ petition was filed for a mandamus declaring the action of the respondent in proceedings dated 20.11.2001 refusing to consider the case of the appellant for appointment on compassionate ground, as illegal, unjust and contrary to law and to grant all consequential benefits. 2. The case of the appellant is that her late husband joined the services of the respondent-bank as watchman/attendar and had put in 17 years of service and that he was Illegally dismissed from service by order dated 17-2-1994. Aggrieved by the said order of removal her husband filed an appeal before the appellate authority under Section 48 of the A.P. Shops and Establishments Act, 1988 (for short 'the Act') which was numbered as S.E.29 of 1994. During the pendency of the said appea...
Marepally Venkata Sree Nagesh Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Apr-23-2002
Reported in: 2002(1)ALD(Cri)905; 2002(2)ALT(Cri)52; 2002CriLJ3625
Bilal Nazki, J.1. This case is a unique case and first of its kind and with the development of Science and Technology unfortunately we may have to see many more cases of this nature in future. The accused-appellant is a scientist. He was awarded doctorate in Bio-chemistry. He was married to one Smt. Marepally Indira who died on 16-8-96 at 3.45pm at Pramila Kidney centre, Secunderabad. The substance of the charge against the accused was that, on 3-7-96 in the bedroom of his house located at Marwadi bazaar, Tandur the accused with an intention to kill his wife inserted mercuric chloride crystals by mixing it with tamarind into her vagina. On the insertion of Mercuric chloride into the vagina she developed severe burnings in her genitals and eventually she died in a Nursing home. This was the case of the prosecution that, since the accused knew that by inserting Mercuric chloride into the vagina the lady could eventually die he inserted Mercuric chloride with an intention to kill her with...
Pallicherla Suseelamma and ors. Vs. Kondapalli Sarojanamma (Died Per L ...
Court: Andhra Pradesh
Decided on: Apr-23-2002
Reported in: 2002(4)ALD486
ORDERDubagunta Subrahmanyam, J.1. This revision petition is filed under Section 22 of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, against the order dated 7-6-2000 in CMA No.7 of 1994 on the file of senior Civil Judge, Nellore, setting aside the order dated 14-7-1994 in RCC No.23 of 1989 on the file of the Rent Controller-cum-Principal District Munsif, Nellore.2. This revision petition is filed by the tenants. Smt. Sarojanamma filed eviction petition seeking the eviction of the tenants on the ground of personal requirement for occupying the petition schedule premises by her third son Murali (PW2) to carry on business in gunny bags. The tenants resisted the eviction petition taking the plea that the requirement of the landlady is not bona fide. On the basis of the oral and documentary evidence adduced by both the parties, the Rent Controller came to the conclusion that the requirement of he landlady for occupation for the business of her third son (PW2) is bona fide. How...
Usha Enterprises Vs. Khadi and Village Industries, Commission and ors.
Court: Andhra Pradesh
Decided on: Apr-23-2002
Reported in: 2002(5)ALT273
P.S. Narayana, J.1. The Writ Petition is filed for a writ of mandamus declaring the action of 1st respondent in issuing letter No. Bank Finance/Nodal 05. dated 26-4-2000 withdrawing the margin money kept in Fixed Deposit in the name of the petitioner with 3rd respondent-Bank and consequential letter dated 31-7-2000 of the 3rd respondent in this regard as arbitrary, illegal and against the principles of natural justice and consequently direct the respondents to credit the margin money to the loan account of the petitioner with the 3rd respondent and pass such other suitable orders.2. The Proprietrix of the petitioner-Company had sworn to the affidavit filed in support of the Writ Petition. The facts, in brief, are as follows:The 1st respondent is a statutory body created by an Act of Parliament called the Khadi and Village Industries Commission Act, 1956, hereinafter referred to as 'Act'. The 1st respondent is charged with the responsibility of planning, promotion, organization and impl...
Gundla Anantha Reddy and ors. Vs. District Collector and ors.
