Andhra Pradesh Court April 2002 Judgments
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Gondrala Sithamahalakshmi and anr. Vs. Pulipati Rajarao and ors.
Court: Andhra Pradesh
Decided on: Apr-17-2002
Reported in: 2002(4)ALD277; 2002(4)ALT426
B.S.A. Swamy, J.1. This LPA was filed against the decision of our learned brother Chelameswar, J., in P. Raja Rao v. G. Silhamahalakshmi, 1999 (6) ALT 584, (AS No. 1750 of 1985 and Cross-objections) wherein he was held that Ex. Bl will, on the evidence of its scribe, DW3, in the absence of examination of its attestors, holds good.2. The facts are not in dispute. There was a registered partition between one Kotaiah, first respondent-first defendant (son of the said Kotaiah), the second defendant (wife of the said Kotaiah) and plaintiffs 1 and 2 (wife and daughter of one Ramalingaiah, the second son of the said Kotaiah) in Ex.A3. Each one of them was allowed one share in the joint family property. Subsequently the said Kotaiah died intestate in the year 1970. The first respondent-first defendant and the second defendant took possession of the property that fell to the share of the said Kotaiah without giving share to the branch of his 2nd son, Ramalingaiah. In those circumstances, the ap...
Panda Rajyalakshmi Vs. District Collector, Srikakulam and ors.
Court: Andhra Pradesh
Decided on: Apr-16-2002
Reported in: 2002(3)ALD589; 2002(4)ALT98
ORDERL. Narasimha Reddy, J.1. In this writ petition the petitioner challenges the proceedings of Collector and District Magistrate, Srikakulam in Rc.No.4293/88, B.10, dated 3-11-1993 where under the caste certificate dated 5-7-1983 issued by the Tahsildar, Palakonda to the petitioner was cancelled.2. In the affidavit filed in support of the writ petition, the petitioner submits that she belongs to Holva community, which is a Schedule Tribe. According to her, her forefathers migrated to Kalahandi area of Orissa State. Her father migrated to Sirusuvada village of Srikakulam District where many people of their tribe were living. She passed S.S.C. Examination in the year 1981 and her caste was recorded as 'Oriya Brahmin (Holva)'. She was issued a certificate by the Tahsildar Palakonda on 5-7-1983, after conducting enquiry certifying that she belongs to Holva community.3. In the year 1983-84, she appeared for B.S.R.B examination and was selected for clerical post and was appointed as clerk ...
Ravi Rishi Educational Society, Gandhinagar and ors. Vs. Osmania Unive ...
Court: Andhra Pradesh
Decided on: Apr-16-2002
Reported in: 2002(3)ALD430; 2002(3)ALT662
ORDERP.S. Narayana, J.1. The controversy in the present writ petition is between an educational institution claiming the benefits as minority institution and the University. Incidentally, the Government of Andhra Pradesh also is concerned with the dispute since it is the competent authority to issue the minority status certificate relating to an educational institution.2. The short factual matrix, which may be relevant for the purpose of disposal of this writ petition can be narrated as hereunder.3. The 1st petitioner in the writ petition is a Society and the 2nd petitioner is Haindavi Post Graduate College, Bowenpally, Secunderabad represented by its Correspondent and the 3rd petitioner is the Correspondent in his personal capacity. 1st respondent herein is the Osmania University, represented by its Registrar, hereinafter referred to as 'University' in short and 2nd respondent is the Government of Andhra Pradesh, Higher Education Department, represented by its Secretary, hereinafter i...
United India Insurance Company Limited, Tirupati Branch, Tirupati Vs. ...
Court: Andhra Pradesh
Decided on: Apr-16-2002
Reported in: II(2002)ACC326; 2003ACJ191; 2002(3)ALD817; 2002(2)ALT700
Ramesh Madhav Bapat, J.1. This is an appeal by the United India Insurance Company Limited. The appellant herein was aggrieved by the award passed in M.V.O.P. No. 97 of 1998 by the Motor Accidents Claims Tribunal-cum-V Additional District Judge, Tirupathi awarding compensation of Rs. 16,51,400/-. The claimants-respondents herein filed a petition under Section 163A of the Motor Vehicles Act claiming compensation of Rs. 22 lakhs on the death of M. Muni Krishna Reddy, husband of first claimant and father of claimants 2 to 5 and son of 6th claimant, who died in the motor accident occurred on 21-1-1998 at about 9-00 p.m., near Rass building at M.R. Palle to AIR By-pass road. On evidence the Tribunal granted compensation of Rs. 16,51,400/-.2. The main contention raised by the appellant herein that the Tribunal ought to have appreciated that under Section 163A of the Motor Vehicles Act, the maximum earning capacity is to be taken as Rs. 40,000/-for computing compensation and no more amount can...
Jangaon Municipal Sanitary Works and Labour Contract Co-operative Soci ...
Court: Andhra Pradesh
Decided on: Apr-16-2002
Reported in: 2003(6)ALT558; 2004(1)CTLJ266(AP)
ORDERV.V.S. Rao, J.1. The first respondent issued a tender notice dated 15.11.2001 inviting Tenders from registered Labour Co-operative Societies for allotment of sanitary work in Jangaon Municipality. After completion of the procedure, the 2nd respondent herein was declared successful tenderer and the work of sanitation in Janagaon Municipality was allotted to the 2nd respondent for a period of two years with effect from 01.02.2002. This action of the first respondent in accepting the Tender of the 2nd respondent is assailed in this writ petition.2. The only ground on which the acceptance of the Tender of the 2nd respondent is assailed is that as per Rule 5(2) of the A.P. Municipalities Tender Rules, 1967, every tenderer who wish to take up any work with the municipality should be a registered contractor and that 2nd respondent, not being a registered contractor with the Janagaon Municipality, is not qualified to submit the tender for the same. The learned counsel for the 2nd responde...
