Andhra Pradesh Court June 2002 Judgments
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Executive Engineer, Panchayat Raj Vs. P. Venkata Rao and anr.
Court: Andhra Pradesh
Decided on: Jun-28-2002
Reported in: 2002(5)ALD491; 2003(2)ARBLR289(AP)
ORDERV. Eswaraiah, J.1. These two cases arise out of a common order dated 3rd July, 1998 in OP Nos.54 of 1992 and 67 of 1992 on the file of the Senior Civil Judge, Peddapuram among the same parties. Hence they are disposed of by a common order.2. The Executive Engineer, Panchayat Raj Department filed CRP No.3087 of 2000 against the order dated 3-7-1998 in OP No.54 of 1992 on the file of the Senior Civil Judge, Peddapuram in making the award dated 9-9-1992 as rule of Court3. The CMA No.2842 of 2000 is filed by the same Executive Engineer, Panchayat Raj Department, against the order dated 3-7-1998 made in OP No.67 of 1992 on the file of the senior civil Judge, Peddapuram, in dismissing the application filed by the petitioner herein under Section 30 of the Arbitration Act to set aside the award dated 9-9-1992 passed by the arbitrator.4. The respondent herein is a contractor. The second respondent herein is the arbitrator, who is not a necessary party before this Court. An agreement dated ...
Goureshetty Srinivas Vs. Gouresheety Ramalingam and ors.
Court: Andhra Pradesh
Decided on: Jun-28-2002
Reported in: 2002(6)ALD618
C.Y. Somayajulu, J. 1. 2nd plaintiff in OS No. 40 of 1982 on the file of the Court of the Subordinate Judge, Nizamabad who was brought on record as the sole legal representative of the deceased minor plaintiff is the appellant. 2. The appellant, on behalf of her minor son, filed the suit seeking partition of the half share of her minor son, the plaintiff, in the properties specified in the schedules appended to the plaint, inter-alia alleging that the 1st respondent, her husband, having neglected her and her minor son, (the plaintiff), had brought and kept the 3rd respondent as his permanent concubine and begot the 2nd respondent through her. After the death of her minor son during the pendency of the suit in the trial Court, appellant brought herself on record as 2nd plaintiff in her capacity as his legal representative. The case of the 1st respondent is that all the properties shown in the plaint schedules are not the joint family properties and that some of them are his self-acquire...
Syed Fazal Vs. Sajeeda Parveen
Court: Andhra Pradesh
Decided on: Jun-28-2002
Reported in: 2002(6)ALD373
L. Narasimha Reddy, J.1. The defendant in O.S.No. 4/89 on the file of the Senior Civil Judge, Khammam, is the appellant herein.2. The respondent/plaintiff filed the suit for specific performance of an agreement of sale dated 15-4-1985 whereunder the appellant/defendant agreed to sell an extent of 510 sq.yards, situated at Khammam (for short 'the suit schedule property') @ Rs. 500/- per square yard. It was averred in the plaint that on the date of the agreement an amount of Rs. 25,000/-was paid as earnest money and that the appellant agreed to receive the balance of consideration at the time of executing the sale deed and delivering vacant possession. According to the respondent, the appellant was under obligation to produce non-encumbrance certificate and the entire transaction was to be completed within six months. It is also alleged that in addition to Rs. 25,000/- paid on 15-4-1985, the appellant has also received an amount of Rs. 25,000/-from the husband of the respondent on differ...
Larsen and Toubro Limited Vs. Bogalakshmi and ors.
