Andhra Pradesh Court June 2002 Judgments
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N.V. Subrahmanyam and ors. Vs. State (Govt. of India)
Court: Andhra Pradesh
Decided on: Jun-11-2002
Reported in: 2002(2)ALD(Cri)165; 2002CriLJ3264
ORDERCh. S.R.K. Prasad, J.1. The petitioners, who are accused in C.C. No. 219 of 1996 on the file of the Judicial Magistrate of I Class Court. Mummidivaram, East Godavari District invoke the inherent powers of this Court to quash the proceedings in the said C.C. 219 of 1996.2. The facts that led to filing of the complaint and later this petition can be briefly stated as follows : The petitioners are working as Chief Engineer/Mines Manager; Chief Engineer/Asst. Mines Manager and General Manager/Agent in Oil and Natural Gas Corporation Limited (O.N.G.C). They have undertaken also drilling operations near GS-15-AB (Offshore) Location operating within 12 nautical miles from the site village. The drilling operations were entrusted to their Contractor. As per the contract the entire drilling operation will be conducted; by the Contractor and thereafter production tests have to be conducted. It appears that on 23-11-1992 when the Contractor himself was conducting production tests at GS-15-AB,...
Thiruvalkani K. Nagaraj Vs. Thiruvalkani Sarojamma and anr.
Court: Andhra Pradesh
Decided on: Jun-10-2002
Reported in: 2002(4)ALD481; 2002(6)ALT429
C.Y. Somayajulu, J.1. Plaintiffs in OS No. 29 of 1986 on the file of the Court of the Subordinate Judge, Nandyal, preferred AS No. 1204 of 1994 to this Court against the decree of dismissal and filed CMP No. 14374 of 1994 seeking an injunction restraining the respondents in the appeal from alienating the properties covered by the suit during the pendency of the appeal. A learned single Judge of this Court granted an ex parte order of injunction on 28-10-1994. Subsequently respondents in the appeal filed CMP No. 18845 of 1994 to vacate the ex parte order of injunction dated 28-10-1995. By an order dated 2-12-1994, a learned single Judge of this Court, taking into consideration the averment in para 15 of the counter-affidavit filed on behalf of the respondents in the appeal that they are not trying to alienate any properties in question, feeling that there is no need to continue the interim injunction granted on 28-10-1994, in view of the statement, vacated the ex parte injunction, by ma...
P. Saraswathamma and ors. Vs. Family Planning Association of India, My ...
Court: Andhra Pradesh
Decided on: Jun-10-2002
Reported in: 2004ACJ218; 2002(5)ALD94
B.S.A. Swamy, J.1. Aggrieved by the award, dated 28-2-2001, in OP No. 325 of 1995, of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Madanapalle, the legal representatives of the deceased P.C. Rami Reddy filed the present civil miscellaneous appeal.2. The brief facts of the case are that on 5-10-1993 while the deceased was returning home from Punganur Bus Stand, a Jeep bearing No. CAN.2510 belonging to the 1st respondent hit him forcibly, as a result of which he sustained multiple injuries. Thereafter, he succumbed to injuries on 26-11-1993. The legal heirs of the deceased filed OP No. 325 of 1995 before the Tribunal claiming a compensation of Rs. 6,00,000/-under various heads.3. The Tribunal having appreciated the evidence on record, granted Rs. 2,02,477/-and after deducting Rs. 25,000/-, paid by the 1st respondent under no-fault liability, an amount of Rs. 1,80,000/- was directed to be paid to the legal heirs of the deceased, which includes Rs. 69,840/- towards lo...
Ashok Vs. Baba Rao and anr.
Court: Andhra Pradesh
Decided on: Jun-10-2002
Reported in: 2002(5)ALD824; 2002(6)ALT296
C.Y. Somayajulu, J.1. This is an appeal by the 1st defendant in OS No. 3 of 1985 on the file of the Court of the Additional District Judge, Adilabad. For the sake of convenience, I would refer to the parties as they are arrayed in the trial Court.2. Plaintiff filed the suit for recovery of possession of 15 acres 7 guntas of land in S. No. 83 of Pipri village, Utnoor Taluq, hereinafter called the 'suit land' from the defendants alleging that the suit property, which was allotted to his share during the partition between him and his brother, was being cultivated by him through coolies and that the 2nd defendant, who is the father of the 1st defendant, who used to cultivate the suit land as a cooli had put the 1st defendant in possession thereof. After coming to know about the said fact, he demanded the 1st defendant to vacate the suit land and deliver the possession thereof to him, but the 1st, defendant refused to do so and hence the suit.3. 1st defendant filed his written statement con...
P. Saraswathamma and ors. Vs. Family Planning Association of India and ...
Court: Andhra Pradesh
Decided on: Jun-10-2002
Reported in: III(2004)ACC122
B.S.A. Swamy, J.1. Aggrieved by the award, dated 28.2.2001, in O.P. No. 325 of 1995, of the Motor Accident Claims Tribunal-cum-Additional District Judge, Madanapalle, the legal representatives of the deceased P.C. Rami Reddy filed the present civil miscellaneous appeal.2. The brief facts of the case are that on 5.10.1993 while the deceased was returning home from Punganur Bus Stand, a jeep bearing No. CAN 2510 belonging to the respondent No. 1 hit him forcibly, as a result of which he sustained multiple injuries. Thereafter, he succumbed to injuries on 26.11.1993. The legal heirs of the deceased filed O.P. No. 325 of 1995 before the Tribunal claiming a compensation of Rs. 6,00,000/- under various heads.3. The Tribunal having appreciated the evidence on record, granted Rs. 2,02,477 and after deducting Rs. 25,000/-, paid by the respondent No. 1 under no fault liability, an amount of Rs. 1,80,000/- was directed to be paid to the legal heirs of the deceased, which includes Rs. 69,840/- tow...