Mutyam Agaiah Vs. Special Deputy Collector, (Ntpc) L.A. Unit
Court: Andhra Pradesh
Decided on: Apr-16-2002
Reported in: 2002(2)ALT715
ORDERRamesh Madhav Bapat, J.1. O.P. No. 244 of 1987 and O.P. No. 96 of 1998 were decided by the Senior Civil Judge, Peddapalli, Karimnagar District. Aggrieved by the said awards passed in the aforesaid O.Ps., the State of Andhra Pradesh preferred A.S. No. 153 of 2000 and A.S. No. 705 of 2000 before this Court. The Division Bench of this Court decided both the appeals on 27-12-2000. After the disposal of the appeals, the original claimant-cross-objector filed cross-objections along with the delay condonation applications. The delay was condoned and the cross-objections were placed before us for final hearing.2. The only point arises for our consideration in the cross-objections is whether the cross-objections can be filed after the main appeals are finally disposed of?3. The learned counsel Mr. S.R. Ashok appearing on behalf of the respondent-cross-objector submitted at the Bar that it is not necessary that the appeals must be pending and then only the cross-objections can be filed. It ...
S. Sidda Reddy Vs. District Collector (Social Welfare) and anr.
Court: Andhra Pradesh
Decided on: Apr-16-2002
Reported in: 2002(4)ALT207
ORDERL. Narasimha Reddy, J.1. The land of the petitioner admeasuring about Ac. 3.00 in S.No. 143/3-A of Bhagampalle Village, hamlet of Sundupalle Mandal, Cuddapah District was acquired by the respondents in the year 1985 for the purpose of providing house-sites to the weaker sections. The notification under Section 4(1) of the Land Acquisition Act was published on 5-12-1985. and the declaration under Section 6 of the Act was published on 20-2-1986. An award was passed on 15-3-1986 determining the compensation at Rs. 10,000/- per acre and the total compensation together with the statutory benefits was fixed at Rs. 40,170/-.2. The 2nd respondent who is the Land Acquisition' Officer ordered that the compensation shall be paid to the petitioner in 5 annual instalments of Rs. 8,0347- for year. The petitioner was paid two instalments on 3-3-1986 and 3-3-1987. Thereafter he was not paid any amount. He approached the respondent number of times through representations. Since there was no reply,...
Koteswara Raju Dantuluri Vs. Garvee Granites Limited and ors.
Court: Andhra Pradesh
Decided on: Apr-15-2002
Reported in: 2002(3)ALD131
S.R. Nayak, J.1. This appeal filed under Section 483 of the Companies Act, 1956 (for short, the Act), is directed against the order of the leaned Company Judge in CA No.879 of 2001 in RCC No.6 of 2001 dated 13-2-2002 dismissing the application filed by the appellant herein under Section 466 of the Act seeking stay of the winding up order passed by the learned Company Judge dated 20-9-2001 in RCC No.6 of 2001.2. The background facts leading to the filing of the appeal be noted briefly as under: M/s. Garvee Granites Limited (hereinafter referred to as the 'company'), was incorporated as a private limited company on 21-5-1992 and got Factory Licence on 7-12-1995. The object of the company was to carry on the business to produce, process, refine, export, buy, sell and generally deal in polished granite and marble tiles of all kinds. The company went for public issue with an equitable capital of Rs.7.50 crores divided into Rs.75 lakhs equity shares of Rs.10/- each. Public offer was subscrib...
P.P. John Vs. Zonal Manager, South Central Zone, Life Insurance Corpor ...
Court: Andhra Pradesh
Decided on: Apr-15-2002
Reported in: 2002(3)ALD220
S.R. Nayak, J. 1. This writ appeal is directed against the order of the learned single Judge dated 26.7.1995 made in W.P. No. 9882 of 1991. The appellant is the writ petitioner. The Divisional Manager, Life Insurance Corporation of India, Cuddapah, the 2nd respondent herein, who is the disciplinary authority, after holding departmental enquiry against the appellant/ petitioner on the proved misconduct, by his proceedings dated 21.1.1991, removed the appellant from service as a disciplinary measure. The reliefs sought within the department were also denied to him. Hence he filed the writ petition assailing the disciplinary action token against him by the 2nd respondent and the appellate authority. The relevant facts leading to the filing of the writ petition be noted briefly and they areas follows: 2. The appellant/petitioner was appointed as Office Assistant in the year 1963 in Life Insurance Corporation of India and subsequently promoted as Section Head in the year 1980. Thereafter he...
K.V.L.N. Vara Prasada Rao Vs. Govt. of A.P., Dept. of Industries and C ...
Court: Andhra Pradesh
Decided on: Apr-15-2002
Reported in: 2003(1)ALT57
ORDERP.S. Narayana, J.1. This writ petition is filed for a Certiorari or any other appropriate writ, order or direction after calling for the records from the respondents relating to the Demand Notice issued by the 3rd respondent in his Ref.No. 933/Q1/80, dated 16-6-1989 as confirmed by the 2nd respondent in his Proc.No. 24019/S1/89, dated 24-4-1990 as well as the demand raised by the 4th respondent vide his Lr.No. 1025/Q/80, dated 5-5-1993 which were later confirmed by the 1st respondent vide his Memo No. 1922/M-II(1)/93-11, dated 11-3-1996 and to quash the same by passing appropriate orders.2. The case of the writ petitioner in brief is that the petitioner was granted a quarry lease in his patta land to an extent of Ac.2-00 in Sy.No. 841/B-2 for a period of five years in the month of April, 1980 and ever since he was conducting quarrying operations for a period of five years and subsequently basing on the interim orders passed by this Court. It is further stated that the petitioner t...
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