Court: Andhra Pradesh
Decided on: Jun-28-2002
Reported in: 2003(2)ALD624; [2003(97)FLR736]
ORDERG. Bikshapathy, J.1. The appeal is filed by M/s. Larsen and Toubro Limited under Section 30 of the Workmen's Compensation Act challenging the Order passed by the Commissioner, Workmen Compensation in WC No. 91 of 1994, dated, 14-3-1995.2. Relevant facts leading to the filing of the case can be referred to herein.3. Appellant-company has a branch at Visakhapatnam. For the purpose of making upper deck roofing and false ceiling work it was entrusted to the Contractor M/s. Air Cooled Insulations, the 4th respondent herein. The deceased-workman was working as a Carpenter under the 4th respondent While so, he was attending to the work at the Branch Office of the Appellant, he met with an accident on 26-12-1993 and consequently he was shifted to the hospital, where he succumbed to the injuries. The dependants of the deceased laid a claim under the provisions of the Workmen's Compensation Act before the Commissioner for Workmen Compensation. The claim was resisted by the appellant herein ...
Bandala Bhaskar Rao Vs. Zonal Manager, Food Corporation of India and o ...
Court: Andhra Pradesh
Decided on: Jun-28-2002
Reported in: 2002(4)ALT265
S.R. Nayak, J.1. This Writ Appeal is by the unsuccessful writ petitioner and is directed against the order of the learned Single Judge dated 5-2-2002 made in W.P. No. 4146 of 1990.2. The appellant-petitioner filed the above writ petition praying for a certiorari to quash the office order No. PF/3711/E1 A4 dated 8-8-1989 issued by the Senior Regional Manager, Food Corporation of India, Hyderabad, the 2nd respondent herein. The impugned proceeding reads as under:'THE FOOD CORPORATION OF INDIA REGIONAL OFFICE: HYDERABAD-4NO.PF/3711/E.I.A4 dated: 8-8-1989ToThe DM, FCI, Kmm.Sir,Sub.: Sri Bandla Bhaskar Rao, AGII (Depot) - Revision of Seniority-reg.Ref.: D.O.Lr.VZA No. Esst.A1/1446/PF dt.24-4-89.Please refer letter cited. A copy of Zonal Office Lr. No. 5/10(2)/88-SC dt.4-5-1989 is forwarded herewith wherein seniority of Sri Bandla Bhaskara Rao has been revised from S. No. 497 to S.No. 1128 (a) below Sri K.R. Krishna at S.No. 1128 and above Sri U. Gopaiah at S. No. 1129 in the seniority list ...
B. Purnima Anantha Lakshmi Vs. State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Jun-28-2002
Reported in: 2003(3)ALT658
Dalava Subramanyam, J.1. The appellant-plaintiff filed the second appeal against the decree and judgment in A.S.No. 91 of 1998 dated 25-7-1989 on the file of the District Court at Visakhapatnam in confirming the decree and Judgment in O.S.NO. 662 of 1982 dated 28-12-1987 on the file of the IV Additional District Munsif at Visakhapatnam in dismissing the suit filed for declaration that the plaintiff belongs to Kondareddy caste of Dummugudem village in Khammam District and for consequential relief.2. The brief facts of the case are as follows:The plaintiff contended that she belongs to a family of Kondareddy caste, which is classified as Scheduled Tribe, and that her father is Rambabu Reddy, whose parents are Narayana Reddy and Appalanarasamma, who lived at Dummugudem. All the family members of the plaintiff were recognized and treated as Kondareddy community since several decades. The plaintiff studied matriculation in the year 1979, Intermediate and B.Sc. first year in St, Joseph Colle...
G. Rajender Reddy and Company, Hyderabad and anr. Vs. Government of A. ...
Court: Andhra Pradesh
Decided on: Jun-27-2002
Reported in: 2002(4)ALD746; 2002(4)ALT637
Dr. AR. Lakshmanan, C.J.1. Heard Sri E. Manohar, the learned senior Counsel for the appellants and the learned Government Pleader for Roads and Buildings for the respondents. The writ appeal is directed against the order passed by the learned single Judge dated 18-4-2002 dismissing the writ petition filed by the appellants, on the ground that rights or obligations arising out of non-statutory contracts cannot be enforced through the medium of judicial review under Article 226 of the Constitution of India. The writ petition was accordingly dismissed as not maintainable.2. Sri E. Manohar the learned senior Counsel submitted that the learned single Judge has not noticed that as per Clause (2) of the agreement the remedy by way of suit would be available only after intimating the contractor with regard to the preparation of final bill and not before. Clause (2) of the agreement reads as under:A reference for adjudication under this clause shall be made by either party to the contract withi...