Visakhapatnam Port Trust Vs. Commercial Tax Officer Krupam Market, Vis ...
Court: Andhra Pradesh
Decided on: Jun-07-2002
Reported in: 2002(4)ALD310
Motilal B. Naik, J. 1. M/s. Visakhapatnam Port Trust is the petitioner in these two writ petitions, which chooses to challenge the initiation of proceedings by the respondents under A.P, General Sales Tax Act, 1957, for the assessment years 1996-97, 1997-98 and 1998-99.2. In Both these writ petitions the petitioner seeks a writ of mandamus declaring that Section 2(e) of the A.P. General Sales Tax Act, 1957 applies only to the persons who are 'carrying on business' shall be dealers and consequently to hold that Explanation iv to the definition of 'dealer' under Section 2(e) of the Act as ultra vires as the petitioner is not a 'dealer' under the said Act even after insertion of Explanation IV to Section 2 (e) of the said Act.3. In WP No.3566 of 2001 the petitioner seeks to quash the demand notices issued in Form B3 for the assessment years 1996-97 and 1997-98, dated 12-2-2002, by the 1st respondent and to pass such other orders as deemed to be fit and proper in the circumstances of the c...
Devi Pershad and anr. Vs. Rajava Desai
Court: Andhra Pradesh
Decided on: Jun-07-2002
Reported in: 2002(4)ALD231; 2002(5)ALT710
ORDERG. Rohini, J. 1. This civil revision petition filed under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Act'), is directed against the judgment dated 7.12.2001 in RA No.187 of2000 on the file of the Court of the Addl. Chief Judge, City Small Causes Court, Hyderabad confirming the eviction ordered by the III Additional Rent Controller, Hyderabad in RC No.63 of 1995. The tenants who are the respondents in RC No.63 of 1995 are the revision petitioners. 2. For the sake of convenience the revision petitioners and the respondent are hereinafter referred to as the tenants and the landlady respectively as they were arrayed in the eviction petition, 3. The brief facts of the case are as follows: The landlady filed R.C.No. 63 of 1995 under Section 10(3)(m)(b)and Section 10(2)(v) of the Act for eviction of the tenants from the petition schedule mulgies. As per the averments in the eviction petition the tenants jointly obtained the petition sche...
K. Venkatarao Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jun-07-2002
Reported in: 2002(4)ALD269; 2002(2)ALD(Cri)94; 2002(4)ALT240
Ar. Lakshmanan, C.J. 1. Heard Mr. D. Ramalinga Swamy learned Counsel for the petitioner assisted by Ms. V. Malathi, Mr. Chandra Rao, learned Standing Counsel for the High Court and Mr. Rama Rao, learned Government Pleader for Home. 2. The petitioner is a retired Tahsildar. He was appointed to the post of Special Judicial Second Class Magistrate, Bobbili, consequent on a notification issued in Dis.No.3276 dated 26-6-2000 by the District Court, Vizianagaram. In the notification, it was stated that candidates who have atleastone year to complete 65 years of age as on 31-7-2000 were also eligible for the post of Special Judicial Second Class Magistrate. The petitioner was born on 1-6-1937. Having regard to his date of birth he would complete the age of 65 years by 30-5-2002. According to him as on 31-7-2000 he was having 1 year 10 months to complete the age of 65 years and thus he became eligible for appointment to the post of Special Judicial Second Class Magistrate. Accordingly he was du...
Special Deputy Collector, Tribal Welfare, Palwancha Vs. Gummadapu Moha ...
Court: Andhra Pradesh
Decided on: Jun-07-2002
Reported in: 2002(4)ALD132
S.R. Nayak, J. 1. This writ appeal filed by the Special Deputy Collector, Tribal Welfare, Palwancha is directed against theorder of the learned single Judge of this Court dated 29-7-1997 made in WP No. 2182 of 1989. The 1st respondent herein Gummadapu Mohan Rao filed the above writ petition seeking quashing of the notice issued under Rule 7(2) in LTR No. 1032/88 dated 13-1-1989 calling upon the writ petitioner to show-cause. The writ petitioner without showing cause straight away filed the writ petition seeking quashing of the notice. The background facts leading to the filing of the above writ petition may be briefly noted in the first instance, and they are as follows: 2. The petitioner's father-in-law by name Godem Koteswar Rao purchased two acres of land comprised in S.No. 297 situated in Naidupet village under a registered sale deed dated 21-11-1959 from Tati Pottenna, the 2nd respondent in the writ petition who is said to be a tribal. On an earlier occasion, proceeding in Case No...
Madigela Rukminiamma @ Ruknamma Vs. Mir Karrar Ali
Court: Andhra Pradesh
Decided on: Jun-07-2002
Reported in: 2002(4)ALD360
ORDERG. Rohini, J.1. The landlady is the petitioner in this civil revision petition, filed under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 against the judgment of the Additional Chief Judge, City Small Causes, Hyderabad in RA No. 518 of 1994 confirming the order dated 24-6-1994 in RC No.897 of 1992 on the file of the Court of the II Additional Rent Controller, Hyderabad.2. The brief facts of the case are as follows:The revision petitioner is the owner of the premises bearing No. 16-7-401 situated at Azampura, Hyderabad. The said premises was let out to the respondent herein for the purpose of carrying on milk business on amonthly rent of Rs.175/-. The petitioner landlady filed RC No. 897 of 1992 under Section 12(l)(b) of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 -hereinafter called 'the Act', seeking eviction of the respondent-tenant on the ground that the premises is required for reconstruction. In the said petition it has been sta...
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