Court: Andhra Pradesh
Decided on: Apr-23-2002
Reported in: 2002(5)ALT637
N.V. Ramana, J.1. Similarity of facts and commonality of questions involved for consideration and decision induced me to hear and dispose of these writ petitions by this common order.2. For the purpose of deciding these writ petitions, suffice it to narrate the necessary skeleton facts, which are common.3. These writ petitions relate to Nalgonda District. Petitioners claim to be the pattedars of the respective extents of lands in their occupation/possession comprised in different survey numbers of Medipalli village, Gajularamaram Mandal, Nalgonda District, which are allegedly situated on the banks of 'Shameerpet Vagu'. According to them, whenever the 'Shameerpet Vagu' overflows, the mud and sand in huge quantity accumulate/collect over their patta lands, making the lands unfit for cultivation. For the last two years major portion of their lands are not being cultivated due to huge collection of mud and sand above the surface level of their lands. In order to remove such accumulated/col...
Surender Singh Bajaj Vs. Kitty Steels Limited and anr.
Court: Andhra Pradesh
Decided on: Apr-22-2002
Reported in: AIR2003AP13; 2002(4)ALD191; 2002(6)ALT224
S.R. Nayak, J.1. I have had the advantage of reading in advance the judgment in draft prepared by my learned Brother Ch. S.R.K. Prasad, J. I am in respectful agreement with my learned Brother that the appeal has to be allowed and the order impugned in the appeal has to be set aside and IA No. 2957 of 2001 is liable to be dismissed. However, I propose to add comments of my own.2. This civil miscellaneous appeal filed under Order 43, Rule 1(q) of CPC is directed against an order and decree dated 29-11-2001 passed in IA No. 2957 of 2001 in OS No. 540 of 2001 on the file of the Court of the Chief Judge, City Civil Court, Hyderabad. The appellant in this appeal is the 1st defendant and the respondents in this appeal are the plaintiffs in the suit OS No. 540 of 2001. The plaintiffs have filed the suit for recovery of a sum of Rs. 11,89,340/- with interest and costs from the 1st defendant-the appellant, basing on the debt vouchers signed by the 1st defendant in favour of the plaintiffs. In th...
Sultan Latiff ShamshuddIn Ahmed (Died) Per Lrs. Vs. Shaik Alla Baksh J ...
Court: Andhra Pradesh
Decided on: Apr-22-2002
Reported in: 2002(4)ALD779; 2003(1)ALT24
S.R.K. Prasad, J.1. This second appeal is directed against the judgment and decree passed in AS No.94 of 1986 on the file of the II Additional District Judge, Krishna at Vijayawada.2. The facts that arise for consideration can be briefly stated as follows:The defendant is the appellant. The plaintiff wanted to purchase a lorry in the year 1970 and approached the defendant to lend a sum of Rs. 10,000/-, on mortgaging the house of the plaintiff and his mother. The defendant said to have agreed to lend a sum of Rs. 8,000/- only and demanded the plaintiff and his mother late Shaik Ameenabi, to execute an out and out sale deed for a sum of Rs. 8,000/- promising that the plaintiff and his mother could repurchase the house, which was the schedule property, as and when they desire, for a sum of Rs. 10,000/-with in a period of 10 years. It is also agreed that the possession of the house should be delivered to the defendant and the defendant should enjoy the rents and pay taxes. It is also furth...
Sri Ramratan Jhawar Vs. Government of A.P. and anr.
Court: Andhra Pradesh
Decided on: Apr-19-2002
Reported in: AIR2003AP84; 2002(3)ALD804; 2002(4)ALT176
Ar. Lakshmanan, C.J. 1. Heard Smt. Jayasree Sarathy, learned Counsel for the petitioner and the learned Government Pleader for Animal Husbandry for the respondents.2. The writ petition was filed as Public Interest Litigation by the petitioner questioning the constitutional validity of Section 6 of Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977 (Act No. 11 of 1977) (for short the 'Act') so far as it permits the slaughter of animals mentioned in the Act under certificates given by the competent authority appointed under the Act. According to the petitioner, the Act is not giving effect to the policy enshrined in Article 48 of the Directive Principles in Part IV of the Constitution of India.3. The aforesaid Act makes a declaration that it was passed for giving effect to Article 48 of the Directive Principle of State Policy. Article 48 prohibits the slaughter of cows and calves and other milch and draught animals. It enjoins upon the State to organise agricul...
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