Dr. K. Ramachandra Reddy Vs. Registrar, Angrau, Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Jun-27-2002
Reported in: 2002(4)ALD767; 2002(4)ALT430
S.R. Nayak, J.1. The unsuccessful petitioners in Writ Petition Nos. 24672 of 1997 and 32064 of 1997 have filed these writ appeals and they are directed against the common order of the learned single Judge dated 28-8-1998 made in the above two writ petitions. In the writ petitions, the appellants herein questioned the validity and legality of the order of Acharya N.G. Ranga Agricultural University, Hyderabad, the 1st respondent herein, in appointing the third respondent in each of these writ appeals viz., Dr. P.V.S. Kishore (third respondent in WA No. 1694 of 1998), and Dr. M. Mutha Rao (third respondent in Writ Appeal No. 1965 of 1997) to the posts of Assistant Professors in the faculties of Veterinary Anatomy and Histology and Animal Reproduction, Gynaecology and Obstetrics, The learned single Judge by the order impugned in the writ appeals dismissed the writ petitions.2. The relevant facts of the case be summarised as follows: The 1st respondent-University issued notification on 12-3...
Madasu Ganeswara Rao Vs. Pasupuleti Subba Rao and anr.
Court: Andhra Pradesh
Decided on: Jun-27-2002
Reported in: 2002(6)ALD385; 2003(3)ALT762
P.S. Narayana, J.1. The unsuccessful plaintiff in both the Courts below is the appellant and the respondents are the defendants in the suit. The appellant-plaintiff instituted a suit O.S. of 1979 on the file of the 1 Additional District Munsif, Tanuku for recovery of Rs. 3.446-36 ps being the Principal and interest due on a promissory note dated 3 1.5.1976 executed by the respondent-defendants in favour of the transferor of the appellant-plaintiff for a consideration of Rs. 3,000/- payable with interest thereon.2. The case as pleaded in the plaint is that the defendants borrowed Rs. 3,000/- from one K. Suryanarayana Raju undertaking to repay the same with interest thereon and executed a promissory note on 315.1976 and the said Suryanaruyana Raju transferred the suit promissory note on 20.08.1976 receiving a sum of Rs. 3,000/- in favour of the present plaintiff, the appellant in the Second Appeal and in spite of repealed demands, the respondent-defendants did not pay the same and it was...
Ragiboyina Bhulakshmi Vs. Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Jun-27-2002
Reported in: 2002(4)ALT496
Ar. Lakshmanan, J. 1. Aggrieved by the order passed by the learned single Judge of this Court dated 2-4-2002 in writ petition No. 24834 of 2001 the writ petitioner preferred this appeal questioning the correctness and legality of the same. 2. According to the learned counsel for the appellant Sri E.V. Bhagiratha Rao the learned Judge should have held that EOP. No. 7 of 2001 filed by the 2nd respondent herein under Section 233 read with G.O.Ms. No. 111 Panchayat Raj RD&R; (Election III) Department, dated 3-3-1995 against the writ petitioner is not maintainable in law. In the instant case the 2nd respondent filed EOP. No. 7 of 2001 to declare the election of the appellant as sarpanch of the Talarlapalli gram Panchayat as illegal for the reason that the appellant had incurred disqualification under Section 19 (3) of the A.P. Panchayat Raj Act, 1994 (hereinafter referred to as 'the Act') as she had three children by the date of commencement of the Act on 2-5-1994 and to declare the 2nd res...
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